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GENERAL CONDITIONS OF SALE
INTRODUCTION
The hereby « general conditions of sale » are established between TATWIN COMPANY registered at the RCS Versailles
Siret; 494 384 860 00016
Registered Offices: 3 allée Pasteur
78330 FONTENAY LE FLEURY
hereafter named « TATWIN » and the persons wishing to purchase goods via Internet from TATWIN http://www.okawaclothing.com, hereafter named “the customers”.
The shipping of parcels will only be possible in France, DOM, TOM, Belgium, Germany, Luxemburg, Switzerland, Mexico and Monaco.
These conditions only concern non trading persons.
The two parties agree that their relationship will be exclusively ruled by the present agreement.
If one condition should fail, it would be considered as being ruled by the local laws in force on Internet Commerce.
DEFINITIONS
The following words and phrases will have the following meaning:
Internet Shop: indicates the TATWIN Website on which the articles are shown and sold to the customers.
Order: means the bill of sale concluded between the customer and the TATWIN Internet shop.
Article Index Card: indicates the information on articles provided by TATWIN for sale in its Internet shop.
Articles: All the goods and services put up for sale by TATWIN in its Internet shop.
Service: Sale of articles produced by TATWIN for its Internet shop customers.
Transaction: means all the deals, secured processing, licences and agreements involved in the payment by credit card for the ordered articles.
ARTICLE 1 OBJECT
The hereby conditions of sale establish the sales terms between TATWIN and its customers from orders being placed through to services being rendered, including payment and delivery.
These general conditions of sale will prevail over any other conditions appearing in any other document, except in the case of a written derogation previously agreed.
ARTICLE 2 TERMS APPROVAL
When ordering, the customer acknowledges being aware of the general conditions of sale and expressly declares that he accepts them unreservedly.
The hereby general conditions of sale are the rules for the contractual relationship between TATWIN and its customer, both parties accepting them unreservedly.
ARTICLE 3 ARTICLES
Most of the articles proposed by TATWIN to its customer are available straightaway. However, all articles commercialized by TATWIN may or may not necessarily be sold via Internet.
ARTICLE 4 ORDERS
Automatic order processing systems are considered as secured proof of the nature, content and date of the order.
TATWIN will send a message to the email address given by the customer to confirm the order. The sale will only be concluded when the so-called order confirmation has been sent.
TATWIN is entitled to refuse or cancel any order in the case of a customer being insolvent or of any payment problem for the said order or previous delivery or order.
The references given by the customer when ordering will represent a commitment. In no case can TATWIN be held responsible for mistakes made by the customer in the wording of information about the order consignee ( delivery address, bill of sale address) nor for delivery delays or impossible deliveries due to those errors.
Any order represents the acceptance of the prices and description of the articles available for sale.
Any contestation on this point will be dealt with by a possible exchange and the guarantees mentionned below.
The TATWIN Company undertakes the delivery of orders received on Internet as long as stock is available. TATWIN will inform the customer if articles are not available.
ARTICLE 5 DELIVERY
After an order has been confirmed and correct payment received for the ordered goods, TATWIN will be responsible for sending the ordered articles to the delivery address within 48 to 72 hours on working days.
All the articles stipulated on the order placed with TATWIN are only for personal use on the part of the customers or consignees whose names are mentioned as the delivery address.
WARNING
When an article is temporarily unavailable, it may, however, be on sale. In this case, TATWIN Cie will specify the delivery date for the said article on the first page of the order when the order is placed. In the case of an order for several articles where some are not available, the whole order will be delivered at the latest date of availability.
Please do contact us for further information and questions
When payable, the customer agrees to pay on receipt all present or future taxes and fees and any other charges due as a result of the delivery of the so-called articles; TATWIN cannot be liable for these payments at all.
The customers or the consignees are not allowed to resell partially or totally any of the articles.
Deliveries will be made by post using the National Mail Service.
The delivery lead-time starts from when the parcel is left at the Post Office.
This service costs 4 euros for Metropolitan for a purchase up to 120 euros, above this amount, delivery is free of charge.
For other destinations, (see Introduction),the shipping is done by registered international post; the cost is 12euros.
Delivery delays due to the carrier do not enable the customer to claim damages.
The ordered articles are sent at the customer’s own risk.
When receiving and signing for the ordered articles, the customer or the consignee has to check that the delivered goods are in a good working state.
In the case of one or several articles being missing or damaged, the customer or the consignee must inform the carrier at delivery time.
In the case of visible defaults, the customer is allowed to send the articles back according to the agreed conditions.
Only the following events, that can be considered as cases of absolute necessity may prevent the carrier from delivering: war, riots, fire, strike, accidents and impossibility to be supplied.
For reasons of availability of the ordered articles, an order could be delivered in several successive deliveries to the customer. If a customer wants the ordered articles to be delivered to two different addresses, he will have to make two separate orders.
SERVICES
ARTICLE 6 PRICES
The prices on the Article Index Card are expressed in euros, including taxes. They take into account the VAT applicable on the day of the order. These prices are exclusive of shipping costs( packing, postage...).
If one or several taxes or contributions, in particularly concerning the environment, are created or modified, involving an increase or a decrease, this change could have an effect on the price of the article sold on the TATWIN site.
The price shown on the order confirmation is the final price with all taxes and VAT included. The price includes the price of the articles, the costs of handling, packing and preserving, shipping costs and setting.
ARTICLE 7 PAYMENT
The price the customer has to pay is the price indicated on the bill of sale sent by TATWIN.
The articles have to be paid cash, choosing one of the different means proposed on the day of the order.
ARTICLE 8 CLAIMS
All articles can be exchanged or refunded except if the contrary has been stipulated on certain products.
From the day of receipt of the parcel, the refund is due within 7 days maximum.
In the case of a claim, TATWIN undertakes to reimburse the amount paid by the customer, without an extra cost, except for the return of goods costs.
In this case, the customer will have to send the new and undamaged articles back, in their original packing including all accessories to the following address : TATWIN
3 Allée Pasteur
78330 FONTENAY LE FLEURY
The customer’s exchange request has to be made within 15 days.
For any size change, the costs will be charged to the customer. If the new order is more expensive, the customer will have to pay the remaining amount when sending the exchange request. On the contrary, if the new order is less expensive than the previous one, the customer will receive a cheque as soon as the request has been received.
ARTICLE 9 GUARANTEE
In all cases, TATWIN cannot be held responsible for not respecting the legislation in force in the country of receipt. TATWIN’s responsibility is limited only to the value of the article, as established on the date of its sale, and without any possible claim towards the trade mark or the company producing the article.
In all cases, the customer is covered by the legal guarantee on eviction and inherent defects described in clause 1625 and the following clauses in the Civil Law Act.
The user can send back faulty articles thanks to a guarantee in accordance with clauses L 211-4 and the following clauses from the Consumers Law Act.
Article L211-4 Consumer Law Act
The seller is obliged to deliver goods corresponding to the contract and is responsible for any failures which exist on delivery.
The seller is also responsible for packing defaults, for setting-up instructions or for the setting-up of goods himself when stipulated in the contract or when it has been created .
Article L211-5 Consumer Law Act
In order to correspond with the contract, the article must :
1° be adapted to the normal use of such articles or :
correspond to the description given by the seller and possess all the qualities shown to the buyer through samples or patterns.
have all the qualities a buyer can rightfully expect in comparison with the public announcements made by the seller, the producer or his agent, especially with advertising or labeling .
2° or have the features defined in a common agreement by the different parties or be especially for any special use needed by the buyer that the seller is aware of and has accepted.
The customer can contact the customer service by phone or email at the following address : aurelien.deshayes@okawaclothing.com
Reply within 48 hours
ARTICLE 10 RESPONSIBILITY
TATWIN undertakes describing the products sold with the greatest accuracy .(on the TATWIN Internet site).
Whatever the circumstances, TATWIN’s responsibility will be limited to the order’s amount and cannot be questioned for ordinary errors or omissions that may occur in spite of all the care taken in showing the articles. In case of problems in the application of this contract, the customer and TATWIN will seek to reach an amicable arrangement before taking legal action.
For the customers who are tradespeople, the Commerce Court of Justice where TATWIN has its HQ will be the only competent body, whatever the place of delivery and the accepted method of payment.
TATWIN cannot be held responsible for any disadvantages or damages due to the use of Internet, especially in the case of the service being out of order, an external intrusion or a computer virus.
ARTICLE 11 INTELLECTUAL PROPERTY
Unless benefitting from possible rights as TATWIN’s partners or any other third party, the users acknowledge that the site( including all the accessible information via the Service, especially texts, photos, pictures, sounds, data, databases and programmes that can be downloaded , including subjacent technology) is protected by the rights of intellectual property and / or other rights that TATWIN owns or is allowed to use
Users are not allowed , in any case whatsoever, to stock outside of the connexion, to reproduce, represent, modify, transmit, publish, adapt on any support or by any means it may be or exploit in any way possible the elements from the site or the site itself without TATWIN’s previous written authorization.
Users will have to respect all references to TATWIN’s intellectual property rights and other rights( or third party) on the site and not spoil them, suppress them, change them or use them without TATWIN’s previous written authorization or interfere with them otherwise.
ARTICLE 12 INTEGRALITY
If one of the clauses of the present contract should become invalid due to a change in the law, in rules or to a legal decision, this will not modify the validity or the respect of these general sales conditions in any way.
ARTICLE 13 DURATION
The hereby conditions are applicable for as long as the company TATWIN provides these services on line.
ARTICLE 14 LEGAL INFORMATION
The personal information required for Internet sales is compulsory.These pieces of information are necessary to process and deliver orders, to create invoices and guarantee contracts. The absence of such information leads to order cancellation.
According to the “Data Processing and Freedom Law”, the processing of the information linked to the customer is subject to a declaration to the National Committee for Data Processing and Freedom (CNIL).
According to clause 34 of January 6th 1978 Law, the customer has the right to acceed to change, correct and suppress data that concerns him and he may exercise this right vis à vis the Store-Factory .
Moreover, TATWIN Cie undertakes not to transmit, either free of charge or not, information about its customers to anyone else.
ARTICLE 15 APPLICABLE LAW
The hereby general sale conditions are bound by the French Law.
In case of a claim, the competent Court of Justice will be the one where TATWIN Cie has its head-quarters .
Do write to us if you cannot find the answer to your questions in these paragraphes.
Please contact us if you don't find an answer to your question in this section.
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