Terms and conditions of sale

This is a translation provided for convenience. Only the French version is legally binding.

Article 1 - Entire agreement

1.1

These general terms and conditions set out the entirety of the parties' obligations. Accordingly, the buyer is deemed to accept them without reservation.

1.2

The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to amend its general terms and conditions from time to time. They will apply as soon as they are published online.

1.3

Should a condition of sale be found lacking, it would be deemed to be governed by the practices in force in the distance-selling sector for companies with their registered office in France.

Article 2 - Purpose

2.1

The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods and/or the provision of services offered by the seller to the buyer.

2.2

These conditions apply only to purchases made by buyers located in France and delivered exclusively within French territory.

Article 3 - Ordering

3.1

The buyer may place an order online, from the online catalogue and using the form provided there.

3.2

For the order to be validated, the buyer must accept these general terms and conditions by clicking where indicated. The buyer must also choose the delivery address and delivery method, and finally confirm the payment method.

3.3

Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with as part of a possible exchange and the warranties mentioned below.

3.4

In certain cases, in particular non-payment, an incorrect address or another problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

3.5

If an ordered Product is unavailable, the buyer will be informed by email.

3.6

The order for that Product will then be cancelled and, where applicable, refunded, while the rest of the order remains firm and final.

3.7

For any question about tracking an order, the buyer must call 04 90 20 95 92

Article 4 - Electronic signature

4.1

Providing the buyer's bank card number online and the final confirmation of the order will constitute proof of the buyer's agreement in accordance with the provisions of the law of 13 March 2000 and will constitute: - the sums due under the order form becoming payable, - signature and express acceptance of all transactions carried out.

4.2

In the event of fraudulent use of the bank card, the buyer is asked, as soon as such use is noticed, to contact 04 90 20 95 92

Article 5 - Order confirmation

5.1

The seller provides the buyer with a copy of the contract, on paper signed by the parties or, with the buyer's agreement, on another durable medium, confirming the express commitment of the parties.

Article 6 - Proof of the transaction

6.1

The computerised records, kept in the seller's computer systems under reasonable security conditions, will be regarded as proof of the communications, orders and payments made between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.

Article 7 - Product information

7.1

The products governed by these general terms and conditions are those that appear on the seller's website and are indicated as sold and shipped by the seller. They are offered while stocks last.

7.2

The products are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, the seller could not be held liable.

7.3

Product photographs are not contractually binding.

Article 8 - Prices

8.1

The seller reserves the right to change its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.

8.2

Prices are shown in euros. They do not include delivery costs, which are charged in addition and shown before the order is confirmed. Prices include the VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. Payment of the full price must be made when the order is placed. At no time may the sums paid be regarded as a deposit or as advance payments.

8.3

If one or more taxes or contributions, in particular environmental ones, were created or changed, whether upwards or downwards, this change may be reflected in the selling price of the products.

Article 9 - Payment method

9.1

This is an order with an obligation to pay, which means that placing the order entails payment by the buyer.

9.2

To pay for the order, the buyer may choose from all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they hold any authorisations needed to use the payment method they have chosen when confirming the order form. The seller reserves the right to suspend all order processing and delivery if the bank card payment is refused authorisation by the officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is currently being handled. The seller has set up an order verification procedure intended to ensure that no one uses another person's bank details without their knowledge.

9.3

As part of this verification, the buyer may be asked to send the seller, by email, a copy of an identity document and proof of address. The order will then be validated only once the seller has received and checked the documents sent.

9.4

The seller may not receive any payment or consideration, in any form whatsoever, from the buyer before the end of a period of 7 days from the conclusion of the contract.

Article 10 - Product availability - Refunds

10.1

Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, shipping times will, while stocks last, be those indicated below. Shipping times run from the order registration date shown on the order confirmation email.

10.2

For deliveries in mainland France, the delivery time is 10 working days from the day after the buyer placed the order.

10.3

If the contractual deadlines are not met, the buyer may terminate the contract, by registered letter with acknowledgement of receipt, after having formally required the seller to deliver or provide the service within a reasonable additional period. However, if they wish, the buyer may terminate the contract immediately if the dates or deadlines mentioned above are an essential condition of the contract for them.

10.4

In this case, when the contract is terminated, the seller must refund the buyer the full amount paid, no later than 14 days after the date on which the contract was terminated.

10.5

If the ordered product is unavailable, the buyer will be informed as soon as possible and will be able to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.

Article 11 - Delivery arrangements

11.1

Delivery takes place only after the seller's bank has confirmed payment.

11.2

The ordered products are delivered. The products are delivered by carrier. The name of the carrier will be given to the customer when the order is confirmed.

11.3

No delivery is made to poste restante addresses or PO boxes. The products are delivered to the address given by the buyer on the order form, and the buyer must make sure it is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be sent out again at the buyer's expense. The buyer may, on request, have an invoice sent to the billing address rather than the delivery address, by selecting the option provided for this purpose on the order form.

11.4

If the buyer is absent on the day of delivery, the courier will leave a notice of attempted delivery in the letterbox, which will allow the parcel to be collected at the place and within the period indicated.

11.5

If, at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

11.6

The buyer must note on the delivery note, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, product missing compared with the delivery note, damaged parcel, broken products...).

11.7

This check is considered to have been carried out as soon as the buyer, or a person authorised by them, has signed the delivery note.

11.8

The buyer must then confirm these reservations to the carrier by registered letter no later than two working days after receiving the item(s), and send a copy of this letter by fax or ordinary post to the seller at the address given in the legal notices of the site.

11.9

If the products need to be returned to the seller, a return request must be made to the seller within 7 days of delivery. Any claim made after this period cannot be accepted. A product return can only be accepted for products in their original condition (packaging, accessories, instructions...).

Article 12 - Delivery errors

12.1

The buyer must make any claim of delivery error and/or non-conformity of the products in nature or quality with the details on the order form to the seller on the day of delivery itself or, at the latest, on the first working day after delivery. Any claim made after this period will be rejected.

12.2

The claim may be made, at the buyer's choice:

telephone number: 04 90 20 95 92
email address: info@tattoo-on-move.fr

12.3

Any claim not made according to the rules set out above and within the time allowed cannot be taken into account and will release the seller from all liability towards the buyer.

12.4

On receipt of the claim, the seller will assign an exchange number for the product(s) concerned and send it to the buyer by email. A product can only be exchanged once the exchange number has been assigned.

12.5

In the event of a delivery error or an exchange, any product to be exchanged or refunded must be returned to the seller complete and in its original packaging, by the carrier of the buyer's choice, to the following address: TATTOO ON MOVE – 15 Quai Jean Jaurès – 84800 l'Isle sur la sorgue.

12.6

Return costs are borne by the seller.

Article 13 - Product warranty

13.1

The company TATTOO ON MOVE guarantees that the goods conform to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 211-4 et seq. of the Consumer Code or the guarantee against defects in the item sold within the meaning of articles 1641 et seq. of the Civil Code.

13.2

Where the legal guarantee of conformity is invoked, it is reminded that: -

The buyer has a period of 2 years from delivery of the goods in which to act;
The buyer may choose between repair or replacement of the goods, subject to the cost conditions set out in article L. 211-9 of the Consumer Code;
The buyer is exempt from proving that the lack of conformity of the goods existed during the 24 months following delivery of the goods.

13.3

In addition, it is reminded that:

the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
The buyer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In that case, they may choose between cancellation of the sale or a price reduction in accordance with article 1644 of the Civil Code.

13.4

The products sold are also covered by a commercial guarantee intended to guarantee their conformity and ensuring refund of the purchase price, or replacement or repair of the goods. It does not cover defects caused by abnormal or improper use or resulting from a cause unrelated to the intrinsic qualities of the products.

13.5

The foregoing provisions do not exclude the application of the legal guarantee of conformity of article L. 211-4 of the Consumer Code and the guarantee against defects in the item sold of articles 1641 et seq. of the Civil Code.

13.6

The buyer is expressly informed that the seller is not the producer of all the products presented within the meaning of law no. 98-389 of 19 May 1998 on liability for defective products.

Article 14 - Right of withdrawal

14.1

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return costs, which remain the buyer's responsibility

14.2

Only products returned complete, in their complete and intact original packaging, and in perfect resaleable condition will be taken back. Any product that has been damaged, or whose original packaging has been damaged, will be neither refunded nor exchanged.

14.3

This right of withdrawal is excluded for:

service contracts whose performance has begun, with the buyer's agreement, before the end of the withdrawal period;
contracts for goods or services whose price depends on financial market rates;
contracts for goods made to the buyer's order or clearly personalised;
contracts for goods which, by their nature, cannot be sent back or may deteriorate or expire quickly;
video cassettes, CDs and DVDs if they have been opened by the buyer;
the press (newspapers, periodicals or magazines).

Article 15 - Returns procedure - Refunds

15.1

After communicating their decision to withdraw, the buyer then has 14 days to send back or hand over the goods.

15.2

The product must be returned to the seller, complete, not dismantled and in its original packaging, by Colissimo Recommandé, to the following address: TATTOO ON MOVE – 15 Quai Jean Jaurès – 84800 l'Isle sur la sorgue..

15.3

This right of withdrawal is exercised without penalty, it being understood that return costs are borne by the buyer. In the case of an exchange, the re-shipment will be at the buyer's expense.

15.4

The seller must refund the buyer the full amount paid, including delivery costs, without undue delay and no later than 14 days after the date on which they are informed of the consumer's decision to withdraw. The seller may, however, defer the refund until the goods have been received back or until

the buyer has provided proof of shipment of the goods, the date used being that of whichever of these events occurs first.

Article 16 - Force majeure

16.1

Any circumstances beyond the parties' control that prevent them from performing their obligations under normal conditions are considered grounds for release from the parties' obligations and result in their suspension.

16.2

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their end.

16.3

Force majeure will be deemed to include all irresistible events or circumstances that are external to the parties, unforeseeable, unavoidable, beyond the parties' control and which they could not prevent despite all reasonably possible efforts. Expressly, the following are considered cases of force majeure or unforeseen events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of transport or supply, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

16.4

The parties will consult each other to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the force majeure event lasts more than three months, these general terms and conditions may be terminated by the injured party.

Article 17 - Partial invalidity

17.1

If one or more provisions of these general terms and conditions are held to be invalid or are declared so under a law, a regulation or following a final decision of a competent court, the other provisions will retain their full force and effect.

Article 18 - Non-waiver

18.1

The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 19 - Headings

19.1

In the event of difficulty of interpretation between any of the headings at the top of the clauses and any of the clauses, the headings will be deemed non-existent.

Article 20 - Applicable law

20.1

These general terms and conditions are subject to French law, excluding the provisions of the Vienna Convention. This applies to substantive rules as well as to formal rules. In the event of a dispute or complaint, the buyer will first approach the seller to seek an amicable solution. Failing that, the buyer may bring proceedings before the court of their choice.