TERMS OF USE
The General Terms and Conditions of Sale, hereinafter referred to as "These Terms", define the rights and obligations of the parties in connection with sales made on the website:
"www.tontonetfils.fr"
These terms and conditions are concluded between, on the one hand, ARSENAL VINTAGE, a simplified joint-stock company specializing in the distance selling of clothing, underwear, luggage, accessories, etc., registered with the trade and companies register of Sens under number Siren 92196373200018 RCS Sens, whose registered office is located at 1, rue de la Mare – 89116 La Celle Saint-Cyr, hereinafter referred to as "ARSENALVINTAGE", and on the other hand, natural persons wishing to place an order for product(s) via the website "www.tontonetfils.fr", hereinafter referred to as "the customer".
These terms and conditions apply exclusively to persons who have the legal capacity to contract.
The products and accessories offered on the website "www.tontonetfils.fr" are intended for the personal use of customers. Therefore, customers or recipients of the products are prohibited from reselling, renting, or making available, for a fee, in whole or in part, the product(s) to third parties, whether individuals or professionals.
Ordering products presented on the "TONTON ET FILS" online store is subject to the customer's acceptance of all the terms and conditions set out below.
These general terms and conditions of sale prevail over all other conditions, including those in force for sales in stores or in other distribution and marketing channels, and are binding on the customer without regard to any special clauses added by him (unless expressly agreed to by the seller) and to advertising documents issued by "TONTON ET FILS", nor to any other document.
Therefore, "TONTON ET FILS" reserves the right to adapt or modify its General Terms and Conditions of Sale at any time. In the event of modification, the General Terms and Conditions of Sale applicable to the order will be those in effect on the date of the order.
The website www.tontonetfils.fr is hosted by:
Shopify Inc.
151 O'Connor Street, Ground floor, Ottawa, ON K2P 2L8, Canada
Phone: +1-888-746-7439
Website: www.shopify.com
The website "www.tontonetfils.fr" was created by:
HELDISCH // www.heldisch.com
Heimstrasse 17
10965 Berlin (Germany)
Such : +49 (30) 75 43 78 110
Photos: Laurent Nivalle // www.laurentnivalle.fr
It is managed by the company TONTON ET FILS.
The publication director is Pierre-Yves Oriol as Director of SAS ARSENAL VINTAGE.
1. ACCEPTANCE
The customer declares that they have read and accepted without reservation the General Terms and Conditions of Sale, highlighted on the website, applicable to the sales contract.
The customer's acceptance of these conditions is formalized on the one hand, by ticking the box "Acceptance of general terms and conditions of sale" or "Validation click" and on the other hand, by communicating their details to PAYPAL or other banking institutions for the purpose of payment of their order.
The validation of the customer's order is materialized by the sending of a summary order confirmation email by "TONTON ET FILS".
The sale will only be considered final after the customer receives the order confirmation summary email and after "TONTON ET FILS" has effectively received the sums due (full price).
2. PRODUCTS
The presentation photographs illustrating the products offered in the electronic catalogue of the online store "TONTON ET FILS" aim to present the items with the greatest accuracy.
However, they are only indicative because the rendering of the photograph displayed on a computer screen, in particular the size and color of the product, may give the customer a slightly different impression of reality.
These variations in the representation of the items are inherent to online sales via a computer and are therefore independent of the will of "TONTON ET FILS" which cannot remedy them.
Therefore, they cannot engage the liability of "TONTON ET FILS" nor affect the validity of the sale subject to the legal guarantees provided for in article 11 herein and without prejudice to the exercise of the customer's right of withdrawal (See article 10).
Exceptionally, "TONTON ET FILS" may modify an item, particularly to improve its quality or presentation. In this case, the customer will be informed before placing their order so that they can order with full knowledge of the changes.
3. AVAILABILITY
Product offers and prices are valid as long as they are displayed on the website "www.tontonetfils.fr", subject to availability and the order period. Information regarding product availability is provided to the customer at the time of order placement. In the exceptional event of unavailability after an order has been placed, "TONTON ET FILS" will inform the customer by email and offer either to provide a replacement product with similar or superior characteristics and quality at an equal or higher price, or to cancel the order and issue a refund if the customer's bank account has already been debited.
4. PRICE
The price is expressed in euros. The prices indicated on the product pages do not include shipping or delivery charges.
The final price charged to the customer is the price indicated on the order confirmation sent by "TONTON ET FILS". This price is expressed in euros, inclusive of all taxes, including VAT for France and other European Union countries, the price of the products, and shipping and delivery costs.
For customers wishing to order from North America, Hong Kong, or Australia, the price will also be expressed in US dollars for informational purposes only. The exchange rate applied will be that of PayPal on the day of payment, and under no circumstances can "TONTON ET FILS" be held responsible for it.
For deliveries outside of mainland France, the customer undertakes to make all declarations and pay all taxes due on the importation of products, customs duty, value added tax and all other taxes due under the laws of the country of receipt of the order.
"TONTON ET FILS" reserves the right to change prices at any time. However, for any accepted order, it guarantees the prices in effect on the date of order confirmation sent to the customer.
5. ORDER & PAYMENT
Automatic recording systems are considered valid proof of the nature, content and date of the order; “TONTON ET FILS” confirms acceptance of the order to the customer at the email address provided by the customer.
The price of the products is payable in cash on the day the order is placed.
Payment is only accepted:
Payment can be made through the online payment system PAYPAL (https://www.paypal.fr/fr), or any other banking institution managed by Stripe: https://stripe.com/fr. Cards accepted by Stripe: Visa, Mastercard, American Express.
The sale will only be considered final after the customer receives the order confirmation summary email and after "TONTON ET FILS" has effectively received the sums due (full price).
In the event that a problem arises with the full payment of the price, the order will be automatically cancelled and the customer notified by email.
“TONTON ET FILS” reserves the right to refuse or cancel at any time any order from a customer with whom there is a dispute relating to the payment of a previous order (payment incidents, non-payment, etc.).
6. DATA SECURITY AND CONFIDENTIALITY
The website “www.tontonetfils.fr” uses the secure payment system PAYPAL (https://www.paypal.fr/fr) and Stripe: https://stripe.com/fr.
These systems ensure, through an encryption technique, the integrity and confidentiality of the data communicated by the client.
At no time does "TONTON ET FILS" have access to confidential information relating to the means of payment (card number, expiry date, bank account number, etc.).
In case of a problem with the payment system, PAYPAL or Stripe will assume full and complete responsibility for their services.
7. DELIVERY
The delivery address must be located in one of the countries of the European Union including Corsica and the French overseas departments and territories, in North America, Hong Kong or Australia.
The products will be delivered to the delivery address provided by the customer during the ordering process.
Under no circumstances will "TONTON ET FILS" be held liable for any errors in the delivery address entered by the customer.
In this case, the return and reshipment costs of the product(s) will be borne entirely by the customer.
Deliveries made to an incorrect address due to "TONTON ET FILS" will be subject to a redelivery at the expense of "TONTON ET FILS".
Products purchased from the "TONTON ET FILS" online store are delivered to the customer:
• Metropolitan France via Colissimo 72h with or without signature confirmation;
• Corsica, French Overseas Departments and Territories
• International, via the carrier
Unless otherwise indicated on the product description sheet or in the case of a personalized order subject to a specific estimate, the deadline for delivery to the end customer of the product(s) will be fifteen (15) working days from the date of order confirmation.
Depending on the delivery method chosen, the delivery times indicated on the website are typical average times and include processing and shipping. If items with different delivery dates are ordered simultaneously, the delivery time will be based on the longest estimated delivery time, depending on their availability. "TONTON ET FILS" reserves the right to split deliveries. In this case, the processing and shipping fee will only be charged once.
"TONTON ET FILS" undertakes to make its best efforts to deliver the products ordered by the customer within the aforementioned timeframes. These timeframes are provided for informational purposes only, and any delay will not give rise to any damages, withholding of payment, or cancellation of the order by the customer.
However, if the ordered products have not been delivered within ten (10) days of the estimated delivery date, for any reason other than force majeure, the sale may be cancelled at the written request of the customer or "TONTON ET FILS" within thirty (30) business days from the date indicated for delivery. The sums paid by the customer will then be refunded without delay, excluding any compensation or deductions.
“TONTON ET FILS” cannot, however, be held responsible for the consequences due to a delay in delivery by the chosen transport provider or for a late collection by the customer of their package following the deposit of a delivery notice in their mailbox by the carrier.
The customer is required to check their order upon receipt. The customer is required to check the condition of the packaging and the products upon delivery.
If a package is damaged upon delivery, the customer must refuse it.
The customer must not sign the delivery note without making specific reservations in case of problems and/or damage (anomaly, damaged product, damaged package, already opened…).
From the date of delivery, he has a period of three clear days to confirm his reservations to the carrier in writing by registered letter with acknowledgement of receipt or extrajudicial act and to send a copy to "TONTON ET FILS".
8. RETENTION OF TITLE CLAUSE
“TONTON ET FILS” retains ownership of the goods sold until full payment of the principal and any additional charges has been received.
On the other hand, the transfer of risks of loss and deterioration of the products of "TONTON ET FILS" will take place as soon as the products leave, these traveling at the customer's risk and peril.
9. FORCE MAJEURE
The following are considered as cases of force majeure releasing the seller from its obligation to deliver: risks related to war, riots, fires, strikes, accidents and the impossibility of being supplied, in particular in the event of failure, whatever the cause, of one of its suppliers or delivery services.
10. WITHDRAWAL
The customer has a period of fifteen (14) clear days from the date of delivery of the product, to return to "TONTON ET FILS" the items which do not suit him.
We only allow one (1) exchange. Beyond one (1) exchange, the sale is considered final, non-refundable, and cannot be reversed. Only a credit note for the amount of your purchase, valid for three months, will be issued upon receipt of the returned package. The return shipping costs after the exchange are the responsibility of the customer.
However, in accordance with Article L 121-20-2-3 of the Consumer Code, this right of withdrawal cannot be exercised for contracts
"The supply of goods made to the consumer's specifications or clearly personalized or which, by their nature, cannot be returned."
For example, and not exhaustively, the right of withdrawal cannot be exercised for personalized items once they have been unsealed by the customer.
In other cases the right of withdrawal is exercised without cost to the customer except for the cost of returning the products.
Returns must be for new items in their original packaging, accompanied by all their accessories, instruction manual and documentation.
Incomplete, damaged, or soiled items will not be accepted for return.
After notifying "TONTON ET FILS" of their intention to exercise their right of withdrawal by email, the customer will return the product(s) along with the Return Form issued by "TONTON ET FILS", to the following address:
TONTON ET FILS 1 rue de la Mare 89116 La Celle Saint-CYR
In the event of abnormal or abusive returns, "TONTON ET FILS" reserves the right to refuse a subsequent order.
In the event of exercising the right of withdrawal, "TONTON ET FILS" is required to reimburse the sums paid by the customer, without fees or interest, within a maximum period of thirty (30) days.
11. LEGAL GUARANTEES
According to the provisions of the Civil Code (article 1641) and where applicable, the Consumer Code (article L 211-4 et seq. see extracts below), the customer benefits from legal guarantees, which "TONTON ET FILS" undertakes to respect.
These guarantees are in addition to any contractual guarantee offered by the product manufacturer.
The seller is obligated to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, when the packaging was the seller's responsibility under the contract or was carried out under the seller's supervision.
To comply with the contract, the goods must (Consumer Code article L 211-5):
1) be fit for the purpose for which goods of the same type are normally used and, where applicable:
– 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;
– to present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or their representative, particularly in advertising or labelling.
2) or have the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, made known to the seller and accepted by the latter.
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods (Consumer Code article L 211-12).
The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them (Civil Code article 1641).
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect (Civil Code article 1648).
To benefit from the legal guarantee of the products, it is imperative for the customer to keep the purchase invoice of the product and to contact Customer Service who will tell them the procedure to follow.
The legal guarantee does not apply to the repair of damage resulting from customer fault, for example, use not in accordance with the manufacturer's specifications and recommendations, use contrary to the proper preservation of the product, or normal wear and tear of the product.
12. CUSTOMER SERVICE
For any information or questions, our Customer Service is available to the customer from Monday to Friday (inclusive) from 9:00 a.m. to 12:00 p.m. and then from 2:00 p.m. to 6:00 p.m.
Telephone: +33 (0)6 99 15 61 71
Email: contact@tontonetfils.fr
13. INTELLECTUAL PROPERTY
The website “www.tontonetfils”, all of its content, as well as all related rights, are the exclusive property of the company “ARSENALVINTAGE”.
All models presented (protected or not by a registered design right), texts, works, illustrations, trademarks and images reproduced on the online store "TONTON ET FILS" are protected by copyright law and industrial property law worldwide.
Any reproduction, in whole or in part, of the models, trademarks, site, or any of the elements that compose it, is strictly prohibited without the prior written consent of "ARSENAL VINTAGE".
Any violation of the provisions of this article will expose the offender to legal proceedings.
The latter will be held civilly and criminally liable for acts of counterfeiting, unfair competition and parasitic competition.
14. RESPONSIBILITY
Unless otherwise stated, the products offered comply with current French and European legislation as well as applicable standards in France, including health standards.
"TONTON ET FILS" cannot be held liable for any failure to comply with the laws of the country where the product is delivered. It is the customer's responsibility to check with local authorities regarding the import or use of the products.
More generally, "TONTON ET FILS" cannot be held responsible for accidental damages of any kind, whether material, immaterial or bodily, resulting from the misuse of the products sold, or from failure to comply with the information provided by the labels and/or on the website.
“TONTON ET FILS” will not be responsible for the content of information provided on sites pointed to by any hyperlinks from the “TONTON ET FILS” online store.
Through the website "www.tontonetfils.fr", "TONTON ET FILS" does not intend to sell to professionals. Consequently, it cannot be held liable for any damages whatsoever resulting from professional activity (loss of business, loss of profit, loss of opportunity, damages and expenses).
15. PERSONAL INFORMATION
Providing the personal information collected for the purposes of distance selling is mandatory, as this information is essential for processing and shipping orders, issuing invoices, and establishing warranty contracts. Failure to provide this information will result in the order not being validated.
In accordance with the "TONTON ET FILS" law, the processing of personal information relating to customers was declared to the National Commission for Information Technology and Freedoms (CNIL) on January 26, 2018, and registered under number 2146474 v 0.
The customer has (article 34 of the law of 6 January 1978) a right of access, modification, rectification and deletion of data concerning him, which he can exercise with “TONTON ET FILS”.
“TONTON ET FILS” undertakes not to disclose to third parties, with the exception of companies within its group, whether free of charge or for consideration, the information provided by the client. This information is confidential.
They will only be used for processing the customer's order and to strengthen and personalize communication of products reserved for "TONTON ET FILS" customers, in particular through newsletters, which the customer can unsubscribe from at any time, as well as for personalizing the site according to their interests.
However, when a customer visits the "TONTON ET FILS" online store from certain partner websites, identified as such, their data may exceptionally be shared with those partners. If the customer does not wish this to happen, they must inform "TONTON ET FILS" when placing their order.
The website "www.tontonetfils.fr" is also designed to best meet customer needs, and it is for this purpose that cookies are used. These cookies are intended to track a customer's visit to the site and are used by "TONTON ET FILS" solely to improve the personalized service offered to the customer.
For more information, please consult the following link: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/#c5554.
We inform you that you can object to the recording of "cookies" by configuring your browser, for example:
For Mozilla Firefox:
1. Select the "Tools" menu, then "Options"
2. Click on the "privacy" icon
3. Locate the "cookie" menu and select the options that suit you
For Microsoft Internet Explorer 6.0:
1. Choose the "Tools" menu, then "Internet Options".
2. Click on the "Privacy" tab.
3. Select the desired level using the slider.
We invite you to consult your browser's user manual or guide to find out the appropriate configuration.
16. DISPUTES
This contract is governed by French law.
In the event of difficulties in the application of this contract, the customer has the option, before taking any legal action, to seek an amicable solution, in particular with the assistance of a professional association in the relevant sector, a consumer association, or any other advisor of their choice. It is important to note that seeking an amicable solution does not interrupt the statutory warranty period or the duration of the contractual warranty. It is also important to note that, as a general rule and subject to the discretion of the courts, compliance with the provisions of this contract relating to the contractual warranty requires that the buyer fulfill their financial obligations to the seller.
Complaints or disputes will always be received with careful attention, as good faith is always presumed on the part of anyone who takes the time to explain these situations. In the event of a dispute, the customer should first contact the company to seek an amicable solution.
Failing that, the Commercial Court of the defendant's domicile or of the place of actual delivery of the products, is solely competent (This allocation of jurisdiction is equivalent, for non-merchants, to a waiver of the option of jurisdiction offered to them as plaintiff in the action and not as defendant).
