General Terms and Conditions of Sale
Sales being made on the Tomaok.com website are subject to the following general terms and conditions of sale.
It is specified that these general terms and conditions of sale govern the contractual relationship between the Company Tomaok, 13. rue de la poste – 67320 Berg and the natural or legal person purchasing products on the website www.Tomaok.com.
Article 1: Purpose and general provisions
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
These General Terms and Conditions apply to all sales of Products, made through the Company’s websites that are an integral part of the Agreement between the Buyer and the Seller. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The Terms & Conditions then applicable are those in force on the date of payment (or first payment in the case of multiple payments) of the order. The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares that he has read all these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Client acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Client declares that he is in a position to enter into a legal contract under French law or to validly represent the natural or legal person for whom he undertakes to do so. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Prices
2.1 – The prices of products sold through the websites are indicated in Euros and exclude specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time in the future. The telecommunication costs necessary to access the Company’s Internet sites are the responsibility of the Client. If necessary, also the delivery costs.
2.2- All transactions made on the site are in € (euro)
2.3 – The company reserves the right to change prices at any time without notice. However, only the rate in effect at the time the order is placed will be invoiced.
Article 3: Conclusion of the online contract
The Customer must follow a series of specific steps to each Product offered by the Seller in order to complete his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, where applicable, of its options and indication of the Customer’s essential data (identification, address, etc.); ➢ Acceptance of these General Terms and Conditions of Sale. ➢ Checking of the order elements and, if necessary, correction of errors. ➢ Follow-up of payment instructions and payment of products. ➢ Product delivery. The Customer will then receive confirmation by email of payment for the order. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purpose of the proper execution of the order, and in accordance with Article 1316-1 of the French Civil Code, the Client undertakes to provide its true identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies that he has received a detailed description of the delivery costs as well as the terms of payment, delivery and performance of the contract. The Seller undertakes to honour the Customer’s order within the limits of available Product stocks only. Failing this, the Seller shall inform the Customer.
This contractual information is presented in detail and in English. In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that illustrations or photos of products offered for sale have no contractual value.
Article 5: Retention of Title Clause
The products remain the property of the Company until full payment of the price.
Article 6: Terms of delivery
The products are delivered to the delivery address that was indicated when the order was placed. When the Customer orders several products at the same time, they may have different delivery times. In the event of damage to the package upon receipt, it is the Customer’s responsibility to notify the carrier of any reservations about the product and to refuse its receipt by issuing a report of an anomaly to your factor’s employee. We should be informed of this.
All kits are made by hand and to order, with a lead time of 2 to 7 days depending on the kit. Shipments are made from Monday to Friday except on public holidays.
Deliveries are made by very rigid Envelope with a tracking number of the Post Office for orders shipped in France and Worldwide.
The average delivery time posted by La Poste for a standard delivery in metropolitan France is 48-72 hours for France. As these deadlines are given as an indication and are not contractual, we can under no circumstances be held responsible for any delay related to the delivery planned by La Poste.
For International shipping the average delivery time is 7-20 days depending on the Country.
Shipping costs in France:
– Package 3,50 € whatever the quantity
– Free for all orders over 80 €
International Shipping Fees :
– Package 7 € whatever the quantity
– Free for all orders over 80 €
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks (stock of raw materials for the production of kits). In the event of unavailability of an item for a period exceeding 7 working days, you will be immediately informed of the expected delivery times and the order of this item can be cancelled on request. The Customer may then request a credit note for the amount of the item or its refund.
Article 8: Payment
Payment is due immediately upon order, including for pre-order products. The Customer can pay by credit card or Paypal. Secure online payment by credit card is made by our payment service provider STRIPE. The information transmitted is properly encrypted and none of this data is stored on our site or on the server hosting our site. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the payment undertaking given by card is irrevocable. By providing his bank details at the time of sale, the Customer authorises the Seller to charge his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to charge the card, the Sale is immediately cancelled by operation of law and the order cancelled.
Article 9: Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where applicable, of the return costs”. “The period referred to in the preceding paragraph shall run from the date of receipt for the goods or acceptance of the offer for the provision of services”.
The right of withdrawal can be exercised by contacting the Company as follows:
You must contact us by email or by registered mail with acknowledgement of receipt at the latest, within fourteen days of receipt of your order indicating your full name, the number of your order and the title of your item.
Any complaint made after this deadline will not be accepted.
You must return the items concerned to us no later than fourteen days after your request for withdrawal.
In case of exercise of the right of withdrawal within the above-mentioned period, only the price of the purchased product(s) will be refunded, the return shipping costs remain the responsibility of the Customer. Returns of products must be made in their original intact state, unused and complete (packaging, accessories, instructions…) so that they can be re-marketed in new condition; In the event that the returned items do not meet these criteria, we will not be required to validate the refund.
Article 10: Intellectual Property Rights
Trademarks, domain names, products, images, videos, texts, notices, designs and models, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these Agreements. Any total or partial reproduction, modification or use of these properties for any reason whatsoever is strictly prohibited.
All reproduction rights are reserved, including for downloadable documents.
Article 11: Force Majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 12: Invalidity and amendment of the contract
If one of the provisions of this contract is cancelled, this cancellation will not result in the cancellation of the other provisions that will remain in force between the parties. Any contractual amendment is only valid after a written agreement signed by the parties.
Article 13: Protection of personal data
In accordance with the Data Protection Act of 6 January 1978, you have the right to query, access, modify, oppose and rectify any personal data concerning you. Please refer to the cookies section. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company. You can unsubscribe at any time. All you have to do is contact us via the contact form on our website.
Article 14: Applicable law
All the clauses appearing in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.