General terms and conditions of sale
Between TAC LIFE SYSTEMS, a simplified joint stock company with capital of €10,000, whose registered office is located at 4, impasse de la Poëlade in COURNON D'AUVERGNE (63 800), registered with the CLERMONT-FERRAND Trade and Companies Register under no. 902 722 701, hereinafter referred to as the Vendor,
The company can be reached at the following address: E-mail: email@example.com
Telephone number: +33 973 8929 41
And the individual or legal entity purchasing the company's products, hereinafter referred to as the customer or purchaser, has been informed of and agrees to the following.
ARTICLE 1 - DEFINITIONS
The terms and expressions referred to hereinafter mean, when preceded by a capital letter, for the purposes of the interpretation and performance hereof:
Consumer Buyer: means any natural person acting for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity, who is a co-contractor of the Vendor.
Professional Buyer: refers to any individual or legal entity acting for purposes that fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, and who is a co-contractor of the Vendor.
ARTICLE 2 - SCOPE OF APPLICATION
The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Vendor.
These General Terms and Conditions of Sale apply to all sales concluded exclusively via the www.mode-tactique.fr website. The list and description of goods offered by TAC LIFE SYSTEMS can be consulted on the aforementioned site. They can be accessed at any time on the website.
ARTICLE 3 - GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTCS) form an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who has accepted them before placing an order.
The Vendor reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or first payment in the case of multiple payments) of the order. These terms and conditions can be viewed on the TAC LIFE SYSTEMS website at the following address: General Terms and Conditions of Sale
The Company also ensures that acceptance is clear and unreserved by setting up a checkbox and a validation click before finalizing the purchase(s). The Customer declares that he/she has read the present General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product, and accepts them without restriction or reservation.
The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs.
The Customer declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract.
The information provided by the purchaser is binding; in the event of an error in the recipient's contact details, TAC LIFE SYSTEMS cannot be held responsible for the impossibility of delivery. In the absence of proof to the contrary, the information recorded by TAC LIFE SYSTEMS constitutes proof of all transactions. TAC LIFE SYSTEMS reserves the right to refuse any order from a customer with whom there is a dispute.
ARTICLE 4 - CONCLUSION OF ONLINE CONTRACT
By confirming at the time of payment, you confirm your order and declare that you accept these general terms and conditions of sale in full and without reservation, as well as the prices and descriptions of the products.
In accordance with the provisions of article 1127-1 of the French Civil Code, the Customer must follow a series of steps in order to conclude the contract by electronic means: Information on the essential characteristics of the Product; Choice of the Product and, where applicable, its options - Indication of the Customer's essential contact details (identification, email, address, etc.); Acceptance of these General Terms and Conditions of Sale; Verification of the elements of the order and, where applicable, correction of any errors. Before confirming the order, the Buyer may check the details of the order and its price, and correct any errors, or cancel the order. Confirmation of the order will constitute formation of the present contract.
Payment instructions will then follow, followed by payment for the products and delivery of the order. The customer will receive confirmation of payment by e-mail.
The sale will be considered final :
- after the Vendor has sent the Buyer confirmation of acceptance of the order by e-mail ;
- and after receipt by the Vendor of the full price.
During the ordering process, the customer will have the opportunity to identify and correct any errors made in entering his or her data. The language proposed for the conclusion of the contract is French.
Where applicable, the professional and commercial rules to which the author of the offer intends to abide may be consulted in the "annexed rules" section of these General Terms and Conditions of Sale, which may be consulted on the Vendor's website at the following address: General Sales Conditions.
Computerized registers, kept in the Seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.
For delivered products, delivery will be made to the address indicated by the Customer. In order for the order to be processed correctly, the Customer undertakes to provide truthful identification details. The Vendor reserves the right to refuse the order, for example in the case of any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 - ELECTRONIC SIGNATURE
The on-line provision of the Purchaser's credit card number or Paypal details and the final validation of the order shall constitute proof of the Purchaser's agreement:
- Payability of sums due under the purchase order,
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card or Paypal account, the Buyer is invited to contact the Vendor as soon as this is discovered.
ARTICLE 6 - PRODUCTS
The essential characteristics of the goods and their respective prices are made available to the purchaser on the TAC LIFE SYSTEMS website www.mode-tactique.fr. In accordance with article L112-1 of the French Consumer Code, the consumer is informed, by marking, labelling, display or any other appropriate process, of the prices and specific conditions of sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page.
The sale price of the product is that in force on the day the order is placed, and does not include shipping costs, which are invoiced in addition. These costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Vendor reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When products or services are not immediately available, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies that he/she has received details of delivery charges, payment, delivery and contract performance terms, as well as detailed information concerning the identity of the Seller, its postal, telephone and electronic contact details, and its activities in the context of the present sale.
The Vendor undertakes to honour the Customer's order within the limits of available stocks of Products only. In the event of failure to do so, the Vendor will inform the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Vendor will reimburse the Customer.
Contractual information is presented in detail and in the French language. The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the Products and their prices is specified on the TAC LIFE SYSTEMS website. Except in the case of special conditions, the rights granted under these GCS apply solely to the natural person who signs the order (or the person who holds the e-mail address provided).
ARTICLE 7 - WARRANTY
The Consumer Customer benefits from the legal guarantee of conformity (articles L. 217-4 to L. 217-12 of the French Consumer Code) and the legal guarantee relating to defects in the item sold (articles 1641 to 1648 and 2232 of the French Civil Code).
WARRANTY OF CONFORMITY
Article L. 217-4 of the French Consumer Code:
The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility.
Article L. 217-5 of the French Consumer Code:
The good conforms to the contract:
1º If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2º Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 217-12 of the French Consumer Code:
Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Article L. 217-16 of the French Consumer Code:
When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the date of the buyer's request for intervention, or from the date the item in question is made available for repair, if the item is made available after the request for intervention.
WARRANTY AGAINST HIDDEN DEFECTS
Article 1641 of the French Civil Code:
The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
ARTICLE 8 - DELIVERY
Products are delivered to the delivery address indicated at the time of order and within the times indicated. Average delivery times are 48 to 72 hours if the customer chooses the Colissimo carrier and 5 working days if the customer chooses the Mondial Relay carrier. These times apply after receipt of payment and correspond to processing and delivery times for products destined for mainland France. They do not constitute firm deadlines, and do not take into account the time required to prepare the order; when the customer orders several products at the same time, these may have different delivery times, delivered by the following methods: Colissimo, Mondial Relay, in-store collection; in the event of late delivery, the customer may cancel the contract in accordance with the terms and conditions set out in Article L138-2 of the French Consumer Code. The Vendor will then reimburse the product and the "outward" costs in accordance with Article L 138-3 of the French Consumer Code.
TAC LIFE SYSTEMS cannot be held responsible for delays in delivery due to carriers or force majeure.
In the event of stock-outs or orders for products not in stock, delivery times will no longer apply and will depend on supplier availability.
Delivery is free for orders over 50 Euros. For all other delivery locations, costs and delivery times will be given on request. Shipments are made during store opening hours (Tuesday to Saturday noon) or on public holidays.
The Vendor provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email, to ensure order follow-up.
ARTICLE 9 - AVAILABILITY
Products are offered subject to availability. Products not in stock are offered for sale to order, subject to availability from suppliers.
If an item is unavailable for more than 30 working days, you will be informed immediately of the expected delivery times and the order for this item may be cancelled on request. The customer may then request a credit note for the amount of the article, or a full refund and cancellation of the order.
ARTICLE 10 - PRICES
The prices of products sold through the www.mode-tacique.fr website are indicated in Euros, exclusive of tax, and are precisely determined on the product description pages. They are also indicated in euros including all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs.
For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Vendor. They are the responsibility of the purchaser (declarations, payment to the competent authorities, etc.).
In this respect, the Seller invites the purchaser to obtain information on these aspects from the relevant local authorities. TAC LIFE SYSTEMS reserves the right to modify its prices at any time in the future. Telecommunication costs for access to the TAC LIFE SYSTEMS website are to be borne by the customer. Delivery charges may also apply.
ARTICLE 11 - PAYMENT
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or PayPal.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted and cannot be read during transport over the HTTPS / SSL and/or PayPal network. Once payment has been initiated by the customer, the transaction is immediately debited after the information has been verified.
In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorizes the Vendor to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled and the order cancelled.
ARTICLE 12 - RIGHT OF WITHDRAWAL
12.1 Consumer Buyer's right of withdrawal
In accordance with the provisions of article L 221-5 of the French Consumer Code, the Consumer Buyer has the right to retract without giving any reason, within a period of fourteen (14) days from the date of receipt of his/her order.
The right of withdrawal may be exercised by contacting the Company as follows:
TAC LIFE SYSTEMS
4, impasse de la Poëlade
63800 COURNON D'AUVERGNE
Tel: +33 973.892.941
Products must be returned in perfect condition for resale, in their original state (packaging, accessories, instructions, etc.), duly sealed and accompanied by a copy of the delivery note or invoice. Please also specify whether you are requesting a refund or an exchange. We inform customers that, in accordance with the provisions of articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for items ordered off-catalogue and consumables such as batteries, beads, gas cartridges, CO2 cartridges, paint cans, tourniquets, sterile packaged medical equipment, glow sticks, and ready-made products (name bands and name items, specialist badges, shoulder straps).
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and shipping costs will be reimbursed.
at the customer's expense. The purchaser must give prior notice of his intention to return the goods, either by e-mail or by post, to Customer Services. Products must be returned in their state of
They must be accompanied by a copy of the purchase receipt. In accordance with legal provisions, you will find below a sample cancellation form to be sent to us.
Sample withdrawal form
For the attention of MODE TACTIQUE, 15 Av. du Roussillon à AUBIERE (63 170) ; Tel: 09.73.89.29.41 ; E-mail : firstname.lastname@example.org:
Mme / M. ........................... (*)
Hereby notifies you of my wish to withdraw from the contract for the sale of the following item:
Ordered on ...........................
Received on:...................................Name of consumer(s):...............................................................
Address of consumer(s) :
Signature of consumer(s) (only in the case of notification of this form on paper) :
(*) Delete as appropriate.
In the event of a refund request, in accordance with articles L121-20-1 to L121-20-7 of the French Consumer Code, there is a maximum period of 30 days from the date of return of the products to refund the customer.
In the event that a product is returned to us in open, damaged or used packaging, TAC LIFE SYSTEMS will only be able to resell the item as a second-hand item, and will therefore apply a discount of fifty percent of the purchase value.
12.2 Professional buyers
As the Professional Buyer is a professional purchasing within the framework and for the needs of his or her profession, there is no need to apply the right of withdrawal provided for in the French Consumer Code.
ARTICLE 13 - PROPERTY
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods or elements of the website for any reason whatsoever is strictly forbidden and will incur liability for counterfeiting.
ARTICLE 14 - LIABILITY
THE SELLER SHALL NOT BE HELD LIABLE FOR ANY DAMAGE OF ANY KIND, WHETHER MATERIAL, IMMATERIAL OR PHYSICAL, WHICH MAY RESULT FROM THE IMPROPER USE OF THE PRODUCTS SOLD.
Sales of Police, Municipal Police, Gendarmerie or Customs items are strictly reserved for the personnel of these institutions on presentation of a professional card; TAC LIFE SYSTEMS cannot, under any circumstances, be held responsible for the illicit or fraudulent use of these items.
TAC LIFE SYSTEMS cannot be held responsible for non-performance of the contract in the event of stock shortage or unavailability of the product and force majeure. Force majeure includes all cases recognized by jurisprudence and any malfunction of the Internet network, disruption or total or partial strike particularly of postal services and means of transport and / or communications, flood, fire, power failure, etc. ...
The photographs and texts reproduced and illustrating the products presented are not contractual. TAC LIFE SYSTEMS cannot be held responsible for any errors in any of these photographs or texts.
ARTICLE 15 - PERSONAL DATA
This section illustrates the Vendor's commitment to the respect of privacy and the protection of the customer's personal data, collected and processed during the supply of products.
By requesting the Vendor's services, the Customer accepts that his/her data will be collected and processed in accordance with the terms and conditions set out below.
This policy forms an integral part of these General Terms and Conditions and may be modified at any time, in particular in order to comply with any legislative, regulatory, case law, editorial or technical developments.
Identity of the data controller
The company responsible for processing customer data is TAC LIFE SYSTEMS, a simplified joint stock company with capital of €10,000, whose registered office is located at 4, impasse de la Poëlade in COURNON D'AUVERGNE (63 800), registered in the CLERMONT-FERRAND Trade and Companies Register under no. 902 722 701.
15.1 DATA PROTECTION
15.1.1 "Personal Data", is defined as any information relating to an identified or identifiable natural person, with the meaning given in the European Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the "GDPR").
"Processing" is defined as any operation or set of operations performed or not performed using automated processes and applied to personal data or sets of personal data, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, communication by transmission, dissemination or otherwise making available, alignment or interconnection, limitation, erasure or destruction.
15.1.2 The data controller will comply with all applicable laws and regulations relating to the protection of personal data, as amended from time to time, such as the EU Regulation 2016/679 on the protection of personal data ("RGPD"), the law n°78-relative à l'informatique aux fichiers et aux libertés taken in its application as amended, and any new national law adopted. The data controller undertakes, if necessary, to fulfil its obligations to carry out formalities concerning its data processing with the relevant supervisory authority and, in addition, to take any other measures requested by the Customer in order to enable the Customer to comply with any notification or other obligation applicable to the Customer or its subsidiaries and/or parent companies, under these laws and regulations. The Parties agree to keep a record of the processing activities under their respective responsibility, in accordance with the terms of the GDPR.
15.1.3 The Controller shall comply with all applicable laws, as amended from time to time, with respect to the processing of personal data, including the following provisions:
(a) ensure that personal data collected by the data controller is processed exclusively in accordance with the agreed services
(b) The data controller will use personal data strictly necessary to fulfill its obligations in connection with the supply of its products and not for any other purpose, thus excluding any processing or use of personal data for its own purposes as well as the transfer of personal data to any third party unless expressly authorized by the Customer,
(c) if the controller subcontracts its obligations under the orders, it may only do so by means of a written agreement with the subcontractor which imposes on the latter the same obligations as those imposed on the controller under this processing policy,
(d) ensure that personal data is neither disclosed nor transferred to a third party without the Customer's prior consent, except:
(i) as specifically provided for, or
(ii) if such disclosure or transfer is required by law or by decision of a supervisory authority, in which case the data controller shall, as far as possible :
- promptly notify the Customer in writing before complying with any such request for disclosure or transfer, and
- comply with any reasonable instructions from the Customer regarding such disclosure or transfer,
(e) implement and maintain commercially reasonable technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, destruction, damage, corruption or accidental modification, unauthorized disclosure or access and against any other unlawful form of data processing.
15.1.4 The data controller undertakes to ensure that it, and any subcontractor engaged by it, :
(a) informs the Customer without delay in the event that it is unable to comply with this processing policy or any of its terms,
(b) obtains assurances from all its employees, agents and subcontractors that they are fully informed and comply with the obligations to which the data controller is subject,
(c) immediately informs the Customer of :
1. any legally binding request for disclosure of personal data by an authority, unless otherwise provided by law,
2. any request received for personal data directly from the data subject, and
3. any complaint, communication or request relating to the Customer's obligations under applicable law (including requests from a competent supervisory authority),
(d) implements appropriate mechanisms to ensure that personal data can be accessed, corrected, restricted, deleted and blocked, as well as to ensure the portability of personal data, following legal requirements, at the request of a supervisory authority or on the instructions of the data subject,
(e) ensures that employees, agents and subcontractors who may be required by the data controller to assist in the performance of obligations imposed by the Customer will have access to personal data and will be subject to confidentiality and data security obligations,
(f) takes all reasonable steps to ensure the reliability of its employees and the personnel of subcontractors who will have access to personal data,
(g) notify the Customer of any unauthorized or unlawful processing, including any processing in breach of the provisions of this Processing Policy, or any accidental loss, destruction, damage, modification or disclosure of personal data as soon as it becomes aware of it, but no later than 36 hours after the event occurs, and keep the Customer informed of any related developments,
(h) take reasonable steps to return, store, destroy or permanently deactivate personal data when it is no longer necessary to retain it, in accordance with any instructions from the Customer that are reasonable and in accordance with the law.
15.1. 5 At the Customer's request, to enable it to comply with any applicable data privacy or data protection law, the data controller will execute the version of a model clause derived from a decision of the European Commission on the basis of Article 26 (4) of Directive 95/46/EC and Article 46 of the RGPD, to offer sufficient data protection guarantees (in accordance with Article 26 (2) of the said Directive and Article 46 of the RGPD), in relation to any transfer of personal data within the European Economic Area ("EEA").
15.3 CUSTOMER RIGHTS
Articles 14 to 22 of Regulation 2016/669 of April 26, 2016 grant the Customer the following rights:
• A right of access to data,
• A right to rectify data,
• A right of opposition to the collection and processing of data,
• A right to the erasure of his data,
• A right to limitation in the collection and processing of its data,
• A right to data portability.
The Customer also has the right to communicate directives relating to the storage, erasure and communication of his data after his death.
The Customer may exercise his rights by sending a request by email to this effect to the address email@example.com or by post to the following address: 4, impasse de la Poëlade in COURNON D'AUVERGNE (63 800)
The data controller reserves the right to verify the Customer's identity.
In the absence of a response or if the Customer is not satisfied with the response provided, he has the possibility of lodging a complaint with the CNIL whose contact details appear at the following address: https://www.cnil .Fr.
ARTICLE 16 – FORCE MAJEURE
The performance of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible and if possible.
ARTICLE 17 – NULLITY
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties.
ARTICLE 18 - APPLICABLE LAW POSSIBLE DISPUTES
The buyer may submit any complaint by contacting the company” using the following contact details:
4, impasse de la Poëlade
63800 AUVERGNE COURNON
Phone: +33 973 892 941
The applicable law is that of French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.
In the event that a dispute arises from this contractual relationship, the parties undertake to seek an amicable solution before any legal action.
For any dispute with a Professional Customer who has not found an amicable solution, only the Clermont-Ferrand commercial court will have jurisdiction.