Tikaway - CGV - Condition Générales de vente du site internet Tikaway.

General terms on conditions on the internet website www.tikaway.com www.tikaway.com

To apply 1st June 2016

Article 1 – General information – Implementation of the terms for general conditions of sale

The purchase of products available for sale or preorder by the Tikaway company (called hereafter « Tikaway ») are available on the online shopping site available at the address http://tikaway.com (below mentioned the « website ») involves the knowledge by the client of the entire following terms and conditions of sale and their prior acceptance.

These general terms and conditions of sale are applicable to any purchase or preorder of connected pair of glasses, original concept developed and displayed by Tikaway (below mentioned « the product ») and to any person acting for purposes outside his trade, business, craft or profession (below mentioned « the client »).

The contract between Tikaway and the client includes the herein general conditions and of the order (hereinafter collectively referred to as the “contract”).

To the extent that the GCS are subject to modifications to take into account in particular the application of possible new legal provisions or trade conditions, the applicable general sales conditions in case of products purchased are those in force at the day on which the order validation is made by the client.

Article 2- Placing of orders – Offers – Products

2.1 The client declares to have full legal capacity in order to commit to these conditions.

2.2 The site is aimed to consumers or non-professional and does not aim to sell high volume quantities of the offered product. The client acknowledges not to purchase the products on the Tikaway website to carry out resale activity or professional activity.
2.3 Product availability

2.3.1 Subject to the provisions stipulated in article 2.3.2 hereinafter, offered Products are valid as long as they appear on the Website, and within the limits of available stock.
In case of temporary unavailability of Product(s) (not including out of stock), the delivery time will be specified.

In case a temporary unavailability of Products occurs after the Client purchase, the Client will be informed as soon as possible by e-mail and could benefit from the reimbursement of the purchase.

2.3.2 Specific provisions relating to preorders of the product

From June 1st 2016 and until the date which will be specified by Tikaway on the website, the product can be subject to preorders from Tikaway before its official release and availability to the general public. These products are not yet sold. They will be at the official date of release that will be set by Tikaway.

The preorder gives the client the possibility to book one or several products in advance in order to be sure of its availability at the date of the official release.

In such event, the client will be informed that the product will be delivered only from December 2016.

As for a regular order, the client’s bank account will be debited at the time of the preorder. The client has the right to cancel its preorders until its shipment.

2.4 The technical characteristics of the product are those specified by Tikaway at the date of the placement of the order by the client. The client expressly acknowledges having read them. The product’s characteristics can be modified at any time and without notice by Tikaway, included after the client’s order if the modifications results from the application of legal norms, texts or regulations applicable to the product. In such a case, these modifications could not be subject to any claim of damages by the client under any circumstances, Tikaway will inform the client by e- mail to the address mentioned at the time of the creation of his/her client account.

The product complies French standards.

2.5 Tikaway will make every effort to make the product’s photographic representation of the Website as accurate as possible of the product itself. However, the client is fully informed of the fact that the images, colors and photographs that represent the product, may not exactly correspond the actual colors due to lights needs required for the photography.

2.6 The website as well as all related rights, is the ownership of Tikaway and/or of its legal representatives. All the elements of the website, whether visual or sound, including the underlying technology used, are protected by copyrights, trademarks, or patents.

They are the exclusive propriety of Tikaway and/or its legal representatives. Consequently, they can’t be reproduced, exploited or used in any way whatsoever.

2.7 Placing of orders – preorders

2.7.1 1Placing of orders of Products in stocks

Orders are placed directly on the website.

The client that wishes to place a product order must follow the following procedure :

  • Step 1 : Choose the number of Products : the client selects the number of products he wishes to order by adding it to its « shopping cart ». Products available are referred to as « in stock » on the website ; ;
  • Step 2 : Acceptance of the general terms of sale : the client read the general conditions of sales applicable to the order and expresses his/her acceptance by ticking the corresponding cost ; ;
  • Step 3 : creation or activation of a client account : the client must log in or create a client account on the website and complete the information required included his/her contact information and the billing and delivery address, if different. ;
  • Step 4 : Verification of the selection content and of the order : the client verifies the order content, its total price and validates its order by clicking on the validation button ;
  • Step 5 : « order with payment obligation » : the client selects his/her method of payment and, if required, the needed contact details to the use of payment ;

Until the final step and the definitive validation of order, the client will be able to move back to previous pages and to correct or modify its order and informations provided in the past.

  • Step 6 : validation of the order : the order placed by the client will be subject to confirmation by Tikaway, subject to stock availability verification, and will be informed by e-mail as soon as possible, summarizing the order content.

2.7.2 Preoders of Products

The steps identified above are applicable to preorders of the product that will nonetheless be identified as « being delivered from December 2016 on ». 

Article 3 – Prices and terms of payment

3.1 Prices charged are those in effect at the day of the order or of the preorder.
All prices are expressed in euros, including VAT, eco-tax and transport insurance, excluding customs fees and taxes specifically applicable to products and excluding delivery costs.

In case of promotional offer, prices mentioned are guaranteed until the validation date specified in the offer.

Tikaway reserves the right to modify its prices at any time, given that products are charged based on the tariff in use at the date of the order validation by the client. Similarly, the amount of additional expenses can be modified at any moment.

3.2. The delivery costs are charged separately by Tikaway. The delivery costs will be those mentioned in the Website at the time of the order.

3.3 Payments are made exclusively by the following payment methods : secured payment by Stripe or Paypal. In case of credit card payment, the client guarantees to be authorized the use of aforesaid card.

By giving his/her credit card number to the Stripe website, the client here by gives authorization to debit his/her bank account for the total amount of his/her order. The payment will be considered as accepted, only when related banking payment centers have given their consent, and that the amount of the order will be paid. In case of the center’s refusal, the order will not be validated. Tikaway will informed the client by any available mean.

The website is subject to the following secured system : use of Stripe’s secured payment system that ensures a secured payment.

The currency used for the transaction is the Euro. The amount debited on the account of the credit card used will depend on the Euro price on the day of the debit and possible exchange rates will be directly debited by the issuing bank of credit card.

3.4 The price of the order or of the preorder is payable at the time of the placed order or preorder by the client. Full payment must be made during the order or the preorder.

Article 4-Terms of delivery

4.1. Products sold on the Website are delivered at the address mentioned by the client, in metropolitan France, in the EU, in Switzerland, in Canada, in the USA and in Australia, subject to applicable law of public order and import conditions and restrictions applicable rules for the concerned country.

Delivery in post office box is accepted.

As for metropolitan France, it is also possible for the client to get it at pick-up location. In such case, products are considered as delivered at the time of their availability noticed by Tikaway. Products will be kept for a period of 15 days from the day of their availability notice. This delay passed, Products will be returned to Tikaway.

4.2. The maximum delivery period is the one mentioned at the time of the order or preorder on the Website.

Products are shipped at the delivery address mentioned by the client during the ordering or preordering process.

For any error in coordinates of the delivery address, the client will have to bear the costs incurred and Tikaway will not be liable for the impossibility to deliver the products.

4.3. Delivery will be made by the mentioned way at the time of the order.

At the time of delivery, the client checks the delivered product and make any claim that would appear to be justified (such as : damaged or already open package…).

If the shipping is delayed, Tikaway will inform the Client by e-mail of possible consequences on announced time of delivery. In case of late delivery, Tikaway proposes a new delivery time.

In any cases, in accordance with article L138-3 of the French Consumer Code, if Tikaway fails to fulfill any of its obligations to deliver the product at the date or at the expiration of the delivery time, and in any case no later than thirty days after the conclusion of the contract, the client can rescind the contract by registered letter with acknowledgment of receipt or by e-mail, after having enjoined, under the same conditions, Tikaway to make the delivery or to provide the service within a reasonable additional period, Tikaway did not carry out its obligations effectively during that period the contract.

The Contract is considered resolved at the receipt of the letter or the written notice by Tikaway of this decision, unless it has been executed in the meantime.

Nevertheless, the client can immediately rescind the contract if Tikaway refuses to deliver the product or if it fails to execute its obligation to deliver the Product at the date or at the expired delivery time expected and that this date or this time period represents an essential condition of the contract for the client, that he/she stipulated before the contract is effective.

Tikaway states that as soon as the client (or a third party other than the carrier indicated by the client) takes physical possession of the products ordered, the risk of loss or damage of the product will be transferred to the client.

Tikaway will not be liable if the late or non delivery is due to force majeure as defined hereinafter, is the customer responsibility, or come from an unforeseeable and insurmountable fact of a third party of the present Contract.

Article 5 – Withdrawal right

5.1 The client has the right to withdraw from the present contrat without giving any reason within a 14 days period after the client takes physical possession of the product.

To exercise the right of withdrawal, the client must inform Tikaway of its decision to withdraw from the present contrat by a declaration free of any ambiguities (for example, posted letter, fax or e- mail) to the following coordinates :

Tikaway

5, rue du Garet

69001 Lyon

Or by e-mail : retractation@tikaway.com

A standard withdrawal form is attached to the present general terms of sale. Using withdrawal form is not mandatory.

In order to respect the withdrawal delay, the client only needs to transmit its communication concerning the exercise of the right of withdrawal before expiry of the withdrawal period.

The right of withdrawal also applies for discount or removed products or if it is subject to a promotional offer.

5.2 In case of withdrawal, Tikaway reimburse all payments perceived from the client, including delivery costs without undue delay and, in any case, no later than 14 days from the day Tikaway has been informed of the withdrawal decision.

Tikaway will proceed to reimbursement using the same payment method as the one used for the initial transaction unless the client expresses differently ; in all cases, this reimbursement will not result in additional costs for the client. Tikaway can withhold the reimbursement until it has received the product or until the client has supplied evidence of having sent back the product, whichever of the two is the earliest.

The product should be sent back without undue delay and, in all cases, no later than 14 days after the decision to withdraw, to the following address :

Tikaway
,5 rue du Garet

69001 Lyon

This deadline shall be deemed to have been observed if the product is sent back before the expiration of the 14days period.

Clients shall bear direct costs of the product return. This costs are estimated to be of a maximum of 15 euros for a product delivered in France.

Due to the nature and technical sophistication of the Tikaway product. Products returned must be adequately protected, in their full original packaging, with all associated accessories, manual and documentions, in perfect conditions for resale and accompanied by a copy of the purchase invoice. Tikaway reserves the right to refuse any package inadequately packed, incomplete, damaged or non functional product.

Any products will thus undergo a diagnosis by a technician to check the compliance and the proper functioning of the product.

As long as products are in his/her possession, the client is required to keep them safe.

Article 6 : Power failure – compliance and guarantee

6.1In case of reception by the client of a product that does not comply with the order placed or with apparent defects including a power failure, Tikaway will undertake to exchange or reimburse the product to the client.

To do so, the client downloads and prints the return form for non-conformity or power failure available on the website and send back the completed, dated and signed form to :

Tikaway

5, rue du Garet

69001 Lyon

The client must sent back products, as well as a copy of the original purchase invoice to Tikaway as soon as possible upon the notification for non-conformity or power failure has been send. The products must be adequately protected, in their full original packaging, with all associated accessories, manual and documentations and with a copy of the purchase invoice

Client shall bear direct costs of sending back of the Product. This costs are estimated to of a maximum of 15 euros for a Product delivered in France.

In case of apparent defects or non conformity, duly recorded by Tikaway, the Client may obtain the replacement or reimbursement of the Product.

In the case of replacing the product, Tikaway bears the sending back costs.

The stipulations of this article do not prevent the client from benefiting from the withdrawal right defined in article 5.

As long as products in his/her possession, the client is required to keep them safe.

This right also applies for discount or removed products or if they are subject to a promotional offer.

6.2 The Products are covered by a legal warranty of conformity as stipulated in the section L.211-4 to L.211-13 of the French Consumer Code and those related to defects in the object of purchase, under the conditions provided in articles 1641 to 1648 and 2232 of the French Civil Code (reproduced in the annex of these general terms of sale).

Under the legal warranty of conformity, the Client :

  • benefits a 2 years period from delivery of the product to take action;
  • can choose between the repair or replacement of the product, subject to the cost conditions set out in article L. 211-9 of the French Consumer Code ;
  • is absolved from supplying proof of the non-conformity defect of the product within twenty-four months after its delivery ;
  • the legal warranty of conformity is applied independently of the possible commercial granted warranty ;
  • if the Client decide to implement the guarantee against hidden defects of the product sold within the meaning of article 1641 of the French Civil Code, he can choose between the cancellation of the sale or the reduction of price in accordance with article 1644 of the French Civil Code.

To do so, the Client should address his/her request to Tikaway to the following address :

Tikaway

5 rue du Garet

69001 Lyon

Ces dispositions ne privent pas le Client du bénéfice de son droit de rétractation tel que prévu par l’article 5.

Article 7- Personal data – Non-personal data

The collected data is processed by computer in order to fulfill orders placed on the Website. The recipients of the data are the Tikaway staff.

The processing controller is : Tikaway

The ordering process on the website requires the creation of a client account in which the client’s data are stored and protected by a password chosen by the client. Personal data about the client are essential for the processing and the delivery of orders. Personal data about the client are kept confidential and only for Tikaway use. They are needed for orders processing, and to inform the client about similar products to those previously provided. The client is also informed that information could eventually be transferred, or leased to third parties of the contract.

In accordance with the law « data processing and civil liberties » of January 6th 1978, as amended by the law of 6 August 2004, the client is entitled to a right of access and correction of his/her data (for instance, name, first name, address or e-mail). If the client wishes to exercise his/her right to access this personal data, or wishes to modify them, correct or delate them, he/she just has to send an e-mail to the following address : cnil@tikaway.com .

Personal data processing is subject to formal declaration registered at the « Commission Nationale de l’Informatique et des Libertés » (CNIL).

The client also has the possibility to refuse without charge, except those related to the transmission of this refusal, and in a simple way, to the use of his/her personal data and this, each time a message is sent to him/her. To do so, he/she just has to send an e-mail to the following address : cnil@tikaway.com.

In any case, the client can send a request to the address indicated above to stop the communication, without charge except those related to the transmission of his/her request.

Non-Personal data are also collected (for example connection and browsing time on the Website) to know how the client access and uses the website, as well as technical information (such as the type of Internet browser used, the type of computer operating system used, the Internet service provider, pages visited). These non-personal data are not intended to identify the client. They are automatically collected when the client connects to the website.

Ces données sont essentiellement destinées à une utilisation statistique de la fréquentation et de l’utilisation du Site.

Article 8-Applicable law

Tikaway is company registered under French law. The interpretation, validity, fulfillment and cancellation of the contract and relationships between contracting parties are governed by the French law.

**

IMPORTANT :

These General Terms and Conditions are protected by the provisions of the Code of the intellectual propriety of the French competition law. Their total or partial reproduction will lead to civil and criminal prosecution for the perpetrator.

Reproduction of the provisions of the Civil and French Consumer codes.

 

Article 1625 of French Civil Code

« The warranty the seller owes the buyer has two objects : the first is the peaceful possession of the thing sold ; the second, the hidden defects of such thing or redhibitory vices. »

Article 1641 of French Civil Code

 « The seller is bound to 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 had known of the defects. »

Article 1648 du Code civil

« An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice. In the case provided for in Article 1642-1, the buyer must bring the action, under pain of being barred, within the year which follows the date on which the seller can be discharged from apparent vices or wants of conformity. »

Article L.211-4 of French Consumer Code

« « The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility. »

Article L.211-5 of French Consumer Code

« To conform to the contract, the product must : 1° Be suitable for the purpose usually associated with such a product and, if applicable:


– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to. »

Article L.211-4 of French Consumer Code : « Action resulting from lack of conformity lapses two years after delivery of the product. »

 

 

Withdrawal form

 

For the attention of : Tikaway company

 

I/We (*) hereby give notice that I/we (*) withdraw from my/our contract of sale of the following goods (*)

Ordered on (*)/Received on (*)

 

Purchase order number :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only if this form is notified in writing) :

Date :

 

(*) Delete as appropriate.