Between the sole proprietorship "Polynesia Business Company"
Berniere District, Pirae, Tahiti
Registered in the Trade and Companies Register of Papeete
Under the number KBIS TPI 19 593 A,
Represented by Mrs Jun-Li BIHANNIC
Duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the "Seller" or "the company".
On the one hand, great opportunities lie in
And the natural or legal person purchasing products or services from the company,
Hereinafter, the "Buyer", or "the Customer"
On the other hand,
The following was stated and agreed:
The Seller distributes music products (ukuleles), products derived from the "Upa Upa Tahiti" brand and training materials for consumers, marketed through its websites (https://www.upaupabrand.com /). The list and description of the goods and services offered by the company can be consulted on the aforementioned sites.
Article 1: Object
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Conditions of Sale (GTC) govern the sale of Products or Services, made through the company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the company's website at the following address: https://upaupabrandcom/informations/conditions-generales-de-vente
The company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.
The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed.
Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.
Article 3 Price
The prices of products sold in French Polynesia through the website https://www.upaupabrand.com/ are indicated in Pacific Francs including tax (excluding any shipping costs to the islands). The prices of the products are also indicated in euros including tax and precisely determined on the product description pages. They are also indicated in Pacific francs and in euros, all taxes included (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped to the European Union and/or DOM-TOM, the price is calculated in euros excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the company's websites are the responsibility of the Customer. Where applicable also the delivery costs.
Article 4: Conclusion of the online contract
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order: – Information on the essential characteristics of the Product; – Choice of the Product, if necessary, of its options - Indication of the essential contact details of the Customer (identification, email, address, etc.); – Acceptance of these General Conditions of Sale – Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding with his confirmation, the Buyer has the possibility of checking the details of his order, its price, and of correcting any errors, or of canceling his order. Confirmation of the order will constitute the formation of this contract. – Then, follow-up of the instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it.
The customer will have the opportunity during his ordering process to identify any errors made in entering data and correct them. The language proposed for the conclusion of the contract is the French language.
The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. If applicable, the professional and commercial rules to which the author of the offer intends to submit are available for consultation in the “additional rules” section of these GCS, which can be viewed on the Seller's website at the following address: https://upaupabrandcom /information/general-conditions-of-sale
The archiving of communications, of the order, of the details of the order, as well as of the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide truthful identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the mode of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or by any other appropriate process, of the prices and special conditions of sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the methods of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limit of available Product stocks only. Failing this, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller shall reimburse the Customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Except for special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).
Article 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these GTCS meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with article L.217-4, the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions in terms of conformity and hidden defects (art. 1641 c. civ.), the Seller refunds or exchanges defective products or products that do not correspond to the order. The refund can be requested as follows: (refund request to be completed in the "Contact" form available in this link: https://upaupa.tahiticlic.com/contact). After the possible agreement of reimbursement by the seller, the product must be returned by post, the shipping costs will be borne by the seller).
Article 7: Retention of Title
The products remain the property of the company until full payment of the price.
Article 8: Terms of delivery
The products are delivered to the delivery address that was indicated when ordering and within the time indicated. These deadlines do not take into account the time taken to prepare the order. When the Customer orders several products at the same time, these may have different delivery times routed. In the event of late delivery, the Customer has the possibility of resolving the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code. The Seller then reimburses the product and the “one-way” costs under the conditions of the provisions of Articles L216-3 and L241-4 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
Article 9: Availability and presentation
If an item is unavailable for a period exceeding 30 working days, you will be immediately notified of the foreseeable delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its full refund and the cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-order products. The Customer can pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the rules of the art and cannot be read during transport on the network (describe the process). Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.
Article 11: Cancellation period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting the company as follows: withdrawal to be formulated in the following link: https://upaupa.tahiticlic.com/contact. In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Returns of products must be made in their original state and complete (packaging, accessories, instructions, etc.); if possible, they must be accompanied by a copy of the proof of purchase.
Article 12: Guarantees
In accordance with the law, the Seller assumes the guarantees of conformity and relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products which are apparently defective or which do not correspond to the order placed. The refund request must be made as follows: (send photos of the item and make the request using the following link: https://upaupa.tahiticlic.com/contact). The Seller reminds that the consumer: – has a period of 2 years from the delivery of the goods to act with the Seller – that he can choose between the replacement and the repair of the goods subject to the conditions provided for by the provisions aforementioned. apparently defective or not corresponding – that it is exempted from providing proof of the existence of the lack of conformity of the good during the two months following the delivery of the good.
Article 13: Complaints and mediation
If necessary, the Buyer may submit any complaint by contacting the company using the contact page at the following address: https://upaupa.tahiticlic.com/contact.
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for by Title I of Book VI of the Consumer Code.
In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to reconcile the parties in with a view to obtaining an amicable solution.
Article 14: termination of the contract
The order can be resolved by the buyer by registered letter with acknowledgment of receipt in the following cases: - delivery of a product that does not comply with the characteristics of the order; - delivery exceeding the deadline fixed when ordering or, failing a date, within thirty days of payment; - unjustified price increase or product modification. In these cases, the buyer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is carried out through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force Majeure
The fulfillment of the obligations of the seller at the end of the present contract is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract
Should any of the provisions of this Agreement be canceled, such nullity shall not result in the invalidity of any other provisions which shall remain in force between the parties. Any modification of the contract is valid only after written agreement signed by the parties.
Article 18: Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller sets up a processing of personal data which has the purpose of purpose the sale and delivery of products and services defined in this contract. The Buyer is informed of the following: the identity and contact details of the data controller and, where applicable, of the data controller's representative: the Seller, as indicated at the top of these GCS; - the contact details of the data protection officer - the legal basis of the processing: contractual performance - the recipients or categories of recipients of the personal data, if they exist: the controller, his services in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in delivery and sales operations as well as any authority legally authorized to access the data data in question - no transfer outside the EU is planned - the data retention period: the time of the commercial prescription - the person concerned has the right to ask the data controller for access to personal data, rectification or erasure thereof, or limitation of processing relating to the data subject, or the right to object to processing and the right to data reliability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decision making or profiling is implemented through the ordering process.
Article 19: Applicable law and clauses
All the clauses in these general conditions of sale, as well as all the buying and selling transactions referred to herein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.
Article 20: Consumer information
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lower price, if he had known them.
Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code: The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable:
If it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L. 217-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, condition covered by the warranty, any downtime of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Our general conditions of sale have been drawn up from a free and free model which can be downloaded from the site https://www.donneespersonnelles.fr/