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You like rare and precious products, we will communicate you our novelties and our most beautiful finds. Welcome to the tribe

You like rare and precious products, we will communicate you our novelties and our most beautiful finds.

TRIBES

TERMS OF SALES

Applicable since 17/02/2017

Tribaliste.com is a joint-stock capital, with 3000 euro in capital with headquarters situated at 128, rue de la Boétie, 75008 Paris, France and registered with the RCS of Paris under the following number 822 880 076. The company is represented by Richard Ly, in his role as President.

VAT number: FR37822880076

Number and date of CNIL declaration : 2007103 v 0 – 16.11.2016

Website: https://www.tribaliste.com

Phone number: +33 184 25 31 45

E-mail: hello@tribaliste.com

Director of publication : Richard Ly

Hosting of the website: OVH enterprise, which is situated at 2 rue Kellermann - 59100 Roubaix – France, registered by the RCS of Lille Métropole under the number 424 761 419 00045

Phone number: +33 (0)8 203 203 63

 

1.    Object

The following general terms and conditions of sale (hereinafter « Terms & Conditions) are exclusively applicable to the sale of products on the website https://www.tribaliste.com (hereinafter « Website »). With an online order, this constitutes the contractual document between parties, consequently excluding all other documents, prospectuses, catalogues or product photos which only have an indicative value.

2.    Availability - Opposability

The Terms & Conditions are made directly available to the consumers on the Website in French and English.


The Terms & Conditions are opposable by the consumer that recognises, by checking a box provided for this purpose, that he has read and accepted the Terms & Conditions before finalising the order.


The validation of the consumer’s order is done by confirming his adherence to the Terms & Conditions applicable on the day his order is made. The conservation and reproduction of which have been assured by Tribaliste.com in conformity with article 1127-2 of the civil code (article 1369-4 of the civil code on 1 October 2016).

3.    Amendments

Tribaliste.com reserves all rights to modify the Terms & Conditions at all moment and in a unilateral manner.


In case of an amendment of the Terms & Conditions, the applicable Terms & Conditions will be those valid on the date of the order.

4.    Invalidity

The invalidity of a contractual clause does not entail the invalidity of the Terms & Conditions. The temporary or permanent invalidity of one or more clauses from the Terms & Conditions by Tribaliste.com does not constitute a waiver of the other Terms & Conditions. All other clauses continue to be applied. 

5.    Products

5.1. Product Characteristics

The available products for purchase on the Website as « Products » are each subject to a detailed description allowing the consumer, before concluding his order, to be aware of its essential characteristics.
The photographs illustrating the Products do not constitute a contractual document.
The Products comply with the provisions of French law in force at the time the Products are placed on the market.

5.2. Product Availability

Products are offered and delivered within the limits of available stocks. In case the Product is unavailable, Tribaliste.com immediately informs the consumer and can offer an alternative that is in a similar price range and of similar quality, or failing that, a purchase order of the total amount of the order can be used for a next order. In the event of a consumer disagreement, Tribaliste.com refunds the sum paid within [40 days].


Outside of a price refund of the unavailable Product, Tribaliste.com is not held accountable for any cancellation indemnity.


6.    Price

6.1. Sale price

The sale price is indicated on the Website in euros with all tax included, excluding any transport and delivery fees, these last are indicated before the validation of the order and charged as a supplement.
The sale price, which can eventually be modified by Tribaliste.com at all times, are those in force at the time of validation of the order.

6.2. Shipping costs

The additional transport, delivery or postage costs (and any other additional costs covered by Tribaliste.com), that the client was made aware of before the order, are fixed on the purchase order.
The price is due in full after confirmation of the order.

7.     Payment

The payment is made immediately when an order is made on the Website, by credit or debit card or with PayPal.
The Website is equipped with a secure online payment system allowing the consumer to crypt the transmission of any bank information.

8.     Offer

8. 1 Domain

The online sale offers presented on the website are reserved for consumers residing in France and/or in a country of the European Union and for deliveries in the same geographical zone.

8. 2 Lenght

The online sale offers presented on the Website are valid, unless otherwise stated, if the products figure in the electronic catalogue and in the limit of available stocks.

8. 3 Acceptance

The acceptance of the offer by the consumer is validated, in accordance with the double click process, which confirms the order.

9.     The order

9.1 Stages for the finalisation of a contract

To pass an order, the consumer, after having filled his virtual basket by indicating the selected Products and the quantities chosen, clicks on the button “Continue my order” and provides the information linked to the delivery and payment mode. Personal data communicated by the consumer will be handled respecting Article 16 of the General Terms & Conditions.


Before clicking on the “Confirm my purchase” button, the consumer has the option to verify the detail of his/her order and its final price and to return to previous pages to correct any errors and eventually modify the order.


The act of ticking the “Terms & Conditions” box forms the contract confirming the order and acceptance of the General Terms & Conditions.


An email confirming the reception of the order and its payment is sent by Tribaliste.com as soon as possible.

9.2 Amendment

Any amendment to the order by the consumer after confirmation of the order must be authorised by Tribaliste.com


Tribaliste.com reserves the right to input any amendments to the product ordered that is linked to the technical evolution of the conditions mentioned in the Article R. 132-2-1, V of the “Code de la consommation” (Code of consumption.)

9.3 Validation

Tribaliste.com reserves the right to refuse any order for legitimate reasons, and more specifically, if the Products are ordered in unusually high quantities for buyers acting as consumers.


Tribaliste.com also reserves the right to ask supplementary justifications of purchase with the sole aim to avoid possible fraud issues. If the consumer does not reply within fourteen (14) days with the required documents following the request of Tribaliste.com, then Tribaliste.com will cancel the order and reimburse the consumer the value of the order.

10.     Rétractation

The consumer is allowed to revoke the order without giving a motive within a delay of fourteen (14) days following the day where the consumer, or another tiers person other than the transporter and designed by the consumer, takes physical possession of the Products.
The consumer must notify:


- his name, geographical address, when they are available, a telephone number, a fax number and an e-mail;
- the decision to revoke the order through a clear form of declaration (by example: postal letter, fax or email.) The consumer can use the revocation template available to make the declaration. Download the revocation form.


The consumer will then have to return the Products to Tribaliste.com within a short delay, at the latest within fourteen (14) days after the consumer will have communicated the decision to revoke the order.
The costs of returning the Product are at the charge of the consumer for all orders made and delivered outside of Metropolitan France.


Tribaliste.com will then reimburse all payments received, including the cost of shipping (except additional costs in the event that the consumer chose a shipping method that is other than the standard shipping cost method proposed by Tribaliste.com) without any excessive delays and within the fourteen (14) days after Tribaliste.com received the Products or until the consumer provides a proof of shipment of the aforementioned Products (the date followed will be the first of these two situations.)


Tribaliste.com will proceed to the reimbursement using the same payment method that the consumer used for the initial transaction, except if it is agreed otherwise. In any event, this reimbursement will not incur any additional costs to the consumer.


The reimbursement can be differed till Tribaliste.com has received the Products or until the consumer provides a proof of shipment of the Products. The date retained is the one of the former of these two.
The consumer remains responsible for any eventual depreciation of the Products resulting in any manipulations other than those necessary to establish the nature, characteristics and correct functioning of the Products.

11.     Returns

An order can be returned by the consumer by a certified letter with request of receipt (or in writing using another support eg. email) in the following cases:


    -    The delivery of the Product does not conform to the characteristics declared about the Product;
    -    The delivery date does not respect the date limit stated in the purchase order, or, in the case such a date is lacking, within thirty (30) days following the conclusion of the contract, after which Tribaliste.com failed to make a delivery within a reasonable delay of time.


In all cases, the consumer can demand the reimbursement of the deposit, plus interest calculated at the legal rate based on the date the deposit was received.


The contract is considered terminated once Tribaliste.com receives the letter or written-proof informing the return of the product. Tribaliste.com reserves the right to verify that the motifs invoked by the consumer to correspond to the above cases.


After reception of the written request sent by the consumer to Tribaliste.com and then verification of the motifs invoked, Tribaliste.com can request the consumer to return the Products within forty-eight (48) hours followed the reception of the request.


The order can be resolved by Tribaliste.com in the following cases:
    -    refusal by the consumer to ship the product;
    -    non-payment of the price (or sale price) at the moment of the delivery.


In all cases, the deposit of the order can be kept by Tribaliste.com as a form of compensation.

12.      Delivery

12.1 Definition

Delivery means the physical transfer of the goods to the consumer so that he is in possession and control of the Products.

12.2 Delivery time

The Products are delivered on the date or within the delay indicated on the purchase order. If no date is mentioned, Tribaliste.com commits itself to delivering the Products within a delay of thirty (30) days starting from the day the order is confirmed.

12.3 Delivery modalities

Les The Products are delivered to the address indicated by the consumer on the purchase order. Every delivery is completed through the reception of the Product by the consumer, or, failing that, by sending a notice of availability to the consumer.


In a delay of fifteen (15) days upon reception of the notice made available, the consumer must proceed to the pick-up of the product ordered.


In the event the pick-up does not take place within the timeframe indicated, Tribaliste.com may, if the consumer fails to respond to the notice given, proceed to the withdrawal of the goods and revoke the order and retain the deposit paid as compensation.


In the event of a damaged or missing item, it will be the consumer’s responsibility to communicate any issue upon the receipt of the product, and to eventually refuse the reception of the goods. In such a case, the consumer should notify Tribaliste.com within twenty-four (24) hours after the Product has been delivered or the Product has been collected. Otherwise, the consumer cannot exercise any solution for this issue.


In the event that the address is incorrect or inaccessible to the delivery person or in the case where the information provided are erroneous or incomplete, Tribaliste.com will not be held responsible.


In the event the consumer or other person mentioned to receive the order is absent, Tribaliste.com will not be held responsible. The consumer can however contact Tribaliste.com to organise a new delivery time – any additional cost incurred will be charged to the consumer.Produits sont livrés à l’adresse indiquée par le consommateur sur le bon de commande.

12.4 Transfer of ownership

The delivery date indicated on the purchase order marks the transfer of ownership of the Products to the consumer, except in the event full-payment is not received by the time of the delivery.

12.5 Transfer of risks

The risks of loss or damage of the Products are transferred to the consumer, or third party the consumer designates, from the moment where he takes physical possession of the Products.

13.     Legal Warrantees

All the Products provided by Tribaliste.com benefit from the legal warrantee of conformity mentioned in the articles L. 217-4 and following the Code of consumption and the legal warrantee of hidden defects provided for in articles 1641 to 1646 of the Civil code.


Under these warrantees, Tribaliste.com engages itself to undertake, based on the consumer’s decision, to reimburse or exchange defective Products or Products that do not correspond with the order.
All reclamations, requests for exchange or reimbursement must be made in writing.


The Products must be returned to Tribaliste.com in the state in which the consumer received them, and in its entirety (accessories, packaging, notice, etc.)

14.     Responsibility

The Products being in constant evolution, the craftsman can modify without notification their compositions and their characteristics, which are only given as a reference.


Tribaliste.com declines all responsibility for any interruption on the website, any possible virus and for any damages linked to a fraudulous intrusion by a third party which may modify the information displayed for customers on the website.


The website can contain hypertext links going to other websites. Tribaliste.com takes no engagement or responsibility towards any website the consumer may have access to. Tribaliste.com is in no way responsible for the content, the functioning and the access to these websites.


The responsibility of Tribaliste.com cannot be engaged in case of non-execution or of bad execution of the Terms & Conditions due either to the fact of the consumer, to the insurmountable and unpredictable fact of a third party, or to a force majeure.


The responsibility of Tribaliste.com cannot be held liable for non-compliance of the product with the legislation of the country of the consumer. The consumer must verify if the product is prohibited for sale in his country.

15.       Penalty clause

In all cases of non-performance of the consumers’ obligations, the deposit paid for the order is acquired by Tribaliste.com as compensation.

16.        Usage of personal data

Personal data may be collected by Tribaliste.com as a result of it being communicated by the consumer.


The data collected is the following:
- Genre
- Name
- First name
- Account ID
- Company
- Password
- Birth date
- E-mail address
- Personal address
- Billing address
- Credit Card Number


In accordance with the provisions of law n°78-17 of January 6, 1978, known as “informatique et libertés”, the consumer is informed that the personal data collected is subject to computer processing by Tribaliste.com and is intended for:


    -    The creation of customer files;
    -    The sending of commercial information by mail.


This data is kept during all the required period for the purpose which they are collected, as indicated at the time the consumer provides them.


The data is only accessible by the authorised personnel of Tribaliste.com unless the consumer has consented, when registering on the online form, that they be communicated for prospecting purposes to third-party partners of Tribaliste.com.


The processing of personal data related to the Website pertains to the subject of a declaration made on 16.11.2016, made to the Commission Nationale de l'Informatique et des Libertés (CNIL) registered under the number 2007103 v 0.


In accordance with the aforementioned law, the consumer has the rights of access, rectification and opposition regarding the data provided. Subject to a proof of identity, the consumer can require the completion, correction, updating or deletion of information concerning him that is inaccurate, incomplete or obsolete. This can be done by contacting Tribaliste.com:
    -    By email at hello@tribaliste.com ;
    -    Or by mail at the following postal address: Tribaliste.com, 128 rue de la Boetie, 75008, Paris, France.


The information relating to the order (items ordered, payment methods, delivery address) will be confirmed by email. Tribaliste.com invites its consumers to verify this information and conserve it.
In addition, Tribaliste.com will archive the purchase orders and invoices on a reliable and durable support to have a reliable copy in accordance with the provisions of article 1379 of the French Civil Code.


The electronic registers of Tribaliste.com will be considered by parties as proof of communications, orders, payments and transactions between all parties.

17.      Cookie Policy

Le The website includes a system of cookies and the consumer is informed that during his visits to the Website, cookies may be automatically installed on his internet browser.
A cookie is a text file, deposited on the user’s login terminal by the server of the visited website or by a third party server (advertising network, etc.) that contains information relating to its browsing on the Internet.


 The cookies used on the Website are as follows:
    -    Prestashop session cookie in order to provide statistics to the platform of the site;
    -    Audience analysis cookie for the purpose of establishing statistics on the use of the Website;
    -    Cookie on the qualification of the audience in order to facilitate navigation on the Website and improve its functionality.


Cookies do not contain any personal information.


In addition, when the user browses the Website, one or more cookies from partner companies (advertising agencies, social networks, etc.) may be placed on his device, particularly when the consumer views advertisements or clicks advertising banners present.


Tribaliste.com does not control third party cookies, which are subject to the privacy policy of the third party. It ensures, however, that the partner companies treat the information collected in compliance with the law “informatique et libertés”.


The implementation of certain cookies on the consumer’s terminal is subject to his prior consent. By continuing to browse the Site, the consumer consents.


The consumer can disable the sending of cookies by modifying or configuring the settings of his internet browser.


For information on how to activate, deactivate or delete cookies, consumers should consult the “Help” section of their internet browser.


Finally, in the event that the information collected by the cookies contains or concerns personal data, the consumer will be informed and will have the rights of access, rectification and opposition under the terms of the law aforementioned, « informatique et libertés ».

18.       Governing Law - Dispute Resolution

The General Terms and Conditions will be governed by and construed in accordance with French law.


    -    Any complaint must be addressed to the consumer service, at the following address:
[Service Consommateurs, Tribaliste.com, 128 rue de la Boétie, 75008 Paris].


In case of a failure of the claim made to the consumer service, or in the absence of a response from this service within two (2) months, the consumer may submit the dispute relating to the order form or these Terms & Conditions opposing Tribaliste.com via a consumer mediator that will attempt to independently and impartially resolve the issue between both parties and find an amicable solution.


Under these Terms & Conditions, these parties remain free to accept or refuse the use of mediation and, in case of recourse to mediation, are free to accept or reject the solution proposed by the mediator.


For any dispute relating to the purchase order and these Terms & Conditions, the French jurisdiction will be called upon for a ruling.