General Terms and Conditions for Online Sales
It is recommended that you attentively read the present General Terms and Conditions of Sale and Use which govern the relationship between:
P&J Design Company, SAS with the capital of 636.340 Euros, whose registered office is located at 10 allée du Piot, ZAC Pole actif, at Gallargues (30660), registered in France at the RCS of Nimes under number 532223344, intercommunity VAT n°: FR89532223344, hereafter called “TAKOON”
Any person acting for purposes which do not enter within the framework of its commercial, industrial, artisanal or liberal activity, visiting and/or wishing to use the website www.takoon-family.com, and to carry out a purchase on a purely non-professional basis, hereinafter referred to as “the User”.
1.1The present general terms and conditions have the aim of defining the rights and obligations of the parties regarding the online sale of products and services sold on the www.takoon-family.com website. The actual ordering of a product or service shall imply the full acceptance of these general terms and conditions applicable to the online sales by the User of the site. To prove your acceptance of these terms, you must tick the box “I admit having read and accepted the TAKOON general terms and conditions of sale” on the website before placing your order.
1.2 TAKOON will acknowledge receipt of your order as of its validation by sending an email to you which will contain a link included referring you to these General terms and conditions of sale.
1.3 If the User refuses to accept the said General terms and conditions of sale, the User will not be able to buy any product on the Website of P&J Design Company.
The User understands and agrees that irrespective of the shipping destination of the products, or the User’s home country, this contract is subjected to the French law.
2.1The products offered on sale on the website www.takoon-family.com are within the limit of stocks available. In the event of out-of-stock condition after the placing of the order or in the event of impossibility of delivering the product, Takoon will inform the User by email as soon as possible. The User will then be able to cancel the order and be reimbursed for the cost of the product within fourteen (14) days following the User’s cancellation of order.
2.2 These provisions however do not deprive the User from exerciseing its right of cancellation.
2.3 Takoon informs the User of all the essential characteristics of the goods offered. These characteristics are supported by the photograph illustrating the offer.
2.4 Takoon highly recommends the User to read these characteristics attentively.
2.5 The User recognises that the photograph of the product that appears on the website is indicative only. Alterations can in fact appear due to the use of digital imaging.
3.1The prices of the products, excluding delivery costs, offered for sale are listed as follows:
3.1.1 EU Countries: in Euros (including all taxes)
3.1.2 United Kingdom: in Pounds (including all taxes)
3.1.3 Remaining parts of the world: in American tax-free dollar
3.2 The User is responsible for the shipping costs, which are shown to the User before the confirmation of its order.
3.2 Tax Refund
3.2.1 We can also dispatch in France and provide a form of remission of tax as from sales of €175 including all taxes but excluding shipping costs (later refunding of the VAT) for the people residing out of the European Union (overseas departments and Monaco are excluded). According to current tax law, the tax remission applies to travellers having usual residence in a state non-member of the European Union or in a third party state.
3.2.2 Takoon reserves the right to modify its prices at any time. However, the products will be invoiced on the basis of prices in force at the time of the order.
4.1 You can pay your order:
4.1.1 By credit card: Blue chart, Visa, MasterCard. Your account will be debited upon your order. In the event the products are not available, the amounts will be automatically refunded via the means of payment used during the validation of the order.
4.1.2 By TRANSFER: With this payment method, you must request a transfer towards one of our accounts as follows
4.1.3 Order in EURO: CIC Lyonnaise de Banque IBAN: FR76 1009 6185 5700 0366 4510 137 BIRO: CMCIFRPP
4.1.4 Order in USD: CIC Lyonnaise de Banque IBAN: FR76 1009 6185 5700 0366 4510 234 BIRO: CMCIFRPP
4.1.5 Order in GBP: CIC Lyonnaise de Banque IBAN: FR76 1009 6185 5700 0366 4510 137 BIRO: CMCIFRPP
4.1.6 With your PAYPAL account: By choosing the payment via PayPal, you will be automatically directed to your account PayPal.
4.2 Takoon reserves the right to refuse any order or any delivery in the event of: existing litigation with the User, non-payment or partial payment of a preceding order by the User, refusal of authorization of payment by credit card by banking authorities.
5.1 Once your basket is confirmed, you will have to choose the address, the mode of delivery, and to validate your mode of payment, the last stage formalising the sale contract with Takoon.
5.2 Ordering a product means acceptance of the prices and descriptions of the Product available on sale.
5.3 Takoon will acknowledge receipt of your order upon its validation by sending an email to you which contain a link referring you to the General terms and conditions of sale.
5.4 In the event of unavailability of an ordered product, you will be informed by email. The order of this product will be cancelled and a refund will be made, the rest of the order will be considered as valid.
6.1 General information
6.1.1The products are delivered to the address of delivery that you indicated to us during the ordering process. All shipments are insured at the actual value of the goods.
6.1.2 We advise you to carefully inspect the goods at the time of the delivery. In any case, you shall have a maximum of 24Hrs to inform us of any defects. You are advised to preserve the original packaging in the event of issues with the goods. We shall not be responsible for any delays due to the strikes, natural disasters…
6.2 Shipping delays
6.2.1 All purchased items are shipped within 24 hours (the orders placed before 14hrs are shipped on the same day). Shipping is only done within business days. Shipping delays are the average periods of time which correspond to the times of treatment, preparation and forwarding of your order (leaving the warehouse). You should also add the delivery time to this shipping delay.
6.3 Delivery periods
6.3.1The ordered product is delivered by regular mail or an independent shipping company, according to the nature of the product ordered and in Takoon’s exclusive direction, to the address being reproduced on the purchase order. The delivery time is indicated when the shipment leaves our warehouse. The choice of shipping carrier depends on the weight, the volume and the value of the goods.
6.4 Reception of the goods
6.4.1The User should verify the condition and the contents of the parcel once received and to check that it mathes his order. If the parcel is damaged or there are signs of an open package, the User must note them all on the shipping documents along with his/her signature. This verification process is deemed complete when the purchaser, or a person authorised by him/her, signs the delivery order. You will have to inform by registered mail the anomalies and to confirm your reservations with the shipper within 3 working days at most following the receipt of the product and to mail a copy of this email to the following address
Service Litigation Customers
10, allée du Piot
30660 Gallargues Montueux
6.4.2 If no complaints were issued with the delivery of the parcel or at the time of the reception of the parcel by the User, TAKOON will not be able to compensate or cancel the order. It is noteworthy that the right of cancellation only applies for products that are returned in good, sellable and new condition.
7.1 In accordance with the provisions of the article L121 20 of the Consumer Code, the User can, in the thirty (30) calendar days which follow the reception of its order, exercise his/her right of return. If the thirty (30) days’ deadline expires on a Saturday, Sunday or a public holiday, the User may exercise his right of return the first next working day.
7.2 To exercise this right, the User must go on the www.takoon-family.com website, in the heading “My account”, “My orders” then “To carry out a return”, select the article to be returned and to indicate the reason for the return. The User will then have to download the return slip and print it, in order to join it to the parcel. The User has thirty (30) calendar days, date as per postmark, as from the reception of its order to return, at his expense, the correctly packed new product. Upon the expiry of this period, TAKOON reserves the right to refuse the return of the parcel. The parcel must be sent to the following address:
10, allée du Piot
30660 Gallargues Montueux
7.3 The expenses for the product return are the responsibility of the User except in the cases hereunder defined, in which case the User will be reimbursed the expenses of return:
7.3.1 If the return product is defective in the beginning.
7.3.2 If the return product is a product not ordered, because of an error of order preparation.
7.3.3 If the User makes use of its right of cancellation by filling the form which is found here within 14 clear days.
7.4 Any incomplete, damaged, stained, carried or used product cannot be refunded.
8.1 Without prejudice to User’s right of cancellation, User benefits from all the legal guarantees associated to the products available for sale on the www.takoon-family.com website. The User will be refunded for incompatible products and those with defects. The claims are made by registered mail with acknowledgement of delivery to the Customer service TAKOON at the following address:
Service Litigation Customers
10, allée du Piot
30660 Gallargues Montueux
9.1TAKOON is responsible for the proper performance of his obligations under the distance selling contract of sale, even when these obligations are carried out by service providers, without prejudice to his/her right to institute proceedings against them. However, TAKOON shall exonerated from its responsibility if it proves that the defective performance of the contract is attributable to an unforeseeable and insurmountable fact of a third party to the contract or to a force majeure event.
9.2 In the same way, the liability of TAKOON cannot be invoked for various damage inherent in the use of Internet network, in particular the presence of computer viruses or external intrusion, or in the case of force majeure.
- HOW TO SUBSCRIBE TO TAKOON FAMILY
10.1 Subscription to the Takoon Family is done on the website www.takoon-family.com without obligation of purchase. Subscription to the Takoon Family entitles the user to a Membership card known as “Takoon Family card”, upon the payment of a fee defined hereunder for an unlimited period as from the date of purchase.
10.2 Subscription to the Takoon Family is 50 €, 40 GBP or 55 USD according to your home country.
10.3 Subscription to the Takoon Family does not involve any other obligation of purchase.
10.4 The new member has a right of cancellation during a fourteen (14) days period to refund his subscription, upon request made to the Customer service.
10.5 Upon the expiry of the time given for cancellation, subscription to the Takoon Family is final.
10.6 The Member shall provide at the time of subscription a valid email address and telephone number. TAKOON will not be held responsible for non reception of the electronic communications (emails and sms). The Takoon Family membership card is neither a payment card nor a credit card. It is strictly personal and non-transferable.
- ADVANTAGES OF CHART TAKOON FAMILY
11.1 Subscription to Takoon Family gives the possibility to the member to carry out purchases at Takoon Family Prices for all the products offered on sale on the www.takoon-family.com website.
11.2 Takoon Family shall also offer services at reduced prices with Partners. The list of these partners can be viewed on the website under the heading family.
- SPONSORSHIP OFFER
12.1The sponsorship allows the sponsor to take advantage, when his protégé subscribes to the Takoon Family and makes his first purchase on the www.takoon-family.com website, of a voucher of 10% of the gross amount, inclusive of taxes but excluding shipping costs, of the first purchase of his protégé. The protégé in turn will receive the membership card for free.
- CONDITIONS OF SPONSORSHIP
13.1 Sponsorship is open without time limitation to all legal and natural people of legal age, who is a member of Takoon Family (hereunder “the Sponsor”) and to all legal and natural persons of legal age wishing to carry out purchases on the site www.takoon family.com (hereafter the Protégé ).
13.2 The participation in sponsorship implies acceptance of the general terms and conditions of sponsorship in its entirety. This offer is valid only for two distinct individuals.
13.3 The Protégé can have one Sponsor.
13.4 Within the framework of sponsorship, the Sponsor can sponsor one or more unbounded Protégés, unlimited in number. The Protégé uses the membership number of Takoon Family at the time of its first visit on the www.takoon-family.com site
13.5 TAKOON reserves the right to exclude from the operation of sponsorship, after investigation, any person who would have defrauded. TAKOON does not however incur any responsibility with regard to the members because of the frauds committed.
- ATTRIBUTION OF PAYMENT
14.1 Sponsorship will be validated when the Protégé carries out a first purchase. Consequently, the Sponsor will profit from a good of purchase of 10% of the gross amount including all taxes of the first purchase of his protégé excluding shipping costs.
14.2 For the Protégé , the month offered will be applicable on the first invoice.
14.3 The voucher(s) offered cannot be exchanged in cash or against anything else of unspecified nature.
- USE OF VOUCHERS
15.1The vouchers accumulated by the Sponsor will be automatically deducted from any order made by the Sponsor on the www.takoon-family.com website
- PERIOD OF VALIDITY OF VOUCHERS
16.1The vouchers have a 12 months validity period as from the date of the 1st purchase of the protégé. Each Sponsor can follow in real time the number of vouchers in its customer heading on the www.takoon-family.com website
- WHAT ARE MY OBLIGATIONS
17.1The member of Takoon Family has obligation to inform TAKOON of any change of address, by logging onto the www.takoon-family.com website or by contacting the Customer service TAKOON, or by calling on the phone number +33 4 6653 20 18
- HOW ARE MY PERSONAL DATA TREATED
18.1 All personal data is subject to the law n° 78-17 of January 6, 1978, amended by the Law of August 6, 2004. For this reason, the member has the right to get access and rectify or remove the data relating to it handled by TAKOON, as well as the right to be opposed to the processing of these data at ends of direct commercial prospection. The member can exercise these rights near the Customer service Takoon,
10 alley Piot
ZAC active pole,
18.2 In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the personal data processing collected by the www.takoon-family.com website is the declaration object at the CNIL under the number 1967648v0
18.3 The fact of giving an email and/or a mobile telephone number at the time of a purchase on the www.takoon-family.com website automatically enrol the user’s e-mail and/or the Mobile telephone number as subscriber to the newsletters and sms. The member will be able to unsubscribe himself thanks to the link present on the newsletters or when clicking on STOP sms.
- INTELLECTUAL PROPERTY
19.1 All the elements of the www.takoon-family.com website, whether they are visual or sound, including unclaimed underlying technology, are protected by royalty, marks or patents. They are the full and whole property of TAKOON. Any reproduction, representation, modification, adaptation or use of one of the elements of the site www.takoon family.com website is constitutive of counterfeit, which can engage the civil and penal liability of its author.
19.2 The User who has an Internet site on a purely personal basis and who wishes to place, for a personal use, on his site, a link guiding directly to the banner page of the site, must obligatorily request the authorization of it from TAKOON. Moreover, any hypertext link returning to the www.takoon-family.com website and using, in particular, technique of framing, deep linking, in line linking or all other deep linking techniques is formally prohibited.
19.3 In all the cases, any link guiding on whole or part of the www.takoon-family.com website, even if regarded as tacitly authorised, will have to be withdrawn on request from TAKOON.
- MODIFICATIONS OF THE GENERAL TERMS AND CONDITIONS OF SALE AND MEMBERSHIP WITH TAKOON FAMILY
20.1The current general terms can be viewed on the www.takoon-family.com website.
20.2 TAKOON reserves the right to constantly modify or suspend the program without notice.
20.3 The modification particularly relate to the dependent services and advantages related to Takoon Family. In the case of a final adoption of the program, the member will profit from the advantages related to Takoon Family until the expiration of the validity of the chart, which he legitimately holds.
20.4 TAKOON reserves the right to constantly modify and adapt the current terms. The User is invited to regularly check the possible modifications on the website.
20.5 During the confirmation of an order on www.takoon-family.com website, the User or the member will accept the provisions of the latest version into force available on the www.takoon-family.com website.
20.6 If one of the clauses of the General terms and conditions of sale becomes invalid by the effect of a legal or lawful provision, or because of a court decision, the others will continue to apply.