GENERAL TERMS AND CONDITIONS OF USE AND SALE OF THE SITE NATHALIE TÔMA
I. GENERAL TERMS AND CONDITIONS OF USE
ARTICLE 1. LEGAL INFORMATION
Under Article 6 of Law No. 2004-575 of 21 June 2004 on trust in the digital economy, this article specifies the identity of the various stakeholders in the context of its implementation and monitoring.
The site https://nathalietoma.fr is edited by:
SASU TÔMAHÔM, whose registered office is located at the following address: 68 avenue de Flandre 59290 Wasquehal, and registered at 893652875.
Tel: +33669365255
E-mail address: contact@nathalietoma.fr.
The publication director of the site is: NGUEMTCHOUING TAMWO NATHALIE.
The site https://nathalietoma.fr is hosted by:
IONOS 1&1, based at the following address:
7, place de la Gare, BP 70109, 57200 Sarreguemines Cedex Phone number: +33970 808 911
ARTICLE 2. SITE LAYOUT
The purpose of https://nathalietoma.fr is to:
Online sale of clothing and accessories for women.
ARTICLE 3. CONTACT
If you have any questions or requests for information concerning the site, or if you report illegal content or activities, you can contact the publisher at the following e-mail address: contact@nathalietoma.fr or send a registered letter with acknowledgement of receipt to: SASU TÔMAHÔM – 68 avenue de Flandre 59290 Wasquehal
ARTICLE 4. ACCEPTANCE OF THE CONDITIONS OF USE
Access to and use of the site are subject to acceptance and compliance with these General Terms of Use.
The publisher reserves the right to modify, at any time and without notice, the site and the services as well as these terms and conditions, in particular to adapt to changes in the site by making new features available or deleting or modifying existing features.
The user is therefore advised to refer before any navigation to the latest version of the GTCU, accessible at any time on the site. In case of disagreement with the GTCU, no use of the site can be made by the user.
ARTICLE 5. ACCESS AND NAVIGATION
Access to the site and its use are reserved for adults. The publisher will be entitled to request a justification of the age of the user, by any means.
The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. Nevertheless, it may at any time suspend, limit or interrupt access to the site or to certain pages thereof in order to make updates, changes to its content or any other action deemed necessary for the proper functioning of the site.
The connection and navigation on the site https://nathalietoma.fr implies the unreserved acceptance of these General Conditions of Use, whatever the technical means of access and the terminals used.
These Terms and Conditions apply, as required, to any version or extension of the site on existing or future social and/or community networks.
ARTICLE 6. SITE MANAGEMENT
For the good management of the site, the publisher may at any time:
- Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user;
- Remove any information that may disrupt its operation or that violates national or international laws, or the rules of Netiquette;
- Suspend site for updates.
ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS
1. REGISTRATION
Access to certain services, including all paid services, is subject to user registration.
The registration and access to the services of the site are reserved exclusively to competent natural persons of full age, having completed and validated the registration form available online on the site https://nathalietoma.fr, as well as the present General Conditions of Use.
When registering, the user agrees to provide accurate, sincere and up-to-date information about his person and civil registration. The user will also have to regularly check the data concerning him in order to maintain its accuracy.
The user must therefore provide a valid e-mail address, on which the site will send him a confirmation of his registration for his services. An e-mail address cannot be used multiple times to register for services.
Any communication made by https://nathalietoma.fr and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to consult regularly the messages received on this e-mail address and to reply within a reasonable time if necessary.
Only one registration for the services of the site is allowed per physical person.
The user is assigned an username allowing him to access a space whose access is reserved to him ( hereinafter “Personal space”), in addition to the entry of his password.
The username is definitive, but the 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.
https://nathalietoma.fr reserves the right to refuse a request to register for the services in case of non-compliance by the user with the provisions of these General terms and Conditions of Use.
2. UNSUBSCRIBE
The regularly registered user may at any time request his unsubscribe by going to the dedicated page in his Personal Space. Any unsubscribe from the site will be effective immediately.
3. REMOVAL OF PERSONAL SPACE AT THE INITIATIVE OF THE SITE PUBLISHER
It is brought to the notice of the user that the publisher reserves the right to delete the personal space of any User who would contravene these terms of use and sale, and more particularly in the following cases:
- If the user makes unlawful 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.
In the event that the publisher decides to delete the user’s personal space for one of these reasons, this cannot constitute a damage to the user whose account has been deleted.
Such deletion shall not constitute a waiver of any legal proceedings which the publisher may undertake in respect of the user being in breach of these rules.
ARTICLE 8. RESPONSIBILITIES
The publisher is only responsible for the content that it has edited.
The publisher is not responsible for:
- In case of technical, informatics or site compatibility issues or failures with any hardware or software;
- Direct or indirect, material or intangible, foreseeable or unforeseeable damage resulting from the use or difficulties of use of the site or its services;
- Intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating there;
- Illegal content or activities using its site, without it having duly read it within the meaning of Law No. 2004-575 of 21 June 2004 for trust 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.
Moreover, the site cannot guarantee the accuracy, completeness, and timeliness of the information that is published there.
The user is responsible for:
- The protection of its equipment and data;
- The use he makes of the site or its services;
- If it does not respect the letter or the spirit of these GTCU.
ARTICLE 9. HYPERTEXT LINKS
The site may contain hyperlinks to other websites over which https://nathalietoma.fr has no control. Despite the prior and regular checks carried out by the publisher, he declines all responsibility for the contents that can be found on these sites.
The publisher authorises the establishment of hypertext links to any page or document of its site provided that the establishment of these links is not carried out for commercial or advertising purposes.
In addition, the prior information of the site editor is necessary before any hypertext link is set up.
Sites which publish information of an unlawful, violent, polemical, pornographic, xenophobic nature or which may affect the sensitivity of the greatest number are excluded from this authorisation.
Finally, https://nathalietoma.fr reserves the right to have a hypertext link pointing to its site deleted at any time, if the site deems it not in conformity with its editorial policy.
ARTICLE 10: CONFIDENTIALITY
In addition to these Terms and 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 to have also read the aforementioned privacy policy.
ARTICLE 11. INTELLECTUAL PROPERTY
The structuring of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force under the title of intellectual property.
Any representation, reproduction, adaptation or partial or total use of the contents, trademarks and services offered by the site, by any means whatsoever, without the prior, express and written permission of the publisher, is strictly prohibited and would be likely to constitute an infringement within the meaning of articles L. 335-2 et seq. of the Intellectual Property Code. With the exception of items expressly designated as rights-free on the site.
Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to any element of the site, which remain the exclusive property of the publisher.
The user is prohibited from entering data on the site that would modify or be likely to modify the content or appearance of the site.
ARTICLE 12. APPLICABLE LAW AND JURISDICTION
These General Terms and 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.
The site https://nathalietoma.fr wishes you a great navigation!
II. GENERAL TERMS AND CONDITIONS OF SALE
PREAMBLE
The site is edited by the seller, SASU TÔMAHÔM, whose registered office is located at the following address: 68 avenue de Flandre 59290 Wasquehal, and registered at 89365287500012.
Individual intra-Community identification number of the seller: FR81893652875
The following provisions define the general terms and conditions of sale on the website https://nathalietoma.fr
These General Terms and Conditions of Sale (hereinafter “GTCS”) define the contractual rights and obligations of the seller and his client in the context of a distance and electronic sale of goods and products.
The GTCS govern exclusively the relationship between the seller and the customer.
The GTCS express the full 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 one of the conditions of sale, the practices in force in the sector of the distance selling by companies whose registered office is in France and the Code of consumption apply.
The seller reserves the right to change the GTCS from time to time. The changes will apply as soon as they are posted online.
ITEM 1. CATALOGUE OR ONLINE SHOP
Through the website, the seller provides the customer with a catalogue or an online shop presenting accurately 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 may not be held liable accordingly.
Products are offered within the limits of available stocks.
Prices and taxes relating to the sale of the products are specified in the catalogue or online shop.
ARTICLE 2. PRICES
The seller reserves the right to change its prices at any time by publishing them online.
Only the current prices indicated at the time of the order will apply, subject to availability of the products on this date.
The prices are indicated in euros (excluding taxes and all taxes) and do not take into account delivery costs, which are charged in addition. 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 on the price of the products in the catalogue or online shop. If one or more taxes or contributions, in particular environmental ones, were to be created or modified, both upwards and downwards, this change may be reflected in the selling price of the products.
The total amount of the order (all taxes included) and shipping costs included, is indicated before final validation of the purchase order.
Payment of the entire price must be made at the time of the order.
ARTICLE 3. ONLINE ORDERING
The customer has the option of completing a purchase order online, using an electronic form. By completing the electronic form, the customer accepts the price and description of the products.
The customer must accept the present general terms and conditions of sale by clicking on the indicated place, in order for his order to be validated.
The customer must provide a valid e-mail address and delivery address and acknowledges by these general terms and conditions of sale that any exchange with the seller may take place via 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 default of payment, incorrect 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 a payment obligation, which means that the placing of the order implies 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 for this purpose is valid
proof of his consent to the sale as well as the liability of the sums due under the order.
In case of dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person may contest within 70 days from the date of the transaction by transmitting a claim in the following manner, so that the seller bears the costs of the sale and returns the disputed amount:
By e-mail to Customer Service: contact@nathalietoma.fr
Any dispute not carried out in the rules defined above and within the time limits set may not be taken into account and will release the seller from any liability.
The seller has put in place a procedure for checking orders and means of payment to guarantee it reasonably 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 on the part of 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 fully or partially settled a previous order or with which a payment dispute is pending.
2. CONFIRMATION
Upon receipt of the validation of the purchase and payment by the customer, the seller shall send the latter, on the e-mail address specified by him, confirmation of receipt of the purchase order.
The seller is obliged to send an invoice to the customer at the time of delivery.
The customer may request that the invoice be sent to an address other than the delivery address by sending a request to customer service (see contact details below) before delivery.
In the event of unavailability of a product, the seller will keep the customer informed 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 final.
The customer can always exercise his right of withdrawal within 14 days from the moment when the information concerning the unavailability of the product was sent to him.
For any question relating to the follow-up of an order, the customer can contact the customer service at the following coordinates:
By phone from Monday to Friday from 10am to 6pm on +33669365255
By e-mail to: contact@nathalietoma.fr
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law No. 2000-230 of 13 March 2000, the on-line supply of the buyer’s bank card number and the final validation of the order are proof of the customer’s agreement, of the due liability of the sums due under the purchase order, signature and express acceptance of all transactions carried out.
ARTICLE 6. PROOF OF THE TRANSACTION
Communications, orders and payments between the customer and the seller may be proved by means of computerised records, kept in the seller’s computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 7. METHOD OF PAYMENT
All payment methods made available to the customer are listed on the seller’s website. The customer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the placing of the order.
ARTICLE 8. DELIVERY
Delivery is made only after confirmation of payment by the seller’s bank institution.
The products available in stock are delivered as soon as possible.
Pre-ordered ready-to-wear products have a period of 3 weeks
Pre-ordered half measure products have a processing time of 4 weeks.
Delivery times vary according to the choice of delivery method and delivery destination.
The products are delivered to the address indicated by the customer on the online form valid purchase order, the customer must ensure its accuracy.
Any package returned to the seller due to an incorrect or incomplete delivery address will be redirected at the customer’s expense.
1. DELAY IN DELIVERY AND DENUNCIATION
In case of delay of delivery, the seller will inform the customer, which can denounce the contract and request to be reimbursed within 14 days from this denunciation.
The total refund of the product and the shipping costs, if any, is then made.
This denunciation of the contract must be addressed as follows:
By e-mail to: contact@nathalietoma.fr
Any denunciation not carried out in the rules defined above and within the given deadlines cannot be taken into account and will release the seller from any liability to the customer.
2. CHECKING THE ORDER
If at the time of delivery the original packaging is damaged, torn, opened, the customer must then 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 note, and in handwritten form, any discrepancies concerning the delivery.
The verification of the products shall be deemed to have been carried out when the customer, or a person authorized by him, has signed the delivery note.
The customer must, if necessary, inform the seller of his reservations in the following ways:
By e-mail to: contact@nathalietoma.fr
Any reservation not made in the rules defined above and within the time limits set may not be taken into account and will release the seller from any liability to the customer.
Upon receipt of the claim, the seller will assign an exchange number of the product(s) concerned and communicate it by e-mail to the customer.
3. DELIVERY ERROR
In the event of an error in delivery and/or non-conformity of the products with regard to the indications given on the order form, the customer shall lodge his complaint with the seller on the same day of delivery or at the latest on the first working day following delivery.
The claim may be made in the following manner:
By e-mail to: contact@nathalietoma.fr
Any claim not made in the rules defined above and within the time limits specified cannot be taken into account and will release the seller from any liability 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, as follows:
The customer must complete and send the return voucher of his customer account on the website https://nathalietoma.fr within 14 working days from the day following the date of receipt of the parcel by the customer.
The product must be returned within 14 working days from the date of dispatch of the return voucher by the customer.
The return costs are the responsibility of the customer.
The product must be returned to the following address:
TÔMAHÔM
68 avenue de Flandre
59290 WASQUEHAL
Any claim or return not made in the rules defined above and within the time limits set may not be taken into account and will release the seller from any liability to the customer.
Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. The return costs are the responsibility of the customer.
Products made at your request and personalized (half measure) on our site https://nathalietoma.fr cannot be returned and refunded .
ARTICLE 9. UNAVAILABILITY OF PRODUCTS AND REFUND
In case of unavailability of a product ordered, the customer will be informed by email.
The customer will have the possibility to cancel his order and will have the choice between the refund of the sums paid by him within 30 days at the latest of their payment, or the exchange of the product.
ARTICLE 10. RIGHT OF WITHDRAWAL
The customer may exercise his right of withdrawal and return of the product within 14 working days from the day following the date of receipt of the parcel by the customer.
The customer will assert his right of withdrawal by completing and sending the return voucher of his customer account on the site https://nathalietoma.fr
After having communicated its decision to withdraw, the customer then has 14 working days to return or return the goods.
Any withdrawal or return not carried out in the rules defined above and within the given time limits cannot be taken into account and will release the seller from any liability to the customer.
The customer may request the exchange or refund of the returned product. The return costs are borne by the customer. It is possible to make an exchange provided that the desired size is available. The cost of delivery of the exchanged product will be charged to the customer.
The return or exchange of the product can be accepted only for the products as a whole, intact and in their original state, in particular with a complete, intact and in state of sale packaging.
Some products, due to their intrinsic quality, may not be subject to the right of withdrawal and may not be refunded, in particular but not exclusively, the products referred to in article L. 121-21-8 of the French Consumer Code, namely:
The products made at your request and personalized (half measure) on our site https://nathalietoma.fr.
The Seller shall reimburse the Customer for all amounts paid, including standard delivery charges (unless the Customer has chosen a more expensive delivery method such as Express Delivery – DHL) within 14 days of Goods Recovery.
ARTICLE 11. FORCE MAJEURE
The parties will be exempt from their obligations, in the event that a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code, would prevent their execution. The obligations of the parties will be suspended.
The party invoking such a circumstance must immediately notify the other party of its occurrence and disappearance.
All irresistible and unforeseeable facts or circumstances which are unavoidable and which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French case law and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the shutting down of telecommunications networks.
If the case of force majeure lasts more than three months, the present general conditions may be terminated by the injured party.
ARTICLE 12. PARTIAL INVALIDITY
If one or more stipulations of these general conditions of sale were to be declared void by application of the law, a regulation or a final decision of a French court, the other stipulations will retain their full force and effect.
ARTICLE 13. APPLICABLE LAW AND JURISDICTION
The seller shall be established in France in a stable and lasting manner in order to carry on his activity effectively, whatever, in the case of a legal person, the place of establishment of his registered office.
Therefore, these GTCS are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.
In the event of a dispute or complaint, the customer will first contact the seller to obtain an amicable solution.
In the absence of an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings before the court of the place of registered office of the seller.