General Conditions of Sale

PREAMBLE

These general conditions of sale apply to all sales concluded on the Tagmoonink website.

The website tagmoonink.com is a service of the company TAG MOON INK

• Located in SAINT-MARTIN 97150
• Website URL: tagmoonink.com
• email: tag.moonink@gmail.com

The Tagmoonink website sells the following products: personalized jewelry. The customer declares to have read and accepted the general conditions of sale prior to placing his order. Validation of the order therefore constitutes acceptance of the general conditions of sale.

PRINCIPLES

These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the Tagmoonink website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are posted online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

These general conditions of sale are valid until January 1, 2034.

CONTENT

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Tagmoonink website.

These conditions apply to all purchases made on the Tagmoonink website.

These purchases concern the following products: personalized jewelry.

 

PRE-CONTRACTUAL INFORMATION

The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in article L. 221-5 of the Consumer Code.

The following information is transmitted to the buyer in a clear and comprehensible manner:

• The essential characteristics of the property;
• The price of the good and/or the method of calculating the price;
• If applicable, all additional transport, delivery or postage costs and all other possible charges payable;
• In the absence of immediate execution of the contract, the date or period by which the seller undertakes to deliver the goods, whatever their price;
• Information relating to the identity of the seller, their electronic contact details and their activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementing guarantees and other contractual conditions.

​ORDER

The buyer has the possibility to place his order online, from the online catalog and by means of the form contained therein, for any product, within the limit of available stocks. The buyer will be informed of any unavailability of the product or good ordered.

For the order to be validated, the buyer must accept, by clicking on the indicated place, the present general conditions. He must also choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

• after sending the buyer confirmation of acceptance of the order by the seller by email;
• and after receipt by the seller of the full price.

Any order constitutes acceptance of the prices and description of the products available for sale.

In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any questions regarding the tracking of an order, the buyer can send an email to the seller at: tag.moonink@gmail.com, on the following days and times: Monday to Friday, 8 a.m. to 7 p.m.

 

ELECTRONIC SIGNATURE

The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:

• due date of the amounts due under the purchase order;
• signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller by email at the following address: tag.moonink@gmail.com

ORDER CONFIRMATION

The seller provides the buyer with an order confirmation by email.

 

PROOF OF TRANSACTION

The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

 

PRODUCT INFORMATION

The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limit of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.

Product photographs are not contractually binding.

 

PRICE

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Prices are indicated in euros. They do not include delivery costs, which are charged in addition and indicated before the order is validated. Prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the sale price of the products.

 

PAYMENT

This is an order with payment obligation, which means that placing the order implies payment by the buyer.

To pay for his order, the buyer has the choice of all the payment methods made available to him by the seller and listed on the seller's website. 

The buyer guarantees to the seller that he has any authorizations that may be necessary to use the payment method chosen by him, when validating the order form.

The seller reserves the right to suspend any order management and delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.

Payment of the price is made in full on the day of the order, according to the following terms:

• Bank Card (via the secure ONERWAY Payments platform).
• Paypal.

PRODUCT AVAILABILITY - REFUND - RESOLUTION

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below.

Shipping times start from the date the order is registered, as indicated in the order confirmation email.

For deliveries, the terms will be specified to the buyer on a case-by-case basis.

In the event of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the option to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or an exchange of the product.

 

DELIVERY

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered in accordance with the terms and within the time specified above.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy.

For delivery outside the European Union, the customer must pay customs duties or other taxes due on the occasion of the importation of the products into the country of the place of delivery. The formalities relating thereto are also the exclusive responsibility of the customer. The customer is solely responsible for verifying the possibilities of importing the products ordered with regard to the rights of the territory of the country of delivery.

Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged). The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (product missing compared to the delivery slip, damaged package, broken products, etc.). This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery slip. The buyer must then confirm these reservations by registered letter to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by mail to the seller at the address indicated in the legal notices of the site.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
The buyer must make any claim for delivery errors and/or non-conformity of the products in nature or quality with the information on the product sheet to the seller on the same day of delivery or at the latest on the first working day following delivery, by attaching a photo of the product(s) after opening. Any claim made after this period will be rejected.

The complaint must be made by email to the following address: tag.moonink@gmail.com

Personalized products are neither refundable nor exchangeable except in the case of an order damaged during transport. In this case, a photo upon receipt will be requested.

No refund or exchange will be made in the event of poor care or negligence on the part of the customer.

 

RIGHT OF WITHDRAWAL

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized.

 

FORCE MAJEURE

Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as grounds for exemption from the parties' obligations and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

The following shall be considered as cases of force majeure: any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.

 

MEDIATION

In accordance with articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The selected mediation entity is: CNPM - MEDIATION - CONSOMMATION. In the event of a dispute, you can file your complaint on its website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 Avenue de la Libération 42400 SAINT-CHAMOND

 

INTELLECTUAL PROPERTY

The content of the website remains the property of the seller, the sole holder of intellectual property rights over this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

 

COMPUTERS AND FREEDOMS

The personal data provided by the buyer are necessary for processing the order and issuing invoices. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

 

APPLICABLE LAW

These general conditions are subject to the application of French law. The competent court is the judicial court. This applies to both substantive and formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.