Terms of Sales
Between the Polynesia Business Company
Berniere District, Pirae, Tahiti
Registered in the Papeete Register of Commerce and Companies
Under number KBIS TPI 19 593 A,
Represented by Ms. Jun-Li BIHANNIC
Duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the homepage of the site.
Hereinafter the "Seller" or "the company" ".
And the natural or legal person purchasing the products or services of the company,
Hereinafter, the "Buyer", or "the Customer"
On the other hand,
It was stated and agreed as follows:
The Seller distributes music products (ukuleles), derivative products of the brand "Upa Upa Tahiti" and training materials for consumers, marketed through its websites (https://www.upaupabrand.com /). The list and the description of the goods and services proposed by the company can be consulted on the aforementioned sites.
Article 1: object
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.
Article 2: General Provisions
These General Conditions of Sale (GTC) govern the sales of Products or Services, made through the company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing an order. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GTC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These T & Cs can be consulted on the company's website at the following address: https: // upaupabrandcom / information / general-conditions-of-sale
The company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares that he / she has read all of these General Conditions of Sale and, where applicable, the Special Conditions of Sale relating to a product or service, and accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes.
Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.
Article 3: Price
The prices of products sold in French Polynesia through the website https://www.upaupabrand.com/ are indicated in Pacific Francs TTC (excluding any shipping costs in the islands). The prices of the products are also indicated in euros TTC and precisely determined on the pages of descriptions of the Products. They are also indicated in Pacific Francs and in Euros all taxes included (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped to the European Union and / or DOM-TOM, the price is calculated in euros excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects from the relevant local authorities. The company reserves the right to change prices at any time for the future. The telecommunication costs necessary to access the company's Internet sites are the responsibility of the Customer. If applicable, also the delivery costs.
Article 4: Conclusion of the contract on line
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to carry out his order: - Information on the essential characteristics of the Product; - Choice of the Product, if any, of its options - Indication of the essential details of the Customer (identification, email, address ...); - Acceptance of these General Conditions of Sale - Verification of the elements of the order (formality of the double click) and, if necessary, correction of the errors. Before confirming, the Buyer has the opportunity to check the details of his order, its price, and correct any errors, or cancel the order. The confirmation of the order will entail formation of this contract. - Then follow instructions for payment, payment of products, and delivery of the order. The Customer will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it.
During the order process, the customer will be able to identify any errors made in the data entry and correct them. The language proposed for the conclusion of the contract is the French language.
The terms of the offer and the general conditions of sale are returned by email to the buyer when ordering and archived on the website of the Seller. If applicable, the professional and commercial rules to which the offeror intends to submit are available in the section "Additional rules" of these Terms, available on the Seller's website at the following address: https: // upaupabrandcom / news / General conditions-of-sale
The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purpose of order fulfillment, the Customer undertakes to provide truthful identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, and, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or by any other appropriate method, of the prices and special conditions of sale and sale. execution of the services before any conclusion of the contract of sale. In any case, the total amount owed by the Buyer is indicated on the confirmation page of the order. The selling price of the product is that in force indicated on the day of the order, this one not including by the charges of ports invoiced in supplement. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order. The Seller reserves the right to change prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product's presentation page regarding the delivery dates of the products or services. The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic coordinates, and to its activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limit of the available Products only. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the customer. The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the products' offer and their prices is specified on the company's websites, as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services. Except under special conditions, the rights granted under the present conditions are granted only to the physical person signing the order (or the person holding the communicated email address).
Article 6: Compliance
In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GSC meet the requirements in force concerning the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for defects in conformity and hidden defects in the product.
In accordance with Article L.217-4, the seller delivers 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 has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions regarding compliance and hidden defects (article 1641 civic law), the Seller refunds or exchanges defective products or those that do not correspond to the order. The refund can be requested as follows: (Refund request to fill in the form "Contact" available in this link: https://upaupa.tahiticlic.com/contact). After the eventual refund agreement by the seller, the product must be returned by post, the shipping costs will be borne by the seller).
Article 7: Retention of title clause
The products remain the property of the company until full payment of the price.
Article 8: Terms of delivery
The products are delivered to the delivery address that was indicated when ordering and within the time indicated. These delays do not take into account the time of preparation of the order. When the Customer orders several products at the same time they may have different delivery times forwarded. In case of late delivery, the Customer has the opportunity to resolve the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code. The Seller proceeds to the refund of the product and expenses "go" under the conditions of Articles L216-3 and L241-4 of the Code of consumption. The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email to track the order. The Seller recalls that at the moment when the Customer physically possesses the products, the risks of loss or damage of the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations on the delivered product.
Article 9: Availability and presentation
In case of unavailability of an item for a period of more than 30 working days, you will immediately be notified of the foreseeable delivery times and the order of this article may be canceled on request. The Customer may then request a credit for the amount of the item or its full refund and the cancellation of the order.
Article 10: Payment
Payment is due immediately upon order, including pre-order products. The Customer may pay by credit card. Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and can not be read during transport on the network (describe the process). Once the payment has been initiated by the Customer, the transaction is immediately debited after verifying the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card with the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.
Article 11: Time limit for withdrawal
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Purchaser has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting the company as follows: withdrawal to be made in the following link: https://upaupa.tahiticlic.com/contact. In case of exercise of the right of withdrawal within the aforementioned period, the price of the purchased product (s) and the shipping costs will be refunded, the return costs being borne by the Customer. Returns of products are to be made in their original condition and complete (packaging, accessories, instructions ...); if possible, they must be accompanied by a copy of the proof of purchase.
Article 12: Guarantees
The Seller assumes the guarantees of conformity and relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made. The request for reimbursement must be made as follows: (send photos of the article and make the request using the following link: https://upaupa.tahiticlic.com/contact). The Seller reminds that the consumer: - has a period of 1 month from the delivery of the property to act with the Seller - he can choose between the replacement and repair of the property subject to the conditions provided by the provisions above. apparently defective or not corresponding - that it is exempted to prove the existence of the lack of conformity of the good during the month following the delivery of the good.
Article 13: Complaints and mediation
In this case, the Buyer may submit any complaint by contacting the company via the contact page at the following address: https://upaupa.tahiticlic.com/contact.
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can resort to a consumer mediator under the conditions provided for by Title I of Book VI of the Consumer Code.
In case of failure of the request for complaint to the customer service of the Seller, or in the absence of response within two months, the consumer may submit the dispute to a mediator who will attempt independently to bring the parties in to obtain an amicable solution.
Article 14: Resolution of the contract
The order can be solved by the buyer by registered letter with acknowledgment of receipt in the following cases: - delivery of a product not in conformity with the characteristics of the order; - delivery exceeding the deadline fixed at the time of the order or, in the absence of date, within thirty days following the payment; - unjustified price increase or product modification. In these cases, the buyer may demand the repayment of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract
If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
Article 18: Protection of personal data
In accordance with the Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller implements a personal data processing which aims to purpose the sale and delivery of products and services defined in this contract. The Buyer is informed of the following: the identity and contact details of the controller and, where applicable, the representative of the controller: the Seller, as indicated at the top of these T & Cs; - the data protection officer's contact details - the legal basis of the processing: the contractual performance - the recipients or the categories of recipients of the personal data, if they exist: the data controller, his / her services in charge of the data protection marketing, the services in charge of computer security, the service in charge of the sale, the delivery and the order, the subcontractors involved in the delivery and sales operations as well as any authority legally authorized to access the data. personal data in question - no transfer outside the EU is foreseen - the data retention period: the time of the commercial prescription - the data subject has the right to ask the data controller for access to the personal data, the correction erasing them, or limiting the treatment of the person concerned, or the right to to the treatment and right to portability of data - The data subject has the right to submit a complaint to a supervisory authority - the information requested when ordering are required to establish the invoice (legal obligation ) and the delivery of the goods ordered, otherwise the order can not be placed. No automated decision or profiling is implemented through the ordering process.
Article 19: Applicable Law and Clauses
All clauses contained in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.
Our general conditions of sale have been developed from a free and free template which can be downloaded from the website https://www.donneespersonnelles.fr/