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 contact@aimata-tahiti.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 destinations where delivery is available through the website.
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 F43949
Registration number: TPI 20 1093 A
E-mail: contact@aimata-tahiti.com
AIMATA is the trade name of the company whose registered name is AIMATA TAHITI, a single-member limited liability company (E.U.R.L.), registered under Tahiti number F43949, with its registered office located at Auae quartier Degage – Faa’a – BP 829 – 98713 – French Polynesia. AIMATA TAHITI is represented by its manager, Heimano COURAUD-BUISSON.
5. ORDERING PROCESS
5.1 — Product selection
The Customer adds Products to their virtual shopping cart by clicking the “Add to Cart” button and selecting the desired Products and quantities.
The Customer then reviews the contents of their virtual shopping cart and makes any necessary changes before clicking the “Proceed to Checkout” button.
5.2 — Delivery and billing information
The Customer provides the information required for delivery: full name, email address, telephone number and delivery details.
The address form is adapted to the destination country selected. For deliveries to French Polynesia, where postal distribution is carried out through post office boxes, the Customer must provide their post office box number, or, where applicable, their “Poste Restante” number, i.e. the municipality where they wish to collect their parcel without necessarily having a post office box in their own name, as well as their municipality or island and postal code. For deliveries outside French Polynesia, the Customer must provide their full postal address in accordance with the format applicable in their country.
The telephone number is mandatory and enables AIMATA to contact the Customer in the event of any difficulty concerning their order or delivery address.
The delivery address information is provided under the sole responsibility of the Customer. The Customer is responsible for carefully checking the accuracy and completeness of their address before finalizing their order.
The Customer must then provide their billing address if it differs from their delivery address.
5.3 — Acceptance of the terms and conditions and order confirmation
The order summary page clearly informs the Customer of the payment obligation resulting from the validation of their order.
Before finalizing their order, the Customer must read these Terms and Conditions of Sale and tick the box confirming that they have read and accepted them.
The Customer then confirms their order by clicking the “Place Order and Pay” button. Clicking this button constitutes an obligation to pay.
5.4 — Payment
After confirming their order, the Customer is redirected to the secure payment page of the payment service provider, where they enter their bank card details and proceed with payment.
Accepted payment methods are credit or debit card, Visa, Mastercard and American Express. The Customer is invited to refer to Article 7, “Payment Terms”, for further information.
Bank card details are collected and processed exclusively by the payment service provider. They are neither collected nor stored by AIMATA.
5.5 — Order acknowledgement and formation of the contract
An order is registered on the website once the Customer has accepted these Terms and Conditions of Sale by ticking the relevant box and has subsequently confirmed and completed their order by making payment.
The Seller will promptly send the Customer an acknowledgement of receipt of the order by email, containing a summary of the information already provided in the order form, including these Terms and Conditions of Sale, information relating to the essential characteristics of the Product, the detailed price, accepted payment methods, the existence of the right of withdrawal where applicable, and the delivery times and costs.
Any order placed and validated by the Customer and confirmed by the Seller, under the conditions and according to the procedures described above, constitutes the formation of a distance contract between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes evidence of all transactions concluded with the Customer.
5.6 — Verification of the delivery address after ordering
After receipt of the order acknowledgement, the order may normally no longer be modified or cancelled.
The Customer must nevertheless check the delivery address stated in the order acknowledgement, regardless of the destination: French Polynesia, metropolitan France, overseas departments, regions and communities, or another country.
The Customer has twenty-four (24) hours from receipt of the order acknowledgement to notify AIMATA of any error, omission or inconsistency concerning the delivery address by email at contact@aimata-tahiti.com, specifying their first name, last name and order number.
After this period, a request to correct the address may only be taken into account if the parcel has not yet been handed over to the postal services and provided that the correction is still technically possible.
The Customer will be notified by email when their order is shipped. From the time this notification is sent, no change to the delivery address is possible. The consequences of an incorrect, incomplete or unidentifiable address are then governed by the provisions of Article 8.
5.7 — Product unavailability after ordering
If a Product becomes unavailable after the order has been confirmed, AIMATA will inform the Customer as soon as possible and will offer either a replacement with a Product of equivalent value or a refund of the unavailable Product.
If the order only concerned the unavailable Product, the refund will also include the shipping costs. The refund will be made within fourteen (14) days from the date on which the Customer is informed, using the payment method used for the order.
5.8 — Refusal or cancellation of an order by the seller
In accordance with applicable provisions, the Seller reserves the right to refuse or cancel an order for legitimate reasons, such as an abnormally large quantity ordered, an order placed in bad faith, or an order placed by a Customer with whom there is an unresolved dispute relating to a previous order.
If the refused or cancelled order has already been paid for, AIMATA will refund the Customer the full amount paid, including shipping costs, within fourteen (14) days from the date of the refusal or cancellation, using the payment method used for the order.
5.9 — Delivery
Each delivery is carried out in accordance with the procedures set out in Article 8 of these Terms and Conditions of Sale. The Customer will be notified by email when their order is shipped and will receive the information necessary to track its delivery.
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
8.1 — Delivery method and destinations
Products are delivered exclusively by postal service. No in-store pickup is available for orders placed through the website.
In French Polynesia, postal delivery is made to post office boxes, and no home delivery is provided. The Customer must therefore provide a valid post office box number, their municipality or island, and postal code. A physical street address alone is not sufficient for delivery.
Products may be delivered to the countries and territories offered to the Customer during the ordering process. This list may change, including in the event of a suspension of postal services to a particular destination. Only destinations actually offered during the ordering process are served.
8.2 — Delivery times
Orders are prepared and shipped every Thursday, except on public holidays.
Delivery times vary depending on the destination and are indicated to the Customer during the ordering process. They are expressed in business days and are provided for information purposes only. They depend on the destination, the availability of the Product ordered, and constraints related to transportation and postal delivery.
If no delivery date is indicated at the time of the order, AIMATA will ship the Products within a maximum period of thirty (30) days from the date the order is confirmed.
If this period is exceeded for a reason not attributable to the Customer, the Customer may, after formally requesting AIMATA to proceed with the shipment within a reasonable period and, failing performance, request cancellation of the order by email at contact@aimata-tahiti.com.
AIMATA shall not be held liable for additional delays caused by:
- an incorrect, incomplete or unidentifiable address provided by the Customer;
- failure by the Customer to collect the parcel within the applicable holding period;
- failure to obtain payment authorization or an incomplete or incorrectly completed order;
- any other circumstance attributable to the Customer.
8.3 — Availability and collection of the parcel
The parcel is delivered to the Customer's post office box when its size allows. Otherwise, a notice of availability is placed in the Customer's post office box, and the parcel is held for collection at the post office to which the Customer is assigned.
The parcel is made available to the Customer in accordance with the conditions established by the postal operator in the destination country. At the end of the applicable holding period, which is generally fifteen (15) days in French Polynesia and may vary depending on the destination, any uncollected parcel is returned to AIMATA.
8.4 — Customs duties and import taxes
For any delivery outside French Polynesia, any customs duties, taxes and customs clearance fees that may be payable in the destination country are the sole responsibility of the Customer, under the conditions set out in Article 4 of these Terms and Conditions of Sale.
If the Customer refuses to pay such amounts, the parcel will be returned to AIMATA. Such return shall be deemed attributable to the Customer and shall be governed by the provisions of Section 8.5.
8.5 — Parcel returned to AIMATA
A parcel may be returned to AIMATA, in particular in the event of an incorrect, incomplete or unidentifiable address, an unknown recipient, failure to collect the parcel within the applicable holding period, refusal of the parcel by the Customer, or refusal to pay any applicable import duties and taxes.
When the return of the parcel is attributable to the Customer, AIMATA will inform the Customer and provide the applicable reshipping costs. Reshipment will only take place once these costs have been effectively paid.
If the Customer does not respond or pay the applicable costs within thirty (30) days from the date of this notification, or expressly waives reshipment, the order will be cancelled. The Customer will be refunded the price of the Products, provided that the entire order has been duly returned, less the initial shipping costs and, where applicable, any return costs actually incurred by AIMATA. The refund will be made within fourteen (14) days using the payment method used for the original order.
When the return of the parcel results from an error attributable to AIMATA, reshipment will be carried out at no cost to the Customer, under the conditions set out in Article 9.
8.6 — Transfer of risk and loss of the parcel
The risk of loss of or damage to the Products remains with AIMATA until the Products are effectively delivered to the Customer or to the recipient designated by the Customer.
At any time, the Customer may contact AIMATA to report an issue or ask any questions regarding the tracking of their parcel by email at contact@aimata-tahiti.com.
AIMATA will then file a claim with the postal services. If the loss of the parcel is confirmed, or if the parcel cannot be located following the investigation of the claim, AIMATA will either reship the order, subject to product availability, or issue a full refund, including shipping costs.
These provisions do not apply where the failure to make the parcel available results from a circumstance attributable to the Customer within the meaning of Section 8.2.
8.7 — Non-conformity of delivered products
In the event that the Product delivered does not conform to the order, the Seller undertakes to remedy the situation in accordance with applicable provisions and the procedures set out in Article 9 of these Terms and Conditions of Sale.
9. RECEIPT OF PRODUCTS, CLAIMS, EXCHANGES AND RIGHT OF WITHDRAWAL
9.1 — Inspection upon receipt
The Products are shipped by postal service and made available to the Customer in their post office box or at the counter of the post office to which they are assigned.
Upon collecting their parcel, the Customer is advised to check the external condition of the packaging, as well as the condition and conformity of the Products received.
9.2 — Claims
The Customer has a maximum period of seven (7) days to report any issue concerning the Products received by contacting AIMATA by email at contact@aimata-tahiti.com. This period begins on the date the parcel is effectively collected by the Customer or deposited in their post office box, whichever date is later.
The Customer must provide their first and last name, order number “Sxxxx” and a description of the issue encountered, and must attach photographs showing the issue as well as the Product labeling.
This claims period is intended to facilitate the prompt commercial handling of order-related issues. It is without prejudice to the Customer's rights under the legal guarantee of conformity and the legal guarantee against hidden defects, which may be exercised within the time limits provided for by applicable regulations.
9.3 — Order error attributable to AIMATA
An error attributable to AIMATA includes, in particular: delivery of an item different from the one ordered, an incorrect size, color or reference compared with the order, an incorrect quantity, a missing item, or an item presenting a defect identified upon receipt.
The Customer must return the parcel by postal service, in accordance with the procedures communicated by AIMATA, within fourteen (14) days from the date AIMATA agrees to handle the return.
The Product must be returned in its original condition: unworn, unwashed, unaltered, with the original tags attached, and in its original packaging or equivalent packaging providing adequate protection.
The Customer must retain the postal receipt or proof of postage and send it to AIMATA by email at contact@aimata-tahiti.com.
Upon presentation of this proof, AIMATA will reimburse the Customer in full for the actual return shipping costs incurred, within fourteen (14) days from receipt of the proof, by bank transfer. This reimbursement is not subject to any other condition than the provision of the aforementioned proof.
After receiving and inspecting the returned Product, AIMATA will ship the item(s) corresponding to the original order. The shipping costs for this replacement shipment will be fully borne by AIMATA.
If the ordered item is no longer available, AIMATA will inform the Customer and offer either an item of equivalent value or a refund. In the event of a refund, the amount will include the price of the item, the initial shipping costs and the return shipping costs, and will be paid within fourteen (14) days.
In the event that the returned parcel is lost while being returned under this section, AIMATA shall bear the consequences provided that the Customer provides proof of postal deposit.
9.4 — Exchange request initiated by the Customer
A Customer wishing to exchange a Product for a different size or another reference must submit their request to AIMATA by email at contact@aimata-tahiti.com.
The exchange is subject to the availability of the requested Product and the return of the original Product in its original condition: unworn, unwashed, unaltered, with the original tags attached.
The Customer must return the Product at their own expense by postal service to the address provided by AIMATA and send the postal receipt by email. The Customer is advised to use a tracked delivery service. In the absence of proof of postage, the risk of loss of the returned parcel remains with the Customer.
The shipping costs for the new parcel are borne by the Customer. AIMATA will inform the Customer of the applicable amount, which must be paid via a payment link provided by AIMATA before the new parcel is shipped.
After receipt and inspection of the returned Product and confirmation of payment of the shipping costs, AIMATA will ship the requested replacement Product.
Products ordered online cannot be exchanged in-store, as inventory and payment processing for the two sales channels are separate.
9.5 — Right of withdrawal
Where the Customer is entitled to a right of withdrawal under applicable regulations, this right may be exercised in accordance with the conditions and time limits provided for by such regulations.
The Customer may contact AIMATA at contact@aimata-tahiti.com to obtain information regarding the procedures applicable to their request.
Return shipping costs associated with exercising the right of withdrawal remain the responsibility of the Customer, subject to applicable legal provisions.
10. 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.
11. 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.
12. 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: contact@aimata-tahiti.com
By mail: BP 829 98713 PAPEETE – POLYNESIE FRANÇAISE
13. 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.
14. 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.