General conditions of sale and use

General conditions of sale and use

Preamble
These general conditions of sale (hereinafter the "GTC") are applicable to the online sales website www.flyingcloudswim.com (hereinafter the FlYINGCLOUD online store) offering bath items and accessories of the FLYINGCLOUD brand (hereinafter the "Products") for sale to France, New Caledonia, Europe, from the United States of America, Australia, New Zealand, French Polynesia and Hawaii.

Any order on the FLYINGCLOUD online store constitutes full and complete acceptance of these T & Cs by the customer who makes a purchase there (hereinafter the “Customer”). These T & Cs may be subject to change at any time, the applicable T & Cs being those that the Customer accepts when placing his order.

1-1 FLYINGCLOUD

The site "www .flyingcloudswim.com ”(hereinafter the“ Site ”) presenting the FLYINGCLOUD Online Store, is published by Rereata Polynesian Treasures, whose head office is located in Punaauia PK18,200 sea side, Tahiti, French Polynesia. It is registered under number TAHITI 578070. The director of the publication is Ms. Rereata Martin Ewart. The Site host can be contacted by phone at the following number : +1 855-816-3857 .

The FLYINGCLOUD online store allows REREATA POLYNESIAN TREASURES to offer the sale of Products to non-professional Customers having the status of consumer, over 18 years of age and having full legal capacity. Retail sales are for strictly personal use.

1.2 FLYINGCLOUD Online Store Customer Service:

For any questions regarding your order, FLYINGCLOUD provides the Customer with a Online Customer Service which can be reached: Monday to Friday from 8 a.m. to 6 p.m. and Saturday from 9 a.m. to 5 p.m., Tahiti, French Polynesia hours at the following number: +689 89 77 50 60 (cost of an international call if outside French Polynesia).

1.3 The Products

The Products offered for sale on the FLYINGCLOUD online store are described and presented with the greatest possible precision.

The Customer is invited to refer to the description of each Product, available by clicking on the Product Description and Details sheets, in order to know its properties and particularities, in particular as regards the characteristics sought, the choice and the purchase of a Product. being placed under his sole responsibility.

1.4 The Pri x

The prices applied are those appearing on the FLYINGCLOUD online store at the time of the order. The Customer is informed that the prices are subject to change. Therefore, in the event that the Customer has created a customer account, the prices displayed in the "My account / My orders" section on the order summary page correspond to the prices paid by the Customer at the time of their orders. previous orders. The functionality allowing the Customer, from this page, to order a product again is therefore likely to offer this same product for sale at a price different from the price paid on the day of the previous order. The Customer is therefore invited to pay attention to the price in effect at the time of the order and which is brought to his attention when the product is placed in the shopping basket. The prices will be displayed in Euro (€) including tax, and take into account the delivery costs of the order (hereinafter the “Delivery Costs”).

Ordering
2.1 The Order Process < br>
The Customer is invited to select the chosen Products and put them in the shopping cart by clicking on the "Add to cart" button. At any time, the Customer can proceed to any deletion of the Products on the viewing page of his shopping cart, by going either to the "Shopping cart" icon available on all pages of the FLYINGCLOUD online store. top right.

The Customer is invited to consult the summary of his order by clicking on the basket icon. At this stage, he can check the details of his order, identify any errors made in entering data and correct them.

After validating the basket by clicking on the "Finish my purchases" button, the Customer has to choose between 3 options:

Order without creating a customer account.

Identify with your user name and password to order using your customer account.

Ordering by creating a customer account FLYINGCLOUD cannot be held responsible for the inaccuracy of the information provided by the Customer. Since the creation of the customer account is linked to the placing of an order, registration is reserved only for persons with a delivery address in the Territory. The customer account will provide access to a personal space allowing in particular the tracking of orders and access to invoices. To finalize his order, the Customer:

must confirm his delivery and invoicing address, or indicate a new delivery address for the Territory and / or invoicing.
must read these GTC and explicitly accept them by checking the box "I have read and I accept the General Conditions of Sale" before proceeding to the payment of his order.
is then invited to pay the amount of his order by clicking on the button " Proceed to payment ”giving access to secure payment for his order.
Once payment has been confirmed, the Customer receives, immediately and at the latest before delivery, an email confirming his order.

The Customer formally accepts the use of electronic mail for confirmation by FLYINGCLOUD of the content of the order.

2.2 Availability of Products

Product offers are subject to the limit of stocks available. Information on the availability of Products is provided at the time of ordering, on the Product page. The Customer then has the option of requesting to be informed of the future availability of the Product (s) by e-mail. If it turns out that despite the vigilance of FLYINGCLOUD, the Products ordered are no longer available, FLYINGCLOUD will inform the Customer by any means (telephone call or e-mail) as soon as possible.

After-Sales Service
No complaint will be taken into account and no exchange of Products ordered on the FLYINGCLOUD Online Store can be made at a point of sale where Products bearing the FLYINGCLOUD brand are sold.

Limitation of liability
FLYINGCLOUD cannot be held responsible for the non-performance of one of its obligations if the poor performance of the contract results either from a case of force majeure, or from the very fact of the Customer or or due to the unforeseeable and insurmountable fact of a third party to the contract.

Legal guarantees
5.1. Non-conformity and hidden defects

FLYINGCLOUD is bound by the legal guarantee of conformity and that relating to the defects of the thing sold (1).

The Customer is invited to check the conformity of Products received in execution of his order and, in the event of a defect, to contact the Customer Service of the FLYINGCLOUD online store who will take care of it by indicating the terms of return and replacement or reimbursement.

FLYINGCLOUD will replace or repair the returned Product after receipt and examination of the Product in question.

The Customer:

- when repair is possible, may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;

The legal guarantee of conformity applies regardless of any commercial guarantee granted .

The Client may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code ».

(1) Article L211-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.

Article L211-5 of the Consumer Code: To comply with the contract, the good must:

1º Be suitable for the use usually expected of a similar good and, where applicable:

- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or present the characteristics defined by mutual agreement by the parties or be clean for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost with regard to the other modality, taking into account the value of the good or of the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years to from the delivery of the good.

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.

Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice to return the item and have the price returned, or to keep the item and have part of the price returned.

Article 1648 paragraph 1 of Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

5.2 Exclusion of warranty

If the Products returned by the Customer do not correspond to the Products ordered and have an origin other than the FLYINGCLOUD online store, FLYINGCLOUD will not be bound by its obligations described in articles 8.1 and 8.2 above. < br>
Personal data
In accordance with law 78-17 of 6 January 1978 relating to computers, files and freedoms, the Customer has a right of access to personal data concerning him .

Applicable law / disputes
These GTC are subject to French law, to the exclusion of its provisions which would refer to the application of a foreign law.

In the event of dispute relating to the FLYINGCLOUD online store, an amicable solution will be sought.

In the event of a complaint not resolved amicably, the Customer may refer the matter to the court of Papeete.