GENERAL TERMS & SALES' CONDITIONS

Information regarding general data protection regulation

The CUSTOMER is informed that the SELLER enforces personal data in order to ensure the management, the billing and the file monitoring of the CUSTOMER in accordance with the tasks defined in this agreement.
These data are necessary for the good management of customers and are destined and are intended for the services of the SELLER.
The personal information of the CUSTOMER is kept for a period which can not exceed 5 years from the date on which the CUSTOMERS order was placed.
 In accordance with the law “Computer Technology and freedom” dated 6 January 1978, as amended and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the natural persons have a right of access, opposition, rectification, portability, deletion or limitation of treatment of data that concerns them.
 If you want to use your rights and get your information, please contact info@tipii.fror send all mail at the address of the company. 
 For any additional information or complaint, the CUSTOMER can contact the supervisory authority. 
The CUSTOMER placing an order with the SELLER declares having read the general terms and conditions of sale and as a result of the GDPR information. 

 Article 1. Definitions

 The terms and conditions given below mean that, when preceded by a capital letter for the purpose of the interpretation and execution of these terms: 
‘All-inclusive Price’: the total amount to which Delivery Fees are added; this amount includes always all the taxes;
‘Application’: downloaded solution by the client on mobile or tablet from which the order is placed;

‘Article’: the good or goods ordered;
‘Confirmation of the order’: has the meaning given to this term in Article 4;
‘Delivery method’: means all modes of standard or express delivery available on the website at the time of order;
‘Delivery time’: period between the date of Validation of the Order and the date of Delivery of the Order to the CUSTOMER;
‘Delivery’: shipping the Item to the customer;
‘Good’: all product for sale on the website;
‘GTC’: the general conditions of sales which are subject of the present;
‘Online Sales’: marketing of the seller’s goods via the website;
‘Order’: request for goods made by the CUSTOMER from the SELLER;
‘Price’: unit value of a good; this value includes all the taxes and the standard delivery fees; 
‘Service’: all sale service offered on the Website or the Application;
‘Shipping costs’: costs incurred by the seller to send the order to the delivery address indicated by the customer;
‘Site’: online presentation site used by the Seller for the marketing of its Goods / Services;
‘Territory’: has the meaning given to this term in Article 3;
‘Total Price’: the total amount of the cumulative prices of the goods of the order; this amount includes always all the taxes;

The references to the Articles are references to the articles of the GTC, unless otherwise stated. 
Any references to the singular includes the plural and vice versa. Any reference to one gender includes the other gender. 

 Article 2. Object

 The seller sells the Goods through an Apple Store website application accessible via the URL: which it owns. 
The Apple Store application is to be downloaded for free it being specified that the SELLER is not responsible in case of lack of access to the application or any reason whatsoever (disruption of the services of the company APPLE, maintenance of the application…). 
The list of Goods offered for sale by the Seller may be consulted on the said website for a description or application for sale and include photographic printing in various forms through a dedicated application.
The Parties agree that their relations will be governed exclusively by these Terms, excluding any conditions which were previously available on the Seller’s website. The GTC applies to anyone who intends to place an order on the site, whether a natural person or a juridical person. 
The Seller reserves the right to modify the GTC terms at any time by publishing a new version on the Website. The GTC are those in force on the date of validation of the order. The Parties agree that the photos of the Goods on the Website have no contractual value. 
The purpose of these GTC is to define the rights and obligations of the Parties in connection with Sale of the Goods offered by the Seller to the Customer.  
The SELLER offers the CUSTOMER a printing service of a personalized album in a unique format of 12 inside pages with a dimension of 14.5 cm X 14.5 cm.
The SELLER offers to the CUSTOMER the marketing of boxes. The principle of the box is to buy a code that allows the code holder to create 3, 6 or 12 Tipii’s. This code is valid for 12 months renewable from the date of activation of the code in the application. 

 Article 3. Field of Application

 The GTC apply to all sales of Goods made through the application, whether the Customers is a professional or a consumer.  
In accordance with Articles L.111-1 and L.111-4 of the French Consumer Code, the essential characteristics and the prices of the Goods sold electronically are available on the Website. 
In addition, the Customer receives the information provided in Articles L.221-8 and L.221-11 of the French Consumer Code, before and after the conclusion of the sale and in particular by means of the GTC. 
In addition, the Customer is informed that, given the nature of the products sold, no right of withdrawal can be exercised after the Order. Article L.221-28 of the Consumer Code provides that the right of withdrawal can not be exercised for “the supply of goods made to the specifications of the consumer or clearly personalized”. 
The Customer declares having read these Terms before the Validation of the Order within the meaning of Article 4. The Validation of the Order is therefore acceptance without restriction or reservation of these Terms. These GTC are applicable for Orders made for Delivery in the territory of Metropolitan France, including Corsica (the “Territory”), Overseas France, Belgium, England, Spain, Portugal.

 Article 4. Ordering Goods and Services / Conclusion Steps for Online Selling

 In order to fulfil the Order, the Customer must follow the following steps: 
Compose the address of the Site or connect to the dedicated application (On App Store: Tipii’);
Follow the instructions of the Application and in particular, the instructions necessary to open a customer account;
Fill out the order form. In case of prolonged inactivity during the connection, it is possible that the selection of Goods and Services chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Goods and Services from the beginning;
Check the elements of the Order and, if necessary, identify and correct errors;
Validate the Order, the General Terms and Conditions, the Total Price and the All-Inclusive Price (“Validation of the Order”);
Follow the instructions of the online payment server to pay the All-Inclusive Price. 
Then the Customer receives an electronic confirmation of payment acceptance of the Order.
The Customer also receives electronically an acknowledgment of receipt confirming the Order (the “Confirmation of the Order”).
The Customer receives the confirmation of the shipment of the Order electronically.
Delivery will take place at the delivery address indicated by the Customer during the Order. When carrying out the various steps of the above-mentioned Order, the Customer undertakes to respect the present contractual conditions. 
However, in the context of orders placed by consumers, and in accordance with Article L.121-11 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, passed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer regarding the payment or delivery of a previous order. 

 Article 5. Prices of Goods and Services / Conditions of Validity – Promotion Code and Code of Sponsorship

Article 5.1 Prices of Goods and Services / Conditions of Validity

The price of the goods sold is indicated by article and reference or by service and by reference.
The Seller reserves the right to change prices at any time but the Good sold will be charged on the basis of the rates in effect at the time of Validation of the Order.
On the unit descriptive pages of the Goods, the prices are indicated in Euros (€) and in Euros (€) VAT included, and in all cases, shipping included. The shipping costs included are for standard delivery, that is to say by sending a simple mail without tracking. 
In any case, at the time of the Validation of the Order, the price to be paid is the All-Inclusive Price. 

Article 5.2 Promotion Code and Referral Code

The SELLER may be required to send his CUSTOMERs promotional codes that can be used in one or several times subject to the number of promotional codes available. The SELLER reserves the right to terminate the validity of the promotional codes at any time. 
The SELLER provides its CUSTOMERS with nominative sponsorship codes that entitle them to a discount voucher for the benefit of the new CUSTOMER at the time of his first order and a benefit paid to the sponsor on the PUMPKIN application. 

Article 6. Payment Terms – Late Payment Penalties

Article 6.1 Payment Terms

The payment of the All-Inclusive Price by the Customer is made by bank card or Apple Pay. 
The transaction is immediately charged to the Customer’s bank card after verification of the Customer’s data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer. The Order is considered to have been validly spent only as from the debit made on the bank account. 
In accordance with Article L.132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing the information relating to his bank card, the Customer authorizes the Seller to debit his bank card the amount corresponding to the All-Inclusive Price. 
or this purpose, the Customer confirms that he is the holder of the bank card to debit and that the name on the bank card is actually his. The Customer communicates the sixteen digits and the expiry date of his bank card as well as, if applicable, the numbers of the visual cryptogram.
In the event that the All-Inclusive Price debit is impossible, the Online Sale will immediately be cancelled, and the Order will be cancelled without any right for the Customer to indemnity.
The Seller implements all means to ensure the confidentiality and security of the data transmitted on the Website by means of an encryption of the page via the SSL protocol. 

Article 6.2 Late Payment Penalties

If, by way of exception to Article 6, a payment deferral is authorized, and in accordance with Article L.441-6 of the French Commercial Code, in the absence of payment at the due d           ate shown on the invoices sent to the Customer, the sums due will be automatically, and without formalities, increased, from their due date, by default interest equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, as well as a lump sum recovery fee of 40€ excluding tax. If the collection costs are higher than the fixed compensation, the Customer is already committed to pay all of these costs, on first request and upon presentation of receipts.
In case of default of more than 30 days from the due date shown on the invoice, the Seller also reserves the right to increase the amount of the invoice by 10%, as a penalty. 
Penalties and interest for late payment are due without the need for a reminder. 
Any partial payment is deducted from the sums due whatever the cause, starting with those with the highest due date. 
In the event of late payment of orders at agreed deadlines, the Seller is entitled to suspend the delivery of orders in progress, without prejudice to any other course of action. Failure to pay orders at agreed deadlines will automatically result in immediate payment of all sums remaining due, regardless of the payment method and due date after formal notice sent by registered letter with acknowledgment of receipt. 

Article 7. Lack of responsibility for the developed content

The Customer is solely responsible for the content he develops through the Seller.
The Customer declares to hold all the rights or to have the complete authorization to reproduce the solicited developments and in no case the Seller has vocation to inquire on the lawfulness of the files which are transmitted to him. 
Therefore, the Customer can not at any time seek the Seller’s liability for the developments requested.
The Customer will guarantee at first request the Seller against any claim made against him under an order placed by him. 

Article 8. Order Delivery

8.1 Delivery Method

Deliveries are made exclusively to the address indicated by the Customer and through a carrier. Standard delivery charges are included in the original price. Any other delivery method will be billed to the Customer according to the terms and conditions set out in the order confirmation. 

8.2 Delivery address

The Customer chooses a delivery address that is necessarily located in the Territory, under penalty of refusal of the Order. The Customer is solely responsible for a delivery defect due to a lack or a lack of indication during the Order. 

8.3 Amount of Delivery Fee

The amount of the Delivery depends on the amount of the Order and the delivery method chosen by the Customer. In any case, the amount of the Delivery Fees is indicated to the Customer before the Validation of the Order. 

8.4 Delivery Time

The Delivery Time is the one communicated by La Poste under a green letter delivery method (from 2 working days in France), concerning the Corsican, Overseas France and other European countries mentioned in the application, these depend on postal delays of the country concerned (from 6 working days) and the seller can not be held responsible for the delivery defects of the service providers. In any case delivery times are given for information only. 
The delivery times are in working days and correspond to the average time of preparation and delivery of the Order on the Territory. 
Delivery times start from the Seller’s Confirmation of Order date. 
As a precaution, Tipii’ indicates theoretical delays from the confirmation of the order, 6 working days in France and 10 working days in Europe. 

8.5 Delivery Delay

In case of delivery delay, the Order is not cancelled.
In case of a sale to a Customer meeting the definition of the consumer given by the texts in force and case law, and in this case only, the Customer may decide to cancel the Order and send by email to the address a notice of cancellation of the Order.
In case that the Order has not yet been sent when the Seller receives the cancellation notice from the Customer-Consumer, the Delivery is blocked, and the Customer is refunded any sums debited within fifteen days after receipt of the cancellation notice. In the case that the Order has already been shipped when the Seller receives the Customer-Consumer cancellation notice, the Customer may still cancel the Order by refusing the package. The Seller will then refund the amounts debited and return costs paid by the Customer within thirty days of receipt of return of the complete refused package and in its original condition.

8.6 Delivery Tracking

In case of option for a secure and monitored delivery method, the Customer may follow the progress of the Order processing in the space reserved for this purpose on the Service Provider’s website. 

8.7 Verification of the Order upon arrival

The Customer is required to check the condition of the packaging as well as the items during the Delivery. 
It is the Customer’s responsibility to issue the reservations and claims that he deems necessary. Such reservations and claims must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, excluding holidays, following the date of delivery of the Goods. 
The Customer must also send a copy of this letter to the Seller. 

Article 9. Right of withdrawal in case of sale to a consumer

The Customer, even meeting the definition of the consumer given by the texts in force and case law, has no right to retraction given the specificity of the Goods sold.
As stated abovee Article L.221-28, 3° of the Consumer Code provides that the right of withdrawal can not be exercised for “the supply of goods made to the specifications of the consumer or clearly personalized”. 

Article 10. Claims

The Customer must send any claims to the company either by mail to the following addres: “Tipii’ – 445 Boulevard Gambetta 59200 Tourcoing” or by email at the following address: by recalling the reference and the date of the Order. 
Only claims relating to the online sale of items will be taken into account. 

Article 11. Warranty in case of sale to a consumer

If the sale has occurred between the Customer, meeting the definition of the consumer given by the texts in force and case law, the Seller is subject to the conditions of legal guarantees provided for in Articles L.217-4, L.217-5 and L.217-12 of the Consumer Code: 
Art. L.217-4 of the Consumer Code: “The Seller delivers a good that conforms to the contract and responds to defects of conformity existing at the time of delivery. He also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to him by the contract or was carried out under his responsibility”. 

Art. L.217-5 of the Consumer Code: “The Property is in accordance with the contract:
1° If it is fit for the customary use of a similar good and, where applicable:
If it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is fit for any special use sought by the buyer, made known to the seller and the latter has accepted”.
In case of delivery of a nonconforming product the CUSTOMER has a period of 15 days from delivery to make any claim to the SELLER. After this period, no further claims will be accepted.
In case of a lack of conformity, the CUSTOMER will have the choice between being reimbursed for his order or requesting a new edition for which the shipping costs will be borne by the SELLER. 

Article 12. Intellectual property rights

The Seller’s brand, as well as all figurative brands or not and more generally all other brands, illustrations, images and logos appearing on the Goods, their accessories and their packaging, whether deposited or not, are and will remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever without the express prior agreement of the Seller, is strictly prohibited. The same is true for any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent that are the property of the Seller. 

Article 13. Data privacy

The information requested from the Customer is required to process the Order. In the event the Customer agrees to provide individual personal date, he has an individual right of access, withdrawal and rectification of such data under the conditions provided for by the Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms. The Customer must send any request by email to the following address: 
On the occasion of the creation of his account on the website, the Customer will have the opportunity to choose if he wishes to receive offers from the Seller and its partners. 

Article 14. Force Majeure

The performance by the Seller of his obligations under these GTC will be suspended in case of fortuitous event or force majeure that would hinder or delay execution. 
The Seller will notify the Customer of such a fortuitous event or force majeure within 7 days from the date of the event. 

Article 15. Nullity of a GTC Clause

If any of the provisions of these GTC was cancelled, this nullity would not result in the nullity of the other provisions that will remain in force between the parties. 

Article 16. Applicable Law

This Agreement will be governed by French Law. 

Article 17. Attribution of Jurisdiction

Any dispute resulting from the formation, interpretation or execution of these Terms will be the exclusive jurisdiction of the Commercial Court of the place in which the Seller has its head office, notwithstanding plurality of defendants or warranty claim. 
As an exception to the preceding paragraph, in the case where the Customer is a consumer, and in this case only, the competent courts are those designated as such in such cases by the texts in force.