General Terms and Conditions of Sales

www.tikivillage.pf is a service of TIKI VILLAGE MOOREA
Head office : ____
RCS ____ (or SIRET if RCS waiver)
Tel: ____
Fax: ____
Email: ____
To see the legal information of the site ____, click here
To see the general conditions of use of the site ___, click here
It is hereby specified that the present conditions exclusively govern sales, by ____, of ____.
Where applicable (existence of a » physical » shop)
These conditions apply for all sales made from this site, excluding all other conditions, including those in effect for in-store sales.
If applicable:
The present conditions are not applicable to the products sold on ____ (quotation of the possible partners which reference offers in a space of the site or the associated services)
Warning: the law requires sellers to provide in the general conditions » information on their multidisciplinary activities and partnerships that are directly related to the service and the measures taken to avoid conflicts of interest »
These conditions are intended for a consumer who has full legal capacity. These conditions apply to all orders that you will place on this site.
We do our best to satisfy you. On this site, we present all the essential characteristics of the properties. We will be attentive to the remarks you will send us (click here to access the » contact us » section)
Tip: If you are not the manufacturer of the goods for sale on your site, you must:
mention that the characteristics presented (photos, descriptions …) come from the information given by the manufacturers
make a reference to your compliance with applicable manufacturing standards as applicable
make the customer aware of the need to check the compatibility with his product if necessary, in particular for technological products.
These general conditions are presented in French.
We also offer a French version of our site (click here to access it). A French version of the general conditions of sale is available (click here to access it)
Attention: the law requires that the offer states » the languages proposed for the conclusion of the contract ». The availability of conditions in a foreign language for a French site is therefore not an obligation.
We practice as ____ and we are not subject to any particular professional rules.
Warning: if you are submitted or if you intend to submit to specific professional or commercial rules, they must be communicable upon customer request
1 The different steps to follow for the conclusion of the online contract
1.1 Order
On the Internet : ____
You make your selection by browsing the pages of our site. Your selections are added to your cart when you click on » add this product to cart ». At any time of your navigation on our site, you can validate your order by clicking on » confirm my order ».
You can also order:
By phone at ____ (____ € TTC / min) from Metropolitan France.
From ____ to ____ from ____ to ____
At ____ from DOM TOM and abroad From ____ to ____ from ____ to ____.
By our application ____ available on ____.
1.2 Validation of the contract
When you click on » validate my order », a confirmation message appears. It summarizes all the products and options selected.
You must check in this order form all the information transmitted, including all the elements useful for delivery (delivery address, digicode, phones …)
If you do not have to modify the form, you must then read these conditions. If you accept them, you must check the box « I have read the terms and conditions of sale and I accept them without reservation ».
To continue your order, you must click on » pay my order ».
After payment on our secure server (see » payment »), an acknowledgment of receipt is displayed. It confirms the registration of your order and informs you that an electronic confirmation message will be sent to you as soon as possible.
Warning: the law requires that the offer recapitulates » the different steps to follow to conclude the contract electronically. »
Tip: If there is a risk of product availability, indicate here that you reserve the right to refuse an order for the same product from a certain quantity (specify the quantity).

Tip: This simple clause is applicable for sites that use an account creation system. The prior collection of the user’s identifiers (first name, last name, email address, bank details, etc.) facilitates the stages of conclusion of the contract.

1.3 Technical means of identification and correction of errors

You have the ability at any time to identify and correct your errors when entering your data. When you notice an error after the conclusion of the contract, you must contact us (click here to go to the » contact us » section)
Tip: If the law imposes to provide in the offer » the technical means allowing the user, before the conclusion of the contract, to identify the errors committed in the data entry and to correct them », you do not have to offer the customer the opportunity to contact you to rectify the data entered after the validation of the contract. You can validly here exonerate you of your responsibility in the event of errors of deliveries and to envisage expenses of return to the load of the customer. On the contrary, you can foresee the possibility for the customer to modify his order until his dispatch.
Archiving and access to the contract
We will archive contracts, purchase orders and invoices on a reliable and durable support.
You have a right of communication to these documents for orders of an amount greater than or equal to 120 €.
Tip: You do not have to inform the customer that you are archiving the contract. The law provides only to inform the customer, for contracts of an amount less than or equal to €120, the « modalities of this archiving by the author of the offer and conditions of access to the archived contract » ‘
Legal and contractual warranties
Legal guarantees
In accordance with the legal provisions in force relating to the conformity of the goods in the contract, in terms of hidden defects (available in appendix 1 of these conditions, click here), we will refund, repair or exchange any apparently defective product, damaged or not corresponding to your order.
We will also refund the full cost of return on presentation of receipts.
Tip: Favorable treatment is appropriate for a customer who has a hidden defect or lack of conformity. Do not hesitate to propose here a specific and privileged point of contact (like a number azur). Conversely, you can here remind to the customer its obligation to return you the products in the received state with all the elements.
Tip: it is recommended here to remind the recommendations of use in case of delivery such as the verification of the apparent condition of the products in the presence of the deliveryman. As a legal certainty, you can also define a procedure for finding a lack of conformity (written registration of reserve, information of an » anomaly report » to La Poste, retransmission within a specified time of a registered letter , define the location of retransmission …) and limit the refund on return of the product in a defined period. In this case, expressly state that your intention is not to call into question the benefit of the legal guarantees.
Contractual guarantees
Products purchased on ____ can qualify for a contractual warranty. Different contractual guarantees are offered on the product page. To subscribe to these guarantees, you must add them to your basket.
In case of problem or breakdown, you can contact us for the steps to take (click here to go to the » contact us » section)
You must keep your purchase invoice in order to benefit from your contractual guarantee.
Attention: Article L. 111-2 of the Consumer Code states that the general conditions must provide « where applicable, the existence of a warranty not required by law and the possible financial guarantee or professional liability insurance underwritten by him, the details of the insurer or the manager and the geographical coverage of the contract or the commitment »
Tip: to limit calls to your after-sales service, you can usefully specify in this clause the problems encountered not covered by the guarantees (abnormal and non-compliant use of products…)
Tip: You can ideally supplement this clause by stipulations relating to a manufacturer’s warranty if it exists on the product (s) offered for sale on your site. Do not hesitate to send the customer back to the manufacturer after sales service if the problem occurs during the manufacturer’s warranty period (generally 1 year).

Responsibility
We do our best to satisfy you. We are responsible for the good execution of the present general conditions. Nevertheless our responsibility cannot be committed because of a fortuitous event, a case of force majeure, the unforeseeable and insurmountable fact of a third party to the contract or because of the non conformity of the product with foreign legislation in case of delivery in a country other than France.
Tip: Depending on your status as a manufacturer or not and / or your contracts with your supplier / delivery person, it may be useful to include a clause on the consequences of a supplier’s out-of-stock or delay related to your delivery provider. Never envisage total exemption, you remain responsible as of right of the execution of the services with respect to the customer. To reassure him, do not hesitate to remind the cases where your limitation of liability is not applicable (legal guarantees, liability due to defective products, failure to deliver ..). Conversely, do not hesitate to remind him of some of his obligations regarding the use of the product (non-professional use obligation or duty of care).
Deadlines, fees and delivery terms
4.1 Delivery methods
We will deliver the products to the address indicated on the order form.
4.2 Delivery time
We will deliver you no later than the date indicated in the confirmation message of your order.
Attention: according to Article L. 121-20-3 of the Consumer Code, » the supplier must indicate, before the conclusion of the contract, the deadline by which he undertakes to deliver the goods ». If you do not mention a delivery date, you must deliver the product upon conclusion of the contract.
In case of delay in delivery, we will inform you by email as soon as possible and we will propose a new date.
Attention: Article L. 121-20-3 of the Consumer Code provides the option for the customer to cancel the order if delivery has not occurred within 7 days of the delivery date indicated in the contract. He loses the benefit of this right if his claim does not occur within 60 days of the original delivery date or if it was delivered before you received his letter. It may be useful to use the legal requirements if you require payment on the order. You may have to pay for the return costs if the customer has received the product after cancellation.
Tip: You can plan to group orders at a single delivery date if the customer orders multiple products at the same time and has different delivery dates.
In case of unavailability of the ordered product, we will inform you as soon as possible. We will offer you a product of equivalent quality or price.
Warning: it may be risky to include this kind of clause, especially if the product card presented it as « available » at the time of the order. It is not certain that it reassures the customer. In addition, the legal requirements of Article 121-20-3 of the Consumer Code are more restrictive. In this situation, the law requires that you refund your client the full amount paid within 30 days of payment.
Tip: It is very useful to include in this clause the ability to offer a product equivalent to your customer in case of unavailability of the product. Indeed, the law reserves this possibility to its explicit mention in the contract.
4.3 Delivery charges
Delivery charges are offered
Tip: When there is a delivery charge, it must be included in the contract. On the other hand, if they are offered, it is very appropriate to mention it in the contract.
4.4 Follow-up of the delivery
You can contact us by telephone for any question relating to your delivery (click here to go to the » contact us » section)

The price
The prices of our products are indicated in euros all taxes included (French VAT and other applicable taxes). They include the cost of processing your order. As a reminder, shipping fees are offered.
If you request a delivery outside the French territory, your order may be subject to taxes and customs duties when it arrives at its destination.
The payment of these fees and taxes is your responsibility and we invite you to check with the appropriate authorities in your country. You must also check the possibilities of importing or using products that you order us in the destination country.
Tip: If your site targets an international customer base, you need to expand the information on customs duties and the possibility of tax rebate. For example, it may be useful to provide an export bill of lading service.
Attention: the price of the offer is a compulsory legal mention
6. Payment terms and means of security
We only cash your payment at the time of shipment. You can freely cancel your order as long as it is not delivered to our carrier for shipping. Upon delivery of your order for shipment, an e-mail informs you that we will cash you.
Tip: Payment on shipping is not an obligation. You can perfectly cash the payment when concluding the contract online. On the other hand, it’s an obvious marketing advantage.
Means of payment
You have several means of payment to pay for your purchases on ____
– by credit card: Visa, MasterCard, American Express, other blue cards
:
Payment is made on the secure banking servers of our partners (___). This implies that no banking information about you passes through our site.
Payment by credit card is perfectly secure; your order will be registered and validated upon acceptance of payment by the bank you have chosen.
By PayPal:
With PayPal your financial information is never communicated to ____. Indeed, PayPal encrypts and protects your card number. Pay online by simply entering your email address and password.
Tip: If you offer a « 3-fold » payment service or credit, your cash payment price must be lower. If you accept payment by check, you must adapt several clauses of the general conditions (consequences on the point of departure of the delivery period in particular).
Security
Payments via our site are subject to a security system. We have adopted SSL (Secure Soket Layer) to encrypt credit card details. To protect you against possible intrusion, we do not store credit card numbers on our computer servers. Credit card numbers are handled by ____ which returns us an authorization number.
Tip: It may be useful to refer to your provider if they are particularly credible in the area of computer security.
Satisfied or reimbursed: terms of exercise of the right of withdrawal
In accordance with legal provisions, within 7 days of receiving your product, you can exercise your right of withdrawal. You do not have to justify reasons or pay a penalty. With the exception of the costs of return, which remain your responsibility, we will refund all amounts paid no later than 30 days after your withdrawal. On our proposal, you can also opt for another type of refund.
Tip: the wording of this clause amounts to appropriating a legal obligation by presenting it as a commercial argument of the type « satisfied or reimbursed ». If you can, do not hesitate to propose a delay exceeding 7 days and to value here this competitive advantage. It may also be useful to remember your requirements regarding the conditions of return of the product (original condition, all elements …)
In accordance with legal provisions, the right of withdrawal can not be exercised for products made to order, according to the particular specifications of the consumer or audio, video or computer software unsealed by the client
Warning: if you sell one of the properties listed in Article L. 121-20-2 of the Consumer Code, the law requires you to indicate that the right of withdrawal does not apply to this type of property.

The duration of the contract and validity of the price.
The prices take into account the T.V.A applicable on the day of the order and any change of the applicable rate T.V.A. will be automatically passed on the price of the products on sale on ____.
The products remain the full property of ____ until the complete collection of the price by ____.
Our price offers are valid only within the double limit of the validity period of the offer concerned and the available stocks.
Our offers of goods and prices are valid if they appear online on the site on the day of the order
Warning: Article L. 121-18 of the Consumer Code provides that » The duration of the validity of the offer and the price of it » must be included in the contract offer.
Applicable law / Competent jurisdiction
These conditions are subject to French law.
In case of dispute on the substance or the form, the French courts will have sole jurisdiction
Attention: Article L. 111-2 of the Consumer Code states that the general conditions of use must provide « where applicable, the applicable contractual clauses relating to the applicable legislation and the competent jurisdiction ».
Contact us / after-sales service
If you wish to contact us, our customer service is at your disposal:
For information about our offers or to place an order: ____ (____ VAT € / min) from ____ to ____ from ____h to ____.
To follow the execution of an order, to exercise its right of retraction or to make use the guarantee: we put at your disposal a number Azur (cost of a local communication starting from a fixed station) indicated in your mail electronic order confirmation
Form: Customer Service
Warning: the cost of the overtaxed remote communication must appear. Calls for tracking the order, exercise of the right of withdrawal or guarantees cannot be surcharged. It is advisable to limit access to your non-premium number to your customers and therefore not to include this number directly in the GTC.
Tip: If you offer an online order tracking service via a password-based customer account, this is where you will have to value it.
Intellectual property
Tip: refer to the clause « intellectual property » of your legal notice or your general conditions of use of the site, in order not to multiply the versions.
Nominative information
We collect your personal information for the management of your orders and the follow-up of our commercial relations. They can be retransmitted to our partners exclusively for the execution of your orders, in accordance with these terms and conditions.
In accordance with the Data Protection Act of 6 January 1978, you have the right to access, delete, rectify and oppose personal data concerning you. Simply write to us online at Customer Service or by mail ____, indicating your last name, first name, email address, address and if possible your customer reference.
Tip: refer to the clause » privacy policy » of your legal notice or your general terms of use of the site, so as not to multiply the versions.

Appendix 1: Provisions of the Consumer Code concerning the legal guarantee of conformity
Article L211-4
The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
Article L211-5
To be in conformity with the contract, the property must:
1 ° Be fit for the usual expected use of a similar good and, where appropriate:
– correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
– present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L211-6
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.
Article L211-7
The defects of conformity which appear within a period of six months from the delivery of the good are presumed to exist at the time of the delivery, unless proven contrary.