GENERAL TERMS AND CONDITIONS OF SALE (GCS) ONLINE TO INDIVIDUALS TORRETTO TESSUTI GIFT CARDS - VERSION OF 10/12/2021

PREAMBLE

The present conditions are concluded exclusively between the company TORRETTO TESSUTI, registered at the RCS of Nice, under the numberSiren 382293397whose head office is located at 12 Zone d'Activités la Vallière 06730 Saint André de la Rocheand any natural person, domiciled in one of the delivery countries mentioned in article 4, acting for his private needs and making a purchase from TORRETTO TESSUTI on the website www.en.tessuti.fr Hereinafter referred to as "the Customer" and collectively referred to as "the Parties".
 
The term "Gift Card(s)" refers to all products sold by TORRETTO TESSUTI, such as gift cards, e-gift cards or equivalent.
 
The Customer declares that he has the legal capacity to contract, thus allowing him to place an order with TORRETTO TESSUTI.
 
It is specified that the products sold by TORRETTO TESSUTI are for the exclusive use of the Customer, who undertakes not to resell them, in accordance with the provisions below.
 
The Parties agree that their relations will be governed exclusively by these general conditions of sale, to this end the Customer accepts them in their entirety without any reservation. These conditions may be subject to change, so it is understood that the conditions applicable are those in effect at the time of placing the order. The date of update of these General Conditions of Sale is the date of entry into force, cancelling and replacing the previous versions.
 
 

ARTICLE 1 - CONDITIONS OF USE

The Gift Card is a voucher that allows its holder to pay for purchases, in one or more installments, supplemented if necessary with another means of payment:
 
- Only on www.en.tessuti.fr. In case of online use, please indicate the code communicated by e-mail.
 
The Gift Cards are sold only to individuals, for a variable amount, determined by the Customer and ranging from ten (25) € to two hundred and fifty (400) €; the amounts being expressed inclusive of all taxes.
There is no limit to the validity period of a Gift Card.
The Gift Cards are automatically and immediately activated after being sent by email. 
 
Payment with the Card can be made up to the amount of the Card, until the balance is exhausted.
Under no circumstances may Gift Cards, even if partially used, be exchanged for cash.
 

ARTICLE 2 - ORDERING

The order is entered according to the instructions given online.
The Customer undertakes to complete the mandatory fields (marked *), failing which, the order cannot be registered.
 
The Customer commits himself to communicate sincere information to us, we reserve the right to oppose a refusal of sale in the contrary case.
 
The online order is effective only after the validation of the Customer's payment. The Customer will then receive an email acknowledging receipt of the order. 
 
Confirmed orders are processed, after receipt of payment, every day of the week. In the event of an incident preventing the processing of the Customer's order, the order is cancelled and the payment is cancelled and/or refunded. The refund is made by transfer to the bank account of the Customer who made the initial transaction. A confirmation of the refund is sent by email to the Customer.
 
The Customer acknowledges that the orders placed with our service are firm and final and can in no way give rise to a refund or be cancelled, except in the case of application of the right of withdrawal. At no time, the sums collected could be considered as deposits or deposits.
 
It is the responsibility of the Customer to ensure that the details he/she has given when ordering are correct and that they allow the recipient to receive the order and the Customer to receive confirmation of the order; TORRETTO TESSUTI declines all responsibility in the event of an error by the Customer. In the event that the Customer does not receive this confirmation, it is his responsibility to contact us. 
 
The online provision of a credit card number and the validation of the order will be considered as proof of the completeness of the said order and of the payability of the sums involved, in accordance with the provisions of the law of 13 March 2000. This validation is worth signature and express acceptance of the operations carried out on the Site.
 

AVAILABILITY

Our offers of products and services are valid as long as they are visible on the Site, except for special operations whose validity period is specified on the Site.
 
In case of order of one or several articles which would be unavailable, the Customer will be informed and will be able to choose one of the following options at his convenience:
  • TORRETTO TESSUTI reserves the right to offer a product of equivalent or higher quality and price, at no extra cost to the Customer and subject to the Customer's acceptance;
  • cancel the order of the unavailable item.
 
In case of an order of several products, if one of the products is unavailable, TORRETTO TESSUTI will inform the Customer. The whole order will be processed and shipped only when all the products of this order are available, except if the Customer decides to receive the available items of his order first. The Customer will then only be charged the shipping costs announced at the time of the order for both deliveries. The Customer can also opt for the partial cancellation of his order concerning the unavailable products.
PROOF OF ORDER/PAYMENT
In the absence of proof to the contrary, our computer records and those of our service providers, kept in reasonable conditions of security, will constitute proof of all transactions between TORRETTO TESSUTI and the Customer. In accordance with the regulations in force, TORRETTO TESSUTI will archive the orders on a reliable medium. In all cases, TORRETTO TESSUTI
We recommend that the Customer keep the order validation e-mail as well as the invoice.
 

ARTICLE 3 - BILLING AND PAYMENT TERMS

The prices displayed by default on the Site are indicated in euros and all charges included.
Gift Cards are not subject to VAT.
The prices of our offers are valid as long as they are visible on the Site, except for special operations whose validity period is specified on the Site and subject to modification of the applicable VAT rate. Any change of this rate could then be reflected immediately on the selling prices.
The prices of the products are exclusive of shipping costs, the price of certain packaging or the price of other optional services, subscribed to by the Customer, which remain additional. The latter will be brought to the attention of the Customer on the summary screen before final validation of the order.
 
 TORRETTO TESSUTI reserves the right to modify the prices at any time. The price list in force is the one applicable on the day of the order.
 
The invoice is made out in the name of the Customer (name, address) and is issued upon validation of the order. 
 
Gift Cards and other electronic products cannot be purchased with Gift Cards. All orders are payable in Euros.
TORRETTO TESSUTI accepts the following credit cards = Bank Card, Visa and Mastercard.
 
In the case of anti-fraud controls aimed at securing the transactions of its Customers, TORRETTO TESSUTI will be entitled to ask the Customer to provide one or more proofs of address and/or copy of identity card by e-mail or fax before validating his order.
 
The order will only be final after TORRETTO TESSUTI has received these documents and has sent a confirmation e-mail. If these documents are not received or if they do not allow the identity of the person placing the order and the reality of his address to be identified, TORRETTO TESSUTI reserves the right not to accept the order. TORRETTO TESSUTI also reserves the right to refuse an order if there is a previous dispute about payment or an abnormally high level of orders.
 

ARTICLE 4 - DELIVERY

The Gift Card is sent by email. The Customer can choose the email address of his choice.
The email containing the Gift Card will be considered received by the recipient once it has been sent to the email address provided by the Customer.
We advise Clients and recipients to check the junk mail in their email account, in case the addressed email does not arrive directly in their mailbox.
In case of non-receipt of the e-mail by the addressee, the Customer may contact the customer service via the address: contact@en.tessuti.fr
It is specified that the Client and the recipients are responsible for their electronic mail and the persons having access to it. In this respect, TORRETTO TESSUTI cannot be held responsible in any case, especially in case of use of the Gift Card by another person than the recipient.
 

ARTICLE 5 - OBLIGATIONS OF THE CLIENT

The Client undertakes to inform any recipient of TORRETTO TESSUTI products of their conditions of use.
 
TORRETTO TESSUTI cannot be held responsible for any use that does not comply with the conditions of use.
 

ARTICLE 6 - EXCHANGE / RENEWAL / LOSS / THEFT

Gift Cards are non-refundable and non-exchangeable, especially in case of loss or theft.
 
In case of loss, theft or destruction, the Gift Card can be stopped for the amount remaining on the Card at the time of stopping. This cancellation is done by contacting the TORRETTO TESSUTI Customer Service Center. Following the cancellation, the Gift Card will be replaced by an e-gift card with an amount corresponding to the balance of the Card at the time of cancellation.
 

ARTICLE 7 - PROHIBITION OF RESALE

Our commercial policy strictly prohibits the resale of Gift Cards in any form whatsoever. As a penalty clause, any finding established by TORRETTO TESSUTI of a violation by the Client of one of its obligations may result, on the initiative of TORRETTO TESSUTI, in the immediate payment of a contractual penalty of 7,000 € excluding VAT, which does not discharge any possible indemnities that may be due to the Client for the damage suffered.
 

ARTICLE 8 - RETENTION OF TITLE

The Gift Cards sold remain the full and complete property of TORRETTO TESSUTI until their full payment. However, upon receipt, all risks are transferred to the Client or the recipient who must insure accordingly.
In the event of a claim, TORRETTO TESSUTI reserves the right to proceed with the recovery of its debts by any means.
 

ARTICLE 9 : LEGAL GUARANTEES / SERVICE

In accordance with the regulations in force, all products sold on the Site benefit from the application of the legal guarantees of conformity (articles L.211-4 to L.211-14 of the Consumer Code) and hidden defects (articles 1641 to 1649 of the Civil Code) under the conditions provided for by law.
 

ARTICLE 10 - PROTECTION OF PERSONAL DATA

In accordance with the French law on information technology and freedom of January 6, 1978, as amended, the Customer has the right to access, modify and/or delete personal data concerning him/her.
The Customer may exercise these rights by written request to the following address TORRETTO TESSUTI, 12 Zone d'Activités la Vallière 06730 Saint André de la Roche
The nominative data of the Customers, could be used for commercial purposes, only in the case where a preliminary agreement will have been given.
 

ARTICLE 11 - CUSTOMER RELATIONS

For any question, information or complaint, we are at the disposal of the Customer:
  • By email : contact@en.tessuti.fr
  • By phone at 04 22 23 95 88 (price of a local call from a landline) from Monday to Saturday from 11am to 6pm.
  • By mail to the following address TORRETTO TESSUTI, 12 Zone d'Activités la Vallière 06730 Saint André de la Roche.
 

ARTICLE 12 - COMPLETENESS

The present General Conditions of Sale are made up of all the clauses that make them up. The fact that TORRETTO TESSUTI does not avail itself at a given moment of any of the clauses of the present, cannot be considered as a renunciation to avail itself later of these same clauses. In case of invalidity of one of them, the other clauses remain valid.
 

ARTICLE 13 - APPLICABLE LAW - JURISDICTION

The French law is applicable to the present general conditions of sale.
However, if the Customer does not reside in Metropolitan France but in another country of the European Union, he may avail himself of the provisions of law applicable to his country of residence, when they are more favorable than French law.
 
Any dispute that has not been resolved amicably will be subject to the jurisdiction of the French courts. In the case of a Customer not residing in Metropolitan France but in another country of the European Union, the competent court may be that of his country of residence.
Need for additional information, contact us at serviceclient@ or byen.tessuti.fr or by phone 04 93 16 11 22 (Monday to Friday from 10:30 am to 6 pm).