Tom’s Sunscreen is an e-commerce site accessible at https://www.tomsunscreen.com It is published by the IE Frédéric Pernelle, manager of the TOMSUNSCREEN brand whose SIRET number is 419 872 866 00035 and whose headquarters is located in Anse des Cayes, 97133 Saint Barthelemy. The site allows Tom’s Sunscreen to offer cosmetic products for sale.
Phone number : +590 690 516 627
Email : fredericpernelle@me.com
The Buyer, prior to his order, declares to have full legal capacity, allowing him to engage under these general conditions of sale. Any order of a Product proposed on the Site supposes the consultation and the express acceptance of the present general conditions of sale, without however that this acceptance is conditioned by a handwritten signature on behalf of the User. In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of March 30, 2001, taken for the application of Article 1316-4 of the Civil Code and relating to the electronic signature, it is recalled that the validation of the order form as specified in Article 3.3. below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.
Creation of the graphic models and the e-commerce site: https://www.julyonthemoon.com
1.Purpose
The present general conditions of sale have for object, on the one hand, to inform any possible consumer on the conditions and modalities in which the salesman proceeds to the sale and to the delivery of the ordered products and, on the other hand, to define the rights and obligations of the parts within the framework of the sale of products by the salesman to the consumer. They apply, without limitation or qualification, to all sales by Tom’s Sunscreen, products offered on its website. Tom’s Sunscreen reserves the right to modify at any time these general conditions of sale. In this case, the applicable conditions will be those in force at the date of the order by the buyer.
2. Products and prices
2.1. Products
In accordance with Article L. 111-1 of the Consumer Code, the User may, prior to his order, take note, on the Site Tom’s Sunscreen, the essential characteristics of the products he wants to order. The Buyer selects one or more products from the various categories offered on the website Tom’s Sunscreen Offers presented by Tom’s Sunscreen are valid while stocks last. Tom’s Sunscreen reserves the right to modify the product range depending on the constraints of its suppliers. The photographs, graphics and descriptions of products offered for sale are indicative and not binding on the seller. In case a supplier would modify a product, the graphic representation of this one would not know how to engage the responsibility of the salesman nor even affect the validity of the sale.
2.2. Prices
The sale prices of products online on the website Tom’s Sunscreen, indicated in euros, are those in effect at the time of registration of the order form by the Buyer. They do not include shipping costs, charged in addition to the price of products purchased according to the amount of the order. The shipping costs will be indicated before the registration of the order by the Buyer. The selling prices of the products can be modified by Tom’s Sunscreen at any time.
3. Registration and validation of the order
3.1 Order
Any order implies full and unconditional acceptance of these terms and conditions of sale. From the moment the Buyer has registered his order, he is considered to have accepted knowingly and without reservation these general conditions of sale, prices, volumes and quantities of products offered for sale and ordered.
If the User wishes to place an order, he/she will select the various Products in which he/she is interested, and will express said interest by clicking on the “Add to cart” box. At any time, the Buyer may :
Obtain a summary of the Products he/she has selected or modify his/her order, by clicking on “My Cart” accessible at the top right of each page continue his/her selection of Products by clicking on the “continue shopping” icon finish his/her selection of Products and order them by clicking on “confirm my order
To order the Products he/she has chosen, the Buyer will click on “Confirm my order”. A summary of his order will then appear on the screen. If the list presented to him/her corresponds to the Products he/she has chosen, the Buyer will validate the summary by clicking on : “Confirm my order”. The Buyer will then have to identify him/herself, either by entering his/her e-mail address and password, if he/she is already a customer, or by accurately filling in the form provided, on which he/she will include the information necessary for his/her identification with his/her name, first name and postal address. The Buyer is informed and accepts that the seizure of any identifier is worth proof of his identity and manifests his consent. Once identified, the Buyer’s shopping cart will be displayed, summarizing the details of the order: the nature, quantity and price of the Products selected by the Buyer, as well as the total amount of the order, the Buyer’s contact information, and the delivery address of the Products.
3.2. Final validation of the order
After having read the status of the order, and once all the information requested has been completed by the Buyer, the latter will click on the “Confirm my order” box to pay for the order. He will choose the means of payment he wishes to use to pay for his order, it being understood that the Buyer must have the means of payment as defined in Article 4 below. He will click on the button corresponding to the means of payment he has chosen.
The sale will be considered final once the full price has been received. Any fraudulent order or presumed as such, will be considered by Tom’s Sunscreen as null and void.
4. Payment
The credit cards accepted on the Paypal site are the following: Carte Bleue, Visa, Master Card, American Express, Aurore, Cofinoga and 4 stars.
You just have to connect to your Paypal account with your usual identifiers to validate the payment of your order.
The Buyer’s account will be debited on the day of the order.
Payments will be made through the secure Paypal system so that the information transmitted is encrypted by software and that no third party can take cognizance during the transfer on the network. Thus, the site Tom’s Sunscreen never has knowledge of your bank details. The account of the buyer will be debited the day of his order.
5. Choice of products
The Buyer having read the products and their characteristics, marketed by Tom’s Sunscreen, has under his sole responsibility and according to his needs as determined before any order, made his choice on the product or products subject to his order. In addition, the Buyer, knowing only the products he owns and uses, is the sole judge of the compatibility of the products ordered with those used by him. It is exclusively up to the Buyer, if he does not consider himself sufficiently competent, to be assisted by an adviser. He can request this assistance via the contact form of the site Tom’s Sunscreen.
6. Delivery and reception
6.1. General rules
For all shipments, you have a tracking number to see the progress of your package (tracking link sent by mail when taken over by the Post Office).
The shipments to France and the Dom Tom are done by Lettre Suivie. International shipments are made by Colissimo.
6.2 Unavailability of products
The products offered for sale on the site are in stock in our warehouse, and therefore available to be shipped within 24 hours (excluding weekends and holidays).
In case of stock error on our part, the customer will be notified by email of the unavailable product and will be immediately refunded. The buyer will have in this case the opportunity to cancel the order by requesting a refund of sums paid via the contact email of Tom’s Sunscreen
7. Right of withdrawal
In accordance with Articles L. 221-18 and following of the Consumer Code, you have a period of fourteen (14) days from the day after receipt of the last product of your order to exercise your right of withdrawal without having to justify or pay penalties.
The return of the products is done under your responsibility and at your expense. Any damage suffered by the products on this occasion is likely to defeat the exercise of your right of withdrawal. You undertake to return the products that are the subject of a retraction within 14 calendar days following the sending of the notification of your decision to retract. Only products returned in a state allowing their resale (assuming that they are returned in their original packaging or in a packaging allowing an equivalent protection of the said products during their return transport) will be accepted under the withdrawal and refunded. Consequently, the products returned incomplete, damaged or soiled will not be taken back as a withdrawal.
Following your request for withdrawal, in accordance with the law, Tom’s Sunscreen will refund you within 14 days of notification of your request for withdrawal. In the absence of receipt of your product or proof of shipment of your product within this period, Tom’s Sunscreen reserves the right to postpone your refund until the day of receipt of your product.
Tom’s Sunscreen will refund your money using the same payment method you used to place your order.
8. Return of products
You can return unopened, untested and unused products in their original packaging and in perfect condition for resale, at your expense.
Upon receipt, if everything complies with these conditions, we will proceed to the creation of the credit / refund / exchange.
To return an item, the Buyer must first contact the company on its mailbox.
Tom’s Sunscreen will not accept packages sent with postage due. If the above procedure is not followed and the time limits indicated above, the Buyer will not be able to make any claim for non-conformity or apparent defect of the products delivered, the products being then deemed to be in conformity and free of any apparent defect.
9. Retention of title
Tom’s Sunscreen retains full ownership of the products sold until full payment of the price, in principal, including delivery charges if any.
10. Responsibility
Tom’s Sunscreen can not be held liable for breach of contract in case of stock shortage or unavailability of the product due to a case of force majeure, disruption or total or partial strike including postal services and transport and / or communications.
Tom’s Sunscreen, as an intermediary seller, can not be held responsible for any direct or indirect damage that may arise from the purchase of products. Only the responsibility of the manufacturer remains fully engaged, including under Articles 1641 and following of the Civil Code. Tom’s Sunscreen can not be responsible for any loss of data and files. It is the responsibility of the Buyer to make all necessary backups. Tom’s Sunscreen website also contains information from third parties, and links to other websites. Tom’s Sunscreen shall not be liable for any damages resulting from the use of, access to, or inability to use such third-party information or the content of other websites.
11. Partial invalidity
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
12. Non-Waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.
13 “Data processing and Freedoms”
The personal information collected in the context of distance selling is mandatory, this information is necessary for the processing and delivery of orders and for the establishment of invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order.
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal information collected on the Site was the subject of a declaration to the National Commission of Data processing and Freedoms. The User has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, the User should send a letter to Tom’s Sunscreen, Anse des Cayes BP 1066, 97133 Saint Barthelemy.
14. Intellectual property
All elements of the site Tom’s Sunscreen are the exclusive intellectual property of the company Tom’s Sunscreen. Nobody is allowed to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site they are software, visual or audio.
15. Applicable law and competent jurisdiction
The sales of Tom’s Sunscreen products are subject to French law. Any dispute relating to the interpretation, performance or breach of contract between Tom’s Sunscreen and the Buyer, even in case of multiple defendants, will, in the absence of amicable agreement, the exclusive jurisdiction of the courts.
16. Dispute mediation of the consumption
In the event of a dispute between the parties, they shall endeavor to resolve it amicably. If no amicable agreement can be reached, the Customer is informed in accordance with Article L.211-3 of the Consumer Code that he/she may refer the matter free of charge to a mediator registered on the list of mediators drawn up by the Commission for the Evaluation and Control of Consumer Mediation in application of Article L.615-1 of the Consumer Code, namely : The Center of the Mediation of the Consumption of Conciliators of Justice. Address: 14 rue saint Jean 75017 Paris. You can open a dispute to them.
The Customer remains free to accept or refuse the recourse to mediation and, in case of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the absence of an amicable agreement, recourse to mediation or acceptance by the parties of the solution proposed by the mediator, the dispute will be brought before the court according to the rules of common law.
If applicable, the competent courts are the French courts, subject to the mandatory legal standards in force in the consumer’s country imposing another jurisdiction.
Tom’s Sunscreen informs you of the existence of the European platform for online dispute resolution intended to collect possible complaints from European consumers resulting from an online purchase and to transmit them to the competent national mediators: this platform is accessible at the following address: https://ec.europa.eu/consumers/odr