GENERAL CONDITIONS OF SALE AND USE RESERVED FOR INDIVIDUALS (2024)

1. LEGAL INFORMATION

Name: SAS TIJUCA

Head office: 54, Cours Anatole France, 33000 Bordeaux, France

SIRET No.: 87786139300016

Legal representative: Céline Biais

2. APPLICATION OF THE GENERAL CONDITIONS OF SALE

These conditions are taken in application of article L121-16 of the Consumer Code.

They govern the sale of products by SAS TIJUCA to individuals without the intermediary of wholesale or retail professionals.

They apply, in particular, to sales by SAS TIJUCA on its online store (The Site) or any other online sales platform or e-commerce site listing SAS TIJUCA products. They are automatically made available to the customer on the home page of the website ​www.tijuca.fr​, accessible directly or by electronic link from a remote site.

Consequently, placing an order implies the customer's full and unreserved acceptance of these General Conditions of Sale, to the exclusion of all other documents such as prospectuses, catalogues issued by the seller and which have only an indicative value.

The fact that the seller does not assert at any given time any of the provisions hereof cannot be interpreted as constituting a waiver of the right to assert any of the said conditions at a later date.

SAS TIJUCA offers are exclusively reserved for private customers, excluding professional resellers.

3. ORDER

The order assumes prior knowledge by the customer of these conditions, the price and the essential characteristics of the product selected on the sales site.

The customer undertakes to communicate to SAS TIJUCA the requested information, necessary for the proper execution of the order, its payment and delivery.

By clicking on “validate” the customer accepts the order and agrees to pay the amount.

Subject to the right of withdrawal provided for in Article 11, any order is considered firm and final only when the payment centers concerned have given their agreement and upon receipt of payment of the full price including tax, including shipping costs. In the event of refusal by said centers, the order is automatically cancelled.

The customer is notified of confirmation of their order by receiving an email summarizing the information recorded on this occasion.

The information provided by the customer when placing the order is binding on the customer: in the event of an error by the customer in the wording of the data entered, the customer remains responsible for the payment of the lost products and no compensation or reimbursement may be made.

In accordance with the ban on the sale of alcoholic beverages to minors (under 18 in France), TIJUCA may require proof of majority from the buyer at the time of online ordering (PUBLIC HEALTH CODE, ART. L. 3342-1).

4. PROOF OF FORMATION OF THE CONTRACT

The Site's automatic recording systems are considered to constitute proof of the nature, content and date of the customer's order, confirmation of receipt of the order by SAS TIJUCA, and any email exchanged between SAS TIJUCA and the customer.

Information relating to any operation carried out using the identifier will be stored and archived by SAS TIJUCA and will serve as proof in the event of a dispute with the customer in accordance with the law of 13 March 2000 on electronic signatures and proof. They will have probative force in the event of a dispute between the parties and will be kept by SAS TIJUCA for the entire period necessary in accordance with the legal rules of limitation.

For purchases made outside the Site, proof of the formation of the contract is provided by the issue of the invoice.

5. PRICE

Prices are indicated in Euros (€) including VAT and excluding shipping costs. Prices take into account VAT at the applicable rate and excise duties as well as the social security contribution in force at the time of the order. Any change in tax or customs regulations affecting the price of the products will be reflected in the sales prices from its date of application, including for orders already registered.

All bank payments are made in Euros (€).

6. AVAILABILITY OF PRODUCTS

Our products on the site are deemed to be available.

SAS TIJUCA does not guarantee the permanent availability of products and in the event of a stock shortage resulting in an inability to deliver a product, the payment made for the purchase of the latter will be refunded to the customer within 10 working days.

7. SHIPPING COSTS

Shipping costs vary based on delivery location, weight and number of items. They do not vary based on order value.

Shipping costs are calculated based on the pricing of courier services and the conditions of movement of goods.

8. DELIVERY METHOD AND TIMES

Delivery is made by courier service to the address indicated by the customer when ordering (or by notice of availability in the absence of the recipient).

Delivery times vary depending on the delivery location. They run from receipt of payment or bank authorization in the case of delivery with prior payment (online bank card):

• Metropolitan France and Corsica: D + 3 working days
• European Union: D + 10 Days
• Other destinations: D + 15 days

In any event, delivery must take place within a maximum period of thirty (30) days from the transmission of the order. If delivery cannot be ensured within this period, the customer will be informed as soon as possible and may cancel his order. He may then request the exchange of the product or its reimbursement.

TIJUCA only issues a delivery note (BL) to accompany the delivery at the express request of the customer.

9. METHOD OF PAYMENT

The price of the items ordered is payable in full upon issue of the invoice on the site, according to the following payment method:

• By credit card (secure online payment)

Any other payment: bank or postal transfer, must first be requested by e-mail: contact@tijuca.fr ​​and receive the prior agreement of SAS TIJUCA.

The amount of orders paid by credit card is collected on the day of the order.

For orders placed outside the Site, payment can be made using the following payment methods: Bank transfer, Bill of Exchange Statement (LCR) and bank check. In the interest of efficiency in payment transactions, TIJUCA is generalizing the use of the “LCR NOT ACCEPTED” and considers that for customers who have requested it, their agreement is tacit. However, an acceptance form is available to customers who would like to formalize in writing their agreement to payment by LCR.

10. BILLING

The invoice shows the value of specific taxes and duties, VAT and shipping costs including tax.

For purchases on the Site, a detailed invoice is sent by email after validation of the order.

For purchases made outside the Site, the invoice for the first order is payable in cash before shipment. In accordance with Article L441-11 of the French Commercial Code, subsequent invoices are payable 30 days from the end of the month of delivery from the delivery date.

Invoices are issued in Euros.

11. REGULATIONS

Payment is deemed to have been made at the time when the funds are actually available to TIJUCA in its bank accounts.

Payments may not be subject to any deduction, reduction or compensation by the Customer without the prior written agreement of TIJUCA. In the event of late or non-payment by the Customer, in whole or in part, TIJUCA may, by express agreement and without prior notice: – Immediately demand all debts that TIJUCA holds against the customer in respect of all orders, regardless of their nature, date or payment due date, – Suspend and/or cancel any current delivery or current or future order, – In accordance with Article L. 441-10 of the French Commercial Code, apply late payment penalties at the interest rate of the European Central Bank (“at its most recent refinancing operation”) increased by 10 points,

on the total amount including all taxes of the invoice, and this from the day following the agreed due date, – Demand payment of the statutory fixed compensation for recovery costs (Decree No. 2012-1115 of October 2, 2012) and reimbursement of all costs, of whatever nature, incurred by debt recovery operations, – Demand the granting of specific guarantees (independent guarantee, bank surety, etc.) prior to any resumption of activity with the Client.

12. TRANSPORT AND RESPONSIBILITY

The goods travel at the customer's expense and risk.

The transfer of risks will take place upon receipt of delivery by the Customer at the agreed place, who will assume sole responsibility, from this date, for all damage that the products may suffer or cause.

The customer must check the condition of the products upon arrival and ensure that they are in all respects compliant with his order. In the event of missing, lost or damaged items, the customer must make all reservations with the responsible carrier, specifying, on the delivery note, the nature and extent of the damage.

In order to allow SAS TIJUCA to exercise its recourse against the carrier, the customer will confirm, on the same day of delivery, in writing (letter or email) to SAS TIJUCA, the reservations that it has made with the carrier.

In the event of an apparent defect in the products delivered, the customer has a period of forty-eight (48) hours from receipt of the products to file a written complaint (by letter or email) with the Customer Relations Department, accompanied by a photograph clearly showing the damage. After this period, the products delivered will be deemed free from all apparent defects.

SAS TIJUCA cannot be held responsible for losses, damages or failures to deliver an order resulting from a case of force majeure such as those usually recognized by French case law.

13. RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L. 121-20 of the Consumer Code, the customer has a withdrawal period of fourteen working days from the day of receipt of the products ordered to return them without penalty to SAS TIJUCA, at the following address: Customer Relations Service – 54, Cours Anatole France, 33000 Bordeaux, France.

The customer must inform SAS TIJUCA, within fourteen working days, of his decision to withdraw by any written means (mail, email). If the period of seven (7) days normally expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

Only products that have been returned by the customer no later than fourteen days following the communication of his decision to withdraw, with the original invoice and in their original packaging and on condition that they are suitable for resale, will be accepted. The products must not have been opened or started.

In the event of exercising the right of withdrawal, SAS TIJUCA will reimburse the sums paid, with the exception of return costs, by bank transfer or check, within a maximum of seven days following receipt of the returned products.

14. RETURN OF THE PRODUCT

In all cases, SAS TIJUCA will only bear the return costs (at the basic rate in force) if one of the following two conditions is met: the delivery proves not to comply with the order, or the customer has made reservations with the carrier (See article 10: transport and liability).

Products damaged after delivery will not be accepted.

SAS TIJUCA will refund or replace at its own expense any non-compliant or defective products.

15. RETENTION OF TITLE

Until full and effective payment of the price, SAS TIJUCA remains the owner of the goods sold. Full payment will constitute transfer of ownership, however the customer becomes responsible for the items upon delivery, the transfer of possession constituting transfer of risks.

16. WARRANTY OF CONFORMITY

In accordance with Article L. 211-4 of the Consumer Code, SAS TIJUCA is bound by the legal guarantee of conformity. The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. The seller is also bound by the legal guarantee of hidden defects affecting the products delivered and making them unfit for use, on condition that the buyer proves the hidden defect and acts within two years from the discovery of the defect (Article 1648 of the Civil Code).

17. TERMINATION OF THE CONTRACT

In the event of non-payment by the customer on the agreed due date and one month after formal notice has remained unsuccessful, the sale will be automatically terminated if the seller so wishes, with the refund of the deposits paid by the customer, and the possibility for the seller to request in summary proceedings the refund of the products already delivered where applicable, without prejudice to other damages.

In the event of recovery through litigation, this will give rise to a fixed compensation amounting to 15% of the amount of the order.

18. USE OF THE WEBSITE AND THE MOBILE APPLICATION

SAS TIJUCA grants the customer a simple non-exclusive right to use the website and the mobile application in accordance with their intended purpose. Any other use of the Site constitutes infringement and is punishable by the Intellectual Property Code, unless prior written authorization is obtained from SAS TIJUCA.

The creation of hypertext links to the Site is subject to the prior written authorization of SAS TIJUCA and may be revoked at its convenience and without notice.

SAS TIJUCA declines all responsibility concerning access to the customer's site which would have a hyperlink to or on the site www.tijuca.fr, the implementation of such a link, by the customer does not create any obligation of any nature whatsoever with regard to SAS TIJUCA or any concession of any nature whatsoever from SAS TIJUCA with regard to the Products and brands which it markets.

SAS TIJUCA reserves the right to modify the site www.tijuca.fr as well as the eponymous application and their functionalities at any time and whenever it deems it necessary for technical or legal purposes in particular.

Access may be interrupted, suspended or terminated at any time without prior notice.

The creation of hypertext links from the Site is subject to the prior written authorization of SAS TIJUCA and may be revoked at its convenience and without notice.

SAS TIJUCA declines all responsibility concerning the use of sites to which the customer could have access by activating a link present on the Site.

In any event, the customer acknowledges being alerted to the technical hazards inherent to the Internet and the interruptions of access which may result and explicitly acknowledges that SAS TIJUCA cannot be held responsible for any unavailability or slowdowns of the Site or the application.

The customer uses the Site and the mobile application at his own risk, in particular with regard to the use and possible deterioration of the equipment that he assigns to the use of the Site and waives any liability of SAS TIJUCA in this regard.

The customer acknowledges and accepts that SAS TIJUCA is not required to keep the history of its contents and waives the right to request a backup or a duplicate of the information and data that will have passed through the use of the Site or the application.

19. PERSONAL DATA

In summary:

In order to meet your needs and ensure optimal remote service, we are required to record certain information about you (name, first name, address).

You may receive, through SAS TIJUCA, proposals from other companies or organizations, or be informed of SAS TIJUCA offers by post or email.

If you do not wish to do so, simply indicate this by email to contact@tijuca.fr.

In accordance with the Data Protection Act of 6 January 1978, you have the right to access and rectify recorded data.

All the banking information that you communicate to us, during an online purchase, is neither stored nor visible on the Internet. No one can intercept the information that you send. Through its SSL standard security system, SAS TIJUCA certifies the confidentiality of your data..

The customer is informed that the collection and processing of personal data concerning him is necessary for the opening of his account as well as for the processing and monitoring of his orders, the after-sales service of the Products ordered, communication, marketing management and customer relationship management.

Data concerning the customer may be transmitted to service providers or suppliers of SAS TIJUCA for the purposes of processing orders, after-sales service, as well as for the purposes of communication, marketing management and customer relations.

In this regard, SAS TIJUCA declares that it has taken the necessary measures to legally supervise this transfer of data, in particular by completing the appropriate formalities with the CNIL.

The client is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 6, 2004 as well as the General Data Protection Regulation (GDPR: n° 2016-679).

19.1 Responsible for the collection of personal data

The controller of Personal Data is SAS TIJUCA, represented by its legal representative.

As the controller of the data it collects, SAS TIJUCA undertakes to comply with the framework of the legal provisions in force. In particular, it is its responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing in accordance with reality. Whenever SAS TIJUCA processes Personal Data, it takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which it processes them.

19.2 Purpose of the data collected

SAS TIJUCA may process all or part of the personal data:

• to ensure the management and traceability of the services and benefits ordered by the customer and the management of their customer account: name, company name, SIREN, bank details, invoicing, order history, authorized persons, functions, telephone number, etc.;
• to enable navigation on the site www.tijuca.fr, on the mobile application: connection and usage data of the Site;
• to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password;
• to improve navigation on the Site: connection and usage data;
• to conduct optional satisfaction surveys: email address;
• to conduct communication campaigns (SMS, email): telephone number, email address.

SAS TIJUCA does not market personal data which is therefore only used out of necessity or for statistical and analysis purposes.

19.3 Right of access, rectification and opposition

In accordance with current European regulations, the customer has the following rights:

• right of access (article 15 GDPR) and rectification (article 16 GDPR), updating, completeness of customer data;
• right to block or erase personal data (Article 17 of the GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or conservation is prohibited;
• right to withdraw consent at any time (article 13-2c GDPR); 
• right to restriction of data processing (Article 18 GDPR);
• right to object to data processing (Article 21 GDPR);
• right to the portability of data that the customer has provided, when this data is subject to automated processing based on his consent or on a contract (article 20 GDPR)
• right to define the fate of the customer’s data and to choose to whom TIJUCA must communicate (or not) its data to a third party that it has previously designated.

If the customer wishes to know how SAS TIJUCA uses his Personal Data, requests to rectify them or opposes their processing, the customer can contact SAS TIJUCA in writing at the following address: SAS TIJUCA, 54 Cours Anatole France, 33000 Bordeaux.

In this case, the customer must indicate the Personal Data that he would like SAS TIJUCA to correct, update or delete, by identifying himself precisely with a copy of an identity document (identity card or passport).

Requests for deletion of Personal Data will be subject to the obligations imposed on SAS TIJUCA by law, in particular with regard to the retention or archiving of documents.

Finally, the customer can file a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

19.4 Non-communication of personal data

SAS TIJUCA prohibits itself from processing, hosting or transferring the Information collected on the customer to a country located outside the European Union or recognized as “inadequate” by the European Commission without first informing the customer.

However, SAS TIJUCA remains free to choose its technical and commercial subcontractors on the condition that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).

SAS TIJUCA undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Customer's Information is brought to the attention of TIJUCA, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, SAS TIJUCA does not collect any "sensitive data".

The Customer's Personal Data may be processed by subsidiaries of SAS TIJUCA and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective attributions and for the purposes mentioned above, the persons likely to have access to customer data are mainly customer service employees.

The data is kept for a maximum of 48 months following the end of the contractual relationship with SAS TIJUCA.

20. OTHER PROVISIONS

20.1 Contact

For any questions, the customer can contact the Customer Relations Department of SAS TIJUCA:

41, Avenue George Pompidou

47200 Marmande

France

Email : contact@tijuca.fr

20.2 No implied waiver

The fact that TIJUCA does not assert at any given time any of these general conditions of sale or the specific conditions of the order cannot be interpreted by the customer as constituting a waiver by TIJUCA to assert any of the said conditions at a later date.

20.3 Force Majeure

TIJUCA will be released from its obligations for any event beyond its control which prevents or delays the delivery of the Products, contractually considered to be force majeure.

In the event that all orders are completely suspended for a period exceeding one (1) month due to a case of force majeure, each party shall have the right to terminate the suspended orders, without owing any compensation in this respect to the other party, on condition that this termination is notified to the other party by registered letter with acknowledgment of receipt.

21. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

These general conditions of sale are governed by French law.

21.1 Contract concluded by a French consumer from France

This contract is subject to French law. Any dispute arising in connection with the execution or interpretation of this contract will be brought before the jurisdiction of the defendant's domicile or the place of delivery.

21.2 Contract concluded by a consumer placing an order from another country of the European Union

This contract is subject to French law. Any dispute arising in connection with the execution or interpretation of this contract will be brought before the competent courts under the directives and regulations of the European Union (in particular the Brussels Convention, September 27, 1968).

22. ARCHIVING

In accordance with Article L.134-2 of the Consumer Code, it is the responsibility of SAS TIJUCA to keep, for 10 years from the delivery of the goods, the written record of the contract concluded electronically, provided that this contract concerns a sum greater than 120 euros.

23. PROTECTION OF MINORS

In accordance with Article L. 3342-1 of the Public Health Code, which stipulates that the sale of alcohol to minors (under eighteen (18) years of age in France) is prohibited, the customer undertakes, by completing the order form, to be of legal age on the date of the order. TIJUCA may require proof of majority before executing the order.