TERMS AND CONDITIONS
Article 1. Identification of the seller
These General Terms and Conditions of Sale are those of the company called “TOMÈTE”, a simplified joint-stock company, with a share capital of €1,000, whose registered office is located in PARIS (75001) 320 rue Saint-Honoré, and registered in the register of commerce and companies of PARIS under number 919735654. Its Siret number is 91973565400015 and its intra-community VAT number is FR70919735654.
Article 2. Scope and acceptance of the general conditions of sale
The purchase of products offered on the website www.tometestore.com (hereinafter the “ Site ”) is subject to these general conditions of sale of the Site (hereinafter the “General Conditions of Sale”).
TOMÈTE products are intended exclusively for sale to end consumers who are natural or legal persons, excluding any resellers or intermediaries acting on behalf of resellers. Consequently, the Customer affirms that he acts as an end consumer and that he does not intend to resell TOMÈTE products for commercial purposes.
Any order on the Site implies full acceptance of the General Conditions of Sale by the customer who makes a purchase there (the " Customer ").
TOMÈTE may update these General Conditions of Sale at any time. You can read the version of the General Terms and Conditions of Sale in force on the Site at any time.
The General Conditions of Sale in force at the time of the conclusion of the sales contract are those which are binding on you.
In addition, with each purchase of products on the Site, it is implied that you accept these General Conditions of Sale in force on the date of placing your order. These general conditions can be viewed before the order.
Article 3. Terms of Order
The Site allows you to order from TOMÈTE a selection of TOMÈTE brand products (hereinafter the “ Product(s) ”), immediately online via the Internet for Delivery in France and abroad (see Article 8 "Terms of Delivery").
The Site does not allow you to place special orders which consist in particular in the creation of a product that does not exist or no longer exists in the TOMÈTE collection or in the adaptation of a product from the TOMÈTE collections and in the manufacture of the latter. by TOMETE. These General Terms and Conditions of Sale therefore do not apply to special orders.
Article 4. Availability of Products
Our Product offers and prices are valid as long as they are visible on the Site, within the limits of available stocks. Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders for the same Product by several Customers. In the event of unavailability of a Product after placing your order, we will inform you by email or telephone as soon as possible, offering you either to order another Product presented on the Site as a replacement, or to cancel your order.
TOMÈTE does not incur any liability in the event of out of stock or unavailability of Products for orders not yet accepted by TOMÈTE.
TOMÈTE reserves the right to change the Products offered on the Site at any time and without notice. In order to ensure a better quality of service and availability of our Products for all Customers of the Site, TOMÈTE reserves the right to limit the quantity of Products that can be purchased by a Customer, in accordance with the provisions applicable in this regard.
Article 5. Order procedure
5.1. Product Selection
At any time, you can add Products to your selection by clicking on "Add to Cart", and choose to finish shopping or continue browsing.
You can consult your selection by clicking on "My Basket" in the menu at the top right where will appear: the photo(s) of the Product(s), its colors and reference(s), the ) quantity(ies) selected, its (their) unit price(s) and the subtotal of the selection.
You will also be able to choose the country of Delivery and the method of Delivery that you prefer, which will calculate the amount of the Delivery costs and therefore the total amount that you will pay. However, the area and delivery costs may be modified in the next step if you wish, the total amount will be updated accordingly according to your choices.
After selecting the Product(s), click on "Pay" to start the ordering process.
You will be prompted to fill in your email address.
The data recorded by the Site constitutes proof of all transactions between TOMÈTE and its Customers. In the event of a dispute between TOMÈTE and one of its Customers over a transaction carried out on the Site, the data recorded by TOMÈTE is considered valid proof of the content of the transaction.
5.3. Confirmation of the order
5.3.1. Delivery mode and shipping method validation
You must, on the one hand, validate your Delivery method and, on the other hand, complete the Delivery information necessary for the correct dispatch of your order: country of dispatch, title, first name, surname, telephone and Delivery address .
Once this step is complete, click "Continue to Shipping".
Then, you will have to choose the desired shipping method: standard home delivery, express home delivery, standard relay point delivery or express relay point delivery.
Once this step is completed, click on “Continue to payment”.
5.3.2. Validation of the means of payment and payment of the order
The Customer is invited to select a payment method and enter the relevant information.
You can use your Delivery address as your billing address or enter another one.
Once this step is complete, click on “Check my Order”.
Being reminded here that once the Customer validates his order, he accepts all of these General Conditions of Sale of the Site.
At the end of the ordering process described above and after having accepted all of these General Conditions of Sale of the Site, click on the "Pay now" button. The sales contract will then be definitively formed.
You must carefully check the accuracy of your selection before confirming your order. While every effort is made to ensure that the color and pattern of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, in particular due to the technical limitations of color rendering on your computer equipment. Consequently, the company TOMÈTE cannot be held responsible for errors or non-substantial inaccuracies in the photographs or graphic representations of the Products appearing on the Site. If you have any questions about the Products, you can of course contact us at email@example.com .
For more information on payment terms (currency, accepted payment methods, etc.), please refer to the following Article “Article 6. Price – Accepted Payment Methods”.
Once completed, your order is sent to TOMÈTE for processing.
TOMÈTE reserves the right not to accept an order from a Customer with whom it is in dispute for a previous order, or if TOMÈTE reasonably believes that this Customer has breached these General Conditions or that he has engaged in a fraudulent activity, or for any other legitimate reason.
5.3.3. Order confirmation
A summary of your order will then be sent to you by email. The acknowledgment of receipt will include the total amount of the order, information relating to the cost and delivery time, the essential characteristics, the quantity and the price of the Products purchased.
The Customer formally accepts the use of e-mail for confirmation by TOMÈTE of the content of the order.
We advise you to keep this acknowledgment of receipt on paper or electronically.
Pursuant to Article L. 134-2 of the Consumer Code, when an order is for an amount equal to or greater than 120 Euros, TOMÈTE retains the writing which establishes the contract concluded between TOMÈTE and a Customer by electronic means. for a period running from the conclusion of the contract until the date of Delivery of the goods and for a period of ten years from this date (in accordance with decree 2005-137 of February 16, 2005). You then have access to this document at any time, upon request made to Customer Service by sending us an email at firstname.lastname@example.org ; and proof of your identity.
Article 6. Price – Means of Payment accepted
The prices of the Products are indicated in Euros, all taxes included. Apart from the cases of reimbursement made (i) within the framework of the exercise of the right of withdrawal or for (ii) lack of conformity and hidden defects, TOMÈTE will not reimburse the VAT applied to purchases made on the Site (even in the case where the buyer, after receipt, reships the Products to a country outside the European Union).
Regarding sales made outside the European Union, customs clearance, payment of various duties or taxes are the sole responsibility of the Customer.
TOMÈTE reserves the right to modify the prices of the Products offered on the Site at any time and without notice. The Products are invoiced on the basis of the prices displayed on the Site at the time of placing your order, subject to the availability of the Products ordered at that time.
All orders are payable in Euros and must be paid immediately when placing your order. In the event of the unavailability of certain Products ordered (see Article 4. Availability of Products” above), only the price and transport costs relating to the available Products will be debited.
6.2. Means of payment accepted
The means of payment accepted are the means of payment offered by the “Shopify Payment” solution in France, namely to date: Visa, Mastercard and bank card.
In accordance with the provisions of Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.
Any order made on the Site implies the guarantee on the part of the Customer that he has all the necessary authorizations to use the means of payment made available on the Site.
The dispatch of your order takes place only after verification of your method of payment and receipt of the authorization to debit your card.
Your account will be debited when your order is shipped.
TOMÈTE does not keep the bank details of its Customers.
Article 7. Retention of Title
The Products ordered remain the property of TOMÈTE until full payment has been received by TOMÈTE.
On the other hand, you assume the risks (in particular of loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated during the order.
Article 8. Terms of Delivery
8.1. Delivery zone
Delivery means the physical delivery of the Product to the Customer (hereinafter the “ Delivery ”).
Products purchased on the Site can be delivered in France and abroad.
For reasons, in particular security, TOMÈTE SAS will not process any order for which a hotel, a post office box or a Cedex address is provided.
The Products are shipped to the Delivery address that you indicated during the ordering process.
In the event of an error in the wording of the Customer's contact details, TOMÈTE cannot be held responsible for the impossibility of delivering the Product(s) ordered.
8.2. Transportation costs
When entering the order on the Site, the Customer must choose the Delivery method and the place of Delivery.
The amount of the delivery costs is calculated according to the destination as well as the delivery method chosen.
8.3. Delivery delay
For any order placed on the Site, TOMÈTE undertakes to prepare and ship the Customer's order within 24 to 72 hours (excluding weekends). This period only runs from the validation of your order by our Customer Service and is given for information only and cannot be respected in the following cases:
- Exceptional peak in activity (first day of sales, launch of collections, etc.);
- Public holiday in France;
- Failure to receive payment from the Customer on time;
- Anti-fraud verification procedure on the Customer's order.
The shipments are then taken care of by a transport service provider who provides transport to the delivery address indicated by the Customer, or the parcel relay selected by the Customer.
The delivery times indicated on our site have been communicated to us by the transport providers and are purely indicative. Exceeding these deadlines can in no way be held against TOMÈTE, nor give rise to a termination of the contract or to any compensation for damages.
In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).
Transport risks are the responsibility of the Customer from the time they leave the warehouse.
When TOMÈTE takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
TOMÈTE cannot be held responsible for delays in delivery that are not its fault or justified by a case of force majeure (as defined below).
TOMÈTE also reserves the right to split Deliveries. The charge to your credit or debit card will be split in the same way to correspond to the price of the Products actually delivered. The transport costs will only be invoiced for a single shipment and in accordance with the indications appearing in your order summary.
If you have any questions, contact our Customer Service by emailing us at email@example.com .
Article 9. Delivery Problems
You must check the conformity of the Products at the time of Delivery and indicate, in the form of handwritten reservations accompanied by your signature, any anomalies observed (open package, damaged product, etc.). The Customer must then immediately report to TOMÈTE any anomaly if necessary.
In case of deterioration of the product, the customer must:
- Refuse the package which will then be returned directly to the sender
- Issue reservations upon receipt of the damaged package
- Make a claim on the carrier's website
Without reservation on the part of the recipient, the carrier is not required to compensate.
The recipient's complaint will enrich the complaint made by our services.
To make a complaint, contact us within 48 hours of Delivery at the following address: firstname.lastname@example.org indicating:
- Recipient's name
- Parcel tracking number
- Product designation
- Photos of the damaged package with the postage clearly visible
- Photo of the inside of the package
- Photo of the damaged product
In the event of non-compliance of the Products purchased or if they do not give you satisfaction, you can return them and request a refund under the conditions provided for in Article “10. Right of withdrawal – returns and refunds”.
Article 10. Right of withdrawal – returns and refunds
10.1. Right and period of withdrawal
You have a legal right of withdrawal which you can exercise under the conditions provided for by articles L. 121-21, L. 121-21-1 and L. 121-21-2 of the Consumer Code, if you fulfill the conditions laid down by these provisions, without having to justify reasons and without having to pay penalties.
The general return policy (for any refund request) of TOMÈTE allows you to withdraw within fourteen (14) days from the date of Delivery of the Products, without having to justify reasons and without having to pay penalty. After this period, you will no longer be able to exercise your right of withdrawal.
The postmark or the date of the receipt of availability constitutes the start date of this period.
10.2. Modalities for exercising the right of withdrawal
We offer you the opportunity to complete and send your declaration of withdrawal by sending us an email at email@example.com . You will then receive a confirmation of your withdrawal by email.
You can also, before the expiry of the withdrawal period of fourteen (14) days mentioned above, send any other unambiguous declaration expressing your wish to withdraw to the following address: TOMÈTE SAS, 320 rue Saint Honoré -75020 PARIS.
10.3. Consequence of the right of withdrawal
As part of the exercise of the right of withdrawal or in the event of non-compliance of the Product, you can return the product(s) purchased by requesting reimbursement under the conditions described in Article 11 above. -below.
Article 11. Terms of return and refund
11.1. Return procedure
As part of the exercise of the right of withdrawal, the Products must be returned in their original packaging, in their original condition, new, unused, unwashed.
The return of a Product, in the event of a request for reimbursement, is your responsibility whether the place of Delivery is in Metropolitan France or outside Metropolitan France, and is done at your risk.
To do this, you must send an email to firstname.lastname@example.org indicating the reasons for which you wish to make a return.
For customers based in mainland France: You will receive within a maximum of one week by email a prepaid label to return your package. Note that a €10 fee for the prepaid label and processing of your return will be deducted from your refund.
For customers outside mainland France: we will give you all the details to be able to return your product. You can return the order with the carrier of your choice. The return will be at your expense. Any proof of the return shipment must be retained until the refund is processed.
Products returned incomplete, spoiled, damaged, used or soiled will not be refunded.
In the event of a request for reimbursement, the latter will take place within a maximum period of thirty (30) days from receipt of the Product(s) by TOMÈTE. Once the Products have been received, checked and accepted by our services, the reimbursement, not including the Delivery costs of the initial order, will be made using the same method of payment used when ordering.
Please note, however, that an additional delay may be applied by your bank when refunding.
11.3. Gifts ordered from the Site
Insofar as only the bank account of the person who ordered the product can be recredited, only this person can request reimbursement via the return procedure with the Site. The Customer who purchased the gift must then follow the return procedure provided for in Article 11.1.
Article 12. Legal guarantees
The Products sold by TOMÈTE are subject to the conditions of legal guarantees provided for by articles L. 211-4 to L. 211-13 of the Consumer Code as well as by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:
12.1. Legal guarantee of conformity
TOMÈTE will deliver a Product to you which is in conformity with the contract and free from defects of conformity when the said Product is delivered, in the sense that the Product will be specific to the use usually expected of a similar good and that it will present the characteristics presented during the sale. TOMÈTE is also liable for defects in conformity resulting from the packaging.
TOMÈTE may replace the non-compliant Product. If the replacement is impossible within one (1) month following the complaint or, if you request it in a duly substantiated manner, you can request a refund of the price of the Product.
This guarantee will only come into play on the condition that you request it within two years of delivery of the goods. Conformity defects that appear within twenty-four (24) months of Delivery are presumed to exist at the time of Delivery, unless proven otherwise.
12.2. Legal warranty against hidden defects
TOMÈTE will provide you with a Product free of hidden defects which would make it unsuitable for the use for which it was intended, or which would reduce this use so much that you would not have acquired it, or would only have paid a lower price for it, if you had known them. This guarantee will only come into play on the condition that you make the request within two (2) years from the discovery of the defect.
In the event of a hidden defect, you will have the choice of returning the Product and having the price and costs incurred by the sale returned to you or keeping the Product and having part of the price returned to you. In any case, it will be up to you to prove that you fulfill the conditions of the guarantee.
In the event of a lack of conformity and hidden defects, you must return the Products to us at the following address: TOMÈTE SAS, 320 rue Saint-Honoré 75020 Paris.
12.3. force majeure
In the event of the occurrence of an event of force majeure preventing the execution of these General Conditions of Sale, TOMÈTE shall inform the Customer thereof within fourteen (14) days of the occurrence of this event, by email or by letter. registered with acknowledgment of receipt.
Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disturbance, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal modifications or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of TOMÈTE or the Customer without compensation on either side.
Failure to pay by the Customer cannot be justified by a case of force majeure.
Article 13. Limitation of liability
Under no circumstances may TOMÈTE be held liable for any damage that does not result from a breach by TOMÈTE of one of its obligations.
Article 14. Miscellaneous provisions
If one or more stipulations of these General Conditions of Sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their strength and scope.
No tolerance, inaction or inertia on the part of TOMÈTE may be interpreted as a waiver of its rights under the General Terms and Conditions of Sale.
Article 15. Applicable law - Disputes
These General Conditions of Sale are governed and interpreted in accordance with French law. However, in accordance with EC Regulation 593/2008 of June 17, 2008, these General Terms and Conditions of Sale do not prevent TOMÈTE from complying with a provision that is more favorable to the Customer and which cannot be derogated from by agreement, under the law where the Customer has his habitual residence.
In the event of a dispute related to the execution of an order, you have the possibility of resorting to a conventional mediation procedure or to any other procedure for alternative dispute resolution.
These General Conditions of Sale are written in French. Notwithstanding the foregoing, in the event of a dispute, in accordance with Regulation No. 44/2001 of December 22, 2000:
- you will be able to seize either the court of the place where you are domiciled, or the French courts,
- TOMÈTE may enter the court of the place where you are domiciled.
In the event of discrepancies between the French version and the English version of the General Conditions of Sale, the French version will prevail.