1. SCOPE OF APPLICATION
The present general terms of sale apply, without restriction or reserve, to all sales concluded by AIMATA ("the Seller"), whose complete contact details appear in article 8 hereafter, with consumers and non-professional buyers ("the Customers"), wishing to acquire the products offered for sale by the Seller ("the Products") on the website https://aimata-tahiti.com/ ("the website").
The general terms and conditions of sale govern the entire relationship between the Seller and the Customer and prevail over any other exchange. They specify in particular the conditions of order, payment, delivery and management of the possible returns of the Products ordered by the Customers.
The General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website and will prevail, if necessary, over any other version or any other contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website, and accepted by the Customer, on the date the order is placed.
The modifications of these General Conditions of Sale are opposable to the users of the Internet site as from their on-line publishing and cannot apply to the transactions concluded previously. For this reason, the Seller invites the Customer to read the General Terms and Conditions of Sale carefully before each order.
The Customer acknowledges and declares that the purchase of the Products is strictly limited to personal use.
He also declares that he is of legal age and/or legally capable at the time of the transaction.
We remind you that you can contact the Seller by email at aimata.tahiti@gmail.com.
For any other legal information, please consult the section: Privacy Policy.
2. PRODUCTS
The Products offered for sale on the website are those which appear on the website, at the day of the consultation of the website by the Customer. The products offered for sale are described below.
PURCHASE OF CLOTHES
AIMATA offers the purchase of clothing including pareos, dresses, bedsets and runners.
The photographs of the Products on the website are presented as faithfully as possible but do not contractually bind the seller.
The Customer must refer to the description of each Product in order to know the properties, the essential characteristics and the delivery times.
The contractual information is presented in French and English.
The Products presented on the website are offered for sale in the countries specified in section 8.
In case of an order to a country other than French Polynesia, the Customer is the importer of the Product(s) concerned.
The Product ordered may be subject to import fees, customs duties or other local taxes applied when the product reaches its final destination. In such a case, the Customer is the importer and is responsible for these costs.
3. DURATION OF VALIDITY OF THE PRODUCT OFFER
Product offers and prices are valid as long as they are mentioned on the website. Information on the availability of the Products is provided to the Customer on the day of the order. In the event that the Products ordered and paid for are exceptionally no longer available, the Customer Service Department will contact the Customer as soon as possible to inform him/her of this and proceed with the full refund of the sums paid by the Customer. The Seller reserves the right to withdraw Products from sale at any time.
4. SELLER’S CONTACT INFORMATION
The Seller’s contact information is as follows:
AIMATA – BP 829 – 98713 Papeete – French Polynesia
Registered under the number Tahiti D74220
Registration number: TPI 20 1093 A
E-mail: aimata.tahiti@gmail.com
AIMATA is the trade name attached to the company whose name is: BUISSON HEIMANO AUDE AIMATA KIM. The company is registered under the number Tahiti D74220 in French Polynesia, whose head office is Auae quartier Degage – Faa’a – BP 829 – 98713 – French Polynesia.
It is an auto-entrepreneur type company declared and managed by Miss BUISSON Heimano, the term AIMATA quoted below and in other pages of the Site, represents without differentiation, Miss BUISSON Heimano and the entity of her company.
5. ORDERING PROCESS
The ordering process is described below
Fill the virtual basket by clicking on the “Add to basket” button and indicating the selected Products and the desired quantities. Check the virtual basket and modify, if necessary, its content.
Click on the “Finalize your order” button.
Fill in the delivery information (complete identity, e-mail address, telephone number, delivery address).
Fill in the billing address if it is different from the shipping address.
The information is provided under the sole responsibility of the Customer and is deemed authentic in case of dispute.
The summary page of the virtual basket clearly indicates to the Customer the obligation of payment resulting from the validation process of the order by the mention “Complete order” which means “Validate the order” and which leads to the payment page.
At the end of the order process, the Customer is invited to choose his or her payment method. Only the payment by credit card is available, the Customer must fill in the information of the credit card used (name of the holder, card number, expiration, cvv).
The Customer is then invited to click on the “Complete order” button which means “Validate the order”. By clicking on this button, the Customer is redirected to the payment service provider and proceeds to the payment according to the desired conditions (Carte Bleue, Visa or Mastercard) – please refer to the article Payment Conditions for more information.
The registration of an order on the website is completed when the Customer accepts the General Terms and Conditions of Sale by validating and finalizing the order through payment.
The Seller sends, without delay, by e-mail, an acknowledgement of receipt of the order, containing a summary of the information already contained in the order form (General Terms of Sale, information relating to the essential characteristics of the product, detailed indication of the price, means of payment, the existence of the right of withdrawal and the delivery times and costs).
After receiving the confirmation e-mail, the order can neither be modified nor cancelled, except in the case of the exercise of the right of withdrawal or in the event of force majeure.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.
Each delivery is carried out by registered mail with acknowledgement of receipt, the customer will be informed by email as soon as his order is handed over to the partner carrier and will be able to follow the routing of his order with the shipping number indicated in the email.
In accordance with the provisions of Article L.121-11 of the Consumer Code, the Seller reserves the right to refuse or cancel an order in case of legitimate reasons (e.g. order in abnormal quantity, placed in bad faith or order from a Customer with whom there is a dispute relating to a previous order).
6. PRICES
The Products are supplied at the prices in force appearing on the Internet site at the time of the recording of the order by the Salesman.
The prices are expressed in Euros and without tax whatever the country of delivery. A 16% tax is applied for deliveries in French Polynesia.
Customs duties, other local taxes, import duties or state taxes may be payable upon entry into the country. These duties are not the responsibility of AIMATA. They are the sole responsibility of the customer in terms of declarations and payments to the competent authorities of the country concerned.
The prices take into account any discounts that may be granted by the Seller on the website.
The Seller may reserve the right to offer promotional codes. These promotional codes can only be issued by the Seller. The Seller shall not be held responsible for any promotional codes disclosed on the forums other than those issued by the Seller and to which it would not have consented.
These prices are firm and non revisable during their period of validity, as indicated on the website. The Seller reserves the right, outside this period of validity, to modify the prices at any time.
The price displayed does not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the website and calculated prior to placing the order.
If the customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs are fully charged to the customer. The customer will have to contact AIMATA directly by email and explain his wish.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The products remain the property of AIMATA until the full payment of the price, whatever the date of transfer of risk.
7. TERMS OF PAYMENT
For the payment of the price of the Products and the costs related to shipping and delivery, the Customer may follow the procedures indicated in the order form.
The price is payable in full on the day of shipment of the order to the Customer by the Vendor by means of secure payment by credit card: Bank Card, Visa or Mastercard.
In case of payment by credit/debit card, the financial information (for example, the credit/debit card number or the due date) will be transferred, by means of an encrypted protocol, to the company PayZen by OSB, AIMATA’s partner bank in the provision of services related to remote electronic payment, without third parties being able to have access to it under any circumstances.
The Seller will never have knowledge of the financial information. The Seller will be in connection with PayZen by OSB for the procedures related to the purchase or to issue refunds in case of possible return of the Products in accordance with the right of withdrawal, or, in the event that it would be necessary to prevent or report to the competent authorities the occurrence of fraud.
8. DELIVERY OF PRODUCTS
The Products ordered by the Customer can be delivered to any country in the world. The average delivery time is 10 to 20 working days.
The delivery times announced on the site are purely indicative and depend on the destination and availability of the Product ordered. Exceeding this time limit may not give rise to any cancellation of the order, to any reduction in the price paid by the Customer, or to any payment of damages.
However, and in accordance with the provisions of Article L.121-20-3 of the Consumer Code, in the absence of delivery at the end of a period of thirty days from the day following the day on which the Customer placed his order, the Customer will have the option of cancelling his order without charge. The sums paid by the Customer will then be refunded.
If possible, AIMATA reserves the right to offer the customer a product of equivalent quality and price to the initial product.
AIMATA cannot be held responsible for any additional delay caused by the non-delivery of a bank authorization or an incomplete or wrongly filled in order form.
In case of non-conformity of the delivered Product, the Seller commits himself to remedy it or to reimburse the Customer, as indicated in article 12 – “Legal guarantee”.
9. RECEIPT OF PRODUCTS AND COMPLAINT
Concerning the reception of the parcels, AIMATA strongly recommends the customer to check the apparent state of the products at the time of delivery. In case of anomaly (missing or damaged products), the customer:
– must make all the necessary reservations on the delivery receipt,
– must send within 48 hours following the delivery a declaration of reserve to the carrier by registered mail with acknowledgement of receipt
– must send a copy of this mail to the Customer ServiceBP 829 98713 PAPEETE – FRENCH POLYNESIA.
In case of doubt, the Customer is advised to open the package in the presence of the carrier to ensure that there is no damage to the product. Otherwise, no claim can be made by the customer to the Seller AIMATA.
10. RIGHT OF WITHDRAWAL
The Customer has 14 days to exercise his right of withdrawal on the Product. Within the 14 days following the date of receipt of the ordered goods, the Customer can ask for an exchange or a refund of the purchased items.
Beyond the 14 days period, AIMATA will be free to refuse the exchange, the credit note or the refund.
The exchange or refund procedure is as follows:
– The customer must inform AIMATA of his wish to withdraw within 14 days after receiving his order.
– The Customer can write to aimata.tahiti@gmail.com specifying his order number, the date of receipt of his order, his name and surname, his email address, the reasons for his withdrawal and his wish.
– AIMATA will send an email acknowledging receipt of the withdrawal as soon as it is informed.
– The Customer returns the product(s) by registered mail or tracked parcel to the following address BP 829 98713 PAPEETE – POLYNESIE FRANÇAISE within 14 days after having informed AIMATA of his wish to withdraw.
– AIMATA does not bear the return shipping costs in case of withdrawal.
11. EXCHANGE
AIMATA does not accept exchanges. All Products are non-exchangeable and non-refundable, as specified on the website. Except for the use of the right of withdrawal and the defects of conformity provided below.
12. LEGAL GUARANTEE AND AFTER-SALES SERVICE
The products sold benefit from the legal guarantee of conformity provided by articles 211-4 and following of the consumer code and the guarantee of hidden defects (articles 1641 and following of the civil code). These guarantees cover hidden defects and apparent defects from the date of delivery. The only obligation incumbent on AIMATA under this warranty is, at its choice, the free replacement or repair of the products recognized as defective without any other service or compensation.
Visibly defective Products must be returned to Seller within 30 days of receipt.
This warranty does not cover damage resulting from improper use of the product, normal wear and tear due to its use or failure to follow washing and maintenance instructions.
In order to benefit from the guarantee of the products, it is imperative to keep the purchase invoice of the product as well as the delivery note.
13. CONFIDENTIALITY
All personal information collected from the Customer is necessary for the processing of the order, its routing and the establishment of the invoice.
This information may be passed on by AIMATA to its contractual partners in the context of the order’s completion, notably to ensure the transport of the ordered products.
The customer has the right to access, modify, rectify and delete data concerning him/her. In this case, the customer will be able to consult and modify his personal information by sending an e-mail to aimata.tahiti@gmail.com.
14. RESPONSIBILITY
AIMATA cannot be held responsible for any events, inconveniences or damages inherent to the use of the Internet network, in particular in case of service breakdown, external intrusion or presence of computer viruses.
Moreover, AIMATA cannot be held responsible for the non-execution of the contract in case of fortuitous situation, force majeure, disturbance or total or partial strike of the postal services and means of transport and/or communications, flooding, fire.
AIMATA will not be held responsible for any indirect damage, operating loss, loss of profit, damage or expenses that could occur.
The Parties shall not be held responsible if the non-performance or the delay in the performance of any of their obligations, as described in the General Terms and Conditions of Sale, results from a case of force majeure, as defined in article 1218 of the Civil Code.
15. ATTRIBUTION OF COMPETENCE
The present general conditions of sale are subject to French law. Any dispute that has not been resolved amicably will be submitted to the exclusive jurisdiction of the competent courts of Papeete, notwithstanding multiple defendants and/or third party claims, even for emergency proceedings or protective proceedings in summary proceedings or by petition.
16. CUSTOMER SERVICE AND SUPPORT
You can contact the Customer Service free of charge by e-mail for any question relating to your order, its shipment and its follow-up:
By e-mail to: aimata.tahiti@gmail.com
By mail: BP 829 98713 PAPEETE – POLYNESIE FRANÇAISE
17. INTELLECTUAL PROPERTY RIGHTS
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of AIMATA.
No transfer of intellectual property rights is made through the present GTC, or through the marketing of the Products. Any total or partial reproduction, modification or use of the elements protected by these rights is strictly forbidden.
18. APPLICABLE LAW – LANGUAGE
The General Terms and Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.