Terms of sale

ARTICLE 1: SCOPE AND AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale apply to all orders placed on the website www.talika.fr, an e-commerce service published by SAS DANIELLE ROCHES (TALIKA brand).

The publisher reserves the right to adapt or amend these general terms and conditions of sale at any time. In the event of any amendment, the general terms and conditions of sale in force on the day of the order shall apply to each order.

These general terms and conditions of sale apply exclusively to natural persons who are not traders and who are over 18 years of age.

The customer means any natural person acting for purposes which do not fall within the scope of their commercial, industrial, craft or professional activity, over 18 years of age and having placed at least one order on the site.

The creation of a customer account is reserved for natural persons who are at least 18 years of age.

Our General Terms and Conditions of Sale, as well as any other separate agreement by which we provide you with Services, shall be governed by and construed in accordance with the laws in force in France.

ARTICLE 2: AVAILABILITY OF PRODUCTS

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 event of unavailability, we undertake, within 30 days from the validation of the order, either to deliver the product ordered to you or to refund it using the means of payment used when placing your order.

The date on which the order is recorded corresponds to the date of payment by credit card online via the secure payment terminal of our partner.

In the event of an exceptional stock shortage on one of the products in your order, we will dispatch the remainder of your order, together with an information message on the picking slip.

ARTICLE 3: VALIDATION OF ORDERS AND ELECTRONIC SIGNATURE

Any order validated by clicking on the « Valider et payer » button during the order process implies irrevocable acceptance of these general terms and conditions of sale.

Clicking on the « Confirmer ma commande et payer » button, together with the authentication and non-repudiation procedure and the protection of the integrity of the messages, constitutes an electronic signature. This electronic signature has, between the parties, the same value as a handwritten signature.

ARTICLE 4: PRICE

Talika reserves the right to change 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 the price has been paid in full to Talika. Prices are stated in Euros, all taxes included (TTC).

ARTICLE 5: METHODS OF PAYMENT AND SECURITY

Methods of payment

Payment by credit card and American Express: payment is made on the site of our partner. No banking information concerning you passes through the Talika site. Your order will be recorded as soon as the payment is accepted by the banking service. Your credit card details are encrypted by means of the SSL (Secure Socket Layer) protocol and never pass over the network in clear text. Talika has no access whatsoever to these details and does not store them.

Payment by PayPal: payment is made through PayPal. PayPal's general terms and conditions of use shall apply.

Prevention of fraud

Talika reserves the right to verify the validity of the payment, before the dispatch of the order, by any means that Talika deems necessary.

Non-payment

Talika reserves the right to refuse to carry out a delivery or to fulfil an order from a customer who has not paid, in full or in part, a previous order or with whom a payment dispute is ongoing. In the event of fraud, Talika reserves the right to remove any member without any prior notice or compensation.

ARTICLE 6: DELIVERY

Order preparation times

Orders are prepared within 24 working hours, to which you must add the 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 shown on the order form. In the event of an input error, in particular an incorrect or incomplete delivery address, Talika may not be held liable for the consequences in terms of delay or impossibility of delivery. All costs related to the re-dispatch of the products due to an input error by the customer shall be borne exclusively by the customer.

The delivery times may not exceed 30 working days after the date of validation of the payment by the Customer.

Transit times

The average delivery times are 1 to 2 working days from the validation of the payment for shipments by Colissimo, TNT or to Pick-up Points. This is an average time corresponding to the service used for delivery in France and in Europe (Schengen area).

In the event of absence, the customer shall be responsible for collecting the product from the relevant services. In the event of public holidays, periods of high activity, bad weather, exceptional closures or driving bans, the times may be extended.

Delivery tracking

After validation of the payment, an order number is assigned to you. You can track the stages of its processing at any time in your « Mon Compte » Customer area. The Customer must provide a valid e-mail address.

Delivery charges

[Keep the table of charges by country currently in place]

Countries served

The countries served by the TALIKA site are France, the French Overseas Departments and Territories (DOM-TOM), 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 dispatched outside the European Union and the DOM-TOM, the price will be calculated exclusive of tax automatically on the invoice. Customs duties or other local taxes may be payable and shall be borne by the Customer.

ARTICLE 7: LIABILITY

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

ARTICLE 8: RIGHT OF WITHDRAWAL

Conditions of exercise and return procedures

In accordance with the provisions of article L.221-18 of the French Consumer Code, the customer has a period of 14 days from receipt of the order to exercise their right of withdrawal without having to give any reason or to pay any penalties.

If the 14-day period expires on a Saturday, a Sunday or a public or non-working holiday, it shall be extended until the first following working day.

To exercise their right of withdrawal, the customer must notify Talika of their decision before the expiry of the period, by means of an unambiguous statement:

• By email: contact@talika.com
• Via their Customer area
• By using the model withdrawal form below

The customer shall return the items to Talika without undue delay and at the latest within 14 days from the communication of their decision to withdraw. Returns must be made in their original condition and complete (packaging, accessories, instructions) allowing them to be placed back on the market in new condition, together with the purchase invoice. Products that are damaged, soiled or incomplete are not accepted for return.

Send your parcel to the following address:
Laphal — Talika Service Retour
200 avenue de Provence
13190 Allauch, France

Model withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract)

For the attention of: SAS DANIELLE ROCHES (TALIKA) — 17 rue du Colisée, 75008 Paris — contact@talika.com

I/We (*) hereby give notice (*) of my/our (*) withdrawal from the contract for the sale of the following good (*)/for the provision of the following service (*):

• Ordered on (*) / received on (*):
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s) (only if this form is notified on paper):
• Date:

(*) Delete as appropriate.

Refund

In the event of withdrawal, Talika will refund to the Customer the price of the item(s) concerned and, in the event of return of the entire order, the delivery charges according to the least expensive standard delivery method offered by Talika.

The Customer shall bear the cost of returning the items.

The refund will be made within a period of 14 days from receipt by Talika of the returned products, using the same means of payment as that used for the initial order, unless otherwise expressly agreed by the consumer.

The refund may not take place if the item has suffered any depreciation resulting from handling other than that necessary to establish its nature, characteristics and/or proper functioning.

ARTICLE 9: LEGAL WARRANTIES

All products sold on the site benefit from the following legal warranties:

Legal warranty of conformity (articles L.217-3 to L.217-20 of the French Consumer Code)

Article L.217-3: The seller delivers goods that conform to the contract as well as to the criteria set out in article L.217-5. The seller is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of article L.216-1, which becomes apparent within a period of two years from that delivery.

Article L.217-4: The goods conform to the contract if they meet, in particular and where applicable, the following criteria:
1° They correspond to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° They are fit for any special use sought by the consumer, brought to the knowledge of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3° They are delivered with all the accessories and installation instructions, to be supplied in accordance with the contract;
4° They are updated in accordance with the contract.

Article L.217-7: Lacks of conformity which become apparent within a period of twenty-four months from delivery of the goods are, in the absence of proof to the contrary, presumed to have existed at the time of delivery.

Article L.217-8: In the event of a lack of conformity, the consumer is entitled to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to the rescission of the contract, under the conditions set out in this sub-section.

Article L.217-12: The consumer may not be required to pay for the bringing into conformity. The bringing into conformity shall take place within a reasonable period which may not exceed thirty days following the consumer's request.

Legal warranty against latent defects (articles 1641 to 1649 of the French Civil Code)

Article 1641: The seller is bound by the warranty on account of the latent defects of the thing sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have acquired it, or would have given only a lower price for it, had they known of them.

Article 1648 paragraph 1: The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect.

The guarantor of the defects of the thing sold is SAS DANIELLE ROCHES, 17 rue du Colisée, 75008 Paris.

Procedures for returning defective or non-conforming products

The Customer must contact the Web Customer Service via the contact form on the site or on 01 80 05 22 60, then return the item to:
Talika SAV
10 rue Singer
75016 Paris

After the defect or non-conformity has been established, Talika will refund to the Customer the price of the item(s) concerned and, in the event of return of the entire order, the delivery charges.

ARTICLE 10: INTELLECTUAL PROPERTY

All the elements of the Talika site, whether visual or audio, are protected by copyright, trademark or patent law. They are the exclusive property of SAS DANIELLE ROCHES. Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offence of infringement.

ARTICLE 11: LIABILITY

Talika has, for all the stages of access to the site, the order process, delivery, customer service or after-sales services, only a best-endeavours obligation. Talika may not be held liable for any inconvenience or damage inherent in the use of the internet network, nor in the event of force majeure.

ARTICLE 12: ENTIRE AGREEMENT

In the event that one of the clauses of this contract should become null and void as a result of a change in legislation, regulations or a court decision, this shall not affect the validity and observance of these general terms and conditions of sale.

ARTICLE 13: DURATION

These terms and conditions apply throughout the period during which the services offered by Talika are online.

ARTICLE 14: EVIDENCE

The computerised records, kept in the computer systems of Talika and its partners under reasonable security conditions, shall be considered as evidence of the communications, orders and payments made between the parties.

ARTICLE 15: RETENTION AND ARCHIVING OF TRANSACTIONS

The archiving of order forms and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the French Civil Code.

ARTICLE 16: DISPUTES AND MEDIATION

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law. They are drafted in the French language. In the event of translation, only the French text shall be authoritative.

All disputes to which the purchase and sale transactions concluded in application of these terms and conditions may give rise, which could not be resolved between the seller and the customer, shall be submitted to the competent French courts under the conditions of ordinary law.

Consumer mediation

In accordance with articles L.611-1 and R.612-1 et seq. of the French Consumer Code, the Customer is informed that they may, free of charge, have recourse to a consumer mediator with a view to the amicable resolution of any dispute between them and Talika, under the conditions provided for in articles L.611-1 et seq. of the French Consumer Code.

ARTICLE 17: TALIKA CUSTOMER SERVICE

For any information or question, the Talika Customer Service is at the Customer's disposal:

• By email: contact@talika.com
• By telephone: 01 80 05 22 60 (call charged at local rate) — Monday to Friday, from 10 a.m. to 6 p.m.
• By post: Laphal — Talika Service Retour, 200 avenue de Provence, 13190 Allauch, France

ARTICLE 18: PROTECTION OF PERSONAL DATA

SAS DANIELLE ROCHES undertakes to comply with the regulations in force regarding the protection of personal data, and in particular the General Data Protection Regulation (GDPR — EU Regulation 2016/679) and amended Law No. 78-17 of 6 January 1978.

In accordance with these regulations, you have the following rights over your personal data: the right of access, rectification, erasure, restriction of processing, portability and objection.

You may exercise these rights by contacting:
SAS DANIELLE ROCHES — 17 rue du Colisée, 75008 Paris
Email: contact@talika.com

You also have the right to lodge a complaint with the CNIL (www.cnil.fr).

For more information on the processing of your personal data, please consult our Privacy Policy.

ARTICLE 19: COOKIES

The talika.fr site uses cookies to improve the user experience. To find out more, please consult our Privacy Policy.