Terms and Conditions
The publisher of the site http://tcha-tcha.com: JYXYER FRANCE
Simplified joint stock company with a capital of 100,000 euros
Registered office: 10-12 World Trade Center - Lyon Oxygene Tower 10 Boulevard Marius Vivier Merle 69003 Lyon cedex03
R.C.S. of Lyon: 847 754 298
Intra-Community VAT number: FR 21 847 754 298
Telephone number: 04 72 53 57 85
Website Publisher: JYXYER FRANCE
Article 1 - Application And Opposability Of The General Terms & Conditions Of Sale
These General Terms & Conditions of Sale (hereinafter "the GTC") exclusively govern the sale of our products on the site (hereinafter "the Site").
Therefore, the fact of buying our products implies the full and unreserved acceptance of the buyer to the GTC. Also, the validation by the buyer of his order on the Site implies acceptance by him of the GTC.
Unless proven otherwise, the data recorded on the Site constitutes proof of all transactions between our company and the buyer.
The fact that our company does not avail itself at a given moment of any of the clauses of the present GTC cannot in any case be interpreted as a waiver, by our company, to avail itself later of any one of these clauses. Similarly, any condition, contrary to the GTC, requested by the buyer not accepted by our company is unenforceable.
The company JYXYER FRANCE reserves the right to adapt or modify at any time and without notice the GTC. In case of modification, it will be applied to each order the GTC in force on the day of the order.
Thus, the Purchaser must be at least eighteen (18) years old, legally able to contract and use this Site in accordance with the GTC.
The resale or distribution of products purchased on is strictly prohibited.
Article 2 - Geographic Area
The Products sold online and presented on the site are delivered in metropolitan France (including Corsica), as well as to the current EU Member States, Switzerland, Norway and Iceland.
Article 3 - Order
The buyer has the opportunity to place his order online if he has completed the order form on the Site.
Orders placed on the Site are recorded upon validation of the order by the buyer (by clicking on the "Validate" button).
However, the order becomes final only when it has been confirmed by our company.
The contractual information and the GTC are presented on the Site in French language and will be the subject of a confirmation by our company at the latest at the time of the delivery of the products.
Our company reserves the right to cancel or refuse any order from a buyer with whom there is a dispute over the payment of a previous order.
Article 4 - Ordered Availability
Our product offers and prices are valid as long as they are visible on our Site, while stocks last.
In the event of unavailability of one or more products after the placing of the order of the buyer, except in cases of force majeure provided for in Article 16 below, the buyer will be notified immediately and will have the possibility to cancel his order. The refund of the sums paid will then be made by credit on the bank account of the buyer or by check sent to his name to the billing address, within 30 days from the payment of the price by the buyer.
Article 5 - Price - Transfer Of Ownership
5.1. The prices of the products are indicated in euros and include the costs of handling, packaging and preservation of the products but not the shipping costs.
For Metropolitan France and the countries of the European Union, the prices are inclusive of all taxes (VAT), the VAT applied being that of the day of the order. Any change of VAT rate will be reflected automatically on the price of products.
For other countries, prices are exclusive of VAT.
The shipping costs of the products depend on their place of delivery.
5.2. Our company reserves the right to change the price of products at any time. However, the products will be billed based on the rates in effect at the time of placing the order by the buyer.
5.3. The products remain the property of our company until full payment of their price to our company.
5.4. Discounts are not cumulative.
Article 6 - Delivery
6.1 - General
The products are delivered to the delivery address indicated by the buyer when ordering. However, the following delivery addresses are not accepted: post office box, cedex, military base.
You will find attached a summary of the destinations concerned as well as the associated shipping costs.
The buyer is required to perform all the necessary diligences for the successful completion of the delivery. As such, it is required to provide all the information required for delivery (exact address, door code etc.). Otherwise, our company can not be held responsible for a failure to deliver. In such a case, the products will be returned to the warehouse of our company and the buyer will have to contact our Customer Service whose coordinates are indicated in article 10 to learn the steps to follow to recover the ordered products . Our company declines any responsibility as for the time of recovery by the purchaser of his products.
6.2 - Time limits
Orders will be processed within two (2) business days from registration date.
Orders placed on Saturday and Sunday will be counted from the following Monday.
Orders placed on holidays will be counted from the next business day.
6.3 - Order tracking
As soon as our company sends the ordered products, an email is sent to the buyer.
It is indicated to the buyer the number of his package and a link is proposed to the website tracking its delivery.
6.4 - Delivery Issues
In case of absence of the recipient of the order at the time of delivery, the carrier will leave a notice of passage and the Customer or the recipient has a period of fifteen (15) days to recover the package in the manner indicated on the calling card. After this period, the order will be sent automatically to the company JYXYER FRANCE who will contact the customer to define the conditions of a possible reshipment. The processing fees for this new delivery will be billed to the Customer.
In the event that the Customer proceeds to the late withdrawal of the goods including perishable goods that would deteriorate, not only the Customer will do his business deteriorated goods, but also no liability of the company JYXYER FRANCE can not be retained.
Any defect or delay in delivery exceeding ten (10) working days must be reported to our Customer Service as soon as possible.
In case of delay of shipment, an email will be sent to you. In this case, and as long as the product is not shipped, you can always cancel your order. You will be immediately refunded if your account has been debited.
If you receive the product after the cancellation of your order, you will return it to us complete and in its state of origin to allow us, at reception, to proceed to its refund.
You must check the conformity of the goods delivered at the time of delivery and before signing the carrier's delivery note.
You must indicate on the delivery note and in the form of handwritten reserves accompanied by your signature, any anomaly concerning the delivery (open package, damaged product, etc.). This verification is considered to have been made as soon as the Buyer, or a person authorized by it, has signed the delivery note.
6.5 - Shipping cost
We deliver by our contract delivery method (mainly colissimo) in Metropolitan France (Corsica included), current EU Member States, Switzerland, Norway.
Free delivery from 28 €
Delivery less than 28€ of the shopping amount : 6 € TTC
For deliveries the time varies depending on the country of destination (4 to 12 days).
Regarding deliveries to countries outside the European Union, customs or import taxes may be added to the price of our products and remain the responsibility of the buyer. It is therefore the responsibility of the buyer to inquire about the amount at his local customs office.
Article 7 - Payment
by credit card: Visa, MasterCard and other blue cards. The flow of the card is made as soon as the order is taken.
In the event of delay or default of payment, our company may suspend all pending orders, without prejudice to any other course of action.
Article 8 - Product Returns, Exchange And Refund
8.1 - In accordance with Article L121-21 of the Consumer Code, the Customer has a period of fourteen (14) days (holidays and Sunday inclusive) to exercise his right of withdrawal without having to justify reasons or pay penalties except, where applicable, return fees. The period of fourteen (14) days runs from the date of receipt of the products ordered.
Nevertheless, the Customer can not avail himself of this right in the following hypotheses:
Provision of a service the performance of which has begun or has been completed before the end of the fourteen (14) day period, with the express consent of the consumer;
Supply of goods made to the consumer's specifications or clearly personalized or which, by their nature, can not be re-dispatched or are likely to deteriorate or expire rapidly.
The company JYXYER FRANCE recommends to the Customer who wishes to exercise his right of withdrawal to contact the customer service directly by email by sending an email to firstname.lastname@example.org. All information necessary for the return of the goods (procedure, documents to be returned to JYXYER FRANCE) will then be detailed to the Customer.
Can not be taken back, the parcels for which no element joined does not make it possible to identify the sender (n ° order, name, first name, address).
The product or products must be returned in their original condition and packaging, complete and accompanied by a copy of the invoice. The products must not have undergone any alteration whatsoever.
The refund of the Customer will then occur within fourteen (14) days from the exercise of his right of withdrawal, as long as he has provided proof of the shipment of the merchandise in question, or from the recovery. goods by the company JYXYER FRANCE.
The costs and risks related to the return of the goods are the responsibility of the Customer who sends it. The return of the product (s) will result in a refund equal to the purchase price of the product (s) purchased (including the amount paid by the Customer to pay the amount of delivery, and after deduction of the return costs which are supported by the Customer).
8.2 In case of non-conformity of the order: reference error (s) or missing reference (s), the Customer may return the product (s) received. In this case, in order for the return to be accepted, the Customer must first inform the Customer Service, and return the products in perfect condition, in their original condition and packaging, as soon as possible.
The product (s) must be returned (s), accompanied by the invoice of purchase, addressed (s) to our Customer Service.
Regarding the returned product, it will be refunded or exchanged according to your request and available stocks. If a refund has to be made, it will intervene within thirty days (30) of receiving your return. Return costs can then be refunded on receipts.
Article 9 - Security
The Site is subject to a security system. Our company has thus adopted the SSL encryption process in order to protect as effectively as possible all the sensitive data related to the means of payment. Payment for orders is made through PayPal and Stripe.
Article 10 - Guarantees
The buyer benefits from the legal guarantees of conformity of the property to the contract and latent defects in accordance with the legal provisions specified in appendix A of these Terms and Conditions.
Thus, our company agrees, at the choice of the buyer, to refund or exchange, the products apparently defective or not corresponding to his order.
Products must be returned to us new, complete, in their original condition (packaging, accessories ...) and accompanied by the original invoice.
No product can be refunded or exchanged before being redirected and received by our company.
It will be up to the buyer to provide our company any justification as to the reality of anomalies or defects.
He will refrain from intervening himself or involving a third party for this purpose.
The provisions of this article do not prevent the non-professional buyer from benefiting from the right of withdrawal provided for in Article 8.
Article 11 - Customer Service
For any information or questions about products, our Customer Service is at your disposal:
Tel: 04 72 53 57 85
Address: Customer Service - JYXYER FRANCE - 10-12 World Trade Center - Lyon Oxygen Tower 10 Boulevard Marius Vivier Merle 69003 Lyon cedex03
The following email address is also available to the buyer:
Article 12 - Intellectual Property
In accordance with the laws governing Intellectual Property (literary and artistic property rights, industrial property rights), this Site and all elements, trademarks, designs, models, logos, graphics, etc. found on this Site are the exclusive property of JYXYER FRANCE and its partners, who do not grant any license or any right other than to consult the Site.
The reproduction or use of all or part of these elements is only authorized for the sole purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use is constitutive of counterfeit and sanctioned under the Intellectual Property, except prior written authorization of the company JYXYER FRANCE.
Any single link or hypertext is strictly prohibited without the express written consent of JYXYER FRANCE.
Article 13 - Responsibility
The products offered on the Site comply with the French legislation in force and the standards applicable in France.
The photographs of the products on the Site are provided for illustrative purposes and therefore have no contractual value. The purchaser is invited to refer to the description of each Product appearing on the Site to know its characteristics and in case of doubt or if additional information is desired, to contact the Customer Service whose coordinates appear in article 11.
The company JYXYER FRANCE, in the process of selling online, is held only by an obligation of means; its responsibility can not be held liable for damage resulting from the use of the Internet such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Article 14 - Nominative Information
By ordering online on the Site, the customer consents to the use of personal data that he has provided for the purposes of order registration.
In accordance with the provisions of the law n ° 78-17 of January 6th, 1978 relative to the data processing, the files and the liberties, JYXYER FRANCE proceeds to the declaration of the file including data nominative with the National Commission Informatique et Libertés. At any time, the customer has the right to access, rectify or oppose the personal data collected about him. These rights can be exercised by choosing this option online at the time of identification or by mail addressed to JYXYER FRANCE.
Unless the customer objects, JYXYER FRANCE may use the e-mail address to send messages about its products and services.
For more information, please see our RGPD Charter.
Article 15 - Cookies
Cookies are small files of information that a website can send to the hard drive of a personal computer and then trace it. The cookies used on the Site allow to identify the services and items that the buyer has visited, and more generally his behavior regarding visits. This information is useful to better customize the services, content and offers that appear on the Site. Cookies are also necessary for the proper functioning of certain services or to measure their audience.
For more information, please see our RGPD Charter.
Article 16 - Force Majeure
Neither party will have failed in its contractual obligations, to the extent that their execution will be delayed, hindered or prevented by a fortuitous event or a case of force majeure. Will be regarded as a fortuitous event or force majeure any fact or circumstance irresistible, external to the parties, unpredictable, inevitable, independent of the will of the parties and which can not be prevented by the latter, despite all efforts reasonably possible. The party concerned by such circumstances will notify the other within 7 working days of the date on which it became aware of it.
The two parties will then contact each other, within 30 days to examine the impact of the event and agree on the conditions under which the execution of the order will be continued. If the fortuitous event or the case of force majeure has a duration greater than 60 days, the order of products may be terminated by the injured party. Expressly, are regarded as fortuitous case or force majeure besides those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport, delivery or supplies, earthquakes, fires, storms , floods, lightning, stopping telecommunication networks.
Article 17 - Applicable Law - Litigation
These GTC have been drafted in French, which will be considered, in all cases, as the sole language of the parties. The interpretation and the execution of these GTC, as well as all the acts which would be following or consequence, will be subjected to the French right and this, whatever the place of delivery of the products, the place of placing of order, the nationality of the buyer and his address. Any dispute with professionals and / or merchants resulting from these GTC and / or any order that will be sent to our company and / or any sale made by our company will be subject to the exclusive jurisdiction of the Paris Commercial Court, even in the event of a warranty claim or multiple defendants or an incidental claim.
Article L. 211-4 of the Consumer Code
The seller is required to deliver a good in accordance 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, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L. 211-5 of the Consumer Code
To be in conformity with the contract, the property must:
1 ° - Be fit for the usual use of a similar good and, where appropriate:
correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model
present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
2 ° - Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L. 211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price, had he known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect.
Article 1 - Object
The purchase of "events" implies acceptance of these GTC as they appear on the Site. The validation by the buyer of his order on the Site implies acceptance by him of the GTC. The online registration form or an e-mail confirmation in the case of a registration by telephone constitutes the contract between the customer and JYXYER FRANCE.
Article 2 - Registration At The Event
Registration for events is done on the site or by phone within the limits of available places. A confirmation email will acknowledge receipt of your purchase and therefore registration for the event. Registrations become effective after prior payment and in full of each event. Events can be canceled by the customer 72 hours before, without penalty and refunded in full on request but only on the debit card. Participation in the event may also be shifted if another date is available. No refund in cash or check will be issued.
If the cancellation period of 72 hours before the events is not respected, it is no longer possible to cancel the event which will be non-refundable. JYXYER FRANCE reserves the right to cancel or refuse any order if a dispute relating to the payment of a previous event is still in progress at the time of the order.
Article 3 - Price
JYXYER FRANCE reserves the right to change prices at any time and agrees to apply the tariff in force on the date of validation of the order.
Prices are quoted in euros all taxes included. They consider the VAT applicable on the day of the order.
Article 4- Payment
Payment for a reservation by phone or via the website must be made no later than 48 hours before the event. In case of non-payment, JYXYER FRANCE reserves the right to cancel the event, the customer will be notified by email.
Article 5 - Cancellation Of The Event
JYXYER FRANCE reserves the right to cancel or postpone dates and times of events, depending on the number of participants or unforeseen events. In case of cancellation or postponement, JYXYER FRANCE will contact the participants of the event and propose a new date. If no date is appropriate for the participant, the client may request a refund of the event.
Article 6 - Event Location And Times
All events are held in the place described in the event tickets, the participant must make sure to arrive on time, the course will begin no later than 5 minutes after the scheduled and indicated time.
In case of delay, the participant will be able to access the events but the already completed part will not be processed anymore. The participant can not invite to the event a person not registered for the event. The events are reserved for people aged 16 or over, for the smooth running of events and in the respect of other participants we ask not to bring children in the low ages.
Please note that pets are not allowed in our sales area.
Article 7 - Applicable Law, Disputes
The GTC are subject to French law, in accordance with European directives, notwithstanding any conflict of laws rule.
In case of dispute, the parties will favor the settlement amicably.
Any dispute relating to the interpretation or execution of this contract between JYXYER FRANCE and a natural or legal person considered as a consumer, will be brought before the French courts, in accordance with the provisions of Articles 46 to 48 of the NCPC.