TAWABIKA GENERAL TERMS AND CONDITIONS OF SALE

CONTENTS

Article 1 - Recitals

These General Terms and Conditions of Sale (referred to hereinafter as the ‘T&Cs’) apply unreservedly to all distance sales to non-professional customers (referred to hereinafter as the ‘Customer’) by TAWABIKA on the website https://www.tawabika.com, (referred to hereinafter as the ‘Website’).

Confirmation of the order by the Customer signifies the Customer’s full and complete, unlimited and unreserved acceptance of these General Terms and Conditions of Sale, to the exclusion of any other document. The General Terms and Conditions in effect at the time of confirmation shall take precedence over any earlier version or any other conflicting document.

Article 2 - Products

The products (referred to hereinafter as the ‘Products’) governed by these General Terms and Conditions are those displayed on the Website.

The said Products are offered within the limit of available stocks and their essential characteristics are described and presented as accurately as possible.

However, slight variances compared to actual Products cannot be ruled out. Accordingly, images have no contractual value.

Article 3 - Prices

Prices are valid for sales of our Products via the www.tawabika.com website only.

Product prices are displayed in euros and include all taxes (including the eco-taxe) and packaging, but do not include stated delivery costs (unless expressly agreed otherwise in writing).

The delivery costs to be paid by the Customer will be displayed before order confirmation.

TAWABIKA reserves the right to change its prices at any time, without advance notice.

Amounts charged for Products will always correspond to the prices in effect at the time of order confirmation.

Article 4 - Orders

4.1 Placing orders

The Customer must place his/her order in compliance with the instructions displayed on the Website.

Before placing an order on the Website, the Customer selects the Product(s) he/she wishes to view in order to see the corresponding description.

After confirming the selected Product(s) and the basket, the Customer will be asked to provide some personal details by filling in a form, such as: title, given name and family name, billing address/delivery address, telephone number, email address and delivery address.

The Customer must give a valid email address and, at the same time, must check his/her email filter rules to ensure that he/she will receive emails sent by TAWABIKA.

The Customer undertakes to provide accurate and complete personal information and must update his/her information when necessary, by logging in to his/her account.

The Customer must store his/her username and password safely and ensure they remain private and confidential.

The Customer must provide all the information marked as mandatory on the form. After completion of this step, the Customer may modify or remove Products.

Before confirming the order, the Customer will be asked to select the delivery method and his/her delivery address.

4.2 Order confirmation

The Customer may confirm the order by proceeding to checkout.

The Customer will be asked to select the payment method and will finalise the order:

  • by ticking the following box to confirm acceptance of these T&Cs: “By confirming my order, I acknowledge that I have read and accept the General Terms and Conditions of Sale”;
  • and by clicking on “Place my order”.

A ‘double-click’ implies an ‘electronic signature’, recording the Customer’s irrevocable and unreserved acceptance of the order.

The Customer acknowledges that the order is firm and final upon completion of this process, subject to the right of withdrawal defined in articles L.121-21 and L.221-21 of the French Consumer Code [Code de la consommation] (with the exception of Products manufactured to meet the Customer’s specifications or clearly customised Products, in compliance with article L.221-21 of the French Consumer Code).

TAWABIKA will promptly send the Customer an order confirmation email, summarising: the nature of the Products and the quantities ordered, the unit price of each Product, the total price of the order, including taxes, the delivery costs and information on how to exercise the right of withdrawal (standard withdrawal form appended).

If the Customer does not receive an order confirmation email, he/she must contact the customer service department to ensure there are no problems.

TAWABIKA undertakes to inform the Customer by any means available to it of any issues affecting Product availability or supply.

In that case, the Customer will be entitled to change the order content or to cancel the order in full or in part.

Article 5 – Payment

When an order is placed, payment must be made in full, in euros, using one of the following methods at the Customer’s choice:

  • By secure card payment (via the Stripe payment system): Carte bleue, Visa, Mastercard.

After selecting his/her Products and proceeding to checkout, the Customer can confirm the order: the Customer will be asked to click on the ‘Payment’ button and select payment by bank card.

The Customer will be automatically redirected to the Stripe payment platform in order to enter his/her payment details in a secure environment. Payment details entered at the time of payment are protected by SSL encryption (Secure Socket Layer).

As soon as the payment is accepted, the Customer will receives an order confirmation email.

When the Stripe system is used, the Customer acknowledges that the system is governed by its own terms and conditions of use and sale, which will apply alongside these T&Cs: https://stripe.com/en-fr/legal#translation; the Customer must accept them in order to confirm payment.

The Customer acknowledges that TAWABIKA will not accept liability for any malfunctioning of the Stripe payment platform.

In order to combat on-line fraud effectively, TAWABIKA may check details/information provided by the Customer, in particular when fraud is suspected. If the requested information is not produced, the Customer’s order may not be accepted.

  • By secure card payment in 3 instalments, via Alma :

Alma is a financing solution that allows you to use your bank card to pay for your purchases in 3 instalments, at no extra cost.

This financing solution is available to individuals who reside in France and have a Visa card or Mastercard, provided the card expiry date falls after the end of the selected financing period.

After selecting his/her Products and proceeding to checkout, the Customer can confirm the order: the Customer will be asked to click on the ‘Payment’ button and select payment via ‘Alma’. He/she will then be redirected to our partner’s website and asked to:

  • Enter his/her personal details;
  • Or log in using his/her login information if he/she already has an account with Alma;
  • Consult the general terms and conditions of the payment in instalments solution he/she wishes to use, which are available in PDF format, read them and then accept them by ticking the corresponding box with a double-click, to signify his/her agreement to enter into a contract;
  • Confirm his/her wish to make use of the financing solution and pay by bank card in 3 instalments: as such, the information and data received by Alma will be used to examine the application for acceptance, management and repayment of the credit facility.

The Customer acknowledges that Alma reserves the right to accept or refuse his/her application to pay in 3 instalments at no extra cost.

The Customer has 14 days in which to withdraw his/her credit application. 

Terms of use:

With the card payment in 3 instalments at no extra cost, the Customer will pay for his/her order on our Website as follows:

- a mandatory down payment: corresponding to one third of the total amount of the order, which will be debited on the day order shipping confirmation is sent; 

- two monthly instalments: each corresponding to one third of the order, which will be debited at 30 days and 60 days. 

In the event Alma refuses the credit application the Customer’s order will be cancelled.

Complaints relating to this service should be sent via the Alma website: https://almapay.com/fr-FR/nous-contacter

Article 6 – Delivery

6.1 Terms of delivery

Delivery to the Customer’s home address is possible in:

  • Metropolitan France
  • Germany
  • Spain
  • Italy
  • Austria
  • Portugal

Shipping costs will be charged for all orders in addition to the price of the Products ordered.

The terms of delivery (carriage, times, costs) will be indicated when the order is placed.

The Customer must provide a valid delivery address and telephone number.

The Customer must ensure that the goods can be delivered to the address given.

The Customer must indicate any access issues that may affect delivery when placing the order.

The Customer acknowledges that an order may be split into separate deliveries for reasons relating to Product availability.

The Customer is responsible for verifying Products delivered and checking their conformity.

If the Customer observes any problem, he/she must refuse the items and note clear and detailed reasons for refusal on the delivery slip. He/she will have three (3) days following the Product delivery date in which to send TAWABIKA confirmation of the said reservations and supporting evidence.

The Customer shall pay the shipping costs for returned Products, but these will be refunded by TAWABIKA if it accepts the return.

Failing that, the Customer acknowledges that the delivery will be deemed conform.

6.2 Delivery times

Deliveries will take place within the time frame indicated when the order is placed. This is an average time frame of between five (5) and seven (7) days, which may be subject to some variation depending on transport conditions.

The Customer acknowledges that TAWABIKA will not be liable for a force majeure event or other unforeseeable event.

In compliance with article L.216-6 of the French Consumer Code, the Customer will be entitled to terminate the contract. TAWABIKA will reimburse the Customer no later than fourteen (14) days after the date notice of termination is given.

6.3 Delivery costs

The following delivery costs will be charged for orders of Products delivered to the Customer’s home address:

CountryFree delivery fromChargeSurcharge
Metropolitan France€100Under 5kg = €9.90 - 5kg or more = €19.90
CorsicaNo charge for orders of €100 or more but surcharge will apply
€50
Germany€200€19.90
Austria€200€19.90
Spain€200€19.90
Portugal€200€19.90
Italy€200€19.90

Article 7 - Transfer of title and risks

The Products will remain the property of TAWABIKA until the price is received in full.

Risks (theft, loss, deterioration, damage caused by the Products) will be transferred to the Customer at the time of delivery.

Article 8 - Statutory warranty

In compliance with article L.217-4 et seq. of the French Consumer Code and article 1641 et seq. of the French Civil Code [Code civil], the Customer is covered by the statutory warranty of conformity and against hidden defects in the thing sold.

  • Statutory warranty of conformity:

Terms:

- warranty period: the Customer may implement the warranty during a two (2) year period from delivery of the item;

- the Customer has the option of having the item repaired or replaced, subject to the conditions relating to cost set out in article L. 217-9 of the French Consumer Code;

- the Customer is not required to produce proof of lack of conformity of the item during the twenty-four (24) month period.

Article L.217-4 of the French Consumer Code: “Contractual conformity of the item is established if it satisfies the following criteria in particular:

1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristics stipulated in the contract;

2° It is fit for the specific purpose sought by the consumer, as made known to the seller before or at the time of contracting and accepted by it;

3° It is delivered with all the accessories and installation instructions that need to be supplied in compliance with the contract;

4° It is updated in compliance with the contract. ”

Article L.217-9 of the French Consumer Code: “The consumer is entitled to demand that the item is made compliant with the criteria listed in sub-section 1 of this section. The consumer shall ask the buyer to render the item compliant, opting for either its repair or its replacement. For that purpose, the consumer shall make the item available to the seller.”

  • Warranty against hidden defects:

In application of article 1641 of the French Civil Code, the Customer may implement the warranty against hidden defects in the thing sold. As applicable, the Customer may choose between cancellation of the sale or a reduction in the sale price, in compliance with article 1644 of the French Civil Code.

Article 1641 of the French Civil Code: “The seller is bound by a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it, if he/she had been aware thereof.”

Article 1648 paragraph 1 of the French Civil Code: “Any action resulting from redhibitory defects must be brought by the buyer within two years from discovery of the defect.”

Article 9 – Liability

The Customer represents that he/she is responsible and liable for use and maintenance of the TAWABIKA Product(s).

The Customer must abide by the instructions for use and maintenance; in that respect, TAWABIKA will not be liable in the event the Customer is negligent and/or ignores the said instructions, namely in the event of any loss or damage.

The Customer is advised to contact TAWABIKA’s customer service department if he/she has any concerns.

Should a force majeure event, as defined in article 1218 of the French Civil Code, occur, TAWABIKA will not accept liability for its non-performance of its contractual obligations.

TAWABIKA will not be held liable in the event of any loss or damage in connection with hacking, a virus or service disruption.

Article 10 – Right of withdrawal / Returning faulty Products / Complaints

  1. Right of withdrawal

For contracts for the sale of Products entered into at a distance, the Customer has fourteen (14) calendar days from the Product delivery date in which to exercise his/her right of withdrawal.

Terms:

  • In order to exercise his/her right of withdrawal, the Customer must inform TAWABIKA of his/her intention to withdraw by sending the standard withdrawal form received on the date of the order confirmation email (also appended to these T&Cs and available on the Website www.tawabika.com):

>by email to: service-client@tawabika.com, or

>By post to the following address: TAWABIKA – CUSTOMER WITHDRAWAL DEPARTMENT– 1 place Verrazzano – 69009 LYON

  • The Customer must return the Product(s) at his/her eTAWABIKApense (cf. below) within fourteen (14) days of sending his/her withdrawal decision, to the following address: U10 – 124 avenue des granges, 69240 Thizy-les-Bourgs; the Customer must clearly indicate the Product(s) concerned by enclosing the corresponding invoice(s);
Country
Charge
Surcharge
Metropolitan France
Under 5kg = €9.90 - 5kg or more = €19.90

Corsica


€50
Germany
€19.90

Austria
€19.90

Spain
€19.90

Portugal
€19.90

Italy
€19.90

  • TAWABIKA shall inform the Customer of the conditions for returns, on the understanding that it is essential that the Products are returned in their initial condition (packaging, quality of Product, presence of instructions and accessories); failing that, the return will not be accepted; quality control checks will be carried out upon receipt of the Product;
  • TAWABIKA shall reimburse the Product(s) no later than fourteen (14) days after their receipt, using the same payment method used by the Customer for the initial transaction;

Exclusions:

In compliance with article L.221-28 of the French Consumer Code, “the right of withdrawal cannot be exercised for contracts (...) for the supply of items manufactured in accordance with the consumer’s specifications or that are clearly customised”.

  1. Returning faulty Products

If a Product is faulty, the Customer may return it to the address stipulated in 1/ above, at no cost.

In that case, the Customer must enclose photographs of the Product with his/her return request enabling verification of its faulty nature, with a view to TAWABIKA paying the return shipping costs.

  1. Complaints

In case of a complaint or, more generally, any queries, the Customer can contact TAWABIKA’s Customer Service Department as follows:

  • By email: service-client@tawabika.com
  • By telephone: 04 51 22 04 22
  • By post: TAWABIKA – Customer Service Department – 1 place Verrazzano – 69009 LYON

Article 11 – Personal data

TAWABIKA declares that it collects data relating to Customers in the course of its business, as needed to process orders and manage the business relationship, and that it stores them on its account as part of the fulfilment of its obligations (hereinafter, the ‘Data’). This Data constitutes personal data within the meaning of the French [data protection] law no. 78-17 of 6 January 1978, as amended by law no. 2004-801 of 6 August 2004, and the General Data Protection Regulation no. 2016/679 of 27 April 2016.

In its capacity as the data controller, TAWABIKA undertakes to comply with all of its statutory and regulatory obligations relating to the protection of personal data aimed at guaranteeing, in particular, the security and confidentiality of the Data.

TAWABIKA undertakes (i) not to make any copies of the Data without the express consent of the Customer, (ii) to use the Data only on the instructions of the Customer and in the context of the sale of the products, (iii) not to disclose or transmit the Data to third parties unless the Customer has expressly agreed to this, (iv) to take all measures to prevent any misuse or fraudulent use of the Data, (v) to take all technical security measures to preserve the integrity of the Data, (vi) to destroy the Data when these Terms and Conditions cease to apply.

In compliance with the French Data Protection Act of 6 January 1978, as amended, and the General Data Protection Regulation, the Customer has a right of access, rectification, erasure, data portability and limitation of the processing of personal data.

The Customer has the right to object to the processing of the data, as well as the right to object to the use of this data for commercial prospecting purposes. He/she also has the right to determine the manner in which these rights may be exercised after his/her death.

Any request in this respect must be sent by email to dpo@tawabika.com or by post to TAWABIKA – Service DPO – 1 place Verrazzano – 69009 LYON

Article 12 – Intellectual property

TAWABIKA is the owner of the Website and its content.

Any reproduction of all or part of the said content is strictly prohibited and may constitute infringement, which is an offence. Furthermore, TAWABIKA owns all intellectual property rights to the designs, models, etc. [developed] (including at the Customer’s request) in order to provide the services to the Customer. Accordingly, the Customer undertakes not to reproduce or otherwise utilise any such elements.

The Customer undertakes to respect all the intellectual property rights held by TAWABIKA as owner or licensee, and undertakes not to reproduce or have reproduced, in full or in part, trademarks, designs and models or any other intellectual property right held by TAWABIKA as owner or licensee, on pain of legal action.

Article 13 – Mediation

In compliance with the provisions of the French Consumer Code concerning amicable dispute resolution, TAWABIKA is registered with the consumer mediation service provided by CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), at: 49 Rue de Ponthieu, 75008 Paris – https://www.cm2c.net. After written correspondence between a consumer and TAWABIKA, and if the dispute has not been settled, the matter may be referred to the Mediator. For further information on how to refer a matter to the Mediator: https://www.cm2c.net/declarer-un-litige.php

Article 14 – ‘Eco-contribution’ recycling fee

TAWABIKA is registered in the national register of marketers [Registre national des metteurs sur le marché].

As such, and in compliance with article R.541-173 of the French Environmental Code [Code de l’environnement], TAWABIKA has met its regulatory obligations.

TAWABIKA passes on to the Customer in the price paid for the Products the unit cost of the ‘eco-contribution’ recycling fee it pays. The Customer is informed of the corresponding cost of the ‘eco-contribution’ recycling fee on documents/invoices.

Article 15 – Governing law – Jurisdiction

These T&Cs and the orders placed in accordance with these T&Cs are governed by French law. In the event these T&Cs are translated into a foreign language, the French language version shall be the authentic version.

Any dispute relating to formation, performance, interpretation or termination arising in connection with the T&Cs that cannot be settled amicably shall be referred exclusively to the French courts, notwithstanding the introduction of third parties or multiple defendants.

Appendix 1- Withdrawal form

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