PLEASE READ THESE GENERAL CONDITIONS BEFORE ORDERING ON THE TAPILOU WEBSITE
The company TAPILOU sells play mats for babies and toddlers 100% made in France (hereinafter referred to as the “ Products ”) via its website accessible at www.tapilou.com (hereinafter referred to as the " Site ").
The present general conditions cover both the general conditions of sale of the Products and the general conditions of use of the Site (hereinafter referred to as the “ General Conditions ”), they are applicable between the company TAPILOU and the Customer.
Access to the Site is subject to acceptance of these General Conditions by the Customer.
1 LEGAL NOTICE
The Site is published by the company TAPILOU, a simplified joint stock company with a single shareholder with a capital of 1,000 euros, registered in the Marseille trade and companies register under number 882 014 095 whose registered office is at 58, Montée de Saint -Menet, 13011 Marseille - France, represented by Mrs Déborah Goldberg, in her capacity as chairman.
(Hereinafter referred to as the " Company ").
The Site is hosted by SHOPIFY INC., A Canadian company registered on the TSX and NYSE under number 426160-7 whose head office is at 151 O'Connor Street - Ottawa, Ontario K2P 2L8 - Canada.
Contact :
- assistance@shopify.com
- 1-613-241-2828
The purpose of the General Conditions is to govern the relations and reciprocal obligations between the Company and the Customer who wishes to acquire the Products marketed by the Company.
By ordering a Product on the Site, the Customer acknowledges having read the General Conditions in place on the day of the order, before placing the order, and having accepted them without restriction, this acceptance not being in any way conditioned by a handwritten signature from the Customer.
It is specified that the Customer may, at any time, save or print the General Conditions provided, however, that they are not modified.
The Company reserves the right to update the General Conditions at any time. In event of change, the General Conditions applicable will be those in force on the date of the order.
3 DEFINITIONS
« Beneficiary » the natural person who holds the gift card.
« Card » the gift card issued and distributed on the Site by the Company.
« Customer » the Internet user browsing the Site and making an online purchase of Product(s) for personal use.
« Customer Account » the account created by the Customer and accessible from his/her Login Identifiers.
«General Conditions » the general conditions of sale of Products and use of the Site.
« Content » the content made available by the Company, accessible via the Site and which includes in particular data, databases, source codes, offers, texts, videos, photos, soundtracks, logos or design.
«Contract » means the contractual relationship between the Customer and the Company including the General Terms and Conditions and the special conditions relating to the order.
« Personal Data » any information relating to an identified or identifiable natural person. An “identifiable natural person” is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or one or more elements specific to his or her identity.
« Identifiers » the name or pseudonym used by the Customer as well as his password to log in to his Customer Account.
« Web browser » a web browser that allows access to the Site. This includes Google Chrome, Safari, Mozilla Firefox or Internet Explorer.
« Party(s) » alternatively or collectively the Company and / or the Customer.
« Product(s) » the play mat(s) for babies and toddlers 100% made in France marketed by the Company on the Site.
«Services » all the functions made available to the Customer by using the Site.
« Site » the Company's e-commerce website, accessible at www.tapilou.com.
.« Terminal » means the smartphone, tablet or any other equipment having an operating system compatible with the Site and from which the Customer accesses the Content and Services.
4 USE OF THE SITE
The Site is accessible from a Web browser at the following URL : www.tapilou.com.
The Customer's Terminal must be equipped with a compatible operating system such as Windows / Android or macOS / iOS. In addition, the Customer's Terminal must be equipped with an up-to-date version of said operating system in order to guarantee optimal functioning of the Site.
4.2 Pre-registration for a Customer Account
Placing an order requires the creation of a Customer Account.
The Customer must log in using his Identifiers, previously entered via the “My Account” tab.
For a first order, the Customer must follow an account creation procedure and complete the information requested on the Site, i.e. their surname, first name, email address and password.
Once the aforementioned elements have been completed, an email confirming the creation of the account is sent to the Customer.
All Customers are responsible for the confidentiality and security of their codes. In the event of loss or forgetting of his/her password, the Customer may use the “Forgotten password” help function, available on the identification portal page.
The Customer will be able to access the history of the orders placed, in the tab dedicated to this effect on his/her Customer Account.
The Services are available 24 hours a day, 7 days a week, except in the event of problems due to a malfunction of the networks, a malfunction of the tools used by the Customer, an interruption of subscriptions to the networks used by the Customer, or the need to maintain the Site.
In the latter case, the Company will ensure that maintenance operations are carried out or have them carried out at times that are unlikely to interfere with the use of the Services.
The Services are subject to network limits, but also to the version of the Customer's Terminal, the choice of their Web browser and the version of their operating system.
5 PRODUCTS
The Products offered for sale by the Company are those, which appear on the Site, on the day of consultation of the Site by the Customer, and within the limit of available stocks. The Company reserves the right to withdraw one or more Products from sale at any time.
The Company takes the greatest care in the presentation of the Products on the Site. However, the photographs illustrating the Products are only indicative and do not enter into the contractual field.
Indeed, while every effort is made to ensure that the reproductions of the Products, the photos of which are displayed on the Site, are faithful to the original products, variations (in particular slight differences in color and proportion) may occur, in particular due to the technical limitations of color rendering of computer equipment.
Consequently, the Company cannot be held responsible for errors or inaccuracies in the photographs or graphic representations of the Products presented on the Site.
The Products are offered within the limits of available stocks. The Company does not guarantee the availability of the Products presented on the Site. In the event of unavailability of one or more of the Products concerned by the order, the Customer will be informed as soon as possible by email or telephone (if he/she has been informed) of the unavailability of the Product(s) and of the cancellation of his/her order.
In the event of total cancellation of the order, due to unavailability, the Customer's order will be automatically canceled and his bank account will not be debited.
In case of partial cancellation of the order due to unavailability:
- the Customer's order will be validated and his/her bank account will be debited for the full amount of the order ;
- the Customer will be delivered the available Product(s) ;
- the Customer will then have the choice between two options :
- make a request for reimbursement for the price of the Product(s) ordered and not available as soon as possible and, at the latest, within thirty (30) days of payment of the sums paid ;
- in the event of temporary unavailability, wait for the Product(s) out of stock become available again. In this case, the Customer must pay the delivery costs.
The prices of the Products are binding. They are indicated in euros. The price is the one indicated for each Product on the Site.
These prices take into account the VAT applicable on the day of the order but do not include the delivery costs, which will be invoiced in addition and will be specified to the Customer during the final validation of the order.
The delivery cost amount will be indicated before the validation of the order by the Customer. The various delivery methods are set out below and may be modified at any time by the Company.
The price invoiced to the Customer is the price indicated and displayed on the Site when the order is confirmed.
The Company reserves the right, which the Customer accepts, to modify its prices at any time, without any other formality than to make the modifications on the Site. However, these modifications will not affect the orders that the Customer will have validated before the price changes were made, subject to the availability of the Products ordered.
7 RETENTION OF OWNERSHIP
The Products ordered remain the property of the Company until they have received full payment.
8 ORDERS
It is specified that the Products are intended for the personal use of the Customer, without any direct connection with their professional activity. To place an order on the Site, the Customer must be of legal age and have legal capacity.
The Customer must have created a Customer Account prior to any order.
The Customer places an order directly with the Company on the Site.
Following the validation of the payment by the Customer, a confirmation of the order will be sent by email to the Customer by the Company.
The order confirmation includes the summary of the Product(s) ordered, the price, transport costs and the order number.
The sale will only be considered as definitively complete after the validation of the payment by the Customer and the receipt by the Customer of the email confirming the acceptance of the order by the Company.
The validation of the payment by the Customer and the email confirming the acceptance of the order by the Company will constitute proof of the acceptance of the said order and its final validation.
From the moment the payment is validated, the order is final and cannot be modified.
In the event of a temporary shortage of stock or the marketing of a new Product not yet available, the Customer may place a pre-order on the Site under the conditions provided for in article 8.1 and subject to the conditions of the last paragraph of the article 5.2 hereof.
Once the Product s) is (are) available, the Customer will be delivered in accordance with the provisions of article 11 hereof.
9 PAYMENT
Unless the server is unavailable, the Customer will pay for his order after final validation on the Site, by Credit Card (Carte Bleue, Visa, Mastercard and American Express), with the possibility of payment in three installments free of charge (Alma ), by PayPal or by means of his/her gift card.
Payment is made via a secure payment server and operator. This implies that no banking information concerning the Customer passes through the Site. Payment by credit card is therefore completely secure.
The credit card is debited at the time of validation of the order by the Customer.
The Customer guarantees the Company that he/she has the necessary authorisation to use the payment method chosen at the time of validation of the order. In case of refusal by the bank, the order will be automatically canceled.
Purchase invoices are sent by email to the address indicated by the Customer when registering the order on the Site and also available on the Customer Account.
10 GIFT CARD
These provisions govern the conditions of use of the gift card (hereinafter referred to as the “ Card ”) issued and distributed by the Company.
The Card can only be purchased on the Site.
The Card is valid for 12 (twelve) months from the date of activation.
The Card is activated upon validation of the order by the Customer.
At the end of the validity period, the Card can no longer be used. The remaining balance on the Card will then be lost. The Card will not be renewed or exchanged.
The Card can only be used by a natural person of legal age and cannot under any circumstances be the subject of a request for reimbursement by the Customer or by the Beneficiary.
The Card is not a credit card. It can be used as a means of payment, in one or more installments, during its period of validity, only to pay for an order placed on the Site and within the limit of its balance.
If the balance on the Card is not sufficient to cover the amount of the order, the Beneficiary can supplement it by another means of payment.
10.5 Loss and theft of the Card
The Customer is responsible for the Card purchased.
No refund will be made in the event of theft or loss.
The transactions recorded by the Company's computer systems constitute proof of the transactions actually carried out using the Card.
In the event of a dispute over the balance of the Card following its use, the Beneficiary may submit a complaint to the Company's Customer Service by post to the following address : 58, montée de Saint-Menet, Résidence les Jardins d’Hellènes V5, 13011 Marseille – France, via the contact form available on the Site or by email at contact@tapilou.com.
11 DELIVERY
The Products ordered by the Customer will be delivered to the address indicated by the Customer as the delivery address when ordering.
The Products are dispatched within 48 hours (working days) when they are in stock.
The delivery time and cost depend on the delivery method chosen by the Customer when ordering.
The delivery time starts to run as soon as the order confirmation email is sent.
For any delivery, the Products are delivered by GLS or RELAIS-COLIS and the amount for the delivery costs are calculated as follows:
Delivery in mainland France :
|
RELAY PACKAGE< /p> STANDARD< /p> |
3-5 days Five (5) Euros including VAT, on the date of drafting of these General Conditions. |
|
GLS EXPRESS 24h to 48h days
|
Eight (8) Euros including VAT, on the date of writing of these General Conditions. |
|
GLS EU STANDARD (with the understanding that the list of countries concerned is limited) |
Varies by country Fifteen (15) Euros including VAT on the date of drafting of these General Conditions |
For Corsica, delivery times are extended by 1 to 2 days on average.
In the event of delivery to a relay point or to a post office, the Company excludes all liability in the event that the Customer does not collect the package within the time limit. In this case, the package will be returned by the carrier at the expense of the Company. As a result, the additional delivery costs for a second shipment will be paid for by the Customer.
The delivery time indications from the carriers are expressed in working days and are provided for the Customer as an indication.
12 RECEIPT OF PRODUCT(S)
The Customer, upon delivery of the Product(s), is responsible to check the conformity and condition of the packaging of the Product(s).< :p>
In the event of an anomaly concerning the delivery, in particular of damage or partial loss of the Product(s) (items missing from the Company's invoice, late delivery, etc.), the Customer contact the company via the contact form available on the Site or by telephone at the following number: 07.49.10.01.95 within a maximum period of fourteen (14) days upon receipt of the Products.
In the event of a missing Product, if it is found before the delivery date indicated, the Product may be re-routed to the delivery location designated in the order confirmation email.
If the order or the missing Product has not been delivered after the delivery date indicated, for any reason other than a case of force majeure, the Customer must immediately inform the Company of the delay in delivery and ask them to rectify the situation by requesting the return or refund of the Product.
13 RIGHT OF WITHDRAWAL AND RETURN OF PRODUCTS
In accordance with the provisions of Article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) days, from receipt of the Products ordered on the Site, to notify the Company of his/her wish to exercise the right of withdrawal.
This right of withdrawal cannot be exercised for Product(s) damaged or damaged after opening and / or unsealing and / or used(s) after delivery.
The Product(s) must be returned in the original packaging and be suitable for resale in new condition.
To do so, the Customer must enclose the withdrawal slip, a copy of which is attached with the package.
All packages must be returned to the following address : 58, Montée de Saint-Menet, Résidence les Jardins d'Hellènes V5, 13011 Marseille - France.
Return costs are the responsibility of the Customer
Any risk associated with the return of the Product(s) is the responsibility of the Customer. The Company recommends that its Customers subscribe to a package tracking option in order to avoid any inconvenience in the event of loss or theft of the Product(s) during return transportation.
If the aforementioned conditions are met, the Company will reimburse the Customer, by the same means of payment as that initially used, all the sums incurred when ordering the Product(s) returned, within a maximum period of fourteen (14) days from the most recent of the following dates:
- either on the day on which the Company receives the returned Product (s) ;
- either from the day on which the Customer provides proof of shipment of the goods for which he has exercised his/ her right of withdrawal, whichever comes first.
Furthermore, in the event that the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Company, the additional costs will be taken by the Customer.
In the event of partial return of the Products, only the price of the returned Product(s) will be reimbursed by the Company and not the delivery costs, to the extent that the Customer has benefited from the delivery service for the items. kept and that the delivery rates do not change according to the volume ordered.
14 GUARANTEES
The Customer guarantees not to damage the image of the Company in any way through inappropriate use of the Product s).
The Customer guarantees to use the Product(s) in accordance with its (their) respective purpose.
By creating an account, in accordance with Article 4.2 of the General Terms and Conditions, the Customer guarantees to provide accurate and up-to-date information concerning his/her identity and contact details.
14.2.1 the Company guarantees that the Products sold on the Site comply with the regulations in force in France and in the European Union and in particular with Directive 2009/48 / EC of the European Parliament and of the Council of June 18, 2009 relating to the safety of toys.
The Products are guaranteed to be free from harmful substances by the Oeko -Tex label [1].
The Products supplied by the Company are without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions :
- the legal guarantee of conformity for products apparently defective, spoiled or damaged or not corresponding to the order ;
- the legal guarantee against hidden defects resulting from faulty material, design or manufacturing affecting the delivered products and making them unfit for use.
14.2.2 the Company guarantees to hold all the rights, in particular intellectual property rights, over the Products. As such, it guarantees the Customer against any recourse from third parties and it will compensate the Customer for all the costs incurred in order to ensure their defense and will compensate them in full for all the sums required in the event of a conviction or settlement.
14.2.3 the Company guarantees that access to the Site in accordance with article 4.1 of the General Terms and Conditions is free of any virus, Trojan horse or any other element likely to damage the Customer's Terminal.
The Company declines all guarantees in the following cases :
- use of the Product(s) by the Customer not in accordance with its (their) intended purpose and instructions for use;
- voluntary damage to the integrity of the Product(s) by the customer/
Furthermore, the Company does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error.
15 RESPONSIBILITY
15.1 Subject to the provisions below, the Company can only be held liable in the event of fault on its part resulting in direct and proven damage to the Customer, provided that the Customer demonstrates a direct causal link.
The Company cannot in any way be held liable for any indirect damage suffered by the Customer such as, but not limited to, loss of data, loss of profits or any disturbance whatsoever.
The Company can no longer be held liable by the Customer if the Customer finds at least part of the origin of the damage in the total or partial non-performance of their obligations resulting from these General Conditions.
15.2 the Company is only bound by an obligation of means. The Customer remains the sole judge of the appropriateness and suitability of his/her needs and consumption of the Products ordered.
La The Company cannot be held liable for use of the Products not in accordance with their intended use in their instructions for use.
As delivery times are provided for information only, the Company can no longer be held liable in the event of late delivery of the Product(s) ordered.
15.3 It is recalled that the Customer, prior placing an order, declares to have full legal capacity to commit to these General Conditions.
The Company can under no circumstances be required to verify the legal capacity of visitors to the Site and of its Customers.
Consequently, if a person who does not have legal capacity orders Products on the Site, his/her legal guardians will assume full responsibility for the order and must honor the price thereof.
15.4 The Customer acknowledges that they are aware of all the technical prerequisites necessary for the proper functioning of the Site, and can in no way hold the Company liable for any malfunction of the Site.
The Company is subject to the limits and characteristics of telecommunications networks and services, and therefore cannot be held responsible for any malfunctions or interruptions of Site Services related to the coverage of the Internet network or mobile telephone networks, regardless of the duration or for any reason whatsoever. However, the Company undertakes to use its best efforts to try to resolve these difficulties as soon as possible.
The Company can no longer be held liable in the event of loss, alteration or fraudulent access to the Customer's personal data, accidental transmission, viruses or other harmful elements, resulting from access to the Internet or electronic mail transmissions.
In any event, the Company's liability is limited to the replacement or reimbursement of the Product s) that are non-compliant or defective.
16 INTELLECTUAL PROPERTY
16.1 Rights attached to the Site
The Company and SHOPIFY are the exclusive owners of the Site and its Content.
The Site and its Content are protected by copyright, trademark law, database producers or any other intellectual property right recognized by the legislation in force.
Consequently, any copy, imitation, reproduction, representation, adaptation, alteration, modification, distribution, in whole or in part, of the Content of the Site, without prior authorisation, is prohibited and may lead to legal proceedings.
The Customer is under no circumstances authorised to assign, transmit, lend, rent, distribute the Site to a third party, or make it available to a third party in any way, whether free of charge or against payment.< :p>
Likewise, within the limits permitted by law and subject to any other provision contained in these General Conditions, the Customer may not, under any circumstances and under any pretext whatsoever, modify, adapt, alter, rework, transform, translate all or part of the Site, copy, reproduce, duplicate the Site for purposes other than that of use for its own needs, create derivative works from the Site or its Content.
Thus, the Customer is expressly prohibited from using techniques allowing access to the source code or bypassing the security systems of the Site.
16.2 Rights attached to the Products
The intellectual property rights attached to the Products sold on the Site are and remain the exclusive property of the Company. All exploitation rights are exclusively reserved to the Company.
Under these conditions, no one is authorised to reproduce, exploit, distribute or use for any purpose whatsoever, even partially, the intellectual property rights, without the prior written consent of the Company.
The TAPILOU brand is a registered trademark. Any reproduction therefore constitutes an infringement.
In any event, the General Conditions can in no way confer any right over any distinctive sign held by the Company.
17 CONFIDENTIALITY
Confidential information of any kind transmitted by one Party will be identified as such when communicated to the other Party. The latter is not to disclose them to third parties and to communicate them only to the strict members of its staff who need to be aware of them, and to grant them the same level of care and protection as they grant their own confidential information.
This confidentiality obligation applies throughout the duration of these General Conditions and for five (5) years following their term for any reason whatsoever.
18 PERSONAL DATA
For the purposes of the relationship between the Parties, by virtue hereof, the Company is required to collect and process Personal Data from Customers in accordance with law n ° 78-17 of 6 January 1978 and the regulations of the European Union n ° 2016/679 of April 27, 2016 (hereinafter referred to as the “ GDPR ”).
The conditions of collection and processing are defined in the Privacy and Personal Data Protection Policy, which can be consulted at any time from the Site.
In application of the GDPR, the Customer may, at any time, exercise his/her rights of access, rectification, limitation, deletion or objection to the processing of personal data concerning him/her.
Likewise, the Customer has a right to the portability of his data, which must be returned to him in a structured, commonly used and machine-readable format.
The Customer also has the right to appeal to the CNIL in the event of non-compliance with the legislative and regulatory provisions relating to the protection of Personal Data.
This information is included and supported in the aforementioned Privacy and Personal Data Protection Policy.
19 FORCE MAJEURE
Any non-performance, partial or defective performance by one of the Parties of its obligations under the Contract resulting from a case of force majeure, within the meaning of article 1218 of the Civil Code, does not constitute a violation of the obligations of the Contract of the part of this Party and cannot engage its responsibility.
The occurrence of a case of force majeure results in the automatic termination of the Contract.
20 MISCELLANEOUS PROVISIONS
20.1 If one or more stipulations of the General Terms and Conditions are held to be invalid or declared as such in application of a treaty, a law or a regulation, or following a final decision of a competent court, the other stipulations will retain all their power and scope.
20.2 No action, delay in acting or any other conduct, passive or active, on the part of either Party shall be deemed to constitute a waiver by that Party of any of the rights and claims of which it is a creditor by virtue of the General Conditions, unless this waiver is put forward in writing, signed by a duly authorised representative.
20.3 The General Conditions cannot, in any way, create a legal relationship outside the purpose for which they are accepted, nor shall they establish the conclusion of one or more other agreements between the Parties.
21 LANGUAGE - APPLICABLE LAW – DISPUTES
The Contract is governed and interpreted in accordance with the laws and regulations of France.
In the event of a dispute concerning the validity, formation, performance or interpretation of the Contract, the Parties will attempt to resolve their dispute amicably.
If an amicable settlement of the dispute has not been reached within one (1) month, the French courts will have sole jurisdiction. However, and in accordance with Article 6 §2 of the Rome I Regulation, Internet users residing within the European Union may benefit from more protective and mandatory provisions of their national law.
APPENDIX 1: MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the Contract. We advise you to also specify your order number).
Attention TAPILOU - 58, Montée de Saint-Menet, Résidence les Jardins d'Hellènes V5, 13011 Marseille - France.
Mail: [to be completed]
I notify you of my withdrawal from the Contract relating to the sale of the Product(s) below:
Product(s) reference [to be completed]
Ordered on [to be completed] (date of order) and / or received on [to be completed] (date of delivery)
Customer’s name: [to be completed]
Customer's address: [to be completed]
Customer Signature (only if this form is notified on paper)
Date: [to be completed]
For more information, please contact the customer service department at [to be completed] or by phone at [to be completed]
[1] The standard Oeko Tex 100 guarantees that the product has been tested for around 100 chemicals such as pesticides, carcinogenic dyes and heavy metals.