General terms and conditions of sale Barashopping Tahiti

 

 

The shops must mention on their website a lot of legal information.

 

 

 

 

 

Legal mentions: an obligation to be borne by all e-traders

 

 

 

 

 

Section 6 of the LCEN obliges the Publisher of the Shop to include its legal information, contact information, the name of the Director of the publication and the information relating to the accommodation provider.

 

 

 

Article 19 of the LCEN imposes on any person who sells an offer of products or services online to display its legal mentions. This is all information about his identity and contact details. This obligation concerns the trader of the Shop, insofar as he is himself a salesman.

 

 

BARASHOPPINGTAHITI.COM IS A SERVICE OF SMART TECH CONSULTING TAHITI

 

 

 

Headquarters:

 


BP 71665 TARAVAO

 

98719 TAHITI

 

FRENCH POLYNESIA

 

 

 

These terms and conditions are not applicable to products sold on the Shop

 

 

 

 

 

 

 

 

1. General terms and conditions of use buyers

 

preamble

 

The BARASHOPPING Tahiti online shop is a service offered by Smart Tech Consulting Tahiti.

 

SMART TECH CONSULTING TAHITI sets up, on www.barashoppingtahiti.com (hereafter the "site"), an online Shop allowing major buyers (hereafter "buyers" or "you"), after registering, to purchase products (hereinafter the "products") offered at a firm price (hereinafter the "service").

 

In order to use the service, the purchaser must agree to abide by these general terms and conditions of purchaser (hereinafter the "purchaser CGU") without restriction or reservation. This acceptance is materialised by a click of validation when registering on the service.

 

The sales made through the service between the buyers and the sellers are governed by the General conditions of sale of the service (hereinafter the "GTC"), which must also be accepted by the purchaser at each purchase, they complete the present CGU purchaser.

 

BARASHOPPINGTAHITI.COM invites you to take note of the GTC by clicking on the general terms and conditions of sale.

 

1. purpose

 

The purpose of the present CGU purchaser is to define the conditions under which BARASHOPPINGTAHITI.COM makes available to purchasers, as part of the service, technological tools used to purchase products from sellers.

 

2. service description

 

The service consists of a set of tools allowing buyers to register on the site, to connect with the sellers in order to place orders of products, to set the price of the products, to confirm the receipt of the products and communicate with each other using a messaging tool made available to them.

 

It also incorporates a scoring system allowing the buyer to assess the quality of his relations with the sellers.

 

Transactions made via the service for the purposes of the purchase of the products are concluded directly between the purchaser and the seller. BARASHOPPINGTAHITI.COM is in no way reseller of the products offered by the sellers through the service. Thus, products purchased via the service may not be returned or exchanged by BARASHOPPINGTAHITI.COM or by the shops of the company or group.

 

In the event of non-compliance with these terms and conditions of use purchaser, BARASHOPPINGTAHITI.COM reserves the right to discontinue temporarily or definitively the access to the service to the buyer concerned.

 

Each purchaser undertakes to conclude the purchases in good faith.

 

3. access to the service

 

Access to the service by buyers is reserved for strictly personal use. When using the service, the purchaser declares to act privately.

 

In addition to the acceptance of these purchaser terms and conditions, access to the service is subject to the opening of an account on the site. You need to provide the data for your identification. When you open this account, you agree to provide only accurate information and then inform BARASHOPPINGTAHITI.COM without delay of any changes affecting them, using the messaging tool made available to you as part of the service.

 

To use the service, you must use the username and password created when you open your account. You agree to keep them secret and not disclose them to any third party. In fact, you will be solely responsible for access to the service through your username and password, unless proof of fraudulent use that you would not be attributable to you.

 

In the event of loss, misuse or fraudulent use of your username and/or password, you agree to notify BARASHOPPINGTAHITI.COM customer service immediately.

 

4. service price

 

The opening of an account and the use of the service are free (excluding any costs of the connection, the price of which depends on your electronic communication operator), without obligation to purchase on the site. Only the purchase of products from sellers is payable, under the conditions stipulated in the GTC.

 

5. personal data

 

The information and data concerning you are processed by BARASHOPPINGTAHITI.COM, they are necessary to manage your account and your access to the service. The information necessary for the delivery will be transferred to the seller for this purpose only.

 

For more information about your personal data please visit the " data protection " page.

 

6. intellectual property

 

6.1-all texts, commentaries, works, illustrations, works and images reproduced or represented on the site are strictly reserved for the purposes of copyright and intellectual property, for the duration of protection of these rights and for the whole world. As such and in accordance with the provisions of the intellectual property code, only the use for private use, subject to different or even more restrictive provisions of the intellectual property code, is permitted. Any reproduction, representation, modification or total or partial adaptation of the site and/or of all or part of the elements found on the site or incorporated therein is strictly forbidden.

 

6.2-the company names, trademarks and distinctive signs reproduced on the website are protected under the trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly forbidden and must be the subject of prior written authorisation from the proprietor of the mark.

 

6.3-certain products are subject to personal and specific rights of use regulating copies, public broadcasts, rentals etc. You must comply with the contractual terms and conditions applicable to these products and BARASHOPPINGTAHITI.COM shall not be responsible for any uses that may be made of these products in this context.

 

7. responsibility

 

BARASHOPPINGTAHITI.COM's liability to the purchaser may be incurred only for facts which would be directly attributable to him and which would cause him or her harm directly related to those facts. It cannot be hired for indirect damages. Nor can BARASHOPPINGTAHITI.COM's liability be incurred as a result of the purchaser's misuse of the service or any fault on its part. It can no longer be hired on the basis of facts attributable to a third party to the service.

 

In addition, in accordance with article 6-I, 2 and 3 of law No. 2004-575 of 21 June 2004 for confidence in the digital economy, BARASHOPPINGTAHITI.COM cannot be held liable for the content made available on the site by buyers or the sellers, in particular with regard to the description of the products or the appraisals which the buyers make of the sellers, unless it made them not promptly inaccessible after being informed of their wrongfulness under the conditions laid down by This law.

 

Finally, BARASHOPPINGTAHITI.COM declines all responsibility with respect to the sales that buyers conclude through its service with the sellers, to which it remains foreign. Any complaint relating to the comments appearing on the product description or the deliveries of the products will be redirected to the designated seller, who shall assume the full and sole responsibility for this.

 

The purchaser is solely responsible for its use of the service, including the appraisals it makes on the site, and undertakes to guarantee at first request to indemnify and compensate BARASHOPPINGTAHITI.COM for any damage, loss, lost profits, that BARASHOPPINGTAHITI.COM could suffer if its liability was incurred by a third party, due to an action related to this use of the service by the purchaser.

 

8. partial invalidity

 

If one or more stipulations of these purchaser TOU are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other stipulations shall retain all their force and their scope.

 

9. applicable law and treatment of claims under the service-online dispute resolution.

 

The present CGU purchaser is subject to French law. Any dispute relating to their interpretation and/or execution is the responsibility of the French courts.

 

Online dispute resolution platform: in accordance with article 14 of Regulation (EU) no 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent settlement by way of extrajudicial Online litigation between consumers and professionals in the European Union.

 

This platform can be accessed at the following link: https://WebGate.EC.europa.EU/ODR/

 

 

2. General terms and conditions of sale

 

preamble

 

The present general conditions of sale (hereinafter the "GTC") apply in addition, as far as buyers are concerned, of the buyers ' TOU, in which the capitalized terms used in these GTC are defined.

 

The GTC shall apply to all sales of products made through the service between the seller and the purchaser. They are intended to govern the relationships between sellers and buyers of products, excluding those that are forged between buyers and BARASHOPPINGTAHITI.COM. The relationships between buyers and BARASHOPPINGTAHITI.COM are governed by the buyer's TOU.

 

 

1. conclusion of the contract of sale between the purchaser and the seller

 

1) the products are presented on the site with a description which makes the purchaser able to know their essential characteristics, their price and the delivery time of the product.

 

2) the purchaser selects the product or products he or she wishes to purchase.

 

3) he confirms his choice of product (s) and takes notice and accepts these GTC when validating his order.

 

4) the purchaser receives an email confirming the registration of his order.

 

5) the seller is informed that one or more of the products that he has put on line has been the subject of an order.

 

6) the seller undertakes to confirm the buyer's order (s) within 2 working days following the information received as referred to in point 5).

 

In the absence of confirmation of the order within the time limit referred to in point 6), the contract concluded between the purchaser and the seller shall be automatically cancelled and each Party shall be relieved of its obligations. In particular, the purchaser is assured that his bank account will not be debited.

 

The seller's product offerings are valid as long as they are visible on the site, within the limits of available stocks. In General, in the event of an exceptional unavailability of product after placing the order of the purchaser, the seller will inform the purchaser using the courier tool made available as part of the service and the order shall be automatically cancelled and the purchaser is assured that his bank account will not be debited.

 

Likewise, in the particular case where the same product is the subject of an order by several buyers at a time, and depending on the availability of this product (pénurique, unique, second-hand product), it will only be sold to the first purchaser who records his order. The other buyers will be informed of the cancellation of their order.

 

However, only the contract relating to the sale of the product (s) not available is subject to this cancellation.

 

7) once the order has been confirmed by the seller, an email is sent to the purchaser to confirm and summarize his order and the general terms and conditions of sale (accessible in PDF format) and the seller takes the firm commitment to deliver the Products within the prescribed period and the bank account of the purchaser is debited from the amount of the order.

 

8) in the event of confirmation of all or part of the buyer's order, such products shall be dispatched by the seller in accordance with the conditions laid down in article 3.

 

9) the purchaser must promptly confirm in "my account" the correct receipt of each ordered product. Failing that, the product will be deemed to have been received within 21 days from the debit date of its bank account.

 

This clause is without prejudice to the provisions of articles L. 217-4 and following of the consumer code referred to in the annex, the purchaser having the possibility, at any time, to contact the seller, to send any request, claim relating to the Products ordered using the courier tool made available as part of the service.

 

10) the purchaser is invited to assess the performance of the seller in accordance with the terms set out in article 7.

 

2. price and payment

 

The purchase price of the product is fixed by the seller. It is mentioned in Pacific francs TTC on the descriptive sheet, but excluding delivery costs, the latter being added before the validation of the following order either the scale specified in article 3 below or the scale indicated by the seller on the card Descriptive.

 

As a reminder, the fact for the purchaser to validate his order implies the obligation to his charge to pay the price indicated.

 

The payment of purchases made through the service may be carried out in accordance with the means of payments indicated in the "means of payment" section of BARASHOPPINGTAHITI.COM, which collects the corresponding amount, in the name and on behalf of the salesman.

 

Payment in 4 or 6 or 12 times is available on the website under condition.

 

 

3. shipping modes and charges

 

The following terms of delivery are proposed, under the conditions set out below, to the purchaser:

 

delivery in follow-up

 

delivery against signature

 

The delivery is made to the buyer's choice according to the parameters offered to him by the sellers.

 

Seller may refuse to deliver the ordered product in normal mode regardless of the price of the product. In this case, it expressly refers to this reservation on the description associated with the product. Failing this, the criteria for selecting the delivery terms referred to in the preceding paragraphs shall be applied.

 

The seller undertakes to send to the purchaser the ordered product (s) within 15 working days advise following the date of the order confirmation; Seller making the firm commitment to ship the products within the prescribed time limit. The products are delivered to the address indicated by the purchaser in "my account", and forwarded in the conditions which he has chosen when ordering. It is therefore the purchaser's sole responsibility to ensure that the information he communicates to BARASHOPPINGTAHITI.COM for this purpose is and remains correct and that it will allow him to receive the products he buys from the site. The products travel at the seller's expense and risk. From the moment the purchaser takes physical possession of the ordered products, the risks of loss or damage to the products are transferred to him.

 

Reserves

 

Upon receipt of the ordered product (or products), the purchaser must notify the carrier, the seller using the courier tool made available as part of the service and by any other means any reservations on the delivered product (for example: parcel damaged, already open...).

 

The seller will inform BAR A SHOPPING TAHITI accurately of the dispatch of each order (if the buyer's order has been dispatched in several shipments, the seller will specify to BARASHOPPINGTAHITI.COM which part of the order has been sent) through a seller account. In the absence of such information, BARASHOPPINGTAHITI.COM may cancel the transaction concerned.

 

4. right of withdrawal

 

In accordance with the legal provisions in force, in the context of a purchase made with a professional seller, the purchaser has a period of 7 days from the receipt of the product (s) ordered to exercise, with the seller, his right without having to justify reasons or to pay a penalty.

 

In the case of orders containing several products passed to the same seller, this period of 7 days runs from the date of receipt of the last product.

 

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be refunded the remaining costs of the buyer's charge.

 

Returns are to be carried out in their original condition and complete (packaging, accessories, instructions...) in a packaging identical to that used during the expedition allowing their recommercialisation.

 

Returns must also be accompanied by a proof of purchase of a copy of the invoice or purchase delivery voucher for optimized management.

 

In accordance with the regulations in force (article L221-28 consumption code), the right of withdrawal cannot be exercised for

 

audio, video or computer software recordings unsealed after delivery.,

 

supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

 

provision of a newspaper, periodical or magazine, except for contracts for the subscription of such publications;

 

The purchaser exercises his right of withdrawal directly from the seller concerned using the

 

the standard form of withdrawal enclosed in the annex to be sent to the seller at the address which he will indicate during their exchanges via the courier tool made available as part of the service

 

or by any means and in particular by mail expressing the buyer's willingness to withdraw without any ambiguity, and mentioning the order concerned by this retraction using the courier tool made available to him as part of the service.

 

Once the form or the Declaration of withdrawal is sent to the seller, the purchaser must return the product (or products concerned) to the seller within a reasonable time and, at the latest, within 14 days following the communication to the seller of the buyer's decision to retract.

 

The purchaser shall return the product (or products) to the address indicated by the seller using the courier tool made available as part of the service.

 

Refunds of returned products are made by BARASHOPPINGTAHITI.COM under the following conditions:

 

BARASHOPPINGTAHITI.COM will reimburse the amounts paid (including delivery charges; no later than 14 days from the date on which the duty was exercised with the seller and that BARASHOPPINGTAHITI.COM has been informed; depending on the same payment method as the one used for the order, this repayment date may be deferred until recovery of the product or until the purchaser has provided the seller and BARASHOPPINGTAHITI.COM with a proof of shipment of the The date chosen is that of the first of these facts.

 

The reimbursement of purchases made by virtual gift vouchers will be done exclusively in the form of virtual gift vouchers for an amount identical to that paid in this form. No refunds will be accepted for any reason.

 

5. litigation-disputes-mediation-online dispute resolution

 

5.1 claims processing

 

At any time, the purchaser has the possibility to contact the seller, to send any request, claim relating to the products ordered using the courier tool made available within the framework of the service in particular to assert its guarantees when they are in progress.

 

In addition to the messaging tool, it is made available a dedicated button allowing any buyer to report in "my account", within a period of 90 days, any claim concerning the products ordered, (eg: product not received, etc.).

 

Beyond these deadlines, the purchaser retains the possibility to contact the seller, to formulate any request relating to the products ordered using the courier tool made available as part of the service.

 

Disputes are settled directly between the purchaser and the seller, if necessary using the courier tool made available to them on the service.

 

The buyer and the seller will make their best efforts to reach the amicable resolution of the dispute.

 

However, in the event that the seller has not resolved the dispute between the buyer and the purchaser within 8 working days of receipt of the claim, BARASHOPPINGTAHITI.COM reserves the right, after having previously informed the seller, to refund the product to the customer. The amount of this refund will then be deducted from the sums to be paid by BARASHOPPINGTAHITI.COM to the seller for the products sold by the seller via the service.

 

As the case may be, the dispute declared will result in either the return of the ordered product or the refund.

 

5.2 online dispute resolution platform:

 

In accordance with article 14 of Regulation (EU) no 524/2013, the European Commission has put in place a platform for online dispute resolution, facilitating the independent settlement by way of online disputes between consumers and professionals in the European Union.

 

This platform can be accessed at the following link: https://WebGate.EC.europa.EU/ODR/

 

6. guarantees

 

In accordance with the legal provisions in force relating to the conformity of the property to the contract or to the latent defects (referred to in the box below and whose texts are recalled in the annex to these GTC) the defective products (without this being due to Purchaser) or not corresponding to the order will be refunded or exchanged at the buyer's option.

 

The products must be returned to the seller in the State in which they were received with all the elements (accessories, instructions...) in a package allowing transport in good conditions.

 

In this context, the shipping costs will be refunded to the buyer on the basis of the invoiced price and the return costs will be borne by the seller.

 

Reimbursement will be made by re-credit of the means of payment used when ordering.

 

Reimbursement of purchases made by virtual gift vouchers and will be carried out exclusively in the form of virtual gift vouchers for an amount identical to that paid in this form. No refunds will be accepted for any reason. These guarantees are without prejudice to the right of withdrawal provided for in article 4.

 

It is recalled that within the framework of the legal guarantee of conformity, the purchaser:

 

has a period of 30 days from the issuance of the property to act with respect to its seller;

 

may choose between the repair or replacement of the property, subject to the cost conditions laid down in article l. 217-9 of the consumer code;

 

is exempt from reporting evidence of the existence of the property's failure to comply during the six months following the issuance of the property. This period is increased to 12 months from October 16, 2019, except for second-hand goods.

 

The legal guarantee of conformity applies irrespective of the commercial guarantee which may cover your property. It is recalled that the purchaser may decide to implement, with respect to his seller, the guarantee against the hidden defects of the sold thing within the meaning of article 1641 of the civil code and that in this case he can choose between the resolution of the sale or a redu the sale price in accordance with article 1644 of the civil code.

 

7. evaluation of sellers

 

BARASHOPPINGTAHITI.COM makes available to buyers the means by which they can evaluate the performance of the sellers at the end of the confirmation of the receipt of the ordered products. This transparency allows buyers to select products from the most serious sellers and who best respect the terms of use of the service.

 

The assessment is carried out according to evaluation criteria and by the attribution of Star (s) by the buyers. As such, BARASHOPPINGTAHITI.COM does not ensure any control over the appreciation made by the buyers, which it merely stores on the site. However, it may be required to remove, without notice, any assessment whose content has been reported to be unlawful. The evaluations left by the purchaser, as well as his pseudonym, will be visible to any visitor of the site.

 

8. personal data

 

In addition to article 5 of the buyer's TOU and article 8 of the sellers ' TOU, the purchaser and seller are informed that all data collected as part of the service when placing orders are processed by BARASHOPPINGTAHITI.COM to for the processing of such orders.

 

The purchaser's information and data relating to the delivery are transmitted by BARASHOPPINGTAHITI.COM to the sellers for the sole purpose of allowing them to ship the ordered products. Under no circumstances can they be used for any other purpose.

 

In case of difficulty concerning the processing of this data, the buyer will contactyou directly to BARASHOPPINGTAHITI.com, under the conditions laid down, as the case, in the CGUpurchaserr.

 

Each seller only has access to the personal data provided by the buyers of his products to BARASHOPPINGTAHITI.COM when ordering.

 

The sellers undertake to ensure the security of the personal data which they retain for the purposes of the realization and the follow-up of the orders.

 

9. securing

 

The site is the subject of a security system: BARASHOPPINGTAHITI.COM has adopted the SSL encryption process but has also strengthened all the interference and encryption processes to protect as efficiently as possible all sensitive data related to the means of payment used on the site.

 

10. partial invalidity

 

If one or more stipulations of these GTC are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other stipulations shall retain all their strength and any their scope.

 

11. applicable law

 

These general terms and conditions are subject to French law. Any dispute relating to their interpretation and/or execution is the responsibility of the French courts.

 

Annex 1

 

Article L. 217-4 consumer code

 

The seller is obliged to deliver a good in accordance with the contract and complies with the defects of conformity existing during the issuance. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it has been put to its charge by the contract or has been carried out under its responsibility.

 

Article L. 217-5 consumer code

 

The property complies with the contract:

 

1. If it is specific to the usual expected use of a similar good and, where applicable:

 

(o) if it corresponds to the description given by the seller and possesses the qualities which it has presented to the purchaser in the form of a sample or a model;

 

(o) whether it presents the qualities that a purchaser may legitimately expect in relation to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

 

2. or if it presents the characteristics defined by common agreement by the parties or is specific to any special use sought by the purchaser, brought to the knowledge of the seller and which the latter has accepted.

 

Article L. 217-12 consumer code

 

The action resulting from the lack of conformity is prescribed by two years from the issuance of the property.

 

Article L. 217-16 consumer code:

 

Where the purchaser requests the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days In addition to the remaining warranty period. This period runs from the request for intervention of the purchaser or the provision for repair of the property in question, if this provision is after the request for intervention.

 

Article 1641 Code civil

 

The seller is bound by the warranty for the hidden defects of the sold thing which make it unfit for the use to which it is intended, or which diminish so much this use, that the purchaser would not have acquired it, or would have given only a lesser price, if he had Known.

 

Article 1648 paragraph 1 civil code

 

The action resulting from the defects must be brought by the purchaser within two years from the discovery of the defect.

 

Annex 2 – withdrawal form

 

Please complete and return this form only if you wish to withdraw from your order placed with the seller as part of the service provided by BARASHOPPINGTAHITI.COM.

 

To the attention of [vendor name (*)................................................... – service.................................................

 

Seller's address (*)........................................................

 

(e-mail: from the seller....................................................).

 

I/we (* *) notify you/notify (* *) hereby my/our (* *) withdrawal from the contract relating to the sale of the property/(*) below:

 

Ordered the............................................/received on.......................................................................... (*)

 

Name of purchaser (s):...........................................................................

 

Address of purchaser (s):...........................................................................

 

Signature of buyer (s) (only in case of notification of this form on paper):

 

Date : ..........................................................................

 

(*) In order to optimise the return, we advise you to confirm this information with the seller via the courier tool made available as part of the service.

 

(**) Scratch the useless mention