General sales conditions
These general sales conditions are concluded on the one hand, by the JAG Company, simplified joint stock company, with a capital of 5,000 euros, registered in the Paris Trade and Companies Register under number 878 320 639, having its registered office 8 Rue du Château Landon, 75010 Paris, France, hereinafter referred to as "the Company" and on the other hand, by any natural or legal person wishing to make a purchase via the website www.takaterra.com, hereinafter referred to as " the customer ".
These general sales conditions are intended for consumers and apply to all sales and services made from the merchant site www.takaterra.com, hereinafter referred to as "the Site".
The Customer is clearly informed and acknowledges that the Site is intended for consumers and that professionals must contact the sales department of the Company in order to benefit from separate contractual conditions. The Customer can contact the Company's sales department by email at the following email address: firstname.lastname@example.org
Article 1. Purpose of the contract
The purpose of these general conditions of sale is to set the contractual applicable appreciations between the Company and the Customer and the applicable conditions to any purchase made through the Site. The acquisition of goods or services through the Site implies unreserved acceptance by the Customer of these general sales conditions.
Article 2. Characteristics of the on-sale items
The Company undertakes to present the essential characteristics of the items on sale. The Customer undertakes to read this information carefully before placing an order on the Site. Unless expressly stated otherwise on the Site, all products sold by the Company are new and comply with current European legislation and the standards applicable in France. The on sale products are those that appear in the catalog published on the Site on the day of the Customer's consultation of the Site.
The on sale products are described and presented with the greatest possible accuracy. In case of error or omission in this presentation, the responsibility of the Company could not be engaged. The photographs and texts illustrating the products have only an indicative value and do not enter into the contractual field. The Company reserves the right to modify its catalog without notice.
The products are offered on sale while stocks last. The unavailability of a product is in principle indicated on the page of the product concerned. In case of error on the availability of an ordered product, the Company will inform the Customer by email as soon as possible. The Company then offers the Client to either:
Send all the products of the order at the same time as soon as the products out of stock will be available again.
Ship the product out of stock alone as soon as it becomes available.
Cancel the order of the unavailable products. The Customer will obtain a full refund of all sums paid for unavailable products at the latest within thirty (30) days of payment.
Article 3. Geographical area
The online sale of the products presented on the Site is reserved for Customers who reside:
in The United Kingdom,
and in Poland.
The online sale of the products presented on the Site is possible for Customers residing in the Overseas Departments and Territories (DOM / TOM) of France and abroad. For this, the Customer must first request a quote for the country and the products concerned from the Company by sending an email to the following email address: email@example.com
Article 4. Prices
The prices applicable to the products appearing on the catalog of the Site are prices including all taxes (incl. VAT) in euros (€) taking into account the value added tax (VAT) applicable on the day of the order. Any rate change may be reflected in the price of the items. The Company reserves the right to modify its prices at any time, it being understood that the price appearing in the catalog on the day of the order is the only one applicable to the Customer. The prices indicated include the order processing costs.
Transport and shipping costs are the responsibility of the Customer except in the event of purchase greater than or equal to ninety-nine (99) euros (€) for France or hundred and nineteen (119) euros (€) for the other delivered countries mentioned. In the latter case, delivery is offered at Point Relais or Relay Points within the limit of a 5 kg package, beyond, you will be asked for an additional contribution.
However, specific shipping methods may be subject to a separate price offer.
For all deliveries outside mainland France, any customs fees or local taxes are the responsibility of the recipient.
Article 5. Orders
To be able to buy a product on the site, the Customer must be at least eighteen (18) years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The Customer will be invited to provide information to identify him by completing the form available on the Site. The sign (*) indicates the mandatory fields which must be filled in for the Customer's order to be processed by the Company.
The information provided by the Customer when placing an order must be complete, accurate and up to date. In the event of an error in the wording of the contact details, the Company cannot be held responsible for the impossibility of delivering the package. The Company reserves the right to ask the Customer to confirm, by any appropriate means, his identity and the information communicated.
5.1. Order process
Product orders are placed directly on the Site. To place an order, the Customer must follow the following steps:
- Choose products and add them to the cart,
- Confirm the contents of the cart,
- Identify on the Site and / or register on the identification sheet on which it will indicate all the contact details requested,
- Choose the delivery method,
- Choose the payment method and accept the general sales conditions,
- Confirm payment.
5.2. Choosing products and adding to the cart
The Customer must select the products of his choice by clicking on the products concerned and choosing the desired characteristics and quantities. Once the product has been selected, the product is placed in the Customer's cart. The latter can then add as many products to his cart as he wishes.
5.3. Confirming the contents of the cart
Once the products have been selected and placed in their cart, the Customer must click on the cart and check that the content of their order is correct. If the Customer has not already done so, he will then be invited to identify himself or to register.
Once the Customer has confirmed the content of the cart and has identified / registered, an online form will be displayed to his attention, automatically completed and summarizing the price, applicable taxes and, where applicable, the delivery costs.
5.4. Payment and accepting the general sales conditions
The Customer is invited to check the content of his order (including the quantity, characteristics and references of the products ordered, the billing address, the means of payment and the price) before confirming its content.
The Customer can then pay for the products by following the instructions on the Site and provide all the information necessary for billing and delivery of the products.
5.5. Choosing the delivery option
The Customer must also choose the delivery method. The Company offers two delivery methods for its products:
Relay point :
- For France,
- For Belgium,
- For Luxemburg,
- For Spain,
- For Germany,
- For the United Kingdom,
- For Austria,
- For Italy,
- For Portugal,
- For the Netherlands,
- For Poland.
Home delivery, with or without acknowledgment of receipt:
- For France.
The Company uses the following transport services: Colissimo, Mondial Relay and Relais Colis.
The delivery costs correspond to the chosen delivery method are to be paid by the Customer.
Once the package has been shipped, the Company cannot be held responsible for any delays related to the organization of the chosen carriers.
The Customer is required to follow the routing of his package with the tracking number that has been provided to him.
Consequently, if the Customer by omission or negligence, does not recover the parcel which will have been delivered to him by the transporter within the agreed deadlines, the parcel will be returned to the Company.
Thus, if the Customer wishes his package to be sent to him again by the Company, the latter is informed that the delivery costs corresponding to this shipment will be invoiced to him by the Company.
5.6. Confirmation and receipt acknowledgment of the purchase order
Once all the steps described above are completed, a page appears on the Site to acknowledge receipt of the Customer's order. A copy of the acknowledgment of receipt of the order is automatically sent to the Customer by email, provided that the email address communicated through the registration form is correct. The Company does not send any order confirmation by post or fax.
During the ordering process, the Customer must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the Customer's order to be processed by the Company).
Neither the order form that the Customer establishes online, nor the acknowledgment of receipt of the order that the Company sends to the Customer by email constitutes an invoice. Whatever the order or payment method used, the customer will receive the invoice by email, provided that the email address communicated through the registration form is correct. He can also consult it at any time on the Site, on his account, in the "History and details of my orders" tab. For any request for a paper invoice subsequent to the order, the shipment will be invoiced at € 5 including tax for a France, for other countries additional fees may apply.
Article 6. Payment
6.1. Means of payment
The Customer can pay for his products online on the Site using the means offered by the Company, namely:
- Bank or Credit card
The Customer guarantees the Company that he holds all the authorizations required to use the chosen means of payment.
The Company will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of online payment on the Site.
6.2. Payment date
In the event of a single payment by credit card, the Customer's account will be debited as soon as the product is placed on the Site.
6.3. Late or refused payment
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money owed by the Customer proves impossible, the order will be canceled and the sale automatically terminated.
Article 7. Shipping and delivery times
Orders are prepared by the Company on Monday, Tuesday, Wednesday, Thursday and Friday (except weekends and holidays), subject to specific constraints beyond its control and validation of payment.
Delivery times are given for information only and we inform you that we do not control any delays linked to the organization of our carriers.
Packages are delivered to the delivery address indicated during the ordering process. (see Article 5.1)
Shipping costs are calculated based on the delivery method chosen. The amount of these costs will be payable by the Customer in addition to the price of the products.
The Customer has a period of thirty (30) working days from the date of dispatch of the order to report the non-receipt of the order by email to the address: firstname.lastname@example.org. After this period, no resolution of the sale will be accepted.
Article 8. Return conditions/ product exchange and reimbursing
8.1. Customer withdrawal
The customer has in principle the right to return or return the product to the Company, within fourteen (14) days, after the day the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the product.
To exercise their right of withdrawal, the Customer must notify their decision to withdraw from this contract by means of an unambiguous declaration sent in writing to the following address: JAG SAS, 8 Rue du Château Landon, 75010, Paris, France or at the email address email@example.com
The Customer must, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to: JAG SAS, 8 Rue du Château Landon, 75010, Paris, France
This deadline is deemed to be respected if the Customer returns the goods before the expiration of the period of fourteen (14) days, as stamped by the post office.
The products can be returned subject to being new, in perfect condition and in their original packaging.
The Company does not pay for the return of products.
The Customer must keep proof of deposit of the package with the service provider responsible for the return. In the absence of this proof, no exchange or refund will be made in case of loss of the package.
In the event of withdrawal by the Customer, the Company undertakes to reimburse the totality of the order paid, excluding the delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the day the Company is informed of the Client's wish to withdraw.
The Company may defer the reimbursement until receipt of the goods or until the Customer has provided proof of shipment of the goods, the date chosen being that of the first of these facts.
8.2. Hygiene and beauty products
For the products indicated by the phrase "for hygienic reasons, this product is neither returned nor exchanged", the Company will not accept the return of said products.
8.3. Exchange an item
The Company does not offer standard exchanges. For a new size or another color, the Customer must place a new order on the Site.
8.4. Damaged or defective products
Any anomaly noted (missing item, damaged package, broken item, etc.) must be reported within three (3) days of receipt.
The Customer is required to check the good condition of the items delivered.
If the products received are damaged or defective, the Customer must send visuals (photographs) for proof of the defect (s).
After confirmation by the Company of the defectiveness of the article, the Company will proceed either to the refund (full or not) or to a stored credit on the Customer's account available on the Site, or to the replacement of the defective or damaged product, according to the degree of the notified defect.
Article 9. Proof and archiving
Any contract concluded with the Customer corresponding to an order of an amount greater than 120 euros including tax will be archived by the Company for a period of ten (10) years in accordance with article L. 213-1 of the consumer code.
The Company agrees to archive this information in order to monitor transactions and produce a copy of the contract at the request of the Customer.
Article 10. Ownership retention clause
The Company remains the owner of the products delivered until their full payment by the Customer. The above provisions do not preclude the transfer to the Customer, upon receipt by him, or by a third party designated by him other than the carrier, of the risk of loss or damage to the products subject to the reservation of property, as well as the risks of damage they may cause.
Article 11. Guarantees and liability
11.1. Conformity Guarantee
Article L.217-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing when they are delivered. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility."
Article L.217-5 of the Consumer Code: To comply with the contract, the product must:
1 ° Be suitable for the normally expected use of similar goods and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.
The Company is required to deliver a compliant product, that is to say suitable for the expected use of a similar item and corresponding to the description given on the Site. This compliance also presupposes that the product has the qualities that a buyer can legitimately expect in view of the public declarations made by the Company, including in advertisements and on labeling.
In this context, the Company may be liable for any lack of conformity existing at the time of delivery and for non-conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it or was carried out under his responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the product. (Article L.217-12 of the Consumer Code).
In case of lack of conformity, the Customer may request the exchange of the product.
In the event that the exchange would be impossible, the Company undertakes to return the price of the product within thirty (30) days upon receipt of the product that does not conform to the following address: JAG SAS, 8 Rue du Château Landon, 75010 Paris, France.
11.2. Hidden defect guarantee
The Company is bound by the guarantee for hidden defects in the product sold which make it unfit for the use for which it is intended, or which so diminishes this use that the Customer wouldn’t have bought it, or would have paid a lesser price, had he been aware of the defect. (Article 1641 of the Civil Code)
This guarantee allows the Customer, who can prove the existence of a hidden defect, to obtain a refund for the product if it is returned and the defect is proven.
The responsibility of the Company may in no case be engaged in the event of non-performance or poor performance of the contractual obligations attributable to the Customer, in particular when entering his order.
Article 12. Personal data
The Company collects personal data from its Customers on the Site, including through cookies. Customers can deactivate cookies by following the instructions provided by their browser.
The data collected by the Company is used to process orders placed on the Site, manage the Customer's account, analyze orders and, if the Customer has chosen this option, send him commercial prospecting letters, newsletters, offers promotional and / or information on special sales, unless the Customer no longer wishes to receive such communications from the Company.
The Customer's data is kept confidential by the Company in accordance with its declaration NS-048 with the CNIL under the number 1979208 v 0, on July 25, 2016.
In accordance with law n ° 78-17 of January 6, 1978 relating to data processing and freedoms, as amended by law 2016-41 of January 26, 2016, the Customer has a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data.
As part of the implementation of the general data protection regulations of April 27, 2016, which came into force on May 25, 2018, the Company informs its Customers that the personal data it holds and which are necessary for its administrative management are the following:
- Last Name,
- First Name,
- Postal billing adress,
- Mail adress,
- Phone number
At any time, the Customer can request their rectification and / or the deletion of all or part of the data by writing an email to: firstname.lastname@example.org or by sending a letter to the following address: JAG SAS 8 Rue du Château Landon, 75010, Paris, France.
Customers can also recover all of their personal data collected on the Site from their customer account.
As such, the Company being required to access personal data, declares that it recognizes the confidentiality of said data.
Consequently, in accordance with articles 34 and 35 of the modified law of January 6, 1978 relating to data processing, files and freedoms as well as articles 32 to 35 of the general data protection regulation of April 27, 2016, the Company undertakes to take all precautions to protect the confidentiality of the information to which it has access, and in particular to prevent it from being communicated to persons not expressly authorized to receive this information.
The Company undertakes to:
- not to use the data for purposes other than those provided herein;
- only disclose this data to persons duly authorized, by virtue of their functions, to receive it, whether they are private, public, physical or legal persons;
- make no copy of this data except as necessary for the execution of these conditions;
- take all measures to avoid the misuse or fraudulent use of this data;
- take all precautions to preserve the physical and logical security of this data;
- ensure that only secure means of communication will be used to transfer this data;
- to fully restore the data, computer files and any information medium relating to these data
in the event of dissolution.
This confidentiality commitment will remain effective, without limitation of duration as long as this commitment concerns the use and communication of personal data.
Article 13. Complaints
Any complaint by the Client must be sent in writing to the following address: JAG SAS, 8 Rue du Château Landon, 75010, Paris, France or to the email address: email@example.com
Article 14. Intellectual property
All elements of the Site are protected by copyright, trademarks and patents.
All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trademark and / or patent law.
These elements are the exclusive property of the Company.
The Company owns all the elements of the Takaterra brand, registered with the INPI under number 4607294, of the Takaterra brand.
Anyone who publishes a website and wishes to create a direct hypertext link to the Site must request the Company's authorization in writing.
This authorization will in no case be granted definitively. This link must be removed at the request of the Company.
It is also specified that the Company does not control the websites which are directly or indirectly linked to the Site. Consequently, it excludes all responsibility for the information published there. Links to third party websites are provided for informational purposes only and no guarantees are given as to their content.
Article 15. General sales condition modification
The Company reserves the right to adapt or modify these general conditions of sale at any time. In case of modification, the general conditions of sale in force on the day of the order will be applied to each order.
The last update of the general sales conditions took place on 12/12/2019.
Article 16. Applicable Law - mediation and competent jurisdiction
These general sales conditions and the relations between the Customer and the Company are governed by French law.
For all disputes arising on the occasion of these general conditions of sale, including those relating to their validity, interpretation, execution or resolution, only the French courts will have jurisdiction.
Annex 1 Cancellation policy
Principal of withdrawal
The Customer has in principle the right to return or bring the product to the Company or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days of the communication of its decision to withdraw.
The withdrawal period expires fourteen (14) calendar days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the product.
In the event that the Customer has ordered several products via a single order allowing for multiple deliveries (or in the case of an order for a single product delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the last delivered product.
Withdrawal right notification
To execute their right of withdrawal, the Customer must notify their decision to withdraw from this contract by means of an unambiguous declaration sent in writing to the following address: JAG SAS, 8 Rue du Château, 75010 Paris, France or to the email address: firstname.lastname@example.org. He can also use the form below:
For the attention of [*] (* Company contact details)
Company email address *:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
Purchase order number:
- Ordered on [____________] / received on [________________]
- Method of payment used:
- Name of the Client and, where applicable, the beneficiary of the order:
- Customer address:
- Delivery address:
- Signature of the Client (except in the case of transmission by email)
In order for the withdrawal period to be respected, the Customer must send his communication relating to the execution of the withdrawal right before the expiration of the withdrawal period.
In the event of a withdrawal by the Customer, the Company undertakes to reimburse all of the paid sums, including delivery costs without undue delay and, in any event, no later than fourteen (14) days from the day the Company is informed of the Client's wish to withdraw.
The Company will proceed to the reimbursement using the same means of payment as that which the Client will have used for the initial transaction, unless the Client expressly agrees to a different means, in any event, this reimbursement will not incur costs to the customer.
The Company may defer the reimbursement until receipt of the goods or until the Customer has provided proof of shipment of the goods, the date chosen being that of the first of these reasons.
The Customer must, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to: JAG SAS, 8 Rue du Château Landon, 75010 Paris.
This deadline is deemed to be respected if the Customer returns the goods before the expiration of the period of fourteen days, postmarked by the post office.
The Customer must bear the direct costs of returning the goods.
Condition of the returned item
The product must be returned according to the seller's instructions and include in particular all the accessories delivered.
The responsibility of the Customer is engaged only with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product. In other words, the Customer has the possibility of testing the product but its responsibility could be engaged if it proceeds to manipulations other than those which are necessary.
Right of withdrawal exclusions
The right of withdrawal is excluded in the following cases:
- Supply of goods made according to the Customer's specifications or clearly personalized,
- Supply of goods likely to deteriorate or expire quickly,
- Supply of goods which by their nature are inseparably mixed with other articles,
- upplies of sealed goods which cannot be returned for reasons of health protection or hygiene, namely products neither returned nor exchanged by the Company (see Article 9) or which have been unsealed by the Customer after delivery.