General Terms and Conditions
General Conditions of Sale
APRIL 30, 2023
Article 1 – LEGAL NOTICES
This site, accessible at the URL www.terraemar.shop (the "Site"), is published by: TERRA & MAR, a simplified joint stock company with capital of 1,000 euros, registered with the Paris Trade and Companies Register under number 912 387 362, whose head office is located at 10 rue de Penthièvre 75008 - Paris, represented by Pétala Melo Moura, duly authorized.
The intra-community VAT number is FR93912387362.
The Site is hosted by the company Shopify
The Director of Publication of the Site is Pétala Melo Moura, legal representative of the company TERRA & MAR, who you can contact at the following address: equipe@terraemar.shop
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general conditions of sale (the “General Conditions of Sale”, or the “GCS”) are applicable exclusively to the online sale of products offered by TERRA & MAR on the Website.
The General Terms and Conditions are made available to customers on the Site where they can be consulted directly and can also be communicated to them upon simple request by any means.
The General Terms and Conditions are binding on the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, having read and accepted them before placing an order. Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by TERRA & MAR.
Article 3 – DESCRIPTION OF PRODUCTS
The Site is an online sales site for sportswear and swimwear (the “Product(s)”) open to any natural or legal person using the Site (the “Customer”).
The descriptions of the products for sale on the site are given for information purposes only. Similarly, the photographs may differ slightly from reality, in particular due to the configuration of the display parameters of the computer used.
The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appear on the Site or are at the latest sent upon delivery. The Products comply with the requirements of French law in force.
Article 4 – AVAILABILITY OF PRODUCTS
Our product and price offers are valid as long as they are visible on the site, within the limit of available stocks. Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same product by several customers. In the event of unavailability of a product after placing your order, we will inform you by email or telephone as soon as possible, offering you either to order another product presented on the site as a replacement, or to cancel your order.
TERRA & MAR assumes no liability in the event of stock shortages or unavailability of products for orders not yet accepted by TERRA & MAR.
TERRA & MAR reserves the right to change the products offered on the site at any time and without notice. In order to ensure better quality of service and availability of our products to all customers of the site, TERRA & MAR reserves the right to limit the quantity of products that can be purchased by a customer, in accordance with the applicable provisions in this area and in particular those of article l. 122-1 of the French consumer code.
5 – ORDERS
When placing an order, the Customer must select the chosen Products, add them to his basket by indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.
After selecting the product(s), the Customer must click on the “pay” button to start the order process. The Customer will be prompted to fill in his/her email address.
The information provided by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, TERRA & MAR cannot be held liable in any way in the event that an error when placing the order prevents or delays delivery/delivery.
The Customer undertakes to read the General Terms and Conditions of Sale then in force before accepting them and to confirm the terms and any delivery and withdrawal costs prior to payment of his order. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.
A summary of the order will then be sent by email. The acknowledgement of receipt will include the total amount of the order, information relating to the cost and delivery time, the essential characteristics, quantity and price of the products purchased.
The Customer formally accepts the use of electronic mail for confirmation by TERRA & MAR of the contents of the order.
We advise the Customer to keep this acknowledgement of receipt on paper or electronic media.
In application of article l. 134-2 of the consumer code, when an order concerns an amount equal to or greater than 100 euros, TERRA & MAR keeps the written record which records the contract concluded between TERRA & MAR and a Customer electronically for a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years from this date (in accordance with decree 2005-137 of February 16, 2005).
The Customer can access this document at any time, upon request made to customer service by sending an email to equipe@terraemar.shop
The data recorded by the site constitutes proof of all transactions between TERRA & MAR and its customers. In the event of a dispute between TERRA & MAR and one of its customers over a transaction carried out on the site, the data recorded by TERRA & MAR are considered valid proof of the content of the transaction.
Article 6 – PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered.
In any event, TERRA & MAR reserves the right to check the validity of the payment, before shipping the order, by all necessary means.
Orders can be paid using one of the following payment methods:
Payment by credit card (Carte Bleue, Visa or Mastercard). Payment is made directly on the secure banking servers of TERRA & MAR's bank, the Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Customer's account will be debited with the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.
Failure to debit the amounts due will result in the immediate nullity of the sale. The bank card may be refused in particular if it has expired, if it has reached the maximum amount of spending to which the Customer is entitled or if the data entered is incorrect.
Payment by Paypal. If the Customer has a Paypal account, he will be able to use this payment method for his order.
Following this choice of Paypal payment, the Customer is invited to confirm his order and to follow Paypal's recommendations during payment. The direct debit will be made via Paypal.
Where applicable, the order validated by the Customer will only be considered effective when the secure banking payment center has given its approval to the transaction.
Article 7 – PAYMENT OF THE PRICE
The price of the Products in effect at the time of the order is indicated in euros, all taxes included (TTC), excluding delivery and transport costs. In the event of a promotion, TERRA & MAR undertakes to apply the promotional price to any order placed during the period of advertising made for the promotion.
The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include any discounts and rebates that TERRA & MAR may grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the Customer confirms the order. The total amount owed by the Customer and its details are indicated on the order confirmation page.
For sales made outside the European Union, customs clearance and payment of various duties or taxes are the sole responsibility of the Customer.
TERRA & MAR reserves the right to modify at any time and without notice the prices of the Products offered on the Site. The Products are invoiced on the basis of the prices displayed on the Site at the time of placing your order, subject to availability of the Products ordered at that time.
Article 8 – RETENTION OF TITLE
TERRA & MAR remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.
On the other hand, the Customer assumes the risks (in particular of loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated when ordering.
Article 9 – SHIPPING AND DELIVERY
The online sales offers presented on the Site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The shipping costs are those specified when finalizing the order and are accepted by validation of the order.
For any order placed on the site, TERRA & MAR undertakes to prepare the customer's order within 24 to 72 hours (excluding weekends and public holidays) and within a maximum of 10 working days during busy periods (Christmas, sales, etc.), it being specified that these deadlines only start from the validation of your order by our customer service.
Delivery times are announced in working days on the Site when ordering. These times include the preparation and shipping of the order as well as the time provided by the carrier. However, if one or more Products could not be delivered within the time initially announced, TERRA & MAR will send an email indicating the new delivery date to the Customer.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to the Customer to check that this address does not contain any errors. TERRA & MAR cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
Upon delivery, you may be asked to sign a receipt.
It is the Customer's responsibility to check the condition and any damage to the Products themselves upon receipt. Similarly, they must verify that the Products delivered comply with what was agreed when the order was placed, as well as that the quality, quantity and references of the products are respected.
The Customer undertakes, after opening and checking the contents of the package(s) in the presence of the carrier, to sign the delivery receipt presented by the delivery person.
Any comments must be reported to the carrier and on the delivery note.
The mention "subject to unpacking" is not accepted and does not cover the Customer in any way in the event of damage noted subsequently, after unpacking the package.
If a problem arises on a product (tear, stain, etc.) the Customer's refusal is mandatory on the product damaged during transport, he will have the delivery person co-sign and keep a copy of the delivery note. As such, TERRA & MAR disclaims all liability in the event of damage noted after the transfer of ownership at the time of delivery.
Strict application of these recommendations will lead to a rapid and efficient resolution in the event of a problem upon delivery, and will allow the Customer to calmly approach the receipt of their products.
9.1 Liability for undelivered item
First of all, make sure to check the tracking of your package via the link provided in your order confirmation email. If it says "delivered" but you have not received it in your mailbox, it is possible that the item has been returned to the post office closest to you, or that your neighbor has received it. If your package indicates that it was delivered by our service provider (La Poste, Mondial Relay), we can no longer do anything. A theft from a mailbox is the equivalent of a theft from your property. You must therefore contact the carrier.
9.2 Responsibility and sending of your return package
Until we have received it, your return package is your responsibility. In the event of loss or any other problem occurring during the delivery of your return package, we invite you to contact the carrier. Do not hesitate to inform us via equipe@terraemar.shop
We will not be able to confirm the return of your items until your package has reached us. We recommend that you keep proof of deposit of your package while we process it.
Article 10 – RIGHT OF WITHDRAWAL
You have a legal right of withdrawal that you can exercise under the conditions provided for in articles l. 121-21, l. 121-21-1 and l. 121-21-2 of the consumer code, if you meet the conditions set out in these provisions, without having to provide reasons and without having to pay penalties.
The general return policy (for any refund request) of TERRA & MAR allows you to withdraw within fourteen (14) days from the date of delivery of the products, without having to justify reasons and without having to pay a penalty. After this period, you will no longer be able to exercise your right of withdrawal.
We offer you the possibility to complete and transmit your withdrawal declaration by sending us an email to equipe@terraemar.shop you will then receive a confirmation of your withdrawal by email.
The return of a Product, in the event of a refund request, is free if the place of shipment is in metropolitan France. The return of a Product, in the event of a refund request, is at your expense if the place of delivery is outside metropolitan France and is done at your risk. To do this, you must send an email to equipe@terraemar.shop indicating the reasons why you wish to make a return. You will receive within a maximum of one week by email a return slip to return your order as well as a transport slip at the expense of TERRA & MAR in the event of a place of delivery in metropolitan France, which you will be responsible for printing. Please note that this return slip includes a deadline for depositing at the post office. After the deposit date indicated on this return slip, you will no longer be able to return your product free of charge, the return will therefore be at your expense.
Any product returned that is not clean, stained or damaged will be considered ineligible for return. We will send it back to you and you will be charged for delivery.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (name, first name, address) of the Customer as well as the order number.
TERRA & MAR will reimburse the Customer for the amount of the Product within fourteen (14) days from receipt of the Product and all elements enabling the Customer's reimbursement to be implemented. This reimbursement may be made by the same means of payment as that used for the Customer.
By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.
The Client may also contact TERRA & MAR for any questions:
By email to: equipe@terraemar.shop
Article 11 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
TERRA & MAR is the sole owner of all elements present on the Site, including and without limitation, all texts, files, images, animated or not, photographs, videos, logos, designs, models, brands, visual identity, database and all other elements of intellectual property or information which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Client or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorization of TERRA & MAR on a case-by-case basis, and the Client is solely responsible for any unauthorized use and/or exploitation.
TERRA & MAR reserves the right to take all legal action against persons who have not respected the prohibitions contained in this article.
ARTICLE 12 – LIABILITY AND WARRANTY
TERRA & MAR cannot be held responsible for the non-performance of the contract due to the Client or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party hereto.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions on the Internet. Thus, TERRA & MAR does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to develop their content and/or presentation.
TERRA & MAR cannot be held responsible for the use that may be made of the Site and its services by Customers in violation of these General Conditions and for any direct or indirect damage that this use may cause to a Customer or a third party.
In particular, TERRA & MAR cannot be held responsible for false declarations made by a Client and their behavior towards third parties.
Regardless of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and the guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
TERRA & MAR will provide you with a Product free of hidden defects that would make it unfit for the use for which it is intended, or that reduce this use so much that you would not have purchased it, or would have paid a lower price for it, if you had known about them. This warranty will only apply if you make the request within two (2) years from the discovery of the defect.
In the event of a hidden defect, you will have the choice of returning the Product and having the price and costs incurred by the sale refunded or of keeping the Product and having part of the price refunded. In all cases, it will be up to you to prove that you meet the conditions of the guarantee.
In the event of a lack of conformity or hidden defects, you must return the Products to us at the following address:
TERRA & MAR
10 Penthièvre Street
75008 Paris – France
ARTICLE 13 – PERSONAL DATA
For more information regarding the use of personal data by TERRA & MAR, please read carefully the Privacy Policy (the “Policy”). You can consult this Policy at any time on the Site.
All information in your account is only used in the context of your business relationship with www.terraemar.shop . This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are processed entirely by Paypal or by the secure payment module of our partner Stripe. The site uses cookies (connection witnesses) of which the user is informed when arriving on the website which allow to record information relating to the navigation of the computer on the website. These cookies are only installed after acceptance by the user, the continuation of the navigation on the website being equivalent to acceptance. The user can oppose the use of these cookies by configuring his browser, knowing that access to certain services may require the prior acceptance by the user of cookies.
Article 14 – LINKS
The Site may contain links to third party sites not published or controlled by TERRA & MAR. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and then agree to use the third party sites at his own risk or, where applicable, in accordance with the conditions governing them.
The Customer acknowledges that TERRA & MAR does not control or contribute in any way to the development of the conditions of use and/or content applicable to or appearing on these third-party sites. Consequently, TERRA & MAR cannot be held responsible in any way whatsoever for these links.
The site may contain technical inaccuracies or other defects, TERRA & MAR does not guarantee the correction of these defects. The site and its content are presented "as is" and "according to availability". TERRA & MAR expressly excludes any form of guarantee, and in particular, any implicit guarantee relating to the usual conditions of use of the site or the suitability of the site for normal use or for a specific use, to its quality or to compliance with any legal provisions. This limitation of liability applies to the fullest extent permitted by law.
ARTICLE 15 – REFERENCES
The Client authorizes TERRA & MAR to mention the Client's name and logo as a reference in its communication materials (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).
ARTICLE 16 – GENERAL PROVISIONS ENTIRE AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing the relationship between the Client and TERRA & MAR. They constitute the entirety of the rights and obligations of the Company and TERRA & MAR relating to their subject matter. If one or more provisions of these General Terms and Conditions are declared null and void pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on its part to invoke such a breach in the future.
CHANGES TO CONDITIONS
TERRA & MAR reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating all or part of the Site.
In addition, TERRA & MAR reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before any use of the Site.
The Customer acknowledges that TERRA & MAR cannot be held liable in any way whatsoever towards it or any third party as a result of these modifications, suspensions or cessations.
TERRA & MAR advises the Client to save and/or print these General Conditions for safe and long-term storage, and thus to be able to invoke them at any time during the execution of the contract if necessary.
APPLICABLE LAW
These general conditions of use are governed and interpreted in accordance with French law in accordance with regulation EC 593/2008 of June 17, 2008. These general conditions of use are written in French.
In the event of a dispute relating to the use of the site, you have the option of resorting to a conventional mediation procedure or any other alternative dispute resolution procedure.
In the event of a dispute, in accordance with the provisions of Regulation No. 44/2001 of 22 December 2000:
- You can refer the matter either to the court of the place where you are domiciled or to the French courts,
- TERRA & MAR may refer the matter to the court of the place where you are domiciled.
TERRA & MAR reserves the right to seek and obtain injunctions or orders for the defense of its rights hereunder.
In the event of any discrepancies between the French version and the English version of the general conditions of use, the French version shall prevail.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Conditions.
By registering on the Site, the Customer confirms having read the General Conditions and accepts them, making him contractually bound by the terms of these General Conditions.
The General Conditions applicable to the Customer are those available on the date of the order, a copy of which dated on that date may be provided to the Customer upon request. It is therefore specified that any modification of the General Conditions which would be made by TERRA & MAR will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.