Terms and Conditions of Sale
INFORMATION REGARDING THE PROTECTION OF PERSONAL DATA:
The CLIENT is informed that the SELLER processes personal data to enable it to manage, invoice and monitor the CLIENT's files, in accordance with the missions defined in this agreement. This data is necessary for proper customer management and is intended for the SELLER's authorized departments.
The CLIENT's personal information is stored for a period not exceeding 5 years from the date on which the CLIENT's order was placed.
In accordance with the French Data Protection Act of January 6, 1978, as amended, and European Regulation No. 2016/679/EU of April 27, 2016, individuals have the right to access, object to, rectify, port, erase, or restrict the processing of their data. If you wish to exercise your rights and obtain information concerning you, please contact info@tipii.fr or send a letter to the company's address.
For any additional information or complaint, the CLIENT may contact the supervisory authority. By placing an order with the SELLER, the CLIENT declares to have read the general terms and conditions of sale and, consequently, this GDPR information.
Article 1. Definition
The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of the interpretation and execution of these presents:
"Application": solution downloaded by the customer on mobile or tablet and from which the order is placed;
"Item": the Good(s) that were the subject of the Order;
"Good": any product offered for sale on the Site;
"Order": request for Goods made by the Client to the Seller;
"GTC": the general terms and conditions of sale that are the subject of these presents;
"Delivery Time": period between the Order Validation date and the Order Delivery date to the Client;
"Shipping Costs": cost of expenses incurred by the Seller to deliver the Order to the Delivery address indicated by the Client;
"Delivery": shipment of the Item to the Client;
"Delivery Method": refers to any standard or express delivery method available on the Site at the time of the Order;
"Price": the unit value of a Good; this value is understood to be all taxes included and standard Shipping Costs included;
"Total Price": the total amount of the cumulative Prices of the Goods that are the subject of the Order; this amount is understood to be all taxes included;
"All-Inclusive Price": the Total Price plus the price of the Shipping Costs; this amount is understood to be all taxes included;
"Service": any service offered for sale on the Site or the application;
"Site": online presentation site www.tipii.fr used by the Seller for the marketing of its Goods / Services;
"Territory": has the meaning given to this term in Article 3;
"Order Validation": has the meaning given in Article 4;
"Online Sale": marketing of the Seller's Goods via the Site;
References to Articles are references to the articles of these GTC, unless otherwise provided. Any reference to the singular includes the plural and vice versa. Any reference to one gender includes the other gender.
Article 2. Purpose
The Seller markets the Goods through an application and a website via the URL: https://www.tipii.fr/redirectTipii.php, which it owns.
The applications can be downloaded free of charge, it being specified that the SELLER is not responsible in case of failure to access the application for any reason whatsoever (disruption of APPLE services, application maintenance, etc.).
The list of Goods offered for sale by the Seller can be consulted on the said website www.tipii.fr for description or the said application for sale, and notably includes photographic printing in various forms via a dedicated application.
The Parties agree that their relations will be governed exclusively by these GTC, to the exclusion of any conditions previously available on the Seller's website. These GTC apply to any person who intends to place an order on the site, whether it is an individual or a legal entity.
The Seller reserves the right to modify these GTC at any time by publishing a new version on the Site. The GTC in force are those at the date of order validation. The Parties agree that the photos of the Goods on the www.tipii.fr site have no contractual value.
The purpose of these GTC is to define the rights and obligations of the Parties in the context of the Sale of Goods offered for sale by the Seller to the Client.
The SELLER offers the CLIENT a personalized album printing service in a 12-page, 20-inner-page, or 24-inner-page (calendars) format with dimensions of 14.5 cm X 14.5 cm.
The SELLER offers the CLIENT the sale of credits. The principle of credits is to purchase a code that allows the code holder to create 3, 6, or 12 Tipii's. This code is valid for 12 non-renewable months from the date of code activation in the application.
Article 3. Scope
These GTC apply to all sales of Goods made through the application, whether the Client is a professional or a consumer. In accordance with articles L.111-1 and L.111-4 of the Consumer Code, the essential characteristics and prices of the Goods sold electronically are available on the Site.
Furthermore, the Client receives the information provided in articles L.221-8 and L.221-11 of the Consumer Code, before and after the conclusion of the sale, and notably through these GTC.
The Client also receives an electronic acknowledgment of receipt confirming the Order (the "Order Confirmation").
The Client declares to have read these GTC before the Order Validation as defined in Article 4. The Order Validation therefore constitutes unreserved acceptance of these GTC. These GTC are applicable to Orders placed for Delivery in metropolitan France, including Corsica (the "Territory"), French overseas departments and territories, Belgium, England, Spain, Portugal.
Article 4. Order of Goods and Services / Steps for Concluding the Online Sale
To place an Order, the Client must follow these steps:
1. Enter the Site address or log in to the dedicated application (On App Store: Tipii’);
2. Follow the instructions of the Application and, in particular, the instructions necessary to open a customer account;
3. Fill out the order form. In case of prolonged inactivity during the connection, it is possible that the selection of Goods and Services chosen by the Client before this inactivity may no longer be guaranteed. The Client is then invited to resume their selection of Goods and Services from the beginning;
4. Check the elements of the Order and, if necessary, identify and correct errors;
5. Validate the Order, the GTC, the Total Price, and the All-Inclusive Price (the "Order Validation");
6. Follow the instructions of the online payment server to pay the All-Inclusive Price.
The Client then receives electronic confirmation of payment acceptance for the Order.
The Client also receives an electronic acknowledgment of receipt confirming the Order (the "Order Confirmation").
The Client receives electronic confirmation of the Order's shipment.
Delivery will take place at the delivery address indicated by the Client during the Order. When carrying out the various stages of the Order mentioned above, the Client undertakes to comply with these contractual conditions.
However, for orders placed by consumers, and in accordance with article L.121-11 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith, or for any other legitimate reason, and in particular, when there is a dispute with the Client concerning the payment or delivery of a previous order.
Article 5. Price of Goods and Services / Validity Conditions – Promotional code and Sponsorship code
5.1 Price of Goods and Services / Validity Conditions
The Price of the Goods sold is indicated respectively by article and reference or by service and by reference.
The Seller reserves the right to modify prices at any time, but the Goods sold will be invoiced based on the rates in force at the time of Order Validation.
On the individual descriptive pages of the Goods, prices are indicated in Euros (€) excluding tax and in Euros (€) including tax, and in all cases, including shipping costs. Included shipping costs refer to standard delivery, i.e., by sending a simple letter without tracking.
In any event, at the time of Order Validation, the price to be paid is the All-Inclusive Price.
5.2 Promotional code and sponsorship code
The SELLER may send its CLIENTS promotional codes usable once or several times, subject to the number of promotional codes available. The SELLER reserves the right to terminate the validity of promotional codes at any time.
The SELLER provides its CLIENTS with nominative sponsorship codes that will entitle a new CLIENT to a discount voucher upon their first order and a benefit paid to the sponsor as a purchase voucher upon request to info@tipii.fr.
Article 6. Payment Conditions – late penalties
6.1 Payment Conditions
Payment of the All-Inclusive Price by the Client is made by credit card or ApplePay.
The transaction is immediately debited from the Client's credit card after verification of its data, upon receipt of the debit authorization from the credit card issuing company used by the Client. The Order is only considered validly placed once the debit has occurred on the bank account.
In accordance with article L.132-2 of the Monetary and Financial Code, the commitment to pay made by means of a payment card is irrevocable. By communicating the information relating to their credit card, the Client authorizes the Seller to debit their credit card for the amount corresponding to the All-Inclusive Price.
To this end, the Client confirms that they are the holder of the credit card to be debited and that the name appearing on the credit card is indeed their own. The Client communicates the sixteen digits and the expiry date of their credit card, as well as, if applicable, the visual cryptogram numbers.
In the event that the debit of the All-Inclusive Price is impossible, the Online Sale would be immediately terminated automatically and the Order would be canceled without the Client being entitled to compensation.
The Seller uses all means to ensure the confidentiality and security of the data transmitted on the Site by encrypting the page via the SSL protocol.
6.2 Late payment penalties
If, as an exception to Article 6, deferred payment is authorized, and in accordance with Article L.441-6 of the Commercial Code, in the absence of payment by the due date on the invoices sent to the Client, the sums remaining due will automatically, and without formalities, be increased, from their due date, by a late interest equal to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points, as well as a flat-rate recovery indemnity of 40 € excluding tax. If the recovery costs are greater than the flat-rate indemnity, the Client already undertakes to pay all of these costs, upon first request and upon presentation of supporting documents.
In case of payment delay exceeding 30 days from the due date on the invoice, the Seller also reserves the right to increase the invoice amount by 10% as a penalty.
Penalties and late interest are due without the need for a reminder.
Any partial payment is applied to the sums due regardless of the cause, starting with those whose due date is the oldest.
In the event of late payment of orders by the agreed deadlines, the Seller is entitled to suspend the delivery of current orders, without prejudice to any other course of action. Failure to pay orders by the agreed deadlines will automatically result, after formal notice sent by registered letter with acknowledgment of receipt, in the immediate enforceability of all sums remaining due, regardless of the payment method and scheduled due date.
Article 7. Absence of responsibility for developed content
The Client is solely and exclusively responsible for the content they develop through the Seller.
The Client declares to hold all rights or to have full authorization to reproduce the requested developments, and in no case is the Seller intended to inquire about the legality of the files transmitted to it.
Consequently, the Client cannot at any time seek the Seller's liability for the requested developments.
The Client shall indemnify the Seller upon first request against any claim made against it concerning an order placed by the Client.
Article 8. Order Delivery
8.1. Delivery Method
Deliveries are made exclusively to the address indicated by the Client and through a carrier. Standard delivery costs are included in the initial price. Any other delivery method will be invoiced to the Client according to the terms presented during the order confirmation.
8.2. Delivery Address
The Client chooses a Delivery address necessarily located within the Territory, under penalty of refusal of the Order. The Client is solely responsible for a delivery failure due to a lack or defect of indication during the Order.
8.3. Amount of Shipping Costs
The amount of Shipping Costs depends on the amount of the Order and the delivery method chosen by the Client. In any event, the amount of Shipping Costs is indicated to the Client before Order Validation.
8.4. Delivery Times
The Delivery Times are those communicated by La Poste for green letter delivery (From 2 working days in France). For deliveries to Corsica, overseas departments and territories, and other European countries mentioned in the application, these depend on the postal times of the country concerned (From 6 working days) and the seller cannot be held responsible for delivery failures by service providers. In any event, delivery times are given strictly as an indication. Delivery Times are understood in working days and correspond to the average preparation and shipping times of the Order within the Territory.
Delivery Times run from the date of Order Confirmation by the Seller.
As a precautionary measure, Tipii' indicates theoretical delivery times upon order confirmation, i.e., 6 working days in France and 12 working days in Europe.
8.5. Delayed Delivery
In case of delayed Delivery, the Order is not canceled.
In the case of a sale to a Customer who meets the definition of a consumer given by current texts and case law, and only in this case, the Customer may decide to cancel the Order and will send a cancellation notice for the Order by email to info@tipii.fr.
If the Order has not yet been shipped when the Seller receives the cancellation notice from the consumer-Customer, Delivery is blocked, and the Customer is reimbursed for any debited amounts within fifteen days of receiving the cancellation notice. If the Order has already been shipped when the Seller receives the cancellation notice from the consumer-Customer, the Customer can still cancel the Order by refusing the package. The Seller will then refund the debited amounts and return costs incurred by the Customer within thirty days of receiving the complete and in its original condition refused package.
8.6. Delivery Tracking
If a secure and tracked delivery method is chosen, the Customer can track the progress of the Order processing in the dedicated area on the service provider's Website.
8.7. Checking the Order upon Arrival
The Customer is required to check the condition of the packaging and the Items upon Delivery.
It is up to the Customer to make any reservations and complaints they deem necessary. Said reservations and complaints must be addressed to the carrier by registered letter with acknowledgment of receipt within three working days, excluding public holidays, following the date of Delivery of the Goods.
The Customer must also send a copy of this letter to the Seller.
Article 9. Right of withdrawal in case of sale to a consumer
The Customer, even if they meet the definition of a consumer given by current texts and case law, has no right of withdrawal given the specificity of the Goods sold. As stated above, Article L. 221-28, 3° of the Consumer Code indeed states that the right of withdrawal cannot be exercised for "the supply of goods made to the consumer's specifications or clearly personalized".
Article 10. Complaints
The Customer must address any complaints to the company either by mail to the following address: "Tipii' – 87 rue de Fontenoy 59100 Roubaix" or by email to the following address: info@tipii.fr, recalling the reference and date of the Order.
Only complaints relating to the Online Sale of Items will be taken into account.
Article 11. Warranty in case of sale to a consumer
If the sale occurred between the Customer, meeting the definition of a consumer given by current texts and case law, the Seller is subject to the legal warranty conditions provided for in articles L.217-4, L.217-5 and L.217-12 of the Consumer Code:
Art. L.217-4 of the Consumer Code: "The seller delivers goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been charged to him by the contract or has been carried out under his responsibility."
Art. L.217-5 of the Consumer Code: "The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- if they have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter."
In case of delivery of a non-conforming product, the CUSTOMER has a period of 15 days from delivery to make any complaint to the SELLER. After this period, no further complaints will be accepted.
In case of a noted lack of conformity, the CUSTOMER will have the choice between being reimbursed for their order or requesting a new edition, the shipping costs of which will be borne by the SELLER.
Article 12. Intellectual Property Rights
The Seller's brand, as well as all figurative or non-figurative trademarks and more generally all other trademarks, illustrations, images and logotypes appearing on the Goods, their accessories and their packaging, whether registered or not, are and shall remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logotypes, for any reason and on any medium whatsoever, without the express prior agreement of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of the Seller.
Article 13. Data Confidentiality
The information requested from the Customer is necessary for processing the Order. In the event that the Customer agrees to communicate individual personal data, they have an individual right to access, withdraw, and rectify this data under the conditions provided by Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms. The Customer must send any request by email to the following address: info@tipii.fr
When creating their customer account on the Website, the Customer will have the option to choose whether they wish to receive offers from the Seller and its partners.
Article 14. Force Majeure
The performance by the Seller of its obligations under these GTC will be suspended in the event of the occurrence of a fortuitous event or force majeure that hinders or delays their performance.
The Seller will notify the Customer of the occurrence of such a fortuitous event or force majeure within 7 days from the date of occurrence of the event.
Article 15. Invalidity of a Clause of the GTC
Should any provision of these GTC be cancelled, such cancellation shall not entail the cancellation of the other provisions, which shall remain in force between the Parties.
Article 16. Governing Law
This Contract shall be governed by French law.
Article 17. Jurisdiction Clause
Any dispute arising from the formation, interpretation, or execution of these GTC shall fall under the exclusive jurisdiction of the Commercial Court in the location of the Seller's registered office, notwithstanding multiple defendants or third-party claims.
By way of exception to the preceding paragraph, where the Customer is a consumer, and only in this case, the competent courts are those designated as such in similar cases by the relevant texts.
Article 18. Ownership, Warranty and Responsibility of the client if products are resold to a third party.
The Client is and remains the exclusive owner of the data, visuals, files, documents, content, information, and trademarks that they may transmit to Tipii' in connection with the Services. Tipii' may only use these elements for the needs and purposes of the client and at their exclusive request.
The Client is solely responsible for the documents, information, data, content, files, particularly their accuracy, truthfulness, quality, and form, which they transmit to Tipii' within the framework of printing and mailing services.
The Client guarantees to Tipii' that they are the legitimate owner and hold all rights relating to the documents, information, data, content, and files transmitted to Tipii', and that these are not unlawful or likely to infringe the rights of third parties, particularly third-party intellectual property rights.
The Client therefore assumes all responsibility, in the event of any recourse, complaint or claim against them or against Tipii' in the context of this resale operation to a third party. They guarantee Tipii' against any recourse, and will substitute themselves for Tipii' in the proceedings if the latter so requests, and will bear the costs incurred by Tipii' for its defense as well as any damages that may have been paid by the latter, including in the event of a settlement, and will indemnify it for the entirety of its full loss.