Article 1 • Purpose and acceptance of the Terms
The company TOKAY offers for sale shoes dedicated to the practice of Ultimate under the brand “TOKAY” (hereinafter referred to as “Products”).
These terms and conditions govern the sales of Products made by the company TOKAY on the website www.tokay-ultimate.com (hereinafter “The Website”) to any natural person acquiring the Products for a foreign use to their professional activity, domiciled in metropolitan France or in the countries for which the delivery is provided by TOKAY: the whole world with the exception of IRAN (hereinafter “The Customer”).
When The Customer clicks on the “Proceed to PayPal” or “Place order” button to confirm their order for the Product(s) they have selected, they acknowledge having read and unconditionally accepted these Terms of Sale.
The Customer is therefore invited to read carefully the clauses below.
The Customer may not purchase any of the Products presented on The Website without having first accepted these Terms of Sale.
For the purposes hereof, it is agreed that The Customer and TOKAY are collectively referred to as the “Parties” and individually referred to as the “Party”.
Article 2 • Products
2.1 Essential characteristics and presentation
The photographs or illustrations of the Products presented on The Website are non-contractual.
Consequently, the responsibility of TOKAY cannot be engaged in case of nonconformity between one of these photographs or illustrations and the Product.
TOKAY informs The Customer of the essential characteristics of the Products offered for sale, relating in particular to:
- the brand
- the model,
- the references of the Product,
- the price,
- the technical characteristics,
- etc …
TOKAY invites The Customer to take note of these characteristics. However, TOKAY cannot be held responsible in case of modification of the characteristics of the Products by the suppliers.
TOKAY undertakes to deliver Products that comply with the laws and regulations in force, in accordance with national and European regulations.
TOKAY undertakes to deliver online orders within the limits of available stocks.
The Products available are those appearing on The Website on the day of its consultation by The Customer, unless otherwise specified.
TOKAY reserves the right to discontinue the marketing of a Product, without this calling into question the orders already placed for said Product.
In the absence of availability, TOKAY undertakes to inform the Client as soon as possible by email. The Customer may then cancel or modify their order.
In case of cancellation, The Customer will be refunded within a maximum of fourteen (14) days from receipt of the refund request if payment has already been made.
Article 3 • Price
Prices are quoted in euros all taxes included, excluding transport costs or other rights and / or taxes related to the importation of Products in The Customer’s country that have not been identified by TOKAY or its sub-agents during the importation, which The Customer will have to take in charge in this case.
It is specified that the value added tax is the French VAT at the normal rate in force on the day of the validation of the order.
If the VAT rate were to be changed, these changes may be reflected in the price of the Products.
Processing, delivery and packaging costs are charged extra. They are indicated on the summary of the order before the validation of the latter.
TOKAY reserves the right to modify the rates indicated on The Website at any time and without notice. The Products will be invoiced on the basis of the prices in effect at the time of the validation of the order by The Customer.
Article 4 • Customer Account
Orders are made online, directly on The Website.
During the first order, The Customer has the option to create a customer account: a login and a password must then be entered by The Customer.
In case of loss of their password, The Customer enters their email address in the corresponding field and the system automatically send a reinitialisation link to their email address.
The information provided by The Customer when creating their account are binding. In case of error, especially in the wording of the recipient’s details, TOKAY cannot be held responsible for the impossibility which it could be to deliver the Products.
Article 5 • Placing an order
The Customer places their order on The Website and chooses the number of Products. Any order implies acceptance of the price corresponding to the ordered Product(s).
The Customer also indicates their personal information, the delivery address and the method of payment.
Once the order has been filled in, The Customer has the possibility to check the ordered Product(s), the number of Products and the total price of their order in a summary. They may, if they want, modify their order or cancel it.
The Customer validates their order by clicking on the button “Pay” (PayPal) or “Validate” (PayZen), they thereby declare to accept the order and the entirety of the Terms of Sale, unconditionally. Finally, The Customer proceeds to the payment.
As soon as the order is registered, an acknowledgment of receipt of the order is sent to the e-mail address provided. This acknowledgment of receipt states:
- the number of the order,
- the essential characteristics of the Product,
- the quantity of Products,
- the amount invoiced, including transport costs,
- confirmation of payment,
- the terms and delivery address of the order,
- the contact information of TOKAY,
- information relating to after-sales services and commercial guarantees, if applicable,
- a reminder of legal guarantees of conformity and hidden defects,
- information relating to the conditions and methods to exercise the right of withdrawal by The Customer.
This acknowledgment validates the transaction. The Customer agrees that the computerized registration systems of the order are valid as proof of the purchase and its date.
Article 6 • Payment and retention of title
The full payment is made at the time of the order, in the currency chosen by The Customer.
Payment is made via PayPal or the Payzen payment platform.
In the case of a payment by credit card, the transaction is immediately debited on the credit card of The Customer after verification of its data, upon receipt of the debit authorization from the company issuing the credit card used by The Customer.
In accordance with Article L.132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to their credit card, The Customer authorizes TOKAY to debit their credit card the amount corresponding to the price of the Products to which are added the delivery charges, all taxes included.
For this purpose, The Customer confirms that they are the holder of the bank card to be debited, that the name appearing on the credit card is indeed theirs and that they have the necessary authorizations to make the payment if necessary. The Customer communicates the sixteen digits and the expiry date of their credit card as well as, if applicable, the numbers of the visual cryptogram.
In case of fraudulent use of their credit card on The Website, The Customer is invited to contact TOKAY by email at the following address: email@example.com or by calling the following number : +33 7 67 65 00 09
In the case of payment of the order via Paypal, The Customer having a PayPal account enters the email address linked to their PayPal account and their PayPal password. PayPal encrypts all of the information that The Customer has provided when creating an account, no information other than The Customer’s email address being communicated to TOKAY. Financial and personal information is encrypted automatically when sending any sensitive information to PAYPAL servers.
In the case where the debit of the sums due by The Customer would be impossible, the sale would be immediately resolved by right and the order would be cancelled.
A detailed invoice is sent by email to The Customer for each order. The invoice also remains available in The customer account.
The Products remain the property of TOKAY until receipt of all sums due by The Customer under the order, including fees and taxes.
Article 7 • Payment security
The Website is subject to a security system: the SSL encryption process, reinforced with a set of scrambling and encryption processes to protect as effectively as possible all sensitive data related to the means of payment.
Article 8 • Delivery
The Products are delivered to the delivery address indicated by The Customer during the ordering process. It is up to The Customer to check the completeness and the conformity of the information which they provide to TOKAY, the latter being, in no case, responsible for any entry error and the consequences in terms of delay or error of delivery. In this context, all costs incurred for the return of the Products will be entirely the responsibility of The Customer.
All orders will be processed and prepared within 2 working days after the order is placed. Hereafter, TOKAY undertakes to deliver orders within a usual average time of:
- 2 to 3 working days for delivery to Metropolitan France,
- 2 to 5 working days to Europe
- 3 to 6 working days for any other destination.
It is specified that the times indicated are in working days, except Saturday, Sunday and holidays, and correspond to the usual average times including processing times, preparation and routing of the order. They run from the date of confirmation of the order by TOKAY.
In case of exceeding the delivery date, The Customer has the possibility to obtain the cancellation of the sales contract by sending a registered letter with acknowledgment of receipt to the following address:TOKAY, 18, allée du lac saint andré, 73370 Le-bourget-du-lac, FRANCE, if, after ordering TOKAY to make the delivery within a reasonable additional period, the latter did not execute within that period.
The contract is, if applicable, considered broken upon receipt by TOKAY of the letter, unless it has made the delivery in the meantime.
In case of resolution, The Customer is reimbursed, by any means of payment, the total amount paid, as soon as possible and no later than fourteen (14) days following the date of receipt of the letter by TOKAY.
TOKAY cannot be held responsible for the non-performance of the contract, in particular in case of non-delivery, due to The Customer (eg: wrong information of the delivery address), to an unforeseeable and irresistible fact of a third party to the contract or to a force majeure.
The amount of shipping costs depends on the geographical area of delivery and the amount of the order. It is specified in the “Delivery Information” section at the bottom of the page. In any case, the amount of the delivery costs is indicated to The Customer before the validation of the order.
TOKAY reserves the choice of the delivery method and the carrier, depending on the nature and weight of the Products ordered in particular.
Article 9 • Receipt of the order and conformity of the Products
At the time of receipt of the Products, The Customer is required to check the condition of the packaging and the integrity of the Products delivered, and to issue, if applicable, any reservation and claim on the delivery note of the carrier and to inform TOKAY by sending a copy of the reservations made to the carrier by email within 7 working days following the date of delivery of the Products to the following address: firstname.lastname@example.org
The Customer must also state to TOKAY within 7 days of delivery, any claim of delivery error and / or missing. Any complaint made after this time will be rejected without possibility of appeal.
The Customer is also required to verify the compliance of the Products received in execution of their order at the time of delivery. Any nonconformity or defect must be notified to TOKAY within the legal deadlines.
As such, it is recalled that TOKAY is held liable for product conformity defects under the conditions of article L.211-4 and following of the code of consumption and hidden defects of the thing sold in the conditions provided for in articles 1641 and following of the civil code.
When acting as a legal guarantee of conformity, The Customer:
– has a period of two years from delivery of the property to act;
– may choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
– is exempted from furnishing proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.
The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, in which case they may choose between the resolution of the sale or a reduction of the selling price in accordance with the Article 1644 of the Civil Code.
Article L211-4 Consumption Code
The Seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
The Seller also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
Article L211-5 Consumer Code
To be in conformity with the contract, the property must:
1 ° Be fit for the usual expected use of a similar good and, where appropriate:
– correspond to the description given by the seller and possess the qualities that they have presented to the buyer in the form of a sample or model;
– present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or their representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L211-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 Civil Code
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or would have given a lower price if they had known them.
Article 1648 paragraph 1 Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In case of return for non-compliance or hidden defect, The Customer must make a request to TOKAY customer service, by mail to the following address: email@example.com detailing the defect or the non-compliance found, the general aspect of the shoe and of the sole.
TOKAY will examine The Customer’s request and will, at The Customer’s option, proceed to the exchange or refund of the Product (s), shipping and return costs, if found justified.
No return for non-compliance or hidden defects will be accepted without prior approval of TOKAY.
Article 10 • Right of withdrawal
In accordance with the provisions of the Consumer Code, The Customer has a period of fourteen (14) clear days from receipt of the Products to exercise their right of withdrawal, without having to justify reasons or pay penalties, except for return fees, by sending an email to the following email address: firstname.lastname@example.org. The Customer will then receive, without delay, an acknowledgment of receipt of their retraction by email.
Within fourteen (14) days after the submission of the form or the cancellation email to TOKAY, The Customer must return the Products to the following address: TOKAY, 18, Allée du Lac Saint-André, 73370 Le-Bourget-Du-Lac, FRANCE.
It is the responsibility of The Customer to keep the proof of deposit of the parcel that will be given by the carrier, the stamp of the Carrier being the proof of the date of return of the Product.
The return is the responsibility of The Customer, in case of loss of the package, no refund can be made.
TOKAY undertakes to reimburse The Customer, using the same means of payment used by The Customer for the initial transaction, the price of the Product and the delivery charges, on the basis of a standard delivery only, at the latest on the day of the recovery of the Products or the day The Customer provides proof of the shipment of the Products, the date chosen being the date of the first of these facts.
The risks and return costs are the sole responsibility of The Customer.
The right of withdrawal may be exercised only for returned Products complete, in perfect condition, clean, in their original packaging, with the provision of a copy of the invoice. Products returned incomplete, damaged, soiled, broken or damaged, for any reason whatsoever, will not be taken back.
The Customer is liable for the depreciation of the Product resulting from manipulations other than those necessary to establish its nature, its characteristics and its proper functioning.
In accordance with the provisions of the Consumer Code, The Customer cannot exercise the right of withdrawal for Products made according to their own specifications or clearly personalized according to the wishes of The Customer.
Article 11 • Liability
The responsibility of TOKAY cannot be engaged for all the inconveniences or damages inherent to the use of the Internet network, in particular a break of the service, an impossibility to access The Website, an external intrusion or the presence of computer viruses, or any qualified as force majeure, in accordance with French case law.
The Customer is solely responsible for damages caused to The Customer or to a third party resulting from misuse of the Products and the responsibility of TOKAY cannot in any case be sought in this respect.
Article 12 • Customer Service
For any information, question or complaint, TOKAY customer service is available to The Customer:
- by mail: email@example.com,
- by post: TOKAY, 18, Allée du Lac Saint-André, 73370 Le-Bourget-Du-Lac, FRANCE,
- by phone at +33 7 67 65 00 09 from Monday to Friday, from 9am to 5pm (CET).
Article 13 • Personal data
The data collected and subsequently processed by TOKAY are those that The Customer voluntarily transmits via the form and concern, at least, the name and surname of The Customer, a delivery address, a valid email address and a telephone number.
The data identified as mandatory within the form are required for order management, payment authentication and delivery of Products. They can be passed on to the companies involved in order fulfillment, management, execution, processing and payment. These data are stored and are kept for the period strictly necessary for the accomplishment of the purposes mentioned above.
These treatments were the subject of a simplified declaration to the CNIL (receipt n ° 2123711).
In accordance with the Data Protection Act of January 6, 1978, known as the “Informatique et Libertés” law, amended by the law of August 6, 2004, The Customer is reminded of the right to access and rectify data that concern themselves, that they can exercise by contacting TOKAY, by indicating their surname, first name and email address, by email to the following address: firstname.lastname@example.org or by mail to: TOKAY, 18, Allée du Lac Saint-André, 73370 Le-Bourget-Du-Lac, FRANCE.
They may also, for legitimate reasons, oppose the processing of data concerning themselves.
The Customer agrees and acknowledges that they are responsible for maintaining the confidentiality of passwords associated with any account used to place orders on The Website.
Consequently, The Customer accepts to be the one and only person in charge with regard to the company TOKAY of any act carried out from their account.
If The Customer becomes aware of an unauthorized use of their password or their account, they agree to inform TOKAY without delay at the following address: email@example.com or by post to: TOKAY, 18, Allée du Lac Saint-André, 73370 Le-Bourget-Du-Lac, FRANCE.
Depending on the choices made during the creation or consultation of the account, The Customer may receive offers from the company TOKAY. If The Customer changes their mind and no longer wishes to receive commercial offers, they may request as such at any time by sending an e-mail to the following address: firstname.lastname@example.org or by post to: TOKAY, 18, Allée du Lac Saint-André, 73370 Le-Bourget-Du-Lac, FRANCE. With their last name, first name and email address.
Article 14 • Force majeure
The responsibility of TOKAY cannot be sought for any delay or contractual breach resulting from a case of force majeure, namely an event outside the party’s control, irresistible and unpredictable.
The execution of TOKAY’s obligations will be suspended by the occurrence of an event constituting force majeure within the meaning of the case law of the French courts. In this case, TOKAY will inform The Customer as soon as possible of the duration of the event of force majeure and its foreseeable consequences.
Article 15 • Non-waiver
The fact that TOKAY did not avail itself at a given moment of any of the clauses of the present general conditions cannot waive these same clauses prevailing later on.
Article 16 • Modification
TOKAY reserves the right to modify the provisions of these Terms of Sale at any time, The Customer being bound by these modifications.
Orders will be governed by the version of the Terms of Sale in force on the date of placing the order by The Customer.
Article 17 • Independence of clauses
In the event that one (or more) provision(s) of these Terms of Sale must be held invalid, the validity of the other stipulations cannot be called into question unless they were inseparable from the invalidated provision.
Article 18 • Applicable law – Litigation
The sales contract concluded between TOKAY and The Customer is subject to French law, the application of any international convention being excluded.
In case of dispute, The Customer is informed that they can resort to a consumer mediator, after the failure of an attempt to settle amicably directly from TOKAY, in accordance with the provisions of the code of consumption.
The Client will find information on this subject on the following website: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
In the absence of mediation, the jurisdiction is that of the French courts, the competent court being appointed according to the rules of procedure in force in France at the time of the dispute.