TERMS AND CONDITIONS OF SALE

It is declared that the present terms and conditions of sale govern the sales carried out on this website by ECONET WEB LTD, publisher of the website www.tia-aïna.com (hereby known as The Website).

 

ARTICLE 1: ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE

The client declares to have acknowledged and accepted the terms and conditions of sale when placing his order. The validation of your order is worth acceptance of these terms and conditions of sale.

Unless specifically requested otherwise, data recorded by tia-aïna constitute the proof of all transactions between tia-aïna and the client.

 

ARTICLE 2: ORDERS

The client is solely responsible for filling out his sale order online, detailing the references of the products he chooses and their quantity. The client shall also specify his name and the delivery address. The client must specify on the sale order all particular circumstances relating to the delivery address which may complicate the delivery of the ordered product.

In the case where delivery of the product at the specified date is impossible, due to particular circumstances non-specified by the client upon ordering the product, tia-aïna reserves the right to postpone or cancel the order. All the charges linked to postponement or cancellation of the order shall be exclusively borne by the client. In the case of a typing or an input error, tia-aïna will not be made responsible for the consequences that may follow, such as delivery lateness, impossibility of delivery and/or withdrawal/cancellation of the order. The costs linked to the re-delivery of the product due to a typing or input error(s) are borne by the client. The client will be able to verify the details of his order(s) and the total price before confirmation and dispatch. The client has the possibility of modifying or cancelling his order before confirming it to tia-aïna, who will acknowledge the reception of the confirmation order by sending the client an e-mail. The order is only confirmed after the first debit on the customer’s bank account, in the case of payment by card on The Website or bank transfer. Tia-Aina reserves the right to refuse an order if the client is involved in a pending settlement dispute, or if the client has not settled an ongoing order. The contractual information will be confirmed by writing, at latest during the delivery of the product.

 

ARTICLE 3: AVAILABILITY

The offers of products and prices are valid as long as they are visible on The Website and as far as items are in stock. In case an item is no longer available after the order has been placed, the client shall be informed by the email or telephone details he has given on the order form. Tia-aïna will be able to suggest to the client a similar product at the same price. If the client refuses the substitute product, he can then cancel his order. The client will be reimbursed within 14 days, starting from the day he refuses the substitute product offered as an alternative.

 

ARTICLE 4: PRICE

The price of our products are indicated on The Website in euros and are tax inclusive, excluding processing and shipping costs. The client is informed of the shipping costs when he orders his product(s) on The Website. tia-aïna reserves the right to modify its prices at any time, but the product will be billed to the client on the basis of the rate in force at the time of his confirmation of purchase. The product remains the property of tia-aïna until the billing of the whole amount by tia-aïna.

 

ARTICLE 5 – CHECKING OF ORDER UPON DELIVERY

The client must carefully verify his product upon delivery for signs of any apparent damage. In case of apparent damage (for example, damaged packaging, the package has been opened, missing items and/or package), the client must refuse the product or accept it with reservations. The client is informed that reservations must be made immediately to the person and/or delivery service transporting the product, with reserves/complaints being written exactly on the delivery order slip. General notations, such as  “subject to unpacking, packaging in good condition” have no value. The reserves or complaints must be precise, and describe the product’s damage(s). If the delivery service refuses to assist in unpacking the product, it must be specified on the delivery order slip that “the delivery person/service refused to witness the unpacking of the product.” The client is informed that the absence of written reservations on the delivery slip presumes that the product was conformingly delivered. The client will then have to confirm the refusal of the package or his reservations by latest three (3) working days after the delivery, by postal letter to tia-aïna  at the following address:  ECONET WEB LTD C/O COLIBACK – CHEZ GETEOR – 270 AVENUE FRERE DES LUMIERES – 69730 GENAY

ARTICLE 6: PAYMENT

Payment of an order on The Website can be effected either by:

Credit card: you can pay by Visa or MasterCard directly on The Website, by filling in the order form and following the specific instructions given, then by paying on the secure payment site. The card is debited once the acknowledgment of the receipt of the order has been sent. The following cards are accepted: Carte Bleue, Visa, Mastercard.

Paypal : Do you already have a PayPal account? If so, you can use it and securely pay for your order without disclosing your banking details.

 

ARTICLE 7 – RIGHT OF CANCELLATION

Article 7.1 Replacement

In accordance with the legal provisions in force, the client is able to exercise his right of cancellation to tia-aïna once his order has been confirmed by tia-aïna and until fourteen clear days after delivery of the product or its removal from the shops, without justificatory reasons, nor payment of any penalty (after the delivery of the last product in the case of multiple items).

Metropolitan France

Tia-Aïna will bear the expenses for a replacement. If the products have been purchased during promotional periods, replacement is at the cost of the client.

After informing tia-aïna of the return, the client has 30 calendars days following reception of the parcel to ship it back. If the product is not received by tia-aïna within the stipulated time frame, tia-aïna reserves the rights to refuse replacement or reimbursement.

International

Replacement cost is at the expense of the client.

After informing tia-aïna of the return, the client has 30 calendars days following reception of the parcel to ship it back. If the product is not received by tia-aïna within the stipulated time frame, tia-aïna reserves the rights to refuse replacement or reimbursement.

Article 7.2 Right of Cancellation

Metropolitan France and International

In case the client chooses to exercise his right of cancellation in the time period specified, only the price of the product(s) purchased and the delivery charges shall be reimbursed to the client. The costs of return shall be borne by the client. The client is informed that he will have to bear the return costs when, after the client has confirmed his order to tia-aïna, the product has left the logistical platform of tia-aïna.  The client must inform tia-aïna, by email his decision to exercise his right to cancellation.

We can send a non-paid return label through our partner Coliback to the client. The client is free to choose another service provider. If the client choose the second option, the client needs to ensure that the following information are correctly written on the parcel : the address of the return center, order number and name and size of the product to be returned.

Large products and shipments (more than 30kg) will be systematically collected by a delivery service chosen by tia-aïna at the address specified by the client on his order form.

After informing tia-aïna of the return, the client has 30 calendars days following reception of the parcel to ship it back. If the product is not received by tia-aïna within the stipulated time frame, tia-aïna reserves the rights to refuse replacement or reimbursement.

The product must be returned or recuperated/collected by tia-aïna in its original state and complete (packing, accessories, forms and documents…) which permit the product’s remarketing in new condition. The returned package must be accompanied by a copy of the purchase invoice. Products in bad condition will not be collected or taken back.

 

Products purchased during promotional periods (Example: Sale, Magical Days and others) are not accepted.

 

In accordance with the legal provisions in force, the right to cancellation cannot be exercised for audiovisual recordings, videos or computer software unsealed by the customer. Once the product is returned and judged compliant with the terms above by tia-aïna, the latter shall reimburse the client by check in the thirty days following the product’s/products’ return if the product has been paid for by check (the reimbursement shall be addressed to the billing address given on the order form) or by crediting the client’s account if the payment was effected by card.

ARTICLE 8: INTELLECTUAL PROPERTY

All the texts, comments, works, illustrations and images reproduced or represented on The Website are strictly reserved to the bond of copyrights and intellectual property of tia-aïna, applicable worldwide. All reproduction or representation, whether partial or full, of The Website or elements that form part of The Website is expressly forbidden.

 

ARTICLE 9: SECURITY

The Website uses a secure system which uses the SSL (Secure Sockets Layer) protocol, which encrypts the client’s banking information. The information relating to the security system in place are described in the “Legal Information” section of The Website. Payment failure arising from a fraudulent use of credit card will result in the listing of contact information in connection with the order to a payment incident file.

 

ARTICLE 10: PASSWORD MANAGEMENT

Tia-aïna will communicate to the client a password in order to access his client account. This password is personal and confidential. The client bears the sole responsibility of its use and of the confidentiality of this password. tia-aïna does not accept any responsibility in case of fraudulent use of this password.

 

ARTICLE 11: RESPONSIBILITY

The products offered are compliant with the French legislation in force and to norms applicable in France. tia-aïna will not engage responsibility in the case of importation of the product bought on The Website in a third country. The client is responsible for informing himself through the local authorities of the possibilities of importation and use of products bought on The Website, and to conform accordingly to the rules and regulations in place. The client is invited to consult the description of each product to obtain information concerning its characteristics and properties. In the case of purchasing for professional use, tia-aïna will not be held responsible for any indirect or consequential loss or damage for the following, including but not limited to business interruption, operating losses, trading and economic losses, loss of opportunity/opportunities, loss of data, documents and information, which may come about due to the purchase of product(s) on The Website.

 

ARTICLE 12 - FORCE MAJEURE

Tia-aïna will not be held responsible if it cannot fulfill its contractual obligations in the case of force majeure. By express agreement the following are considered cases of force majeure: strikes occurring within tia-aïna and/or its sub-contractors and/or service providers (such as delivery service companies), theft, fire, and natural disasters.

 

ARTICLE 13: NON-CONFORMITY OF THE PRODUCT UPON DELIVERY

17.1 Non-conformance of the product(s) to the client’s order

If the product delivered to the client or delivered to the shop does not correspond to the ordered product, the client can either refuse the delivery, stipulating on the delivery order the causes of his refusal, or accept the delivery and inform tia-aïna of the non-conformance of the product to his order. tia-aïna must be informed of non-conformance by the client by email in the following 48 hours succeeding the delivery (or refusal of delivery) of the product (s). The client must stipulate in the email if he has or hasn’t accepted the delivery of the product, the references of the ordered product and of the delivered product (reference number). Tia-Aina engages itself to proceed at the client’s choice of replacement of the product or at its reimbursement, without the client having to pay any cost. If the product was accepted by the client, tia-aïna will specify by mail or telephone the conditions of return for the non-conforming product. All product returns made by the client shall be subject to the prior consent of tia-aïna. The non-conforming product must be shipped or recuperated by tia-aïna in the state in which it was received, in its original packaging with the totality of the elements and accessories delivered with the product (guides, instructions, diverse accessories…) Tia-aïna will only be able to proceed to the reimbursement or replacement of the non-conforming product(s) once the said product(s) are returned to tia-aïna. The return costs that the client may pay in the case of a return of a non-conforming product shall be reimbursed by tia-aïna upon presentation of supporting documentation. The reimbursement shall be effected in a maximum time frame of 14 days upon the return of the non-conforming product, by check addressed to the client, using the address he provided on the order form, or by credit on the customer’s account.

17.2 Delivery of a damaged product(s)

If the product is damaged upon its delivery (whether by the delivery service or in the shop), the client must either refuse the delivery, stipulating on the delivery order the causes of his refusal, or accept the delivery and precisely inform his reservations (description of the damages noted) on the delivery order slip. The client must inform tia-aïna of the refusal of delivery and/or non-conformity of the product by writing an email. This email must be sent in the following 48 hours succeeding the delivery (or refusal of delivery) of the product (s). The client must stipulate in the email if he has or hasn’t accepted the delivery of the product, the references of the ordered product and of the delivered product (reference number). tia-aïna engages itself to proceed at the client’s choice of replacement of the product or at its reimbursement, without the client having to pay any cost. The client is informed that when the product is delivered by the deliverer/ delivery service, the engagement tia-aïna has to replace/reimburse the item(s) is conditional to the respect of procedures of Article 7 above, stipulating that the reserves should be described and written on the delivery order slip of the delivery service/deliverer, and the confirmation of these reserves to the delivery service/deliverer must take place in three working days by registered letter with acknowledgement of receipt. tia-aïna will stipulate by email or telephone the return conditions for the damaged product. All product returns made by the client shall be subject to the prior consent of tia-aïna. The damaged product must be shipped or recuperated by tia-aïna in the state in which it was received, in its original packaging with the totality of the elements and accessories delivered with the product (guides, instructions, diverse accessories…) Tia-aïna will only be able to proceed to the reimbursement or replacement of the damaged product(s) once the said product(s) are returned to tia-aïna. The return costs that the client may pay in the case of a return of a damaged product shall be reimbursed by tia-aïna upon presentation of supporting documentation. The reimbursement shall be effected in a maximum time frame of 30 days upon the return of the damaged product, by check addressed to the client, using the address he provided on the order form, or by credit on the customer’s account. All other damages or product faults shall be covered by the warranty and/or by legal guarantee/warranty, such as stipulated in the articles 18, 19 and 20 here below:

 

ARTICLE 14: LEGAL WARRANTY

Article L211-4 of the French Consumer Code: the seller is obligated to deliver a product conforming to the contract and is liable for the delivery of a damaged or non-conforming product(s).  The seller is also responsible for defects in conformity that result from packaging, set-up and/or installation instructions when these have been made his responsibility by the contract or have been produced under his responsibility.

Article L211-5 of the French Consumer Code: in order to conform to the contract, the product must:

1°  Be suitable for the use ordinarily expected of similar goods and, if relevant: correspond to the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or a model;  present the qualities that a buyer could legitimately expect, given the public statements made by the seller, by the producer or by its representative, particularly in any advertising material or on the labeling.

2° Or present the features defined jointly by the parties or be suitable for any special use sought by the user, of which the seller was advised and to which the seller agreed.

Article L.211-12 of the French Consumer Code:

Any legal action prompted by lack of conformity is governed by a term of prescription of two years as of delivery of the goods.

Article 1641 of the French Civil Code:

The seller must also guarantee the buyer against latent defects in the product sold that make it improper for the use for which it was intended, or diminish such use to the extent that buyers would not have purchased it, or would have paid less, if they had known.

Article 1648 paragraph 1 of the French Civil Code:

Any proceedings prompted by the discovery of hidden defects should be instituted by the buyer within two years as from the date at which the defect was discovered. ARTICLE 15 - DROIT APPLICABLE

This contract is subjected to French Law. In case of dispute with professionals and/or traders, the courts of Paris (France) shall have exclusive jurisdiction, including preliminary proceedings, notwithstanding plurality of defendants or call in guarantee.

 

Last updated on: 18/08/2017