GENERAL CONDITIONS OF USE AND SALE OF THE WEBSITE
GENERAL TERMS AND CONDITIONS OF USE

ARTICLE 1. LEGAL INFORMATION

Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, it is specified in this article the identity of the various stakeholders in the context of its implementation and monitoring.
The Tawabart.com website is edited by :
Morgane Lemarié, whose head office is located at the following address BP 246 Colombier 97133 ST BARTHELEMY, and registered at 87815950800018.
E-mail address: contact@tawabart.com

The director of publication of the site is: Morgane Lemarié.

The Tawabart.com website is hosted by :
Ionos 1&1, whose headquarters are located at the following address
7 place de la Gare, 57300 Sarreguemines
Phone number: 0970808911

ARTICLE 2. PRESENTATION OF THE SITE

The purpose of the Tawabart.com website is :
Online sales of jewelry, accessories and decoration

ARTICLE 3. CONTACT

For any question or request for information concerning the site, or any report of illicit content or activities, the user can contact the editor at the following e-mail address: contact@tawabart.com or send a registered letter with acknowledgement of receipt to Morgane Lemarié – BP 246 Colombier 97133 ST BARTHELEMY

ARTICLE 4. ACCEPTANCE OF THE TERMS OF USE

Access to and use of the site are subject to acceptance of and compliance with these Terms of Use.
The editor reserves the right to modify, at any time and without notice, the site and services as well as the present GTU, in particular to adapt to the evolutions of the site by the provision of new functionalities or the suppression or the modification of existing functionalities.
The user is therefore advised to refer to the latest version of the GTU before any navigation, which is accessible at any time on the site. In case of disagreement with the GTU, no use of the site can be made by the user.

ARTICLE 5. ACCESS AND NAVIGATION

The editor implements the technical solutions at his disposal to allow access to the site 24 hours a day, 7 days a week. Nevertheless, he may at any time suspend, limit or interrupt access to the site or to certain pages of it in order to proceed with updates, modifications of its content or any other action deemed necessary for the proper functioning of the site.
The connection and the navigation on the Tawabart.com website are worth accepting without reserve the present General Conditions of Use, whatever the technical means of access and the terminals used.
These TOS apply, as necessary, to any variation or extension of the site on existing or future social networks and/or community.

ARTICLE 6. SITE MANAGEMENT

For the good management of the site, the editor will be able at any time :

  • To suspend, interrupt or limit access to all or part of the site, to reserve access to the site, or to certain parts of the site, to a specific category of Internet user;
  • Delete any information that may disrupt the operation of the site or violate national or international laws, or the rules of Netiquette;
  • Suspend the site to make updates.

ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS

1. REGISTRATION

Access to certain services, and in particular to all paid services, is conditional on the user’s registration.
The registration and access to the services of the site are reserved exclusively to capable individuals, having filled and validated the registration form available online on the site Tawabart.com, as well as the present General Conditions of Use.
When registering, the user agrees to provide accurate, sincere and up-to-date information on his person and his civil status. The user will also have to proceed to a regular verification of the data concerning him/her in order to keep it accurate.
The user must therefore provide a valid e-mail address, to which the site will send him/her a confirmation of his/her registration to its services. An e-mail address cannot be used more than once to register for services.
Any communication made by Tawabart.com and its partners is consequently deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to answer within a reasonable time if necessary.
Only one registration to the services of the site is allowed per individual.
The user is given an identifier allowing him/her to access a space reserved for him/her (hereinafter “Personal Space”), in addition to entering his/her password.
The login and password can be changed online by the user in his personal space. The password is personal and confidential, the user agrees not to communicate it to third parties.
Tawabart.com reserves in any case the right to refuse a request for registration to the services in case of non-compliance by the user with the provisions of these General Terms of Use.

2. UNSUBSCRIBE

The regularly registered user may at any time request to unsubscribe by visiting the dedicated page in his personal space. Any unsubscription from the site will be effective after the user has completed the form provided for this purpose, within the following period: 1 month.

3. DELETION OF THE PERSONAL SPACE AT THE INITIATIVE OF THE SITE EDITOR

It is brought to the attention of the user that the publisher reserves the right to delete the personal space of any user who violates these conditions of use and sale, and more particularly in the following cases

  • If the user makes an illicit use of the site;
  • If the user, when creating his personal space, voluntarily transmits erroneous information to the site ;
  • If the user has not been active on his personal space for at least one year.

    Should the publisher decide to delete the user’s personal space for any of these reasons, this will not constitute damage to the user whose account has been deleted.
    This removal does not constitute a waiver of any legal action that the publisher may take against a user who has violated these rules.

ARTICLE 8. RESPONSIBILITIES

The publisher is only responsible for the content that he himself has edited.
The publisher is not responsible:

  • In case of technical or computer problems or failures or compatibility of the site with any hardware or software;
  • Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services;
  • The intrinsic characteristics of the Internet, particularly those relating to the unreliability and lack of security of the information circulating on it;
  • Illicit content or activities using its site, without its due knowledge within the meaning of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy and Law No. 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data.

    Furthermore, the site cannot guarantee the accuracy, completeness and timeliness of the information provided.

    The user is responsible for:
  • Protecting your equipment and data;
  • The use of the site or its services;
  • If it does not respect the letter or the spirit of these TOS.

ARTICLE 9. HYPERTEXT LINKS

The site may contain hyperlinks to other websites over which Tawabart.com has no control. In spite of the preliminary and regular checks carried out by the editor, he declines any responsibility as for the contents which it is possible to find on these sites.
The editor authorizes the establishment of hyperlinks to any page or document of its site provided that the establishment of these links is not made for commercial or advertising purposes.
In addition, the prior information of the editor of the site is necessary before any hypertext link is set up.
Are excluded from this authorization the sites diffusing information with illicit, violent, polemical, pornographic, xenophobe character or being able to attack the sensitivity of the greatest number.
Finally, Tawabart.com reserves the right to remove at any time a hyperlink pointing to its site, if the site considers it does not comply with its editorial policy.

ARTICLE 10: CONFIDENTIALITY

In addition to these General Conditions, the site has a privacy policy that describes how personal data is processed when the user visits the site, as well as how cookies are used.
By browsing the site, the user declares that he/she has also read the above-mentioned privacy policy.
En naviguant sur le site, l’utilisateur déclare avoir également pris connaissance de la politique de confidentialité susmentionnée.

ARTICLE 11. INTELLECTUAL PROPERTY

The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that make it up are the property of the editor and are protected as such by the laws in force under intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the site, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be likely to constitute an infringement within the meaning of Articles L. 335-2 and following of the Intellectual Property Code. And this, with the exception of the elements expressly designated as free of rights on the site.
Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the site, which remain the exclusive property of the publisher.
The user is not allowed to introduce data on the site that would change or be likely to change the content or appearance of the site.

ARTICLE 12. APPLICABLE LAW AND COMPETENT JURISDICTION

The present General Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the rules of jurisdiction in force.
GENERAL TERMS AND CONDITIONS OF SALE
This website is published by the seller, Morgane Lemarié, whose registered office is located at the following address BP 246 Colombier 97133 ST BARTHELEMY, and registered at 87815950800018.
The seller is not subject to VAT under Article 293 B of the CGI.
The following provisions are intended to define the general conditions of sale on the site Tawabart.com
The present general terms and conditions of sale (hereinafter “GTC”) define the contractual rights and obligations of the seller and its customer in the context of a distance and electronic sale of goods and products.
The T&Cs exclusively govern the relationship between the seller and the customer.
The GTC express the entirety of the obligations of the parties. The customer is deemed to accept them without reservation, otherwise his order will not be validated.
In case of doubt about any of the terms and conditions of sale, the practices in force in the sector of distance selling by companies whose registered office is in France and the Consumer Code shall apply.
The seller reserves the right to modify the GTC from time to time. The modifications will be applicable as soon as they are put online.

ARTICLE 1. CATALOG OR ONLINE STORE

Through the site, the seller provides the customer with a catalog or an online store that accurately presents the products sold, without the photographs having a contractual value.
The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the seller cannot be held responsible.
The products are offered within the limits of available stocks.
The prices and taxes related to the sale of products are specified in the catalog or online store.

ARTICLE 2. PRICES

The seller reserves the right to change its prices at any time by publishing them online.
Only the prices in force at the time of the order will apply, subject to availability of the products at this date.
The prices are indicated in euros (all taxes included) and do not take into account the expenses of fast delivery (DHL), which are invoiced in supplement. The standard delivery (La Poste Colissimo) is offered beyond 50 euros of order in the basket. Below 50 euros of order, the standard delivery fees with La Poste Colissimo are 10 euros. The delivery costs are indicated before validation of the order by the customer.
The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the products in the catalog or the online store. If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change may be reflected in the selling price of products.
The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form.
Depending on the country of destination, import taxes may have to be paid by the buyer upon receipt of the package in the country of destination. Tawabart.com could not be responsible if additional taxes are to be paid, it is advisable to the buyer to inform himself about the modalities of import tax of his country and if necessary to take them at his expense.
The payment of the totality of the price must be realized at the time of the order.

ARTICLE 3. ONLINE ORDERING

The customer has the possibility to fill in an order form online, by means of an electronic form. By filling in the electronic form, the customer accepts the price and the description of the products.
The customer will have to accept by clicking in the indicated place, the present general conditions of sale, so that his order is validated.
The customer must provide a valid e-mail address and a valid delivery address and acknowledges by these general conditions of sale that any exchange with the seller may take place through this address.
The customer will also have to choose the delivery method and validate the payment method.
The seller reserves the right to block the customer’s order in case of non-payment, wrong address or any other problem on the customer’s account until the problem is resolved.

ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER

This is an order with payment obligation, which means that the placing of the order implies a payment by the customer.

1.PAYMENT

The customer makes the payment at the time of the final validation of the order by specifying his credit card number.
The customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given to this effect is proof of his consent to the sale as well as to the due date of the sums due under the order.
The seller has set up a procedure for verifying orders and means of payment in order to reasonably guarantee against any fraudulent use of a means of payment, including by asking the customer for identification data.
In case of refusal of authorization of payment by credit card from the accredited organizations or in case of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is pending.

2. CONFIRMATION

Upon receipt of the validation of the purchase and the payment by the customer, the seller will send to the customer, on the e-mail address he has specified, confirmation of receipt of the order form and a copy of the contract to be printed.
The seller is obliged to send an invoice to the customer upon delivery.
The customer may request that the invoice be sent to another address than the delivery address by sending a request to this effect to the customer service department (see contact details below) before delivery.
In case of unavailability of a product, the seller will inform the customer by e-mail as soon as possible in order to cancel the order of this product and refund the related price, the rest of the order remaining firm and definitive.
The customer can always exercise his right of withdrawal within 14 days from the moment he was informed about the unavailability of the product.
For any question relating to the follow-up of an order, the customer will be able to contact the customer service at the following coordinates:
by e-mail to contact@tawabart.com

ARTICLE 5. ELECTRONIC SIGNATURE

In accordance with the provisions of Law No. 2000-230 of March 13, 2000, the online provision of the buyer’s credit card number and the final validation of the order are proof of the customer’s agreement, of the payability of the sums due under the purchase order, signature and express acceptance of all operations carried out.

ARTICLE 6. PROOF OF TRANSACTION

Communications, orders and payments between the customer and the seller can be proven thanks to computerized registers, kept in the computer systems of the seller in reasonable security conditions. The purchase orders and invoices are archived on a reliable and durable support considered, in particular, as a means of proof.

ARTICLE 7. METHOD OF PAYMENT

All payment methods available to the customer are listed on the seller’s website. The customer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, when placing the order.
Tawabart.com provides the following payment methods offered during the validation of the order on our site:
payment by credit card (Visa, Mastercard, Amex) or Paypal
payment by bank transfer
Payment by cash or check is not allowed on Tawabart.com.
If you have any questions about the payment method, please contact us by email at contact@tawabart.com

ARTICLE 8. DELIVERY

The delivery is made only after confirmation of the payment by the bank of the salesman.
The products are delivered to the address indicated by the customer on the online order form, the customer must ensure its accuracy.
Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer’s expense.
Except in case of force majeure, the delivery intervenes, according to the mode chosen by the customer, within the following times:
All our jewelry and accessories for sale on our website are handmade and come from St Barths, French West Indies.

– Standard delivery (La Poste): 6 to 30 days depending on the destination country

– Express delivery (DHL): 3 to 6 days, delivery cost calculated according to the weight and the country of destination during the validation of the order
The shipping time is calculated from the total receipt of payment by tawabart.com
In case of absence of the buyer at his address during the delivery, a notice of passage will be left with a deadline to be respected by the buyer to pick up the package at the post office indicated, in the case of the choice of standard delivery with the Post Office.

1.VERIFICATION OF THE ORDER

If at the time of delivery, the original packaging is damaged, torn, opened, the customer must check the condition of the products. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery note.
The customer must indicate on the delivery form, and in handwritten form, any anomaly concerning the delivery.
The customer shall, if necessary, inform the seller of his reservations in the following manner:
by e-mail to contact@tawabart.com

3. DELIVERY ERROR

In case of error of delivery and/or non-conformity of the products compared to the indications appearing on the purchase order, the customer formulates his complaint near the salesman the same day of the delivery or at the latest the first working day following the delivery.
The claim may be made in the following ways:
by e-mail to contact@tawabart.com
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the customer.

4. RETURN OF ORDER

The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, according to the following procedures:
Contact us at contact@tawabart.com specifying the product to return, following our prior validation by email return the product by mail within 14 days upon receipt of the package.
We recommend sending the package by Colissimo with an insurance / guarantee taken from the carrier of the package to avoid theft or loss of the returned package. Tawa B’Art could not be held responsible for the loss of the package by the carrier when returning the package.
Any complaint or return not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the customer.
Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. Return shipping costs are at the customer’s expense.

ARTICLE 9. PRODUCT GUARANTEES

The seller is responsible for the conformity of the products to the contract.
The customer may make a claim under the legal guarantee of conformity, in accordance with the provisions of Articles L. 211-4 of the Consumer Code, or under the guarantee of defects of Articles 1641 and following of the Civil Code.
It is indicated to the customer that the salesman is not the producer of the totality of the products presented within the meaning of the Law n° 98-389 of May 19, 1998 relating to the responsibility because of the defective products.

1. GUARANTEE OF CONFORMITY

The customer has a period of 2 years from the delivery of the product to implement the legal guarantee of conformity.
As such, he may choose between repair or replacement of the goods, under the conditions provided for in Article L. 211-9 of the Consumer Code.
The customer is not required to prove the existence of a lack of conformity, within 6 months (24 months as of March 18, 2016, except for used goods) following the date of delivery of the product.

2. WARRANTY OF DEFECTS

The customer, if he implements the guarantee of the defects envisaged in articles 1641 and following of the Civil code, will be able to choose between the resolution of the sale or a reduction of the price, and this in accordance with article 1644 of the Civil code.

3. COMMERCIAL GUARANTEE

The seller offers the customer a commercial guarantee covering the conformity of the products and ensuring in case of non-conformity the refund of the purchase price, the replacement or the repair of the product, for the following duration: one year on the jewels only.
This warranty does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
This warranty is not exclusive of the application of the warranties provided for in 9.1 and 9.2.
Our products are entirely natural and handmade. Also each piece of handicraft is different, in size, color or shape and can therefore vary slightly from the photos presented.

ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REFUND

In case of unavailability of an ordered product, the customer will be informed by e-mail.
The customer will have the possibility of cancelling his order and will have the choice between the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product of the same price and according to availability.

ARTICLE 11. RIGHT OF WITHDRAWAL

The customer can exercise his right of withdrawal and return of the product within 14 working days after delivery.
The customer will exercise his right of withdrawal by contacting the customer service:

by e-mail to contact@tawabart.com
After having communicated his decision to withdraw, the customer has 14 days from the date of delivery to return or restitute the goods, the carrier’s stamp being proof
Any withdrawal or return not made in the rules defined above and within the time limits could not be taken into account and releases the seller from any responsibility towards the customer.
The customer will be able to ask for the exchange or the refunding of the returned product, without penalty, except for the expenses of return or exchange which remain with its load.
The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.
Some products, because of their intrinsic quality, will not be subject to the right of withdrawal and will not be refunded, including but not limited to the products referred to in Article L. 121-21-8 of the Consumer Code namely:

  • any custom-made product;
  • any product that by its nature cannot be reshipped;
    The seller shall refund the customer the full amount paid, within 14 days of the recovery of the goods or the transmission of a proof of shipment of these goods.

ARTICLE 12. FORCE MAJEURE

The parties will be exonerated from their obligations in the event that a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code, prevents their execution. The obligations of the parties will be suspended.
The party invoking such a circumstance shall notify the other party immediately upon its occurrence and disappearance.
Are considered as cases of force majeure all facts or circumstances irresistible and unforeseeable, unavoidable and which could not be prevented by them, despite all efforts reasonably possible, defined as such by French jurisprudence and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the stoppage of telecommunications networks.
If the force majeure event lasts longer than three months, these terms and conditions may be terminated by the injured party.

ARTICLE 13. PARTIAL NULLITY

If one or more stipulations of the present general conditions of sale were to be declared null and void by application of the law, a regulation or a final decision of a French court, the other stipulations will keep all their force and their scope.

ARTICLE 14. APPLICABLE LAW AND COMPETENT JURISDICTION

The seller is installed in France in a stable and durable manner to effectively carry out his activity.
Therefore, the present GTC are subject to the application of French law, excluding the provisions of the Vienna Convention.
In case of dispute or claim, the customer will address in priority to the salesman to obtain a friendly solution.
In the absence of an amicable agreement, the customer, if he contracts as a consumer, may bring proceedings before the court of his choice and if he contracts as a professional, may bring proceedings before the court of the place of the seller’s registered office.
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The mediation entity retained is: CNPM – MEDIATION – CONSUMPTION. In the event of a dispute, you can file your claim on its website: http://cnpm-mediation-consommation.euor by post by writing to CNPM – MEDIATION – CONSOMMATION – 27 Avenue de la Libération 42400 SAINT-CHAMOND, FRANCE