The website www.takisxx.com (hereinafter referred to as the “Site”) is an e-commerce site accessible through the Internet network, open to any user of this network (hereinafter referred to as the “Internet user”). It is published by the company TAKIS, SAS with capital of 2000 Euros, whose registered office is 2/13, rue de Flandre, 59110 LA MADELEINE, registered in the Register of Commerce and Companies under the number 825 18883200018. The Site allows To TAKIS to propose to the sale of textile products and accessories manufactured by TAKIS or its potential partners (hereinafter referred to as “Products”) to Internet users navigating the Site (hereinafter referred to as the “Customers”). For the purposes hereof, it is agreed that the Customer and TAKIS shall collectively be referred to as the Parties and individually referred to as a Party.The site does not allow the purchase of products for resale. Specifically, the site does not correspond for the customers to the faculty to carry out a commercial activity of purchase for resale and is limited to the personal consumption of the customer. As such, the attention of the Customer is particularly drawn to the fact that his orders must not exceed 15 items per order nor present an abnormal character. Any order of a product offered on the Site implies the Customer’s full acceptance of these Terms and Conditions.TAKIS reserves the right to modify at any time these General Conditions of Sale by publishing a new version on the Site. The General Conditions of Sale applicable are those in force on the Site at the date of placing the order.Article 1. Subject:
These Terms and Conditions govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site. They form a contractual package with the summary order form and the invoice communicated to the Customer and apply to the exclusion of any other document. In case of contradiction or divergence between the terms of these three documents, the documents should prevail in the following order:
- The present General Conditions of Sale;
- The summary order form;
- the bill.
Article 2. Products – Price:
Only the Products appearing on the Site on the day of its consultation by the Customer are offered for sale. To this end, the Customer is informed when placing his order of availability of the Product he wishes to select. In the event of questions concerning the unavailability of the Product, the Customer can contact the Customer service by clicking on “Contact us”. However, in exceptional cases the Product becomes unavailable after validation of the order the Customer will be informed by e-mail, not later than six (6) days after the validation of the order.
The photographs illustrating the Products presented are as accurate as possible, but are not contractually binding. The Customer is invited to consult the description of each Product to know the essential characteristics.
Prices are quoted in Euros All taxes included (VAT included), excluding preparation and delivery costs. The Value Added Tax (VAT) is that in force in metropolitan France on the day of the order. This tax is also applicable within the European Union (EU). The prices applied are those appearing on the Site at the time of the order.
The fixed amount of participation in the costs of preparation and delivery is communicated to the Customer on the good summary of the order, before validation of the latter.
Article 3. Ordering:
3.1. Registration of the order
Any new Customer must fill in the fields provided to him to create his profile which will be accessible in the “My Account” section. The Client must fill in the form provided to him, and must include the information necessary for his identification, including a valid e-mail address and a password of his choice (which will be personal and confidential) To identify themselves on the Site. Any Client already holding a Client Account must identify himself after clicking on “Continue your order”, entering his e-mail address and password.
The Client accepts that the seizure of these two identifiers is proof of his identity.
The Customer who wishes to place an order selects one or several products of his choice by clicking on “Add to my cart”.
At any time the Client may:
- Check the number of Products contained in its basket and get detailed information on each of them by clicking on «My basket»
- Continue your selection of Products by clicking on “Continue shopping”
- Complete your order by clicking on “Continue your order”.
At the end of this first step, a summary page corresponding to the summary order form appears on the screen. On this page, the Customer may modify the information entered by clicking on “Change your order”. This page displays:
- The Customer’s billing address,
- The delivery address of the Products (which may be different from the Customer’s billing address)
- The deadline for delivery
- A summary table of the order (nature, quantity and price of the Products),
- The total amount of the order excluding option (s),
- The lump-sum contribution to the costs of preparation and delivery,
After taking note of the summary order form, the Customer can not go to the next step without taking note of the General Conditions of Sale, which he attests by ticking the box provided for this purpose.
3.2. Confirmation of the order
After reading the summary order form, the customer clicks on “Pay your order” to confirm his order and pay.
The validation of the summary order form and the immediate payment constitute the Customer’s consent. This consent is equivalent to a handwritten signature and is proof of the conclusion of a contract between the Parties, of the entire order and the exigibility of the sums due in execution of the said order.
TAKIS reserves the right not to validate the order in case of:
- Exceeding the ceiling stated in the preamble hereof (prohibition of purchase for resale, maximum purchase limit of 15 items per order and / or abnormal order)
- Abnormal or abusive claims in accordance with Article 5 below,
- Abnormal or abusive exchanges and returns in accordance with article 8 below,
- Litigation (s) with the Client,
- Total or partial non-payment of a previous order from the Customer,
- Refusal of authorization to pay by bank card of the banking organizations.
The price due by the Customer is the amount indicated on the summary order form which the Customer has taken note of before validating his order.
The Client pays his order by credit card (Visa, Eurocard / Mastercard / American Express) or bank transfer to the IBAN number that appears at the time of the order, in accordance with the provisions of this article. To pay for his order by credit card, the Customer must transmit the number of his bank card and, depending on the type of card, the expiry date of the card and the cryptogram number (3-digit number on the reverse side of His credit card).
The debit of the card is made at the time of the validation of the order on the Site, except when the server is unavailable.
It is specified that in order to make payment by credit card, the Client is automatically transferred to the OGONE electronic payment server
The GONE server is secured by SSL (Secure Socket Layer) encryption so as to protect all data related to the means of payment.OGONE supervises its platform and operations submitted to it 24 hours On 24 and 7 days a week. It is specified that at no time will the Client’s banking data transit the TAKIS computer system.
However, in case of fraudulent use of his / her credit card, the Customer is invited, upon discovering this use and after having objected to his bank, to contact the Customer Service, who will inform him the procedure to follow with TAKIS , At the following number: 33 (0) 6 84 24 55 50 from Monday to Friday from 9 am to 7 pm or by e-mail to the following address: firstname.lastname@example.org
In case of unavailability of a Product after validation of the order, as specified in article 2.1. Above, if the payment has already been made, the Customer will have the choice between a refund of the amount of the order, which will take place without delay and at the latest within thirty (30) days following the payment of his order, and The delivery of a Product of equivalent quality and price.
3.3. Acknowledgment of receipt of order
At the end of the payment, a summary document of the order is transmitted by TAKIS to the Client, by e-mail to the electronic address indicated by him, immediately and at the latest before the delivery.
This document constituting acknowledgment of receipt of the Customer’s order shall include all the constituent elements of the contract entered into between the Parties. The order form is recorded on the TAKIS registers, which are kept on a reliable and durable basis. The Customer accepts that the purchase order is considered as proof of the contractual relations between the Parties.
The Customer will have the possibility to print the summary order form sent with the acknowledgment of receipt. The summary of the order will also be available in “My Account”.
Article 4. Delivery:
TAKIS will do its best to ensure that the order is delivered with the supporting invoice within an average period of six (6) to seven (7) working days and in any event undertakes to deliver it within a maximum period Fifteen (15) working days from the day following the payment of the order. It is specified that orders placed on the Site on Friday afternoons from 1 pm on Saturday or Sunday will be processed on the following Monday. Orders placed on the Site on a holiday will be processed on the next business day.
Products ordered by the Customer are delivered to the address indicated by the Customer, accompanied by a delivery note. The Customer has the possibility to have the Products delivered to a different address than his own. The invoice will be sent to the customer by e-mail.
Delivery may not be provided in the event of force majeure as defined in article 10.1 below.
Article 5: Receipt of order:
Upon receipt of the order, it is the Customer’s responsibility to verify the conformity of the Products received in execution of his order. Any misstatement concerning the delivery (ie: missing or damaged products, products not in conformity with the order, parcel damaged) must imperatively be notified, upon receipt with the carrier and within fourteen (14) days of receipt of the Products to the Customer Service Of TAKIS, by one of the following means:
- By simple mail, by writing to the following address: TAKIS, 2/13, rue de Flandre 59110 LA MADELEINE FRANCE
- By e-mail “Contact” of the Site
- By phone at 33 (0) 6 84 24 55 50 from Monday to Friday from 9 am to 7 pm
Except for legitimate reasons, any claim made beyond the fourteen (14) days following receipt of the Products will be inadmissible. In case of abnormal or abusive claims, TAKIS may refuse to serve a subsequent order.
The Customer will have the choice between replacing the Product (s) in accordance with his order or refunding the price of the order, at the latest within fourteen (14) days from the notification of the anomaly to the Customer Service Of TAKIS.
TAKIS, reserves the right to ask the Client to return the Product to him or not.
Article 6. Right of withdrawal:
- The Client shall have seven (7) working days from the date of receipt to return, at his own expense and without cause, the Products he has ordered. In order to be returned, the Products must not have been used. The Products must be returned in their original condition and packaging to the following address: TAKIS, 2/13, rue de Flandre 59110 LA MADELEINE France and accompanied by the invoice and the delivery note.
If the aforementioned conditions are met, TAKIS will reimburse the Client, by check or by transfer, the total amount of his order (including delivery charges) within fourteen (14) days from receipt by TAKIS of the Products, Except for the costs of returning the Products which will remain the responsibility of the Client.
Article 7. Liability and Warranty:
All Products benefit from the statutory guarantee of conformity regime provided for in Articles L. 211-4 et seq. Of the Consumer Code, as well as the guarantee of latent defects in Articles 1641 et seq. Of the Civil Code, Use was normal and maintenance advice was followed. Article L211-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects of conformity existing at the time of issue. It also answers to the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility. Article L211-5 of the Consumer Code.
To comply with the contract, the property must:
(1) Be fit for the customary use of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or a model;
– present the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
Article L211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the property.
Article 1641 of the Civil Code
The seller shall be liable for the hidden defects of the thing sold which render it unfit for the use for which it is intended or which so diminish such use that the purchaser has not acquired it, Would have given a lesser price if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from the defects shall be brought by the purchaser within two years of the discovery of the defect.
TAKIS can not be held liable for any inconvenience or damage inherent in the use of the Internet, such as the breakdown of the service or the presence of computer viruses.
Article 8. Exchanges and reimbursements:
Customer will be able to call the Customer Service, who will advise him of the procedure to be followed, at the following number: 33 (0) 6 84 24 55 50 from Monday to Friday from 9 am to 7 pm or by mail to the following address: laurent @ takisxx. com
In the event of abnormal or abusive exchanges or returns, TAKIS may nevertheless refuse to serve a subsequent order.
The Products, in order to be returned, must not have been used. The Products must be returned in their original condition and packaging to the following address: TAKIS, 2/13, rue de Flandre 59110 LA MADELEINE France, together with the invoice and the delivery note.
It is the Customer’s responsibility to retain any proof of return, which implies that the order is returned by registered package or by any other means giving certain date to its shipment.
Products returned other than in their original condition and packaging, including incomplete, damaged, worn or dirty by the Customer will not be taken back. If the above conditions are met, TAKIS will reimburse the Customer for the price of the order within fourteen (14) days of receipt by TAKIS of the Products, excluding delivery charges, if Customer decides to Use the free return service.
When an order has been placed with a coupon, the value of the coupon will be deducted from the amount of the refund in proportion to the number of items ordered.
Article 9. Confidentiality:
To make purchases on the Site, the Customer must create an account and choose an e-mail address and a password that will be requested whenever he wishes to access it. The Client’s personal information is thus protected by a password in such a way that the Customer, and only he, has access to it. TAKIS recommends that the Client not disclose it to anyone.
In addition, the Client must not forget to disconnect from his profile and close the browser window at the end of his working session, especially if the Client uses a shared computer station with others for access to Internet. The Customer will thus avoid users accessing their personal information. The Client is solely responsible for maintaining the confidentiality of his / her password. The Client alone shall bear the consequences which could result from any use by third parties who would have known of it.
Article 10. Miscellaneous provisions:
10.1 Force Majeure
TAKIS shall not be liable for any delay in the execution or non-performance, in whole or in part, of its obligations under these General Conditions of Sale if such delay or non-performance is caused by an event constituting force majeure, TAKIS shall notify the Clients of an event constituting force majeure, in particular in the event of disruption or total or partial strike, in particular of postal services and means of transport and / or communication, flood or fire. At the latest within five (5) working days of its occurrence.
TAKIS will make its best efforts to inform the Customer, as soon as possible, of the modalities of processing of his order during the duration of the case of force majeure.
In the event of force majeure occurring beyond a period of one (1) month, the Parties shall be released from their obligations to each other. In this case, TAKIS will reimburse the Customer as soon as possible for orders that have been paid but can not be delivered.
If any of the paragraphs or clauses of these General Conditions of Sale were to be void or unenforceable, the remainder of these General Conditions of Sale shall remain in force unless the invalidated obligation is an obligation The cancellation or cancellation of which would prevent the continuation of the present General Conditions of Sale as a whole.
10.3. No Waiver
The fact that TAKIS refrains from demanding the execution of any of the clauses of these General Conditions of Sale or from exercising any right which is recognized to it by the present General Conditions of Sale, can under no circumstances be Regarded as a definitive renunciation of that right, or prevent it from continuing to pursue it subsequently, irrespective of the duration of such abstention.
10.4. Retention and archiving of transactions
The archiving of invoices is carried out on a reliable and durable support so as to correspond to a faithful and lasting copy.
Article 1. Purpose and Acceptance:
Article 2. Order Tracking:
If you have made purchases on the Site, you can track the status of each of your orders, referenced by date, number and price inclusive of VAT. You can also see the details of each order, the date of your order, number, delivery date, status of your order, delivery address, billing address if applicable, type Product, quantity, size, color, shipping costs, and total price including VAT.
Article 3. Newsletter (Newsletter):
You can subscribe to the TAKIS newsletter to receive information about TAKIS news and events (new collections, fashion shows, exclusive models, etc.).
If you wish to cancel it later, send a letter to the following address: TAKIS, 2/13, rue de Flandre, 59110 LA MADELEINE.
Article 4. Intellectual Property Rights:
TAKIS informs you that the Site is a protected work. TAKIS is the owner of the copyright on each of the pages constituting this Site, on its tree and on each of the elements contained therein. The Site and all the elements contained therein are therefore subject to copyright: “Copyright © – 2017 – TAKIS – All rights reserved”.
Unless otherwise stated, trademarks, logos, designs, models, photographs, images and, more generally, all other elements present on the Site are the exclusive property of TAKIS or for which TAKIS has obtained the exploitation rights relating thereto.
TAKIS reminds you that any reproduction, use or modification, partial or total, of any element of the Site is strictly forbidden, without prior, special and express authorization of TAKIS.
Article 5. Hyperlinks:
Any hypertext link to secondary pages of the Site is strictly prohibited unless expressly authorized by TAKIS. In addition, any link will have to be removed on request from TAKIS.
Article 6. Guarantees and Liability:
However, the use of the Internet implies knowledge and acceptance of the characteristics and limitations of the Internet, in particular with regard to the risks inherent in any connection and transmission over the Internet, the lack of protection of certain data Against possible diversions or piracy, and the risks of contamination by possible viruses circulating on the network. Consequently, TAKIS can not be held liable for any inconvenience or damage inherent in the use of the Internet, such as, for example, breaking the service or the presence of computer viruses.
TAKIS shall not be liable for any damages whatsoever resulting from misuse of the Site or from an event constituting force majeure, in particular in the event of a total or partial disruption or strike, flood or fire.
TAKIS shall not be liable for any information contained on any site that may be linked to the Site by hypertext links or any other means. TAKIS informs you that during your online purchases, the payment page becomes invalid beyond a reasonable time in order to avoid any fraudulent use of your credit card.
Article 7. Minors:
TAKIS recalls that minors do not have the capacity to contract, and therefore can not register on the Site without parental authorization, in particular to make purchases, to receive the newsletter.
Article 8. Sanctions:
Article 9. Amendments:
Article 10. Applicable Law and Jurisdiction:
Article 1. Subject:
The company TAKIS is anxious to protect the personal information that you communicate to him (the “Personal Information”). In this context, TAKIS undertakes to respect the confidentiality of the Personal Information transmitted.
Article 2. Personal Information:
Your Personal Information is processed by TAKIS for customer relationship management and prospecting purposes.
Your Personal Information is accessible at any time in “My Account” with your e-mail address and your password.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, modified by the law n ° 2004-801 of 6 August 2004 (the “Data Protection Act”), you have Of a right of access, rectification, deletion and opposition relating to the data concerning you. To exercise this right, you must send a letter to the following address: TAKIS, 2/13, rue de Flandre, 59110 LA MADELEINE, France.
In accordance with the Data Protection Act, the processing of Personal Information collected on the Site has been the subject of a declaration n ° 1225721 with the National Commission of the Informatics and Liberties.
All Personal Information is sent and stored at the site’s host in France, whose details appear on the Site under the heading «Legal Notice».
Article 3. Disclosure to third parties:
TAKIS does not transmit any of your Personal Information to third parties for purposes of prospecting.
TAKIS may disclose your Personal Information to legally authorized bodies and authorities, to the extent that disclosure is required or permitted by law, or where TAKIS deems it necessary or appropriate to comply with applicable laws or other laws, or to protect Or defend its rights or those of its employees, customers or any other person.
Article 4. Conservation:
Your Personal Information will be kept for the duration strictly necessary for the management of the customer and prospect relationship, and will in no case exceed a duration of one year except exceptions provided for by law.
Article 5. Security:
TAKIS has taken all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent your Personal Information from being distorted, damaged or unauthorized by third parties.
To make your payment by credit card, you are automatically transferred to the XXX bank server The XXX server is secured by Secure Socket Layer (SSL) encryption so as to protect all data related to the means of payment . XXXX ensures the supervision of its platform and of the operations which are submitted to it 24 hours on 24 and 7 days on 7. It is specified that at no time, your banking data transit on the computer system of TAKIS.
Article 6. Confidentiality:
When you create an account, you choose an e-mail address and password that you will be asked for each time you want to access it. Your Personal Information is protected by a password so that you, and only you, have access to it. TAKIS recommends that you do not disclose it to anyone.
You should also remember to log out of your profile and close your browser window at the end of your work session, especially if you are using a computer shared with others for Internet access. This will prevent users from accessing your Personal Information. You are solely responsible for maintaining the confidentiality of your password. You alone will bear the consequences that could result from any use by third parties who would have known of it.
If you forget your password, you have on the Site a function allowing you to receive your password in your mailbox. Similarly, in case of any fear that a third party may have known of it, you can ask to choose a new password by clicking on “Modify your information” in the “Personal Information” section of “My Account”.
Article 7. Minors:
TAKIS recalls that minors do not have the capacity to contract, and that the collection of data from minors must be subject to parental authorization.
Purchases of products on the Site are reserved for persons over 18 years of age. TAKIS does not collect and retain Personal Information of persons it knows are under 18 years of age.
Article 8. Cookies and Web Beacons:
Article 8.1. Cookies
You have the option to object to the registration of cookies by configuring your Internet browser as follows:
For Mozilla firefox:
1. Choose the “Tool” menu then “Options”
2. Click on the “Privacy” icon
3. Locate the “Cookie” menu and select the options that suit you
For Microsoft Internet Explorer:
1. Choose the “Tools” menu, then “Internet Options”
2. Click on the “Confidentiality” tab
. Select the desired level using the cursor
For Netscape 6.X and 7.X:
1. Choose the “Edit” menu> “Preferences”
2. Confidentiality and Security
For Opera 6.0 and beyond:
1. Choose the “File” menu> “Preferences”
However, you lose the ability to customize the service delivered to you by TAKIS via the Site.
Article 8.2. Web Beacons
Some web pages on the Site may contain web beacons that allow you to count the number of visitors to the Site and / or provide TAKIS with a number of indicators.
These web beacons can be used with some of our partners, in particular to measure and improve the effectiveness of the Site.
In any event, the information obtained via these tags is strictly anonymous and simply allows us to collect statistics on the use of certain pages of the Site, in order to better serve you.
Article 9. Amendments:
If TAKIS uses your Personal Information in a manner different from that indicated on the collection form, you will be informed by e-mail and you will be free to choose whether or not to use your Personal Information way.