These General Terms and Conditions of Sale (hereafter "GTC") are agreed exclusively between (1) the company TTNB, registered with the Paris Trade Registry under number 492612148, and whose headquarters are based at 90 rue d’Assas, 75006 Paris, in its capacity as site editor for tilamarch.fr and tilamarch.com, in distance sales of products, as exclusive holder of the TILA MARCH brand's (hereafter "the brand") web operating licence and (2) any individual making a purchase on thesite tilamarch.fr or tilamarch.com (hereafter, the "Customer").
The Customer formally declares herein that they are an individual, a natural person, neither professional nor a trader, that they are an adult or have parental consent and that they have full and entire legal capacity to contract and place an order online on the site Tilamarch.fr or tilamarch.com (hereafter, "the Site")
The Customer and the Site agree together that their relationship is bound exclusively by these General Terms and Conditions.
In view of this, the Customer recognises that any order confirmed by "double click" implies the irrevocable acceptance of these General Terms and Conditions. This Customer confirmation associated with the authentication and non-repudiation and protection of the integrity of messages is deemed a clear manifestation of the unequivocal will of theParties thus deemed signatories of the distance sales deed.
Tila March reserves the right to adapt or amend these General Terms and Conditions at any time. Each order shall be deemed agreed in accordance with the GTC in force on the day of the visit to the sitetilamarch.fr, the date of upload of the GTC resulting in their implementation.
For any questions relating to an online purchase, the Customer may get in contact with Tila March’s Customer Services Team:
-Either, directly on the site, using contact forms by logging into their personal area under "My Account",
-Or by telephone on + 33 (0)1 44 78 64 80, Monday to Friday from 09.30 to 18.30
-Or by email at the following address: firstname.lastname@example.org.
ARTICLE 1. CONFIRMATION OF ORDER ON SITE Tilamarch.fr
To place an order on the site tilamarch.fr, the Customer will be taken through the following steps:
-Selection and placing of products on the site in the "Basket",
-Choice, where offered, of delivery method for products displayed in the "basket",
-Display of modifiable order summary, and total price,
-Choice of payment method,
-Customer receives order confirmation email confirming the order after acceptance of their payment,
The order confirmation email sent to the Customer confirms Tila March’s acceptance of the Customer’s order, and confirms the establishment of a sales contract between the Parties.
ARTICLE 2. VALIDITY OF OFFERS - AVAILABILITY OF PRODUCTS
The products shown on the site at any given moment are deemed in principle to be available and in stock at that present time, except for time-limited offers as part of a specific operation expressly mentioned as such on the product page.
This a priori availability is checked after the order has been accepted and payment received, and is confirmed by receipt of a shipping email from Tila March.
In case of lack of availability of one or several products, Tila March undertakes either to offer the Customer a new delivery date for the product or products ordered or to refund these by crediting the method of payment used to make the purchase, within 14 calendar days of payment for the order. If a technical error prevents the method of payment used from being credited, Tila March will suggest making out a cheque to the Customer and to send this by post to the billing address provided.
The products and prices offered are deemed to be those shown during checkout shown on the "BASKET" page of the website. Therefore only the price shown on this page, corresponding to that charged to the Customer during their order, is deemed authentic and shall bind Tila March contractually. Accordingly, Tila March shall not be held responsible for any spelling error on any page which may affect the graphical and/or promotional elements within the site.
ARTICLE 3 : PRICE
Prices on the site are displayed in Euros (€) and are deemed public prices inclusive of any taxes which may be charged in Mainland France on the date of consultation of the offer. VAT is charged at the rate which applies on the date of ordering. Special taxes other than VAT which are charged at the discretion of the law (for example various types of French ecotax), are not specifically indicated until the user opens the basket page, which is the only page, as stated in the last paragraph of article 2 previously, which shows accurate prices.
All product prices on the site exclude shipping costs and any other additional services. They only include the price of the product itself as stated, and any packaging.
Tila March reserves the right to modify its prices at any time, but is committed to applying the rates shown at the time of ordering, provided the products are available on that date.
Products remain the property of Tila March until the total amount due has been received by the brand.
ARTICLE 4 : PAYMENT
4.1 PAYMENT METHODS
Whatever payment method is chosen from those accepted on our site, orders shall not be deemed complete until the payment has been validated or received.
Therefore, until the payment has been validated by the customer’s chosen intermediary, the order will not be prepared by Tila March's services.
4.1.1 Payment by Bank Card
Payment can be made using the following bank cards: Debit Card, VISA, MASTERCARD, MAESTRO and American Express.
The Customer may consult the General Terms and Conditions of sale and use for each of these bank cards on our partners’ sites.
The choice of one of these payment cards implies the tacit acceptance of the general terms and conditions of sale and use of said partners.
We invite our customers to refer to these, as Tila March cannot be held responsible for any conditions set by our independent partners.
Online payment by bank card is fully secure and our customers can enter their card number, expiry date and security code into the appropriate boxes in total confidence. Credit card details are encrypted thanks to SSL (Secure Socket Layer) protocol and are never clearly displayed on the network. Payment is made directly from the bank. Tila March has no access to these details and cannot hold them on its servers. This is why we will ask you to re-enter these details for each new transaction on our site.
4.1.2 Payment by Paypal
Payments by Paypal are permitted on the site tilamarch.fr and are made by the intermediary of the partner in question and in accordance with its own general terms and conditions of sale and use of its services.
This payment choice implies the tacit acceptance of the Partner's general terms and conditions of sale and use.
We invite our customers to refer to these, as Tila March cannot be held responsible for any conditions set by our independent partners.
Paypal general terms and conditions of sale and use
4.2 COMBATTING FRAUD
Tila March reserves the right to check the validity of the payment before the order is shipped, using any means it deems necessary (specifically, requesting identity documents, proof of address etc.).
4.3 PAYMENT INCIDENT
Tila March reserves the right to refuse to make a delivery or to honour an order from a Customer who fails to fully or partially pay for a previous order or with whom a payment dispute is still pending. In case of fraud, Tila March reserves the right to expel any customer without warning or compensation.
ARTICLE 5 : DELIVERY
5.1 ORDER PREPARATION TIMES
Tila March reserves the right to subcontract part or all of the preparation and shipping of an order to a third party authorised to carry out this service.
If all products sold by Tila March are deemed available and in stock, orders will be prepared within two working days from the first working day following confirmation of the order under these GTC. Therefore, orders confirmed on Saturday, Sunday or bank holidays will be dealt with on the next working day.
All time periods mentioned on the site tilamarch.fr, are deemedclear time periods.
The product ordered will be delivered to the address which appears on the order form and which is saved as the "delivery" address.
Should the delivery address be incorrectly entered or incomplete, Tila March shall not be held responsible for any consequences in terms of delay or inability to deliver the order. All reshipping costs of products due to an incorrectly entered address by the Customer shall be wholly borne by the latter
5.2 ORDER DELIVERY TIMES
Tila March reserves the right to choose the most appropriate mode of transport in view of the nature of the product, its weightand its volume, which the Customer declares to have understood and accepted.
Delivery times in Mainland France cannot exceed 30 working days following the validation of the Customer’s payment (date of order confirmation).
Delivery times cannot be guaranteed in cases of force majeure, as defined by law. Delivery times do not take into account possible problems with the verification of a Customer payment, which will delay the order shipment (see provisions under article 4.2).
The time periods stated commence upon confirmation of the order. The expected delivery date is indicated on the order and on each of our product pages. This time period is an average time in line with the service used for delivery in Mainland France.If they are not at home, the Customer is required to collect the order from the relevant services.
5.3 ORDER TRACKING
The Customer may track their order at any time using the order number provided in the email formally confirming their order, or in the "My Account" area of the site tilamarch.fr.
This area allows customers to track orders for each mode of transport used, as well as tracking orders and their status, especially as regards shipment or delivery.
Customers are reminded that all communication between the Customer and the Site is mainly done via email. Therefore it is essential that the Customer provide Tila March with a valid and up-to-date email address. If they fail to do so, Tila March cannot be held responsible for the consequences of messages sent to an incorrect orout-of-date email address.
5.4 DELIVERY ZONES
Delivery can be made throughout the world according to the terms outlined in the table below.
| Géorgie du Sud-et-les Îles Sandwich du Sud
| Îles mineures éloignées des États-Unis
| Îles Vierges Britanniques
| Papouasie Nouvelle Guinée
| République Centrafricaine
| Saint-Vincent-et-les Grenadines
| Svalbard et ile Jan Mayen
| Terres Australes et Antarctiques
| Territoire britannique de l'océan Indien
5.5 SPECIFIC DELIVERY METHODS
Product delivery methods are established by Tila March and are dependent upon their conformity with postal dimensions.
Following the validation of these transport methods, and prior to payment of the order, the site will display an order summary by mode of transport, for which the products in question are eligible and according to the option chosen by theCustomer when offered the choice. The cost of the modes of transport allocated or chosen will then be shown before order payment.
When the order has been duly prepared and is ready to be shipped, the Customer will receive an email regarding shipment of each part of their order by the mode of transport agreed.
- Delivery with DHL
Delivery with DHL has its own general conditions of use. Shipments can't be delivered to postal box or postcodes. Shipments are delivered to the address given by the recipient during the order but are not necessarily hand delivered to the recipient. Shipments with central reception zone will be delivered to this zone.
DHL can inform the recipient of a future delivery or a missed delivery. The recipient can choose an alternative delivery option like a delivery to another address, a delivery without signature, re-routed shipment or delivery to a Point Relais DHL.
Otherwise, the shipment will be return to TILA MARCH which will contact the client by email to re-ship his order at his expenses. Without any feedback from the client within 7 days after the reminder email, TILA MARCH will consider that the client exercised its return right and will proceed to reimbursement in the conditions established by the exercise of the right of withdrawal. (cf article 6-1 of General Terms and Conditions.)
ARTICLE 6 : RIGHT OF WITHDRAWAL
6.1. CONDITIONS OF EXERCISING RIGHT OF WITHDRAWAL
- Time Period
Pursuant to the provisions of article L. 121-21 of the Consumer Code, the Customer has a period of 14 calendar days to exercise their right to withdrawal, without having to give any reason. This period commences the day after receipt of the order.
In cases of orders containing a number of items delivered separately or where an item is made up of multiple batches or parts whose delivery is staggered over a set period, the time period commences with receipt of the order.
For contracts which foresee regular delivery of goods during a set period, the time period commences upon receipt of the first item.
- Exercise of right to withdrawal
To exercise their right to withdrawal, the Customer should inform Tila March of their decision by sending the returns form for this purpose which they received with their order confirmation email (and attached in the annex to these GTC), or any other clear and unambiguous declaration expressing their wish to withdraw, within the aforementioned 14 day period.
Should they not receive this form, the customer may send an email to email@example.com, specifying the order number and reason for return.
Once a returns number has been issued, the customer must return their parcel with the product in its original packaging, to the following address:
10 cité Paradis 75010 PARIS
- Loss of right to withdrawal
Personalised items cannot be returned or exchanged, pursuant to article L121-21-8 of the Consumer Code: "The right to withdrawal cannot be exercised for contracts to supply tailor-made goods according to customer specifications or those which are largely personalised."
You therefore have no right to withdrawal in these circumstances. This is why we recommend you take the necessary time and care when creating your item.
- Terms relating to the condition of the product
To exercise this right to withdrawal, the product returned must be returned in a condition which allows it to be resold immediately. The product should therefore be returned as new, with all documents and accessories with which it was delivered and in its original packaging. Tila March reserves the right to refuse refund for a product if all of these conditions are not met.
- Refund methods
Should the right to withdrawal be exercised within the prescribed time period, and pursuant to the provisions of article L121-21-4 of the Consumer Code, Tila March will refund the Customer the cost of the product(s) returned, as well as the shipping costs of the product(s) in question within a time period of 14 calendar days from the date on which it was informed by the Customer of their decision to withdraw
Tila March nevertheless reserves the right to delay refund until goods are recovered or until the Customer provides proof of sending these goods, the date used being the date on which the former occurs.
Refunds will be made based on sums paid by the Customer, as stated on their invoice. Nevertheless, Tila March reserves the right to refuse refund for additional delivery costs due to selection of a more costly delivery method by the Customer, where Tila March had offered a standard delivery method.
Transport costs to be refunded are determined as if the Customer had never purchased the returned product(s).
Finally, in principle and unless expressly requested otherwise by the Customer, Tila March will refund the latter by crediting the payment method used during payment. Should it be materially impossible to use this approach, Tila March will offer the Customer a cheque in their name for the amount due, which will be sent by post.
- Responsibility for returns shipping costs
Unless the product received by the customer does not correspond to the product ordered, or the item is damaged upon arrival, return costs shall be the express responsibility of the Customer, who recognises and accepts these General Terms and Conditions.
6.2. CONDITIONS OF EXERCISE AND METHODS OF RETURNS
Pursuant to article L.121-21 of the Consumer Code, the Customer has 14 days to exercise their right to withdrawal without having to give a reason. This time period commences on the day the customer or a third party receives their order.
If the 14 day time period expires on a Saturday, Sunday or bank holiday, it will be extended until the next working day.
In this case, they are required to return all items within the time period, in their original packaging and in perfect condition and complete (accessories, documents, guarantees...) and accompanied with a copy of the documents attached to the order, to the address indicated on the Delivery note. Returns costs are the express responsibility of the Customer, who recognises and accepts this in line with these General Terms and Conditions
The customer is required to show proof of return, which requires that items be returned by recorded delivery, or any other means which gives a guaranteed delivery date. All costs and risks of return are borne by the customer.
With a view to safe receipt and in order to expedite processing of their order, the customer must respect the following procedure.
Returns procedure products delivered by Colissimo
1. Go to the customer area "My Account"
2. Click on the relevant order
3. Click on the button "Get a returns number"
4. Write on the Delivery note (which came with the parcel) in the relevant boxes:
-the returns number
-the reason for the return
-the quantities returned
5. Package the product(s) to be returned and attach the fully completed delivery note.
-copy the returns number (in a legible and clear way) onto the parcel. Any parcel without a returns number cannot be processed.
-Remember to package the parcel well (see official recommendations)
6. Send your parcel to the following address :
10 cité Paradis 75010 PARIS
You will be informed by email when your return has been successfully processed.
ARTICLE 7 : ORDER COMPLAINTS
If when unpackaging their items during the 15 calendar days from receipt of their order, the Customer discovers that a product does not comply with their order or the product page (for example: product, model, colour error or other) TILA MARCH will undertake to replace it or refund the Customer for all costs as soon as the error is identified and confirmed
To do this, the Customer should contact Customer Services to make a complaint and follow the set procedure.
After receipt of the duly returned product and confirmation of the non-conformity or damages identified by the Customer, Tila March may at its sole discretion
- Either send the Customer a new product,
- Or issue a refund of the sums paid during purchase of this product.
Any other potential defect which may appear during the product's "lifetime" should be dealt with via the after sales service.
ARTICLE 8 AFTER SALES SERVICE
Apart from the commercial or legal guarantee ensured, the Customer also has the possibility of asking Customer Services to respond to any queries relating to use of a product, its maintenance methods or an order relating to an item which has become faulty.
ARTICLE 9 : INTELLECTUAL PROPERTY
All elements of the site tilamarch.fr, both visual and audio, including the brand, logo, texts, photos, videos and domain name, are protected by copyright, trademark law and patents. The tilamarch.fr site editor holds an exclusive licence and operating contract as agreed by their owner. In view of this, and pursuant to the provisions of the Intellectual Property Code, only private use thereof is authorised, subject to the various, even more restrictive provisions of the Intellectual Property Code.
Any total or partial reproduction of the site tilamarch.fr or any of its audio, visual or text content is strictly prohibited unless expressly and previously agreed otherwise in writing.
ARTICLE 10 : LIABILITY
For all stages of site access, order processes, delivery, Customer Services or subsequent services, Tila March has only an obligation of means. Consequently, Tila March’s liability shall not be incurred for any inconveniences or damages related to use of the web-based network, such as a service failure, outside interference, or the presence of computer viruses, or any event deemed force majeure, pursuant to law.
Furthermore, Tila March cannot be held responsible in cases where the order is not completed or where it is unable to meet any of its obligations due to a case of force majeure pursuant to the law, especially in cases of poor weather preventing shipping of the order.
ARTICLE 11 : ENTIRETY
Should one of the clauses of this contract be declared null and void due to a change in legislation, regulation or by a court decision, this shall in no case affect the validity and respect of all other provisions of these General Terms and Conditions.
ARTICLE 12 : DURATION
These GTC apply for the duration of the online availability of Tila March's services and products.
ARTICLE 13 : PROOF
Electronic registers, stored on Tila March’s IT systems and those of its partners under reasonable security conditions, shall be considered as proof of all communications, orders and payments between the Parties.
ARTICLE 14 : CONSERVATION AND ARCHIVING OF TRANSACTIONS
Order forms and invoices are archived on a reliable and durable medium to meet to the requirement of holding a reliable and durable copy pursuant to article 1348 of the Civil Code.
ARTICLE 15 : DISPUTES
These terms and conditions are subject to French law.
In case of a dispute, Tila March and the Customer shall attempt to resolve the dispute amicably either through conventional mediation or via any other alternative method of dispute settlement. Should this attempt fail, only the French courts shall have jurisdiction.
ARTICLE 16 : CUSTOMER SERVICES
Tila March's Customer Services department is available to answer any Customer questions or provide information:
- Either by telephone on + 33 (0)1 44 78 64 80
Monday to Friday from 09.30 to 18.30
- Electronically via the contact form, after logging into the "My Account" area.
For any electronic correspondence which may follow, and in order to facilitate and expedite the processing of requests, please use the email address used for your Customer account.
- Or by post at the following address:
10 cité du Paradis
ARTICLE 17 : INFORMATION TECHNOLOGY AND FREEDOMS PROVISIONS
Pursuant to the provisions of law n° 78-17 of 6 January 1978 known as the "Information Technology and Freedoms Law" and relating to information technology, files and freedoms, all automated processing of nominative data by the website Tilamarch.fr has been subject to a prior declaration to the French National Commission of Information Technology and Freedoms (Commission Nationale de l'Informatique et des Libertés - CNIL) The collection of your personal data is mandatory in order to process your purchases and track your orders. Your personal data is sent to the company TTNB and to all of its partners overseeing the processing of your orders and deliveries, as well as the relevant administrative authorities.
Subject to your consent, your personal data may also allow you to receive our newsletters, promotional or commercial offers from the site Tilamarch.fr or from its business partners.
All individuals have the permanent right to access, amend, rectify or delete any personal data which applies to them pursuant to articles 39 and 40 of the law "Information Technology and Freedoms" n°78-17 of 6 January 1978. To exercise this right, please address a letter to the postal address:
10 cité du Paradis
75010 PARISSecurity of your personal data
TTNB promises to respect the provisions foreseen under the "Information Technology and Freedoms" law of 6 January 1978 .
TTNB has optimal security measures in place to safeguard against loss, improper use and altering of information provided to it by internet users. All data received on the website tilamarch.fr aresaved daily and stored on a back-up device.Cookies
When viewing this Site, browser cookies may be installed on the user’s computer, which will record information relating to browsing by the user’s computer on the Site, such as the pages consulted, the date and time of their visit, etc. A notification will be displayed, allowing the user to oppose their use. The user is able to deactivate the installation of all cookies at any time, by changing the configuration of their Internet browser.
To find out more about cookies, please click hereGoogle Analytics
Data generated by cookies regarding the use of the Site by the user (including the IP address used to connect) will be shared with and stored by the Company Google Inc on servers located in the United States. This data will be used with a view to assessing Site usage, compiling Site activity reports for the Company TTNB, and providing other services relating to Site activity and to the use of the web-based network.
(Please complete and return this form only if you want to withdraw from the contract)
Dear after sales team,
I/We(*) hereby notify you (*) herein of my/our (*) withdrawal from the contract relating to the sale of the good (*)/for the provision of the service (*) below :
- Product name:
- Product reference :
- Order number:
- Ordered on(*)/ received on (*)
- Name of customer(s)
- Address of customer(s)
- E-mail address used for customer account :
- Customer(s) Signature (only in case of notification of this form on paper)
* Delete where not applicable