Identification:
Corporate name: BERREN
A French limited liability company with capital of EUR 2,000
Commercial registered trademark: Tom & Lola (registered by the INPI 38 (French National Institute for Industrial Property) under the no. 07/3531326
Partner managers: Claire Berguin-Trichet - Gérard Renault
Registered office: La Pérérée - 38420 Murianette - France
Telephone N°.: +33 (0)6 84 80 82 90 / +33(0)6 74 54 95 07
e-mail address: contact@tom-lola.com
website
: www.tom-lola.com
siret no.: 500 127 568 000 11
NAF code: 514S
Intra-community VAT no.: FR 05 500 127 568
Website hosting: AILAIR - Corenc - 38 - France
Introduction
Welcome to our website. These general terms of sale contractually bind BERREN, the holder of the Tom & Lola registered trademark, to its customers. By using this website, all customers accept the terms of use hereof.
Under the Act no. 80- 335 of 12 May 1980 on the effects of reservation of title clauses in contracts of sale, BERREN and the associated Tom & Lola registered trademark remain the owners of the product (or products) until full payment of the price by the customer.
Application of the general terms of sale
The whole website and all rights relating hereto are owned by BERREN and the associated Tom & Lola registered trademark. Any total or partial reproduction shall be systematically referred to the owners for their authorisation.
Legal provisions
All the communication media belonging to BERREN and the associated Tom & Lola registered trademark, and their content, are protected by the Act no. 57-298 of 11 March 1957 on literary and artistic property.
Such representation or reproduction, by any and all means, or using any and all process whatsoever, represents infringement penalised by Articles 335-2 et seq. of the French Intellectual Property Code.
It is formally forbidden to use a text, image or part of an image taken from this website on another website or for other communication media.
Any reproduction of the items marketed under our trademark, even if such is only partial, is forbidden.
Legal proceedings may be instituted against all offenders.
All rights reserved.
Tom & Lola is a registered French trademark. Any resale of Tom & Lola products under the name of another trademark / brand is strictly forbidden.
1. Acceptance of terms and conditions
When placing an order, the customer acknowledges that he/she/it has familiarised him/her/itself with the special terms of sale set forth in these general terms of sale and expressly represents that he/she/it unreservedly accepts such.
These general terms of sale shall take precedence over any and all other terms set forth in any and all other document, unless there is a prior, express and written derogation. BERREN and the associated Tom & Lola registered trademark may change these general terms at any time and without notice. In this case, the changes shall be applicable to all orders placed subsequent to said changes.
2. Products
All purchased products are sold on the basis of their description which sets forth the specifications for each product. Our products are offered within the limit of available stock.
The photographs showing the products are not included in the contractual scope. Should errors occur, BERREN and the associated Tom & Lola registered trademark shall under no circumstances be held liable.
Moreover, the information recorded on our website shall only be used and provided externally for management requirements or in order to comply with legal and regulatory obligations. Nevertheless, if such is expressly accepted by the customer when he/she/it registers on our website, he/she/it may receive certain special offers via our website.
3. Orders
The automatic ordering systems represent proof of the nature, content and date of orders. BERREN and the associated Tom & Lola registered trademark confirm acceptance of customer orders to the e-mail addresses provided. Sales shall only be concluded upon receipt of payment. Consequently, orders are only finalised on the payment-receipt date for cheques and on the date when the company's bank account is credited for payments by banker's card.
BERREN and the associated Tom & Lola registered trademark reserve the right to cancel any orders placed by a customer with whom/which there is a dispute relating to payment of a previous order.
The seller may not be held liable in the event of an error by the buyer as regards the contact details of the consignee or as regards the constituent elements of the order.
Once the customer's payment is received, his/her/its file is validated for immediate processing and rapid launching of the production process.
BERREN and the associated Tom & Lola registered trademark reserve the right not to confirm orders, in particular, owing to a procurement problem affecting the products. The company undertakes to advise customers thereof using any means at its disposal. The customer warrants that the personal information provided when he/she/it registers / places an order as a customer, is correct, up-to-date and complete in all respects.
All orders placed with BERREN and the associated Tom & Lola registered trademark are destined for customers' personal use; customers or consignees of the products undertake to refrain from reselling all or part of the products under a trademark/brand other than Tom & Lola.
4. Deliveries
A maximum lead-time of 20 days shall be required to meet each order, between the order-confirmation date and the delivery date. Deliveries are subject to the availability of the products, the raw materials and the banking verification required for the due and proper progress of the process. In the event of delays, measures shall be introduced to inform customers of the lead-times and conditions for receipt of the goods insofar as possible (preferably by e-mail).
Following confirmation of orders, BERREN and the associated Tom & Lola registered trademark undertake to deliver all the products ordered by buyers to their carrier. Said carrier contractually undertakes with BERREN and the associated Tom & Lola registered trademark to deliver orders to the buyers' addresses which we provide.
BERREN and the associated Tom & Lola registered trademark ship their goods using private carriers.
Delivery expenses are calculated (according to the destination, volume and weight of the parcel) once the order has been recorded. They correspond to the carriers' price brackets. These expenses are provided when the order is confirmed by return of e-mail (within 48 business hours in the European Union and within 72 hours outside the European Union).
Once the order has been confirmed and processed, we send the customer notice of shipment by e-mail.
For all orders relating to shipments outside the European Union, any rights, taxes and duties shall be settled by the customer and are not mentioned in the purchase order or invoice. BERREN and the associated Tom & Lola registered trademark disclaim any and all liability de facto if such taxes are not settled by the customer.
The buyer is bound by the information which he/she/it provides when placing the order: in the event of an error in the consignee's contact details (in particular, surname, first name, street number and name, postcode, name of town / city, telephone number or e-mail address), the seller shall not be held liable for its possible inability to deliver the product.
Delivery is carried-out by the direct furnishing of the product to the designated consignee or, in the event of absence, to any and all other person so authorised by the customer. The delivery lead-times are stated as accurately as possible. Under no circumstances shall BERREN be liable for any delays. In all cases, delivery within the lead-times shall only be possible if the buyer is up-to-date as regards his/her/its obligations vis-‡-vis the seller.With the exception of errors in the consignee's contact details in the order and with the exception of an event of force majeure, should delivery not have been made during the 2 weeks following the indicated receipt date, the buyer may request the cancellation of the sale, within a 4 week-timeframe, causing the price of the product to be reimbursed, to the exclusion of any and all other indemnity, to the buyer and the return of the product to the seller. War, riots, fire and strikes are considered as events of force majeure discharging the seller from its delivery obligation.
Goods are always transported at the consignee's risk (the latter is the owner as he/she/it has paid). The customer shall always verify his/her/its parcel on arrival. In the event that the parcel is excessively damaged, the buyer shall refuse to accept it and have such duly noted by the carrier. The buyer has the right to submit a claim within 48 hours of receipt of the goods provided that there is an error of volume or in the products compared to the offer, which is attributable to the seller. This right shall be exercised in writing.
For reasons relating to availability, an order may be delivered to the customer on several different occasions. In this case, the customer shall only pay for one delivery. Should the customer request two different delivery places, he/she/it shall place 2 orders, and shall bear the related delivery expenses.
5. Right of retraction
Under the conditions provided for by Article L121-20 of the French Consumer Code, and within the framework of distance selling, the buyer has a 7 clear-day retraction period as from receipt of the products, which shall be reimbursed to him/her/it in consideration of the return of the delivered products. Should the right of retraction be exercised, BERREN and the associated Tom & Lola registered trademark shall repay the amounts paid by the customer, without expenses, with the exception of the cost of returning the products. Repayment shall be made within 30 days at the latest.
In the event of an obvious defect or a non-conformity affecting the delivered products, which is duly noted by the seller, any and all return agreed to by the latter shall enable the buyer to receive a replacement free-of-charge or for a credit note to be established in its favour, to the exclusion of any and all other indemnity or damages.
Prior to returning an item, the customer shall write to contact@tom-lola.com stating its references and the legitimate grounds for the return. The buyer shall then return the goods in their original condition, perfectly protected in their original packaging, together with any and all accessories, instructions for use and documentation, to the following address: BERREN
La Pérérée 38420 MURIANETTE FRANCE
6. Prices
The products are supplied at the effective price when the order is placed. The price stated in the descriptions of our products does not include carriage, which is notified when the order is confirmed.
The cost of carriage is then invoiced at the rate specified in the purchase order.
The price set forth in the purchase order is expressed in euros, inclusive of all taxes (Applicable VAT for France and the European Union member countries and any and all other taxes).
For all orders relating to shipments outside the European Union, any rights, taxes and duties shall be settled by the customer. BERREN and the associated Tom & Lola registered trademark disclaim any and all liability de facto if such taxes are not settled by the customer.
The invoiced price includes the price of the products, the product-handling, packing and warehousing expenses and the cost of carriage.
7. Payment
The price invoiced to the customer is the price set forth in the order confirmation sent by BERREN and the associated Tom & Lola registered trademark.
The prices of ordered items are payable in full and in cash to BERREN and the associated Tom & Lola registered trademark on the date of the actual order, on the basis of the following means of payment: - by banker's card (secure on-line payment) - by cheque
PAYMENT BY BANKER'S CARD
Secure payment by banker's card may be made over the Internet. This procedure is based on information-encryption technology, which is the leading reference in secure payment. The secure payment system offered by the Banque Populaire Bank allows you to pay via Cyberplus payment (Banque Populaire) banking server within a secure environment. To order using a banker's card on the website: When the payment is made, the customer records the number and the expiry date of his/her/its banker's card which are immediately encrypted in his/her/its computer before being sent to our Banque Populaire bank via the Internet. The banker's card number is therefore directed towards the bank's servers with the payment being made directly to a bank within a secure environment without contact with the store's server, which provides even greater protection as only our banking partner Cyberplus is aware of the numbers. Orders validated by customers shall only be considered as being effective once the relevant banker's payment centres have given their authorisation. Should these centres refuse to accept the payment, the order shall be automatically cancelled and the client shall be informed thereof by electronic mail. Moreover, BERREN and the associated Tom & Lola registered trademark reserve the right to refuse any order from a customer with whom/which a dispute is ongoing. Therefore, no confidential information is sent onto the network without having been encrypted beforehand. PAYMENT BY CHEQUE IN EUROS a) On the "your basket" page, select the means of payment by cheque. b) Make your cheque payable to BERREN and send it to the following address:
BERREN
Tom & Lola
La Pérérée
38420 MURIANETTE
c) On the page "Order confirmation", print-out the page and enclose it together with the payment.
8. Disputes
This Agreement is governed by French law. BERREN and the associated Tom & Lola registered trademark may not be held liable for physical or consequential damage/loss, or for bodily injury, of any nature, which may be the consequence of improper use of the sold products. The same shall apply to any changes to products made by the manufacturers. In all cases, the liability of BERREN and the associated Tom & Lola registered trademark shall be limited to the value of the order and shall not be invoked on the grounds of ordinary errors or omissions by the seller or the buyer as mentioned hereinabove, which may remain in spite of all the precautions taken when presenting the products.
In the event of problems as regards the application of this Agreement and prior to any and all legal proceedings, the buyer is entitled to attempt to reach an out-of-court settlement with BERREN and the associated Tom & Lola registered trademark, or with the assistance of a professional association in the business branch, an association of consumers or any and all other adviser of its choice. It is hereby stipulated that attempts to reach an out-of-court settlement shall not interrupt the "short period" of the legal warranty, nor the term of the contractual warranty. It is further stipulated that, generally speaking, and subject to the assessment of the Courts, compliance with the provisions of this Agreement concerning the contractual warranty involves the buyer complying with his/her/its financial commitments vis-‡-vis the seller.
Claims or complaints shall always be handled with goodwill and attention, with the good faith of the person taking time to explain his/her/its position always being presumed. In the event of a dispute, the customer shall first contact the company in order to reach an out-of-court settlement. Failing this, the Court having jurisdiction may be that of the buyer's (for individuals, the Commercial Court or Civil Court and for tradespersons, the Commercial Court) place of residence or of the place where the item is delivered.
In all cases, BERREN and the associated Tom & Lola registered trademark may not be held liable for non-compliance with the effective regulatory and legislative provisions in the country where the goods are received.
The liability of BERREN and the associated Tom & Lola registered trademark is systematically limited to the value of the product in question (at its sale date), without a right of action against the trademark/brand or company manufacturing the product. Tom & Lola complies with the terms of the legal warranty for latent defects under Article 1641 of the French Civil Code. In all cases, customers benefit from the legal "hold harmless" and latent defects clause (Art.1626 et seq. of the French Code Civil). Provided the buyer presents proof of the latent defect, the seller is legally obliged to compensate for all the consequences thereof (Art.1641 et seq. of the French Code Civil which provides that "the seller is bound by a warranty in respect of latent defects affecting the item and making it unsuitable for the use for which it is intended, or which reduce such use to such an extent that the buyer would not have purchased it, or would have paid less, had he/she/it been aware thereof"); if the buyer refers the matter to the Courts, he/she/it shall do so within a "short period" as from the discovery of the latent defect (Art.1648 of the French Civil Code).
The customer may contact the customer-service department of BERREN and the associated Tom & Lola registered trademark by e-mail at contact@tom-lola.com
10. Legal information
Providing the personal information collected for distance selling is mandatory as this information is essential for processing and forwarding orders, establishing invoices and warranty agreements.
Failure to provide such information shall mean that the order shall not be validated.
In accordance with the Act on "Information Technology and Civil Liberties", the processing of customers' personal information is subject to a declaration to the
Commission Nationale de l'Informatique et des Libertés (CNIL- French National Commission for Information Technology and Civil Liberties). Customers are entitled to access, change, rectify and remove their personal information (Article 34 of the Act of 6 January 1978), and they may exercise this right vis-‡-vis BERREN and the associated Tom & Lola registered trademark by sending an ordinary e-mail to contact@tom-lola.com
Moreover, BERREN and the associated Tom & Lola registered trademark undertake not to communicate the personal details of their customers to third parties, either free-of-charge or for valuable consideration.
The hypertext links inserted within the framework of the
www.tom-lola.com website towards other resources on the Internet network and, in particular, towards partners' websites, have been subject to prior and express authorisation.
Nevertheless, as BERREN and the associated Tom & Lola registered trademark do not own these websites, they are unable to verify the content thereof. Consequently, under no circumstances may BERREN and the associated Tom & Lola registered trademark be held liable for the content of websites accessible in this manner, or for any collection and transmission of personal information, the installation of cookies or any and all other process having the same results, which may be carried-out by said websites.
Moreover, users and visitors to the www.tom-lola.com website may under no circumstances insert a hypertext link towards said www.tom-lola.com website without the prior and written authorisation of BERREN and the associated Tom & Lola registered trademark. Any request in this respect shall be sent to contact@tom-lola.com
