General Conditions and Terms of Sale

GENERAL CONDITIONS AND TERMS OF SALE

These conditions of sale are concluded on the one hand by the individual company EI Thomas SALER-CAILLE N ° SIREN 510 812 480 identified under the name of Tom'Shop, located Rue Marcel Vollaud ZI OUEST 17700 Surgères, France and managing the site tomshop.fr and, on the other hand, by any natural or legal person wishing to make a purchase via the tomshop.fr website, hereinafter referred to as "the buyer".

SECTION 1 - PURPOSE

These conditions of sale aim to define the contractual relationship between the individual company EI Thomas SALER-CAILLE identified under the name of Tom'Shop and the buyer and the conditions applicable to any purchase made through the website tomshop.fr . The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale, which the buyer acknowledges having read. Before any transaction, the buyer declares to have full legal capacity, allowing him to engage under these general conditions of sale.
Tom'Shop retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.


SECTION 2 – GENERAL CONDITIONS

You understand that your content (excluding your credit card information) may be transferred unencrypted and that this includes (a) transmissions over multiple networks; and (b) changes made for the purpose of conforming and adapting to technical requirements of connecting networks or devices. Your credit card information is always encrypted when transferred over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – PRODUCTS OR SERVICES (if applicable)

The products offered are those which appear on the tomshop.fr site of Tom'Shop EI Thomas SALER-CAILLE, within the limits of available stocks. Tom'Shop EI Thomas SALER-CAILLE reserves the right to modify the assortment of products at any time. Each product is presented on the website in the form of a description containing its main technical characteristics (capacity, use, composition, etc.). The photographs are as accurate as possible but do not bind the Seller in any way. The sale of the products presented on the tomshop.fr site is intended for all buyers residing in countries which fully authorize the entry into their territory of these products.

We reserve the right, but are not obligated, to limit the sale of our products or Services to any particular person, geographic region or jurisdiction. We allow ourselves to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any product or service offer on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information or other materials you purchase or obtain will meet your expectations.

Some products available on tomshop.fr:

- may need up to 6 to 12 weeks to be made. We do our best to ensure this timeframe is met but are not bound by it. Orders are then dispatched as soon as possible via the chosen carrier.

- are not approved in France for use on public roads as they are for private use on closed roads, tracks etc... It is the responsibility of the user/buyer to find out about the terms and conditions and any legislation relating to the use of the products we offer for sale on tomshop.fr, according to their place of residence and/or the place they intend to make use of the product(s) in question. The user/buyer takes full responsibility for the use of the products purchased on tomshop.fr

SECTION 4 – PRICES

The prices appearing on the product sheets of the internet catalog are listed in Euros (€), VAT not applicable, article 293-B of the CGI. Tom'Shop, EI Thomas SALER-CAILLE, reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order. In mainland France, for any order greater than or equal to 200 euros including tax, shipping costs are free; for any order of less than 200 euros including tax, a lump sum contribution to the shipping costs will be invoiced to the buyer; the amount will be adapted according to the weight of the order.

SECTION 5 – ORDERS AND TERMS OF PAYMENT

The tomshop.fr site offers buyers the possibility of ordering and paying for their products in several stages and allows them to:

- add products to their basket and view the total price of their order,

- check and/or correct the content of his order before validating it,

- confirm your order

Methods of payment by credit card (via the Shopify Payments system - PAYPAL):
the buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references…), informs the delivery address. Then, the shipping costs are calculated and submitted to the buyer. Then, the buyer chooses the payment method of his choice: "Payment by credit card". The next step offers him to check all the information, then invites him to validate his order by clicking on the "Pay now" button. If the payment is accepted, the order is recorded and the contract definitively formed. Payment by credit card is irrevocable. In case of fraudulent use of it, the buyer may demand the cancellation of the payment by card, the sums paid will then be credited or returned.

The confirmation of an order entails acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation of availing oneself of its own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation of the registration of his order will be sent to the buyer by e-mail.
If the buyer wishes to contact Tom'Shop, he can do so either by post to the following address: Tom'Shop Rue Marcel Vollaud ZI Ouest 17700 Surgères, France; or by email at the following address: tomshop.garage@gmail.com

ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the email address and/or billing address or telephone number provided at the time of ordering. . We reserve the right to limit or prohibit orders that we believe appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you as needed.


SECTION 6 – THIRD-PARTY LINKS

Certain content, products and services accessible through our Service may include materials from third parties.

Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are under no obligation to review or evaluate their content or accuracy, nor do we warrant or assume any responsibility for the content or websites, or other content, products or services from third party sources.

We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content or any other transaction related to these third-party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to those same third parties.

SECTION 7 - RETENTION OF OWNERSHIP

The sole proprietorship Tom'Shop EI Thomas SALER-CAILLE retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included.

SECTION 8 - WITHDRAWAL PERIODS, RETURNS AND REFUNDS

Under Article L121-20 of the French Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal (cooling off period) and thus return the product to the seller for exchange or refund without penalty, except for return shipping costs. This policy is only applicable for purchases/sales made in Europe.
All products for sale on the tomshop.fr site benefit from this right of withdrawal, excluding personalized products which will therefore not be reimbursed (except for a specific agreement established between Tom'Shop and the buyer). You will find a model withdrawal form at the bottom of this page.

If more than 14 days have passed since the day after you received your purchase, unfortunately we cannot offer refunds or exchanges.

To be eligible for a return, your item must be unused and in the condition you received it. It must also be in its original packaging.

To complete your return, we require a receipt or proof of purchase.

In some cases, only partial refunds are granted: (if applicable)
*Any item that is not in its original condition, damaged or missing parts for a reason not due to our error.
* Any item returned more than 14 days after delivery
* Any item noted as a "gift" and offered previously

- Refunds (if applicable)
Once your return has been received and inspected, we will email you to let you know that we have received the returned item. We will also let you know if your refund is approved or declined.
If approved, your refund will then be processed and your original credit card or payment method will be automatically credited within a few days.

- Delayed or missing refunds (if applicable)
If you haven't received a refund yet, double-check your bank account first.
Then contact your credit card company, as it may take some time for your refund to appear officially.
Then contact your bank. Posting a refund is often preceded by a processing time.
If you have completed all of these steps and still have not received your refund, please contact us at tomshop.garage@gmail.com.

- Exchanges (if applicable)
We only replace items that were originally defective or damaged. If you need to replace yours with the same item, email us at tomshop.garage@gmail.com and send your item to: Rue Marcel Vollaud, Tom'Shop ZI OUEST, Surgères, 17700, France.

- Dispatch
To return your product, you must send it to the following postal address: Rue Marcel Vollaud, Tom'Shop ZI OUEST, Surgères, 17700, France.

The shipping costs associated with returning your item are your responsibility. They are not refundable. If you receive a refund, the cost of return shipping will be deducted.

Depending on where you live, the time it takes to receive your exchanged product may vary.

If you are shipping an item worth more than €75, we recommend using a trackable shipping service or insuring your shipment. We do not guarantee that we will receive the returned item.

SECTION 9 - DELIVERY

Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Orders are made by carriers including La Poste via COLISSIMO, delivery service with tracking, delivery with or without signature. Delivery times are given for information only. Tom'Shop will be able to provide the buyer with the tracking number for their package by e-mail. The buyer is delivered to his home by his postman. In the event of the buyer's absence, he will receive a delivery notice from his postman, which allows him to withdraw the products ordered from the nearest post office, for a period indicated by the postal services. The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of Tom'Shop. The buyer is required to check, in the presence of the La Poste employee or the deliverer, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.

CUSTOMS, DUTIES AND TAXES
Tom'Shop is not responsible for any customs/import fees/taxes related to orders placed on its website tomshop.fr
Tom'Shop shall in no case be held responsible for any extra costs, fees and/or other taxes relating to the purchase and export/import of an order. These costs and/or taxes remain entirely the responsibility of the buyer. Tom'Shop has not control over these charges and cannot predict what they may be.

 

SECTION 10 - WARRANTY

All products supplied by Tom'Shop benefit from the legal guarantee provided for by articles 1641 and following of the French Civil Code. In the event of non-compliance of a product sold, it may be returned to Tom'Shop which will take it back, exchange it or refund it. All complaints, requests for exchange or refund must be made by post to the following address: Tom'Shop Rue Marcel Vollaud ZI OUEST 17700 Surgères, France within thirty days of delivery.

SECTION 11 - GOVERNING LEGISLATION & DISPUTE RESOLUTION

These distance selling conditions are subject to French law. For all disputes, we will always give priority to reaching an amicable agreement. It is also possible to resolve the dispute by calling on a mediator.
Alternatively, you can use the European online dispute resolution platform (ODR) at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

If necessary, the competent Court will be the Commercial Court of La Rochelle (Charente-Maritime, 17000).

SECTION 12 - LIABILITY

Tom'Shop, in the distance selling process, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.

In no event shall Tom'Shop and its prospective partners be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages, including but not limited to loss of profits, revenue, savings or data, replacement costs or other similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or any service or product using the Service, or any other claim related in any way to your use of the Service or any product, including, but not limited to, errors or omissions in any content, or any loss or damage arising from the use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions, relating to descriptions, pricing, promotions, offers, shipping charges, delivery times and product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, even to cancel orders if any information in the Service or on any related website is inaccurate, and this, at any time without notice (including after you have placed your order).

We are under no obligation to update, change or clarify any information set forth in the Service or on any related website, including but not limited to price information, except as required by law. No specific update or refresh date applied to the Service or any related website can be set to indicate that all of the information offered in the Service or on any related website has been modified or updated.

SECTION 14 – SEVERABILITY

In the event that any provision of these Terms of Sale is held to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Sale, without this judgment affecting the validity and applicability of the other provisions.

SECTION 15 – ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision.

Any ambiguity as to the interpretation of these Terms of Sale shall not be construed against the drafting party.

-------------------------------------------------- ------------------------------------------------

Model standard letter for consumer withdrawal in the case of a distance contract (online sale).

Letter to be sent by registered mail with acknowledgment of receipt to Tom'Shop, Rue Marcel Vollaud, ZI OUEST 17700 Surgères, France.

Consumer's first and last name
His address
ZIP code

Recipient: Tom'Shop EI Thomas SALER-CAILLE
Address: Tom'Shop, Rue Marcel Vollaud, ZI OUEST 17700 Surgères, France


At ..., on ... (date of letter)

Dear,

On ... (indicate the date appearing on the order form), I ordered ... (designation of the object: for example the collection of DVDs, the armchair...) which you delivered to me ( or that I received) on ... (date).

In accordance with article L. 221-18 of the consumer code, I exercise my right of withdrawal.

Consequently, please return to me as soon as possible and at the latest within 14 days of receipt of this letter, the sum of ... euros that I paid you when placing my order, in accordance with the provisions of article L. 221-24 of the consumer code.

Please find attached (indicate the returned object) that I am returning to you.

Please accept, Madam, Sir, the expression of my distinguished sentiments.

Signature