Terms and Conditions of Sale
Article 1 - General Provisions regarding these General Terms and Conditions of Sale (hereinafter referred to as the "GTC")
1.1. PurposeThe GTC exclusively apply to the online sale of products listed on the website www.tosma.org, which is freely accessible to any internet user.
1.2. ScopeThe GTC exclusively govern the online sales contracts for Tosma's products to customers and, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, brochures, catalogs, or product photographs that are purely indicative. The GTC are exclusively applicable to products delivered to customers located in mainland France, overseas territories, and/or in a European Union member country. The GTC, as well as all contractual information mentioned on the website, are in the French language.
1.3. Availability and Enforceability of the GTCThe GTC are made available to consumers on the seller's website, where they can be directly consulted. The GTC are binding on the customer who acknowledges, by checking a designated box, that they have been informed of them and accepted them before confirming the order or pre-order. The validation of the order by its confirmation constitutes the customer's adherence to the GTC in force on the day of the order or pre-order, the conservation and reproduction of which are ensured by the professional seller in accordance with Article 1127-2 of the Civil Code (former C. civ., Art. 1369-4).
1.4. Modification of the GTCTosma reserves the right to modify its GTC at any time. In the event of a modification of the GTC, the applicable GTC are those in force on the date of the order or pre-order, a dated copy of which can be provided to the customer upon request.
1.5. Severability of GTC ClausesThe nullity of a contractual clause does not entail the nullity of the GTC, unless it is a decisive and determinative clause that led one of the parties to enter into the sales contract. The temporary or permanent non-application of one or more clauses of the GTC by Tosma shall not constitute a waiver on its part of the other clauses of the GTC, which continue to have effect.
Article 2 - ProductsThe products offered for sale and presented in the catalog published on the website each have a description indicating their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code. The photographs illustrating the products do not constitute a contractual document. If the method of use of the product is essential, it is mentioned in the electronic catalog or at the latest upon delivery. The products are sold and delivered within the limits of available stock. In case of unavailability of the ordered product, Tosma offers the customer either: the issuance of a voucher for the amount of the order; the refund of the order within 7 days. Apart from the refund of the price of the unavailable product, Tosma is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
Article 3 - PriceThe selling prices are indicated, for each of the products listed in the electronic catalog, in euros including all taxes, excluding delivery and transportation costs. The selling price of the product is the one in effect on the day of the order. Delivery and transportation costs are mentioned before validation of the order or pre-order and billed in addition, unless the order or pre-order exceeds a previously announced amount on the "Information" page under the "Delivery" category of the website www.tosma.org. They are specified on the order or pre-order summary. The total amount due by the customer is indicated on the order or pre-order confirmation page. In the case of price promotions, Tosma undertakes to apply the promotional price to any order or pre-order placed during the promotion period. Tosma reserves the right to modify its prices at any time, while guaranteeing the customer the application of the price in force on the day of the order. For deliveries to overseas departments and territories (DOM TOM), there is no VAT, but customs duties may be applicable.
Article 4 - OfferOnline sales offers presented on the website are reserved for customers residing in mainland France, overseas territories, and/or in a European Union member country, for deliveries to these geographical areas. Online sales offers presented on the website are valid, unless otherwise indicated, as long as the products are listed in the electronic catalog and within the limits of available stock. The customer's acceptance of the offer is validated, in accordance with the double-click process, by confirming the order.
Article 5 - Order and Pre-order
5.1 Pre-order ObjectiveThe customer is informed that a pre-order objective has been defined by Tosma to initiate production. In the absence of a sufficient number of pre-orders, Tosma undertakes to refund the customer in full.
5.2 Contract Conclusion StepsTo place an order or pre-order, the customer, after filling their virtual shopping cart with selected products and quantities, then clicks on the "Validate Cart" button and provides the necessary information for delivery and payment method. The order or pre-order is only validated after the customer has provided the information required for the proper execution of the sale and paid the indicated price. Before clicking the "Validate Cart" button, the customer has the opportunity to review the details of their order or pre-order and its total price, and to return to previous pages to correct any errors or possibly modify their order or pre-order. The sales contract is formed when the customer sends the order confirmation.
5.3 Order or Pre-order ModificationAny modification of an order by the customer after the confirmation of the order or pre-order is subject to the acceptance of the professional seller.
5.4 Order or Pre-order ConfirmationAn email confirming receipt of the order or pre-order and its payment is sent by Tosma as soon as possible. Tosma reserves the right to refuse any order or pre-order for legitimate reasons, particularly if the quantities of ordered products are abnormally high for customers who are individuals.
5.5 ArchivingThe archiving of communications, purchase orders or pre-orders, and invoices is carried out on a reliable and durable medium in order to constitute a faithful and lasting copy in accordance with Article 1360 of the Civil Code. These communications, purchase orders or pre-orders, and invoices may be produced as evidence of the contract.
Article 6 - PaymentThe price of the products is due in full after confirmation of the order or pre-order.
6.1 Payment MethodsPayment is made online by credit card or bank transfer.
6.2 Payment SecurityOur website uses 3D Secure security systems.
6.3 Default of PaymentIn case of default of payment of the full price within ten days, the contract will be automatically terminated.
6.4 Refund in case of Pre-orderIf the minimum target of a pre-order campaign is not reached, Tosma contacts the customer by email at the end of the campaign to announce its decision to refund. In this case, Tosma must proceed with the customer's refund within 14 days from the cancellation of the pre-order. Tosma is not responsible for any inaccuracies in the pre-order placed by the customer.
Article 7 - Delivery7.1 Delivery AreaTosma delivers all orders or pre-orders to mainland France, overseas territories, and the territory of the European Union.
7.2 Delivery Times
7.2.1 OrderTosma undertakes to deliver the products within the timeframe indicated on the order confirmation page by the customer, namely: From 24 hours to 5 days in mainland France; From 3 days to 10 days in European Union countries; 5 to 20 days in overseas territories. The delivery time corresponds to the shipping time indicated on the product page, plus the processing and shipping time. The time starts from the total payment of the order. The deadlines do not apply in case of force majeure or fortuitous events.
7.2.2 Pre-orderFor products sold during a pre-order period, delivery is made within the timeframe indicated on the pre-order page and in the pre-order confirmation email.
7.3 Delivery CostsDelivery costs are borne by the customer, unless the order or pre-order exceeds a predetermined amount.
7.4 Delivery MethodsThe products are delivered to the address indicated by the customer on the order or pre-order form. Delivery is made by: direct handover of the product to the customer by carriers depending on the size of the item; home delivery; pickup at a relay point. If the package is made available, it must be collected by the customer within fifteen days from the notice of availability. In the absence of collection within the specified period, Tosma may, after a notice to the customer that remains without effect, proceed with collection and automatically terminate the order. Delivery costs will not be refunded, and any return costs will be borne by the customer.
7.5 Product ComplianceWhen the product is delivered to the address provided, it is the customer's responsibility to check the condition of the delivered product in the presence of the delivery person and, if necessary, to make reservations on the delivery slip or transport receipt. If the product does not conform to the order or pre-order, the customer must submit a claim to the professional seller to obtain a replacement of the product or, if necessary, the resolution of the sale.
7.6 Delivery and Transfer of RiskThe product, which is delivered to the customer by a carrier chosen by Tosma, travels at the seller's risk and peril. The risk is transferred to the buyer when they physically take possession of the goods. The risks of loss or damage to the goods are transferred to the customer when they, or a third party they have designated, physically take possession of the goods, regardless of their nature.
7.7 Transfer of OwnershipFrom the effective delivery, ownership of the product is transferred to the customer.
7.8 Delivery Delay
7.8.1 Order Delivery DelayIf delivery has not occurred within 30 days following the date of the online order, the customer may request a refund within 30 days. In the case of a pre-order, the deadline is calculated 30 days following the delivery date indicated on the pre-order page. This deadline does not apply in case of force majeure.
7.8.2 Pre-order Delivery DelayThe customer acknowledges that in the case of a pre-order, the delivery time will be extended. The delivery time depends on the time required and the production volume of all pre-ordered products.
7.9 Non-DeliveryThe complete failure of delivery results in the automatic termination of the sales contract and the refund of the paid price, including delivery costs. A delivery incident will not be considered a non-delivery.
Article 8 - Legal Warranty of Conformity and Warranty for Hidden DefectsAll products supplied by Tosma benefit from the legal warranty of conformity provided for in Articles L. 217-4 and following of the Consumer Code, or the warranty for hidden defects provided for in Articles 1641 and following of the Civil Code. French law applicable to the contract cannot have the effect of depriving the customer residing in another member state of the provisions on warranties provided by their national law in accordance with the directive of May 25, 1999 concerning the sale and guarantees of consumer goods. Tosma is responsible for hidden defects in the sold item that make it unfit for the use for which it is intended, or which so diminish that use that the customer would not have acquired it, or would only have given it a lower price, if they had known about them. The customer may decide to implement the warranty for hidden defects in the sold item within the meaning of Article 1641 of the Civil Code. In this case, they may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
Article 9 - Right of Withdrawal and Return of Ordered or Pre-ordered ItemsIn accordance with Articles L. 221-18 and following of the Consumer Code, the customer has a period of 14 days from the receipt, by themselves or by a third party, of the ordered or pre-ordered items to exercise their right of withdrawal without having to provide reasons or pay penalties. To exercise the right of withdrawal, the customer must send an email containing their name, first name, address, and order number, clearly indicating that they are exercising their right of withdrawal to the following address: email@example.com. The return costs of the ordered or pre-ordered product delivered to the customer will be borne by the customer. The customer can return the products to the following postal address: Tosma 1 avenue de la devinière, 2nd floor, 44000 Nantes. The returned products must be new, unused, and, if applicable, in their original packaging. Any item returned dirty and/or damaged by the customer will not be accepted. The return is made after the receipt and confirmation of the claim by Tosma. It is the customer's responsibility to retain proof of this return. The customer will be refunded the entire amount of their order or pre-order, at the invoiced price, with the exception of return costs, within 15 days from the receipt by Tosma of the returned order or pre-order. This refund will be made using the same payment method as the initial transaction. If the return is refused by Tosma for the reasons mentioned above, the products will then be returned to the customer at their expense, without them being entitled to any compensation or right to a refund, except for the subsequent exercise of their warranty rights for the products sold.
Article 10 - LiabilityTosma's liability cannot be engaged in the following cases: - Non-compliance with the laws of the countries in which the products are delivered, which it is the customer's responsibility to verify. - Non-performance or improper performance of these terms and conditions by the customer. - In case of misuse, negligence, lack of maintenance by the customer, accidents, or force majeure. In particular, Tosma disclaims all liability and shall not be held responsible for any damage caused to the customer or a third party due to the use of the product that is not in accordance with its intended purpose. - Tosma's warranty is limited in any case to the replacement or refund of non-conforming products or products affected by a defect.
Article 11 - ComplaintsIn the event of a dispute, the customer must make an amicable complaint to Tosma by email: firstname.lastname@example.org or by postal mail to the following address: Tosma 1 avenue de la devinière, 2nd floor, 44000 Nantes.
Article 12: Intellectual PropertyThe content of the website www.tosma.org, its general structure, as well as the software, texts, images, animated or not, photographs, sound, know-how, and all other elements composing the website are the exclusive property of Tosma or its partners who have granted it a license. Any total or partial representation of this site by any person whatsoever, without the express authorization of Tosma, is prohibited and would constitute an infringement sanctioned by the Intellectual Property Code. The distinctive signs of the website www.tosma.org such as domain names, trademarks, trade names, as well as logos appearing on the website are protected by the Intellectual Property Code. Any total or partial reproduction of these distinctive signs carried out from the elements of the website without Tosma's express authorization is therefore prohibited.
Article 13: Force MajeureIn the event of force majeure as defined by current jurisprudence, the performance of Tosma's services will be suspended in whole or in part. Force majeure refers to any external, unforeseeable, and insurmountable event preventing Tosma from performing its contractual obligations. In case of the occurrence of an event qualified as force majeure according to the previous paragraph, Tosma undertakes to notify the customer as soon as possible.
Article 14 - Disputes, Competent Court, and Applicable LawThe T&Cs are subject to French law, subject to the mandatory rules of the consumer's country of residence. In the absence of an amicable agreement, any dispute relating to the existence, interpretation, conclusion, performance, or termination of the T&Cs, as well as all documents related to these T&Cs, will fall under the exclusive jurisdiction of the competent French courts in accordance with the provisions of the Code of Civil Procedure.WITHDRAWAL FORM(Please complete and return this form only if you wish to withdraw from the contract.)To the attention of Tosma 1 avenue de la devinière 44000 Nantes email@example.comI hereby notify you of my withdrawal from the contract for the sale of: Tosma original, 50-gram package Ordered on: Order date Customer's name: Customer's address: Date: Customer's signature: