Conditions Générales de Vente
Preamble
The online sales website tomtect.com is managed by the company KAPLA, with a share capital of €22,867, whose registered office is located at 98, Avenue de la Garonne, 33440 Saint-Louis-de-Montferrand, France, and registered with the Bordeaux Trade and Companies Register under number 39773663800016.
It is hereby specified that these terms and conditions govern the sale of products by TomTect to any natural or legal person making a purchase via the website tomtect.com, hereinafter referred to as "the CLIENT."
These General Terms and Conditions of Sale, along with the order form and the order confirmation, constitute the sales contract between TomTect and the CLIENT regarding the sale of the ordered products.
Any order placed on the tomtect.com website implies the CLIENT’s prior, full, and unreserved acceptance of the General Terms and Conditions of Sale.
In the event of disagreement with the terms and conditions, the CLIENT must not use the Website.
TomTect reserves the right to adapt or modify its General Terms and Conditions of Sale at any time and without prior notice. Such adaptations or modifications will apply to any orders placed after the changes.
In case of modification, the applicable Terms and Conditions are those online and accepted by the CLIENT at the time of placing the order.
Article 1 – Definitions
The terms identified with a capital letter in these General Terms and Conditions of Sale have the meanings indicated below (whether used in singular or plural):
General Terms and Conditions of Sale: This document, defining the terms and conditions governing the relationship between TomTect and the CLIENT.Order: Refers to the CLIENT’s purchase request for one or more Products or Services made via the tomtect.com website or through Customer Service.Website: Refers to the website accessible at tomtect.com.Product: A product or service offered for sale on the tomtect.com website.CLIENT: A natural or legal person, acting as a consumer, who uses the tomtect.com website and purchases one or more Products for personal use, after accepting the General Terms and Conditions of Sale.
Article 2 – Purpose
These Terms aim to define the contractual relationship between TomTect and the CLIENT and the applicable conditions to any purchase made via the tomtect.com website.
By accepting these Terms and Conditions, you declare that you have reached the age of majority in your country, state, or province of residence, and that you give consent for any minor dependent to use this online store.
Any illegal or unauthorized use of our products is strictly prohibited.
TomTect reserves the right to modify these Terms and Conditions at any time to comply with new regulations or improve website usability. The applicable conditions are those in force on the order date.
Article 3 – Prices
The product prices shown on the online catalog are in Euros (€) including all taxes (VAT included), based on the VAT rate applicable on the order date. Any change in VAT may affect product prices.
TomTect reserves the right to change prices at any time, but the price applied to the CLIENT will be the one shown on the website at the time of the order.
Products remain the property of tomtect.com until full payment is received.
Promotional products will be marked with a "PROMOTION" label or a strikethrough price. Promotions are valid while stocks last and during the promotional display period.
For CLIENTS outside mainland France, VAT is charged in accordance with applicable law for most EU countries.
For CLIENTS outside the EU and French overseas territories, orders are exempt from VAT but may be subject to local and customs duties, which are the CLIENT’s responsibility.
Warning: Any false information provided by the CLIENT to evade VAT may result in civil penalties or criminal prosecution.
Product prices listed on tomtect.com do not include handling and shipping costs, which are charged separately based on the order total.
Article 4 – Order
Contractual information is provided in French and will be confirmed no later than upon delivery.
TomTect reserves the right to cancel or reject any order from a CLIENT with whom there is an unresolved payment dispute for a previous order.
To order from tomtect.com, the CLIENT must create an account and provide accurate personal information.
Any false or defamatory information may result in account closure and cancellation of the order.
The account creation section is accessible from the main menu. To place or review orders, the CLIENT must log in with their credentials.
Article 5 – Payment
The price of Products and any applicable shipping/handling fees must be paid in full at the time of order.
TomTect.com may offer the following payment options:
Credit card: After selecting this option, the CLIENT is redirected to a secure payment interface to enter card details. If accepted, the order is confirmed and the contract finalized. Payment is non-reversible.Bank transfer: After confirming the order, the CLIENT receives instructions to make a transfer to KAPLA's bank account. The order will be processed after payment is received.Check: After validating the order, the CLIENT must print the order summary and send it with a check payable to KAPLA to the following address:KAPLA 98, Avenue de la Garonne 33440 Saint-Louis-de-Montferrand France
Checks must be issued by a bank based in mainland France or Monaco. Products will be shipped approximately 10 days after check clearance.
Article 6 – Right of Withdrawal
In accordance with Article L121-21 of the French Consumer Code, the CLIENT has 14 business days from the date of receipt to return products for exchange or refund without penalties.
Products must be returned in original packaging, unused, and with the signed delivery note. Return shipping costs are borne by the CLIENT.
Article 7 – Delivery
Products will be delivered after payment to the address specified by the CLIENT.
An email will confirm shipment. Multiple delivery options are available.
Shipping fees are based on the delivery method, parcel weight, and destination.
Delivery times are estimates. If delivery exceeds 30 days, the contract may be terminated and the CLIENT refunded.
Article 8 – Warranty
All products sold by TomTect on tomtect.com are covered by the legal warranty under Articles 1641 and following of the French Civil Code.
In the event of a non-conforming product, it may be returned to TomTect for exchange or refund. Claims must be made within 30 days of delivery to:
TomTect [Address]
Article 9 – Liability
TomTect is only responsible on a best-effort basis during site access, ordering, delivery, and customer service.
TomTect is not liable for issues inherent to internet use (data loss, viruses, service disruptions) or force majeure events.
Computer records stored in TomTect’s information systems are considered proof of communications, orders, and payments.
Article 10 – Security
Tomtect.com uses SSL encryption and enhanced security measures to protect sensitive payment data.
Article 11 – Intellectual Property
All content on tomtect.com (texts, illustrations, images, etc.) is protected by copyright and intellectual property laws worldwide.
Any full or partial reproduction of the site, in any form (photo, logo, visual, or text), is strictly prohibited.
Article 12 – Personal Data
All personal data submitted via tomtect.com is used for order processing.
Under French Law No. 78-17 of January 6, 1978, you have the right to access, modify, or delete your data, including online.
Article 13 – Consumer Dispute Mediation
In accordance with the Consumer Code, the CLIENT may access TomTect’s free mediation service.
Per Article L612-2 of the Consumer Code, mediation is available only after the CLIENT has first attempted to resolve the issue through TomTect's customer service (see Article 16).
The European Commission also provides an online dispute resolution platform.
Article 14 – Force Majeure
TomTect’s obligations, including delivery, will be suspended in the event of force majeure (e.g., war, riot, strike).
TomTect will notify CLIENTS of such events within 7 days. If the suspension lasts over 15 days, the CLIENT may cancel the order and receive a full refund.
Article 15 – Governing Law and Jurisdiction
These Terms are governed by French law. Only the French version of the Terms is legally binding.
In case of dispute, the CLIENT may first seek amicable resolution (e.g., through a consumer association).
Article 16 – Customer Service
For any information or question regarding an order, contact:
Phone: +33 5 56 77 45 34
Email: kaplafr@kapla.com
Address:
KAPLA
98, Avenue de la Garonne
33440, Saint-Louis-de-Montferrand France