General terms and conditions of sale
Preamble
The TAHITI-SHOPPING.COM web site is owned by TAHITI SHOPPING, INC., 340 S. Lemon Ave. #9097, Walnut, CA 91789, United States of America, as are all related rights. Reproduction in whole or in part is subject to the authorization of the owners. However, links of the type hyperlink to the site are allowed without specific requests if they are for information only and not for commercial purposes.
1. Acceptance of Terms
The customer acknowledges having read, at the time of ordering, the general conditions of sale shown on this screen and expressly accepts them without remark.
These general conditions of sale govern the contractual relationship between TAHITI SHOPPING, INC. and the customer, both parties accepting them without remark. These general conditions of sale prevail over all other conditions contained in any other document, unless prior express written consent of TAHITI SHOPPING, INC.
2. Products
All products photos do not enter the contractual field. If errors occur, the responsibility of TAHITI SHOPPING, INC. cannot be engaged.
3. Order
Orders are made on one of TAHITI SHOPPING, INC. sales channels. Sales channels means different media where TAHITI SHOPPING, INC.'s products are sold, including those presented on the website TAHITI-SHOPPING.COM.
The automatic registration systems are considered as proof of the nature, content and date of the order. TAHITI SHOPPING, INC. confirms the acceptance of it's purchase order to the email address that it will release. The sale will be concluded only after confirmation and payment of the order. TAHITI SHOPPING, INC. reserves the right to cancel any order from a customer with whom there is a dispute over payment of a previous order. The information stated by the buyer, when completing their details, commit this : if error in the recipient's details or any other particular information required for processing the order, the seller can not be held responsible for failure in which he could not deliver the product.
4. Shipping
After order confirmation, TAHITI SHOPPING, INC. is committed to deliver to its carrier all the products ordered by the customer within a maximum period of 3 business days, insofar as all products ordered are in stock at the time of validation of the order.
Note that if a product is available, and indicated that several commands are committed simultaneously, it is possible that the out of stock sign is not indicated immediately upon confirmation of the order. In this case the customer is warned when processing the order and the commitment to deliver the carrier within 3 working days is canceled.
The delivery is made according to the customer's shipping choices. Only the carrier undertakes to deliver the order to the buyer's address provided by TAHITI SHOPPING, INC. Delivery times are provided for information only and are not contractual. Delivery times may vary depending on the carrier, destination countries, and periods of the year. The possible delays do not entitle the buyer to claim damages or the refund of the shipping costs.
For deliveries to the United Sates of America and all other international destinations, the customer agrees to pay all taxes due to the importation of products, customs duty, value added tax and all other taxes due under the laws of the United Sates of America and all other destination countries upon receipt of the order. TAHITI SHOPPING, INC. has no legal liability if the payment of taxes are not made by the customer.
Are considered as force majeur releasing the seller from its obligation to deliver, war, riot, fire, strikes, accidents, inability to move when prohibitions emanating from official bodies (cyclone , tsunami etc.) and the impossibility of being supplied.
The goods always travel at the risk of the recipient. Always check your package upon arrival and refuse opened or degraded package and mentioning it to the carrier.
For reasons of availability, an order can be delivered several times to the customer. The customer only pays for one delivery. If the customer wishes 2 different delivery address, he has to complete 2 seperate orders.
4.1. Package not received
A non-received package is considered in dispute by TAHITI SHOPPING, INC. after a request from the customer AND after an exceed of the maximum delay announced on the web site multiplied by 2.5.
Refunds or reshipping are described in article 6.
If a second shipment is made by TAHITI SHOPPING, INC., the customer must refuse the second package if the original package is finally delivered.
4.2. Undelivered parcel returned to TAHITI SHOPPING, INC.
The faults attributable to TAHITI SHOPPING, INC. are: transcription errors in the customer's address on the package, and postage errors.
The faults attributable to the carrier are: routing errors. Parcels lost, damaged or stolen are regulated by articles 5 and 7.
The faults attributable to the customer are: refusal to accept the parcel, unclaimed parcel, error in the shipping address, undeliverable parcel (dead letter mail), unidentifiable recipients on the mail box, inaccessible mail box.
Refunds or reshipping are described in article 6.
4.3. Damaged package
In case of reception of a damaged package, the customer must refuse the parcel and indicate on the delivery note of the carrier the mention "damaged", so that the insurance is likely to be applied.
If there is no delivery note, the customer must make a finding of spoliation on plain paper, co-signed by the carrier.
A copy of the delivery note or annotated document is to be sent to TAHITI SHOPPING, INC. It will be then possible either to send a new parcel (free) or to refund (products and expenses).
In case of no transmission of the delivery or document annotated to TAHITI SHOPPING, INC., the reship or refund will take place at shorter time between the return of the parcel damaged to TAHITI SHOPPING, INC. or the expiration of the delay as mentioned in article 4.1.
Upon acceptance of the damaged package by the customer, TAHITI SHOPPING, INC. disclaims any responsibility.
5. Return
The customer can request a return within 7 days of receipt. Following agreement and sent a return number from TAHITI SHOPPING, INC., the customer must return all items, properly protected in their original packages, in perfect condition, with all accessories, user manuals, documentation and a copy of the written agreement sent by TAHITI SHOPPING, INC., to the address provided with the said agreement.
The shipping cost and return are to be paid by the customer. All returns through cash on delivery (COD) are not accepted.
This right of return will only be accepted for complete products in perfect condition (original packaging, accessories, instructions ...) with the original invoice. Items returned incomplete, damaged or soiled by the customer (including packaging) cannot be take back. Discounted or discontinued products cannot be returned or exchanged.
Downloaded products cannot be exchanged or take back if an unlock key has been provided and can not be canceled.
In case of withdrawal, TAHITI SHOPPING, INC. is required to refund the customer payment with no charge except for shipping costs (shipping and return).
TAHITI SHOPPING, INC. reserves the right to cancel any order from a customer with whom there is a dispute over payment of a previous order or when analytical data supplied by the anti-fraud control agencies informs about a high risk transaction.
6. Refunds
In case of fault by TAHITI SHOPPING, INC. or the carrier, the customer has the choice between a returning shipping paid by TAHITI SHOPPING, INC., or a complete refund (products and fees).
In case of fault by the customer, the customer has the choice between a returning shipping after payment of forwarding costs and fees, or a refund of the products (all fees and shipping cost are not included).
Refunds are carried out within 30 days after approval by TAHITI SHOPPING, INC. and can be performed through Stripe, credit card cash back, wire transfer or check. The payment method can be different than the one used by the customer during his order.
In case of fault attributable to the carrier, TAHITI SHOPPING, INC. will initiate the claim after receiving all necessary information from the customer.
7. Disputes
Disputes are processed only in French or English language, even if the customer has completed its purchase in another language provided by the web site.
They must be sent by email to the email address contact@tahiti-shopping.com. Please include the order number.
8. Availability
Products are available within the limits of available stocks. In this framework, information on availability of products are provided to customers when placing an order. This information comes directly from TAHITI SHOPPING, INC. providers, errors or exceptional changes are beyond the control of the company and cannot be a TAHITI SHOPPING, INC. liability.
If the product is unavailable after ordering, the customer will be informed by email or telephone as soon as possible and the customer can then cancel the order and be refund as describe in article 6.
9. Price
The cost of products sold by TAHITI SHOPPING, INC. are calculated and displayed in US dollars. Any fees and taxes are added and are presented on the screen.
TAHITI SHOPPING, INC. can change prices at any time but the products will be billed based on rates at the time of order but subject to availability on that date.
The products are the property of TAHITI SHOPPING, INC. until full payment.
10. Repudiation of a payment made by credit card
Customer can repudiate a payment by credit card in case of "loss, theft, misappropriation or unauthorized use of his payment instrument or data related to it".
If the payment is not fraudulent and a repudiation request is made, it's the owner of the credit card that commits the fraud.
In case of repudiation of a payment by the customer, he undertakes to inform TAHITI SHOPPING, INC. in 3 days to explain the situation. Consistent with TAHITI SHOPPING, INC., a new payment of the amount of repudiation will be carried out by the customer within 30 days.
Without customer information and beyond the three days after recognition of repudiation by TAHITI SHOPPING, INC., repudiation will be considered fraud by the customer.
11. Litigation
This contract is subject to commercial law in force in the United States of America.
TAHITI SHOPPING, INC. can not be held liable for damages of any kind, whether bodily or material that could result from a malfunction or improper use of products sold. It is the same for any changes resulting from product manufacturers. Responsibility for TAHITI SHOPPING, INC. will, in any event, limited to the amount of the order and can not be blamed for simple errors or omissions that may occur despite all precautions taken in presenting the products. It is recalled that the search for amicable solution does not "promptly" of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that in general and subject to the discretion of the courts, respect the provisions of this contract relating to the contractual guarantee assumes that the buyer to honor its financial commitments to the seller.
The complaints or disputes will always be received with attentive benevolence, good faith is always presumed in those who took the trouble to explain their situation. In case of dispute, the customer should first contact TAHITI SHOPPING, INC. for an amicable solution.
Otherwise, the Tribunal court of Commerce of the state of Delaware has exclusive jurisdiction, regardless of delivery location and method of payment accepted.
12. Warranty
The products purchased are entitled to the legal warranty in effect.
In any case TAHITI SHOPPING, INC. not be held responsible for non-compliance with regulations and laws in force in the receiving country, the responsibility of TAHITI SHOPPING, INC. is systematically limited to the value of the product in question, its value to date sales and without possibility of appeal to the brand or company producing the product.
13. Intellectual property rights
All the texts, comments, works, illustrations and images reproduced on sales channels are reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the Code of Intellectual Property, the only authorized use for private use subject to different rules even more restrictive code of intellectual property. Any other use constitutes infringement and is punishable under the Intellectual Property without the prior written permission of TAHITI SHOPPING, INC.. Total or partial reproduction of the electronic catalogue or website of the company TAHITI SHOPPING, INC. is strictly prohibited and will result in lawsuits.
14. Responsibility
The photographs, text, graphics, information and characteristics illustrating the products are indicative. Of course any questions about products the customer can contact the customer service TAHITI SHOPPING, INC. by email via the contact form.
No article marketed sales channels is intended for a child audience. Even if the objects are safe for responsible adult, many parts could be swallowed or be dangerous for a child. Therefore, all articles on this site are intended only for adults. TAHITI SHOPPING, INC. can not be held responsible in case of an accident with an acquired product on the site for a child.
TAHITI SHOPPING, INC. can not be held responsible especially in case of shortage of stock or product unavailability, force majeure, disruption or total or partial strike of postal services and transport and / or communication, flood, fire, cyclone, tsunami and in case of manifest error. TAHITI SHOPPING, INC. not be liable for any consequential or indirect damages because of present, trading loss, loss of profit, loss of chance, damage or expense that might arise from the purchase of products.
Hypertext links to other sites as the sales channel, or come from other sites. TAHITI SHOPPING, INC. disclaims all liability if the content of these sites violate the laws and regulations in force.
15. Legal information
The Intelligence information collected for purposes of distance selling is required, this information is essential for processing and delivery orders, preparing invoices and warranty contracts.
The lack of information leads to the non validation of the order.