GENERAL TERMS AND CONDITIONS OF SALE
1. DEFINITIONS
TISSUS PRINT markets different types of products that can be classified according to the following categories:
Customised fabric and kit: refers to any article requiring a personalisation service according to the information given by the Customer. As such, TISSUS PRINT requires a minimum of 50 centimetres (0.5m) when purchasing personalised fabric.
Personalised finished product: means any item purchased with the mention "SEWING OPTION: YES". As such, TISSUS PRINT does not guarantee that the products will be manufactured and dispatched on a specific date. However, they will be manufactured as soon as possible. Please note that once sewn, the printed pattern loses about 1 centimetre of seam allowance. The visual of the pattern will therefore be truncated by about 1 cm.
1. PURPOSE
The purpose of the general terms and conditions of sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller proceeds with the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer.
They apply, without restriction or reservation, to all sales by TISSUS PRINT of the products offered on its website.
Consequently, the fact that any person orders a product offered for sale on the TISSUS PRINT website implies full and complete acceptance of the present general conditions of sale, which the Customer acknowledges having read prior to ordering.
The products are offered for sale on the geographical territory defined here. The Customer, prior to placing an order, declares :
That the purchase of products on the TISSUS PRINT website is limited to personal or professional use.
That he/she has full legal capacity, allowing him/her to commit himself/herself under the present general conditions of sale.
2. IDENTITY OF THE COMPANY
Registered office
TISSUS PRINT
ZAC des Bousquets
86 rue des Découvertes
83390 Cuers
Siret : 519 524 094 00017
RCS : TOULON
3. ACCESS TO THE SITE
The Customer is personally responsible for the installation of the computer and telecommunication means allowing access to the TISSUS PRINT Site.
The Client retains the telecommunication costs for accessing the Internet and using the site.
4. FORMATION OF THE CONTRACT AND ORDERS
4.1. Prices
The sale prices of the products online on the TISSUS PRINT website, indicated in euros, are those in force at the time of registration of the order form by the Customer.
They do not include shipping costs, which are invoiced in addition to the price of the products purchased according to the weight in kilograms of the order.
The shipping costs will be indicated before the Customer registers his/her order.
The prices include the value added tax (VAT) applicable on the day of the order and any change in the applicable rate will automatically be reflected in the price of the products sold by TISSUS PRINT on its website.
The prices that appear on our website are subject to change.
Until the formation of the order, any buyer can take advantage of the prices shown on our website.
4.2 Product characteristics
The characteristics of each of the products sold on our site are presented on the site. The colours of the products displayed on our site cannot be guaranteed, due to the resolution capabilities of the images by computer systems. Furthermore, a colour matching may have a different appearance depending on the baths and arrivals.
Nevertheless, the Customer has a right of withdrawal under the conditions set out below.
All our products are intended to meet the characteristics that the Customer may expect according to their nature and function.
No special requirements can be taken into account unless they have been expressly agreed.
Furthermore, our products often have several images, including a mockup. This mockup allows us to put the product in a situation in order to have a more precise idea of what your product will look like once sewn. Nevertheless, this mockup has a non-contractual value, it does not reflect the exact reality and is given as an indication.
4.3. Availability of products
Our products can be sold while stocks last.
If, despite the formation of an order, a product is unavailable, the sale will be cancelled and any sum paid by the Customer will be returned to him as soon as possible, and at the latest within thirty days.
For products not stored in its warehouses, the offers presented by TISSUS PRINT are valid subject to availability from its suppliers.
TISSUS PRINT reserves the right to modify the range of products according to the constraints of its suppliers.
4.4. Unit and minimum purchase quantity
The products sold on the TISSUS PRINT website are sold either by the quarter of a linear metre, by the half metre or by the unit, depending on the product.
The minimum purchase for products sold by the linear metre is half a metre. For certain products, Tissus Print reserves the right to change the minimum purchase to one metre.
For products sold by the unit, the minimum purchase is 1 unit. For more than 1 unit, it is possible to order in increments of 1 unit.
4.5. Order
Any order implies full and complete acceptance of these general terms and conditions of sale.
Once the Customer has registered his/her order by clicking on the "Order" icon, he/she is considered to have accepted, with full knowledge of the facts and without reservation, the present general terms and conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered.
However, the Customer may cancel his order within one hour after its validation.
TISSUS PRINT recommends the Customer to keep this information on a paper or computer document.
4.6. Electronic validity
The online provision of the Customer's bank card number and the final validation of the order will be considered as proof of the Customer's agreement in accordance with the provisions of the law of 13 March 2000 and will be considered as :
- the sums due under the order form are payable,
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the Customer is invited, as soon as this use is noted, to contact the institution holding the account.
5. PAYMENT
Payment must be made at the time of ordering by the Customer. At no time may the sums paid be considered as a deposit or advance payment.
All orders are payable in euros.
To pay for his order, the Customer has the following payment methods:
Credit card
Cheque (Payment by cheque is limited to 500€. For an order of more than 500€, bank checks are accepted. To do this, select "bank transfer" during the payment process).
Bank transfer
For any payment by bank transfer or cheque, the stock is not reserved.
For any payment by cheque, you have 15 days to send it.
TISSUS PRINT reserves the right to suspend any order and/or delivery, whatever its nature and the moment at which this decision is taken, if a failure of the payment system occurs, and/or if the payment cannot be made by this system, due to the non-existence or unavailability of the price which should be transmitted to it at the time of the order.
Nevertheless, if the sale is made, and for one reason or another, the payment has not been made, TISSUS PRINT reserves the right to ask for the resolution of the sale.
Furthermore, subject to this reservation, all sums owed to it will produce interest on arrears at the legal rate increased by five points from the formation of the contract, until payment.
The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.
In the context of the fight against Internet fraud, the information relating to your order may be transmitted to any third party for verification.
6. DELIVERY AND RECEIPT
6.1. General rules
You have the choice between Home Delivery, On-site Collection, Local Shop and Post Office.
The shipping costs are at the expense of the Customer. The calculation of the shipping costs is made in proportion to the total weight of the ordered items.
By default, invoices are sent to the e-mail address indicated by the Customer during registration.
If the procedures set out below are not followed, no claim by the Customer will be accepted.
6.2. Characteristics of the Colissimo Suivi de la POSTE system
The Customer is delivered to his home by his postman within 96 working hours and signs a delivery note acknowledging receipt.
In the event of absence, the Customer or the recipient of the ordered product receives a notice of passage from his postman, which allows him to withdraw the ordered products, at the nearest post office, during a period of fifteen days.
The Customer is obliged to check, in the presence of the postman or the deliveryman, the state of the packaging of the goods and its contents on delivery.
In the event that the Customer has any doubt whatsoever about the condition or content of the package, he/she must
to apply the Colissimo procedure (in particular to report any damage due, any claims and reservations) and to refuse the goods by immediately issuing a statement of anomaly to the Post Office employee;
to report these incidents to TISSUS PRINT by email to [email protected].
All the general conditions of the Colissimo Suivi system of the Post Office are available on the website www.colissimo.fr.
6.3. Delivery times
Attention: Delivery time = Preparation of the order + Transport
If the delivery time expires on a Saturday, Sunday, public holiday or day off, it is postponed to the next working day.
The delivery time will be increased in the event of a strike, whether general or special, involving the seller and/or its suppliers.
It shall also be extended in the event of impossibility of delivery, in particular as a result of bad weather or in the event of force majeure.
If delivery is not made within seven days after the deadline set above, the Client may cancel the sale by registered letter with acknowledgement of receipt, unless delivery is made before this letter is received by the seller.
The right to request the cancellation of the contract may be exercised within sixty working days from the date indicated for the delivery of the goods.
7. RIGHT OF WITHDRAWAL
Unless one of the exceptions listed below is applicable, you may withdraw from your order without giving any reason within 14 days from the date on which you, or a third party designated by you (other than the carrier), took physical possession of the purchased Products or from the date on which you concluded the contract.
You must notify us at TISSUS PRINT of your decision to withdraw from your order.
In order to comply with the withdrawal deadline, all you need to do is send your withdrawal request before the 14 day period expires and return your Product.
For further information on the scope, content and instructions on how to exercise your right of withdrawal, please contact our Customer Service.
EFFECTS OF WITHDRAWAL
TISSUS PRINT will refund all payments received from you, including standard delivery charges (i.e. the cheapest delivery we offer), no later than 14 days from receipt of your request for withdrawal. TISSUS PRINT reserves the right to use the same method of payment as the one you used for your initial order, unless you expressly agree to a different method. In any event, this refund will not incur any additional costs for you. However, TISSUS PRINT may defer the refund until it receives the Product(s) or until you provide proof of shipment of the Product(s), whichever comes first. If the refund is made after the above-mentioned deadline, the amount due to you will be
If the refund is made after the above-mentioned deadline, the amount due to you will be increased by operation of law.
Please note that you must return the product(s) following the instructions available from our online returns centre no later than 14 days from the date you notify us of your decision to withdraw.
You must bear the direct cost of returning the product(s). You will be responsible for the depreciation in value of the product(s) resulting from handling (other than that necessary to establish the nature, characteristics and proper functioning of the product(s))
EXTENDED WITHDRAWAL PERIOD
For your optimal satisfaction, we offer an extended right of return of 30 days from receipt of the product.
The parties agree that only the withdrawal period is waived. The terms and conditions for exercising this right of withdrawal remain determined by the law and these general terms and conditions.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the law, the Customer is informed that the right of withdrawal does not apply to :
- the delivery of products that cannot be returned for reasons of hygiene or health protection, if you have unsealed them or if they have been inseparably mixed with other items after delivery;
- the delivery of audio or video recordings or computer software if you have unsealed them after delivery;
- the delivery of products that have been made to your specifications or clearly personalised;
- the supply of products that are likely to deteriorate or expire rapidly;
- the supply of services fully executed by TISSUS PRINT for which you have accepted at the time of placing your order that we start their execution, and waived your right of withdrawal;
- the supply of digital content (including applications, computer software, digital books, music downloads, etc.) not provided on a physical medium (e.g. on a CD or DVD) if you have agreed at the time of placing your order that we will commence the supply of such content and have waived your right of withdrawal;
- the supply of newspapers, periodicals or magazines except for subscription contracts for such publications; and
- the supply of alcoholic beverages, the value of which agreed at the conclusion of the contract depends on market fluctuations beyond our control.
In any event, the Customer undertakes to return the Product(s) under the following conditions:
1. Use the original packaging to return the product.
2. The order number must be clearly marked on the packaging. Returns without an order number will not be accepted.
3. Send the package to the following address
TISSUS PRINT
Montée des écureuils
83210 Solliès-Pont
TISSUS PRINT does not accept packages sent with postage due.
Products must be returned to TISSUS PRINT in perfect condition for resale, in their original state (packaging, accessories, instructions, etc.).
EXERCISE OF THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) by post to Tissus Print, Montée des écureuils, 83210 Solliès-Pont; by telephone on 04 22 14 50 00 or by e-mail using the contact form.
In order for the withdrawal period to be respected, it is sufficient for you to transmit your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
8. RETENTION OF TITLE
TISSUS PRINT retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included.
9. GUARANTEES
9.1. Conformity
TISSUS PRINT guarantees the conformity of the products, subject to the reservations set out above, under the conditions set out in the Consumer Code.
9.2. Hidden defects
The products sold are covered by the legal guarantee against hidden defects.
10. LIABILITY
TISSUS PRINT cannot be held responsible for the non-execution of the contract in case of stock shortage or unavailability of the product due to a case of force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications.
TISSUS PPRINT cannot be held responsible for any indirect damage that may arise from the purchase and delivery of the products.
TISSUS PRINT cannot be held responsible for any loss of data or files. It is up to the Customer to make all necessary backups.
Indeed, TISSUS PRINT does not carry out any follow-up of files. These are automatically deleted from our database after 30 days. This is why it is imperative to send us your file as well as your indications (if necessary).
The TISSUS PRINT website also contains information from third parties and links to other websites.
TISSUS PRINT shall not be liable for any damages resulting from the use of, access to, or inability to use such third party information or the content of other websites.
The guarantee of TISSUS PRINT is limited to the value of the purchased products.
11. CUSTOMS
When you order products from TISSUS PRINT for delivery outside the European Union, you may be subject to import duties and taxes, which are collected when the package arrives at its destination. Any additional customs clearance charges will be your responsibility; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for more information. Also, please note that when you order from Amazon, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products. Your privacy is important to us and we would like to point out to our international customers that cross-border deliveries are subject to opening andinspection by customs authorities.
12. CHANGES TO THE SERVICE OR TO THE TERMS AND CONDITIONS OF SALE
TISSUS PRINT reserves the right to make changes to its Website, procedures, and terms and conditions, including these Terms and Conditions at any time. You are subject to the terms and conditions, procedures and Terms and Conditions in force at the time you order a Product from us, unless a change to those terms and conditions, or these Terms and Conditions is required by an administrative or governmental authority (in which case, that change may apply to previous orders you have placed). If any provision of these Terms and Conditions is deemed invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
13. PARTIAL INVALIDITY
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
14. NON-RENUNCIATION
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.
15. FORCE MAJEURE
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
Translated with www.DeepL.com/Translator (free version)
16. APPLICABLE LAW AND COMPETENT JURISDICTION
The sales of products by TISSUS PRINT are subject to French law. Any dispute relating to the interpretation, execution or breach of the contract concluded between TISSUS PRINT and the Customer, even in the event of multiple defendants, will, in the absence of an amicable agreement, be under the exclusive jurisdiction of the courts of TOULON or the court of the place of delivery of the goods, except in the case where the Customer is a consumer as defined by the texts in force.
17. DATA PROCESSING AND LIBERTIES
The information collected by TISSUS PRINT during any order from the Customer is necessary for the management of the order by TISSUS PRINT.
In accordance with the French law "Informatique et Libertés" n° 78-17 of 6 January 1978, the Customer has the right to access, rectify, oppose and delete the data concerning him/her at TISSUS PRINT.
Through TISSUS PRINT, the Customer accepts to be informed of TISSUS PRINT's offers.
If the Customer does not wish to receive these offers anymore, he can inform TISSUS PRINT by mail or e-mail.
TISSUS PRINT reserves the right to install cookies on the computer of visitors to its website. A cookie does not allow us to identify you. In general, it records information about your computer's browsing on our site which we can read on your subsequent visits.
18. CREATORS' PROPERTY RIGHTS
Any product sold on the www.tissus-print.com website marked as a "CREATION" is subject to copyright. These products marked "CREATION" are the property of the Creator. Thus, these products are not authorised for commercial use. If, however, a Customer wishes to resell a work of art purchased from the WEB www.tissus-print.com site, he/she must obtain express written authorisation from the holder of the copyright (the Creator). To do so, please make your request to our sales department via the address [email protected].
19. RIGHTS OF USE
Reproduction of copyrighted, trademarked or otherwise protected content without right or permission is a violation of Tissus Print's Terms of Use and international law.
Uploading content in violation of these principles may result in the suspension of your account.
Unacceptable content may include licensed images, celebrity images, fictional characters, company, book, product name, etc.
This applies to any file uploaded via a product sheet of any custom fabric, and any custom kit.
By uploading Content to our site www.tissus-print.com, you represent and warrant that :
You have the lawful right to reproduce and distribute this Content;
The Content does not infringe any copyright, trademark, trade secret or other intellectual property right of any third party:
The Content complies with all applicable federal, state and local laws, regulations and ordinances;
The content does not violate any individual's right to privacy or fame;
The content is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, pornographic, obscene, indecent, inflammatory, hateful, tortious or racially, ethnically or otherwise objectionable.
20. COLOUR PROPERTIES
Please note that a certain number of elements are likely to generate a printed rendering that differs from that of the file sent. The composition of the fabric chosen, the colorimetric method chosen and the digital printing process used do not allow us to affirm the accuracy of the rendering of your file sent, or even of the colours displayed on our products. Please understand that all images displayed online are digital renderings, and do not correspond in any way to the rendered print colours.
For this reason, we recommend that you always order a sample of your design.