Terms of use

ARTICLE 1: FIELDS OF APPLICATION AND MODIFICATION OF THE TERMS AND CONDITIONS OF SALE

These general conditions of sale apply to all orders placed on the website www.talika.com, an electronic commerce service published by the company Danielle Roches. The publisher reserves the right to adapt or modify any moment the present general conditions of sale. In the event of a modification, the general conditions of sale in force on the day of the order will be applied to each order. These general conditions of sale apply exclusively to non-commercial individuals under the age of 18. is understood as any natural person who acts for purposes that do not fall within the framework of his commercial, industrial, craft or liberal activity, under the age of 18 and having ordered at least once on the site. of the customer account is reserved for all natural persons aged at least 18 years.

Our General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide Services to you, will be governed by and interpreted under the laws in force in France.

ARTICLE 2: PRODUCTS AVAILABILITY

Our product offers and prices are valid as long as they are visible on the site. Upon receipt of your order, we check the availability of the product (s) ordered. In the exceptional case of unavailability, we undertake within 30 days from the validation of the order, either to deliver the ordered product to you or to refund it to you using the means of payment used during your order. date of registration of the order corresponds to the date of payment by credit card online with the secure payment terminal of our partner.In the event of an exceptional out of stock on one of the products in your order, we ship the rest of your order, accompanied by an information message on the preparation slip.

ARTICLE 3: ORDER VALIDATION AND ELECTRONIC SIGNATURE

Any order confirmed by clicking on the "Validate and pay" button during the ordering process implies irrevocable acceptance of these general conditions of sale. The click on the "Confirm my order and pay" button associated with the authentication procedure and non-repudiation and protection of the integrity of messages constitutes an electronic signature. This electronic signature has value between the parties in the same way as a handwritten signature.

ARTICLE 4: PRICE

Talika reserves the right to modify its prices at any time but undertakes to apply the prices displayed at the time of your order, subject to availability on that date. The products remain the property of Talika until full receipt of the price by Talika.

The prices are indicated in Euro (TTC).

ARTICLE 5: PAYMENT TERMS AND SECURITY

PAYMENT TERMS

Cash payment by credit card and American Express

You can pay by Credit Card and American Express: in this case, payment is made on our partner's website. This implies that no banking information concerning you passes through the Talika site. Payment by credit card is therefore perfectly secure. Your order will be registered as soon as the payment is accepted by the banking service. You can pay online with confidence by entering the number¸ the expiry date of your bank card and the security code on the back of it in the spaces provided for this purpose. are encrypted using SSL (Secure Socket Layer) and never pass unencrypted over the network. Payment is made directly to the bank. Talika has no access to these details and does not keep them on its servers. This is why they are asked again for each new transaction on our site. 

Cash payment by Paypal

You can pay using Paypal: in this case, payment is made through our partner. The terms and conditions of Paypal will apply. 

FIGHT AGAINST FRAUD

Talika reserves the right to check the validity of the payment, before shipping the order, by any means that Talika deems necessary (in particular the request for identity documents, proof of address, etc.). 

DEFAULT OF PAYMENT

Talika reserves the right to refuse to make a delivery or to honor an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. In the event of fraud, Talika reserves the right to remove any member without notice or compensation.

ARTICLE 6: DELIVERY

ORDER PREPARATION TIME

Orders are prepared within 24 working hours, you must add transport delivery times. Orders placed on a Saturday, Sunday or public holiday will be processed on the first following working day. The order is delivered to the address on the purchase order. In the event of an entry error, in particular an incorrect or incomplete delivery address, Talika cannot be held responsible for the consequences in terms of delay or impossibility of delivery. All costs related to the reshipment of products due to a customer input error will be the sole responsibility of the customer. Delivery times may not exceed 30 working days after the date of validation of payment by the Customer. are deadlines ex warehouse. 

For shipments of products by Colissimo, TNT or Relay Points

Average delivery times are 1 to 2 working days from validation of payment.This time is an average time corresponding to the service used for delivery in France and Europe (Schengen area). The customer will be responsible for recovering the product from the departments concerned. In the event of public holidays, periods of high activity such as sales, bad weather, exceptional closures or traffic ban, processing and delivery times may be extended. 

Delivery tracking :

After validation of the payment, an order number is assigned to you. Your order is then registered. We recommend that you print the order number and keep it. You can follow the steps in its processing at any time in your "My Account" Customer area. The Customer must provide a valid e-mail address, failing which Talika cannot be held responsible for the consequences arising therefrom. The Customer must ensure that their data is updated in their Customer area. 

DELIVERY RATES

COUNTRIES DELIVERED

The countries delivered by the TALIKA site are France, the French overseas departments and territories, Europe, Africa and the Middle East. In the event of an order to a country other than mainland France, the customer is the importer of the product (s) concerned. For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding tax automatically on the invoice. customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.

ARTICLE 7: RESPONSIBILITIES

Talika cannot be held responsible for the non-performance of the contract concluded in the event of unforeseeable circumstances and force majeure as defined by law and case law.The choice and purchase of a product are placed under the sole responsibility The photographs and graphics presented on the Talika website are not contractual and do not engage the responsibility of Talika.

ARTICLE 8: RIGHT OF WITHDRAWAL

CONDITIONS OF EXERCISE AND TERMS OF RETURN

In accordance with the provisions of article L.121-21 of the Consumer Code, the customer has a period of 14 days to exercise his right of withdrawal without having to justify a reason, if the product is not opened. or damaged. The starting point of the deadline is the day of receipt of the order by the customer or by the third party designated by him. If the 14-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. To assert his right of return, the customer must notify Talika of his decision to withdraw, specifying the reason for the return, before the deadline expires:

• By clicking here to access your Customer Area If the return is due to a technical / product quality problem, the return will be free.
• Or by means of an unambiguous declaration such as an e-mail specifying the following: name, address, telephone number, order number, reference, type of article, price and quantities.Contact Form

The customer returns to Talika, without undue delay and at the latest within 14 days from the communication of his decision to withdraw, the item (s) subject (s) of the right of withdrawal. their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be returned to the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not taken back. For the purposes of proper reception and in order to speed up the processing of the return, the customer must comply with one of the following procedures.

• Pack the product (s) to be returned and attach the duly completed delivery note.
  • the reason for your return
  • the returned quantities
  Remember to pack the package well (consult the official recommendations)
• Send your package to the following address: LaphalTalika - Service Retour200 avenue de Provence13190 AllauchFrance

The customer will be informed by e-mail that the processing of his return has been carried out. 

REFUND

In the event that the right of withdrawal is implemented, Talika will reimburse the Customer for the price of the item (s) concerned and, in the event of return of the entire order, the shipping costs according to the least standard shipping method. costly offered by Talika.The Customer bears the cost of returning said items. The amounts of said costs are specified for information only in Article 6.4.In the event of the return of one or more items that are the subject of a promotional offer or sales, the amount of the refund will be that shown on the invoice attached to the The refund will be made after receipt by TALIKA of the item (s) subject to the Customer's withdrawal. The refund will be made within 14 days of receipt by TALIKA of the Products returned by the Customer under the conditions provided for in This article will not be reimbursed if the article concerned has suffered a depreciation resulting from handling other than those necessary to establish its nature, characteristics and / or its conformity.

ARTICLE 9: LEGAL GUARANTEES

GUARANTEE OF CONFORMITY AND GUARANTEE OF HIDDEN DEFECTS

The products benefit from the legal guarantee of conformity (article L 211-4 and following of the Consumer Code) and the guarantee against hidden defects (article 1641 and following of the Civil Code). Any guarantee is excluded in the event of damage of external origin or resulting from misuse, improper use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the product. 

- Article L211-4 of the Code de la Consommation

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery (…). 

- Article L211-5 of the Code de la Consommation

To comply with the contract, the product must:

• 1 ° Being suitable for the use usually expected of a similar good and, where applicable: corresponding to the description given by the seller and possessing the qualities that the latter has presented to the buyer in the form of a sample or a model; presenting the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
• 2 ° Or having the characteristics defined by mutual agreement by the parties or being suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

 

- Article L211.7 of the Consumer Code

The lacks of conformity which appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can challenge this presumption if this presumption is not compatible with the nature of the goods or the lack of conformity invoked. 

- Article L211-9 of the Consumer Code

In case of lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. 

- Article L211.10 of the Consumer Code

If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.

• 1 ° If the solution requested, proposed or agreed pursuant to article L.211-9 cannot be implemented within one month of the buyer's complaint;
• 2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use which it seeks.

The sale resolution cannot however be pronounced if the lack of conformity is minor. 

- Article L211-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. 

- Article L211-13 of the Consumer Code

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the Code Civil or any other action of a contractual or extra-contractual nature which is attributed to them by law. 

-Article 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects of the thing sold, which makes it unfit for the use for which it is intended, or which diminishes this use so much, that the buyer would not have acquired it, or would have given a lesser price for it, if he had known them. 

-Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.The guarantor of the defects of the item sold is SARL DANIELLE ROCHES whose head office is located at 17 rue du Colisée 75008 Paris. When acting as a legal guarantee of conformity, the customer has a period of two years from the delivery of the good to act, can choose between repair or replacement of the good, subject to the cost conditions provided by Article L. 211-9 of the Consumer Code, is exempt from providing proof of the existence of the lack of conformity of the goods during the 6 months following delivery of the goods. The legal guarantee of conformity applies regardless of any commercial guarantee that may be granted.The customer can decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code and can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. 

TERMS OF RETURN AND REIMBURSEMENT OF DEFECTIVE OR NON-CONFORMING PRODUCTS

The Customer requesting the benefit of the legal guarantee of conformity or hidden defects must then return the item within the aforementioned deadlines to Talika at the following address:

• Talika SAV10 RUE SINGER75016 PARIS

Prior to this return, the Customer must contact the Web Customer Service via the contact form on the site or on 01 80 05 22 60. In the event of a return of a defective or non-compliant product, after finding, by Talika, of the defect or non-conformity of the product, Talika will refund the Customer for the price of the item(s) concerned and, in the event of return of the entire order, the shipping costs.

ARTICLE 10: INTELLECTUAL PROPERTY

All elements of the Talika site, whether visual or sound, are protected by copyright, trademarks or patents. They are the exclusive property of the company Talika. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. The content of the TALIKA website is the property of the company DANIELLE ROCHES and its partners. It is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

ARTICLE 11: RESPONSIBILITY

The company Talika has, for all stages of access to the site (of the ordering process, delivery, Customer Service or subsequent services), only an obligation of means. Talika cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with In addition, the company Talika cannot be held responsible in the event that the order does not succeed or if it is prevented from complying with any of its obligations for a case of force majeure within the meaning of the case law, and in particular in the event of inclement weather preventing the delivery of the order.

ARTICLE 12: INTEGRALITY

In the event that any of the clauses of the present contract would be null and void by a change of legislation, regulation or by a court decision, this cannot in any way affect the validity and the respect of these terms and conditions of sale.

ARTICLE 13: DURATION

These conditions apply throughout the duration of the online services offered by the company Talika.

ARTICLE 14: PROOF

The computerized registers, kept in the computer systems of the company Talika and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

ARTICLE 15: CONSERVATION AND ARCHIVING OF TRANSACTIONS

The filing of purchase orders and invoices is carried out on a reliable and durable support so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Code Civil.

ARTICLE 16: DISPUTES

These General Conditions of Sale and the operations resulting therefrom are governed and subject to French law. These General Conditions of Sale are drafted in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute. All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the seller and the customer will be submitted to the competent French courts under the conditions of common law. that he may in any event have recourse to conventional mediation, in particular with the Commission for consumer mediation (C. consom. art. L 612-1) or with existing sectoral mediation bodies, and whose References appear on the "Indicate website" website or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

ARTICLE 17: TALIKA CUSTOMER SERVICE

For any information or question, Talika Customer Service is available to the Customer:

• By electronic means through the contact form located at the bottom of the page.For any electronic correspondence that will follow, the Customer is requested to do so with the e-mail address he uses for his Customer account. This will allow faster processing of the request.
• By phone on 01 80 05 22 60 Monday to Friday, 10 a.m. to 18 p.m.
• By mail: LaphalTalika - Service Retour200 avenue de Provence13190 AllauchFrance

For an order follow-up exclusively / a question related to the After Sales Service: you can log in to your Customer space "My account" and then go to the contact form.

ARTICLE 18: COMPUTER PROVISIONS AND FREEDOMS

Talika reserves the right to collect data on the user, in particular through the use of cookies. Subject to your agreement, we may, for commercial reasons, transmit to a business partner the identity and contact details of the users of the services. The user is informed that this automated processing of information, in particular the management of users' e-mail addresses, has been declared to the CNIL under number 1899535 v 0 of 27/10/2015. with the law nº 78-17 of January 6, 1978 relating to data processing, files and freedoms, you have a right of access, modification, rectification and deletion of the data which concern you. We offer you the possibility to exercise these rights by contacting us at the address indicated above. The site has a cookie identification system for identification purposes. Cookies are files stored in a directory on your computer. These cookies have a temporary lifespan or one year depending on the options chosen. You can deactivate cookies by configuring your browser.

ARTICLE 19: COOKIES

Our Site is particularly attentive to the needs of our customers. To learn more, click here.