Terms of Sales

Terms of Sales

Updated on : 16/05/2023

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1 – Preamble

These conditions are intended for a consumer who has full legal capacity in his country of residence. This agreement is subject to the French Law. The language of the contract is the French language. Any dispute arising in the context of the application or interpretation of this contract will be submitted to the competent French courts. In the event of a dispute, an amicable solution will be sought in priority to any legal action.

The European Commission has put online a platform for resolving disputes to collect your possible complaints in order to transmit them to the competent national mediators.

http://ec.europa.eu/consumers/odr/

These General Terms and Conditions of Sale are intended to define the terms and conditions under which TAPAPAT CREATIONS provides services to users. Any use of any of the services offered by TAPAPAT CREATIONS will be in accordance with these Terms and Conditions.

On the website made up of all services available at the URL https://tapapatcreations.com, including the websites and all its internal ramifications, will be presented all the essential characteristics of goods produced.

The general structure of the TAPAPAT CREATIONS website, as well as the texts, graphics, images, sounds and videos composing it, are the property of the publisher or its partners. Any representation and / or reproduction and / or partial or total exploitation of the contents and services offered by the site, by any means whatsoever, without prior written authorization of a Site Administrator is strictly prohibited and could be constitute an infringement within the meaning of Articles L 335-2 and L.122-5 of the Intellectual Property Code.

Access to the entire public facade of the site TAPAPATCREATIONS.COM is free, without obligation to purchase. TAPAPAT CREATIONS reserves the right to modify without notice or announces the present general conditions which will have to be consulted before any approach with TAPAPAT CREATIONS. The user must be of legal age or have an authorization from his legal guardian before making a contact for a possible purchase from TAPAPAT CREATIONS. Any connection to the site is subject to compliance with these conditions and acceptance by the user.

If any of the clauses or provisions of these GTCS were to be annulled or declared illegal by a final court decision, this nullity or illegality will not affect the other clauses and provisions, which will continue to apply.

2 – Intellectual property rights

The user acknowledges that TAPAPAT CREATIONS is the sole owner of the Intellectual Property Rights present on all the services provided. Nothing in these General Terms and Conditions of Sale shall be construed as conferring on the user a license on the Intellectual Property Rights, of which TAPAPAT CREATIONS may have the property or the exclusive right of exploitation. TAPAPAT CREATIONS concedes only an authorization to view its content in a personal and private capacity, to the exclusion of any public viewing or distribution. Therefore, any representation, reproduction or extraction of the content or its website and any other Intellectual Property Rights that is unauthorized by TAPAPAT CREATIONS is strictly prohibited under penalty of legal proceedings. The offender is liable to civil and criminal penalties, including the penalties provided for in Articles L335-2 and L343-1 of the Intellectual Property Code.

TAPAPAT CREATIONS commits itself and guarantees that it has all the necessary rights to design, manufacture, realize, sell, the goods. More particularly, TAPAPAT CREATIONS commits itself and guarantees that it is unique holder of the intellectual property rights relating to the produced goods and that these goods, their design, manufacture, realization, offers to the sale, sale, marketing do not affect the intellectual property rights of third parties (counterfeit products and / or projects).

As such, TAPAPAT CREATIONS guarantees that it will be personally responsible for all assignments of intellectual property rights to all designers, artists, craftsmen, subcontractors, service providers or other third parties who have created or collaborated in the design and / or realization of these goods.

All quotes, invoices, drawings, plans, models, descriptions and working documents remain the exclusive property of TAPAPAT CREEATIONS. Their communication to other companies or third parties is prohibited and punishable by damages.

3 – Terms of use

The user, declares having read and accepted expressly and unconditionally the present General Conditions of Sale in force on the day of access to his website proposed by TAPAPAT CREATIONS. TAPAPAT CREATIONS reserves the right to modify all or part of these General Terms and Conditions of Sale at any time. It is therefore the responsibility of the user to regularly refer to the latest version of the General Terms and Conditions of Sale permanently available on the TAPAPAT CREATIONS website.

Any use of the services after modification of the General Conditions of Sale, implies pure and simple acceptance by the user of the new General Conditions of Sale. The user expressly acknowledges that they must exercise good judgment in the use of the content and bear all risks associated with it, and in particular when relying on the timeliness, usefulness or completeness of this content, and carry out any verification under their responsibility.

4 – Archiving and access to the contract

An archiving of the purchases is carried out on a reliable and durable support.

Any order validated after consultation for a quote constitutes an irrevocable acceptance of the general conditions of sale and payment. The data recorded by TAPAPAT CREATIONS during the order constitute proof of all the transactions made by TAPAPAT CREATIONS and its customers. The data recorded by the banking institution is the proof of financial transactions.

5 – Responsibility

TAPAPAT CREATIONS acknowledges and agrees to be solely responsible for the proper performance of these terms and conditions and the incumbent obligations on it under the contract concluded with the buyer. Nevertheless, the responsibility of TAPAPAT CREATIONS cannot be committed because of a fortuitous event, related either to the purchaser, the unpredictable and insurmountable fact of a third party to the contract, or to a case of absolute necessity, in accordance with the Article L.221-15 of the Consumer Code.

6 – Generalities

The buyer undertakes to have the full legal capacity to engage under these Terms and Conditions and enter into contracts.

TAPAPAT CREATIONS commits itself and guarantees to have the full legal capacity to engage under the present General Conditions of Sales in order to conclude contracts. TAPAPAT CREATIONS also undertakes to respect the laws and regulations in force relating to its activity.

TAPAPAT CREATIONS commits to providing accurate and complete information as to the identity of its legal representative, its contact details and in particular its surname, first name, email address, postal address and its activity. TAPAPAT CREATIONS is also committed, if necessary, to update this information.

The buyer agrees to provide accurate and complete information about their identity and contact information including their name, first name, email address and mailing address. The buyer also agrees, if necessary, to update this information.

The buyer acknowledges and expressly agrees that their email address will be used for any exchange of information, the conclusion and execution of contracts with TAPAPAT CREATIONS. As such, they commit to providing an effective email address and to consult their inbox throughout the conclusion and execution of said contracts.

TAPAPAT CREATIONS commits to providing the delivery times for the goods by e-mail, in accordance with Article L.111-1 of the French Consumer Code.

TAPAPAT CREATIONS commits to informing by e-mail the progress of the realization of the ordered goods by providing photographs in progress and once finalized.

TAPAPAT CREATIONS also commits to informing the buyer by e-mail of any delay in the realization of the goods ordered.

7 – Delivery terms

If no indication, TAPAPAT CREATIONS delivers the goods without undue delay and no later than thirty days after the conclusion of the contract (Article L216-1 Code of Consumption), once the last payment is received. Delivery is made to the address indicated when placing the order. Delivery means the transfer to the consumer of physical possession or control of the property. In case of late delivery, you can resolve the contract in accordance with the provisions of Article L.216-2 of the Consumer Code. An agreement can, however, be made between the two parties for a renewal of the delivery date.

Buyer also acknowledges and agrees that their mailing address will be used for delivery. As such, they commit to providing an effective delivery address and acknowledges and agree to be solely responsible for a defect or a delay in delivery due to a failure to indicate the delivery address.

TAPAPAT CREATIONS commits to informing the buyer by e-mail of the progress of the delivery of the goods ordered by sending them a copy of the proof of shipment immediately. Delivery times are indicative and informative.

In case of non-receipt of goods ordered on the expected date of delivery, the buyer must inform TAPAPAT CREATIONS within 48 hours of the expected date of delivery (including weekends and holidays, excluding the date delivery) by e-mail.

Similarly, if the ordered goods or their packaging are obviously damaged upon delivery, it is up to the buyer to make the reservations and claims they consider necessary at the time of delivery, or even to refuse delivery directly from the carrier. Furthermore, reservations and complaints must also be sent by registered letter to the carrier within three days of receipt, in order to allow the retention of appeals against the latter (Article L133-3 of the Commercial Code).

In the absence of notification of non-receipt of goods within this period, the buyer will be deemed to have been delivered and have accepted the goods ordered on the expected date of delivery.

8 – Pricing

The characteristics of the products and services offered for sale are presented on the showcase website (https://tapapatcreations.com/) in euros without French taxes, other taxes may apply on the date of the order. They include the order processing fees. Prices may vary depending on the difficulty of the order and level of customization but will be defined during the quote (Article L.111-1 of the Consumer Code). However, any additional costs incurred during transport (customs fees among others) will be paid by the buyer.

9 – After sale service

For any inquiries regarding after-sales service, please send an email to: tapapatcreations@gmail.com

When sending the email, please provide the order number / invoice number associated with the property in question.

The buyer acknowledges and accepts all responsibility for returning the goods to TAPAPAT CREATIONS. As such, shipping and returns will be at their expense.

10 – Commercial warranty

The commercial warranty is defined as any contractual commitment of a professional towards the consumer in order to refund the purchase price, replacement or repair of the goods.

The warranty granted for all goods from TAPAPAT CREATIONS is 3 months and effective at reception of the parcel containing the good by the purchaser.

11 – Legal guarantee of conformity

The legal guarantee of conformity applies regardless of the commercial guarantee.

The buyer acknowledges and agrees that the ordered goods are made and customized at their request from materials whose appearance, by their nature, may vary and differ from photographs (such as colorimetry).

When the ordered goods do not correspond to the order or are affected of any other defect or vice, the buyer will have to inform TAPAPAT CREATIONS within 48 hours after the date of the delivery (including weekends and holidays, not counting the day of delivery) by email to the contact address.

TAPAPAT CREATIONS also acknowledges and agrees to be solely responsible for the good respect of the guarantees incumbent on it under the contract concluded with the buyer, in accordance with articles L.217-4 and following of the Code of the consumption and other articles 1602 and following of the Code civil.

Article L.217-4 of the Consumer Code

The seller delivers a good in accordance with the contract and answers for the lack of conformity existing during the delivery.

Theyalso responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.

Article 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 they have 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, particularly in advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.

Article L.217-7 of the Consumer Code

The defects of conformity which appear within twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, unless proven otherwise. For second-hand goods, this period is fixed at six months.

The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.

Article L.217-8 of the Consumer Code

The buyer is entitled to demand the conformity of the goods to the contract. However, he cannot challenge compliance by invoking a defect he knew or could not have been unaware of when he contracted. The same is true when the defect originates in the materials he himself provided.

Article L.217-9 of the Consumer Code

In case of lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate compared to the other modality, taking account of the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.

Article L.217-10 of the Consumer Code

If the repair and replacement of the property are impossible, the buyer can return the property and get the price back or keep the property and get a part of the price.

The same faculty is open to him:

1 ° If the requested solution, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the claim of the buyer;

2 ° Or if this solution cannot be without major inconvenience for this one taking into account the nature of the good and the use that it seeks.

The resolution of the sale cannot however be pronounced if the lack of conformity is minor.

Article L.217-11 of the Consumer Code

The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.

These same provisions do not prevent the award of damages.

Article L.217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L217-13 of the Consumer Code

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from the latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or non-contractual nature which is recognized to him by the law.

12 – Warranty against hidden defects

Article 1641 of the Civil Code

The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.

Article 1642 of the Civil Code

The seller is not held visible defects and the buyer was able to convince himself.

Article 1643 of the Civil Code

He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.

Article 1644 of the Civil Code

In the case of items 1641 and 1643, the buyer has the choice to return the item and get the price back or keep the thing and get a part of the price.

Article 1645 of the Civil Code

If the seller knew the defects of the thing, he is held, in addition to the return of the price he has received, all damages and interest to the buyer.

Article 1646 of the Civil Code

If the seller was ignorant of the defects of the thing, he will be held only to the restitution of the price, and to refund to the purchaser the expenses occasioned by the sale.

Article 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

13 – Right to retract

This right of withdrawal is made by message to the contact email address by returning the withdrawal form (provided when sending the invoice) duly completed, dated and signed. The latter entitles the customer to a refund of the sums already paid by him within 7 days of receipt of the first payment. Any request for retraction that does not meet the legal deadline or does not provide enough information will not be taken into consideration.

Article L312-52

The contract of sale or provision of services is automatically settled, without compensation:

1 ° If the lender has not, within seven days from the acceptance of the credit agreement by the borrower, informed the seller of the credit allocation;

2 ° Or if the borrower has exercised his right of withdrawal within the period provided for in Article L. 312-19.

However, where the borrower, by express request, requests delivery or immediate supply of the goods or services, the exercise of the right of withdrawal of the credit agreement does not automatically result in the cancellation of the sales contract. Or the provision of services only if it occurs within three days of the borrower’s acceptance of the credit agreement.

The contract is not resolved if, before the expiration of the periods mentioned in this article, the purchaser pays cash.

Moreover, once the order for the raw materials is made with the different suppliers, or the work of making up the personalized goods is started and in application of articles L222-6 and L221-28 of the Consumer Code, the buyer recognizes and accepts that they no longer have the right of withdrawal when they buy goods made and / or customized at their request.

14 – Repayment Terms

The exercise of the right of withdrawal gives rise to a refund of the sums paid during the order as soon as possible and at the latest 14 days from the date on which you exercised this right. The refund will be made by bank transfer on the method of payment used during the purchase.

15 – Orders

The buyer agrees to pay for the goods ordered.

As part of the payment via the bank transfer solution the buyer undertakes and guarantees to have the necessary authorizations to use this means of payment.

TAPAPAT CREATIONS commits to honoring any order within the deadlines for the realization of the ordered goods that it has provided. However, TAPAPAT CREATIONS may refuse an order if it is passed abnormally or in bad faith or for any other legitimate reason, and in particular, when there is a dispute or dispute with the buyer regarding the payment of an earlier order.

Ordering a custom product is as follows:

1. The buyer makes a quote request via online form.
2. TAPAPAT CREATIONS sends an estimate by email (contact email address specified on the form) corresponding to the specifications entered via the form. The quote will include the total price as well as a fixed value to the sending of the parcel adapted to the country of residence of the customer.
3. The buyer:

A) Accepts the quotation and informs TAPAPAT CREATIONS, returns the estimate and all necessary elements dated and signed.

B) Refuses the quote and then has 7 months to use the quote created during the request. Once this period has passed, it will be mandatory to re-submit a quote request.

4. If the buyer accepts the quote, he can then either settle the sum of the entire order or proceed by installments (see section Payment) and then has a period of 7 days of withdrawal.
5. TAPAPAT CREATIONS following the receipt of the payment (s) (see section Payment) and once the withdrawal period has passed, will start the process of creating the product concept. TAPAPAT CREATIONS will then issue the order to its suppliers for the purchase of the necessary materials and will present the schedule of payments and shipments to the buyer.
6. The customer must provide the necessary elements for the realization of the product (DTD, measurements …)
7. If the buyer has opted for the payment option with deadlines, he will have to make the second payment of 30% before the beginning of manufacture.
8. TAPAPAT CREATIONS will then begin the product manufacturing process.
9. If the buyer has opted for the payment option with deadlines, he must finally proceed to the payment of the remaining 30% as well as shipping costs when the product will be declared as finished by TAPAPAT CREATIONS.
10. TAPAPAT CREATIONS once the last part of the payment covered by the buyer, will then proceed to the shipment of the product through a designated carrier. The carrier fulfilling the characteristics necessary for the transport of the produced good to the physical address of the buyer. (Discount against signature, insurance of the property transported, internet monitoring …)
11. Upon receipt of the goods by the purchaser (see section on delivery terms), the actual 3-month product warranty will be charged.

The buyer will receive by e-mail the invoice relating to the order, the latter will be put in copy in the package.

16 – Payment

Payment by the buyer is made outside the site, by bank transfer to the bank account number provided by TAPAPAT CREATIONS.

To this end, the buyer acknowledges and agrees that the payment will be made as follows:

Subject to request from TAPAPAT CREATIONS, the buyer can pay the total price in a single payment when approving the quote. 40% of the payment will be non-refundable once the legal withdrawal period of 7 days has passed.

The buyer can also pay the bill in several installments:

The buyer will have to pay a first deposit (known as payment A) as a credit in order to buy the raw materials necessary for the making of goods during the confirmation of the order.

The next 30% (Payment B) must be paid before the customization / fulfillment work begins. You can pay this 30% in several times (up to 3 times maximum). The garment work will only begin when all 30% of this payment is paid by the buyer. If the buyer does not pay the full amount before the deadline, they are exposed to a cancellation of the order with refund of any payment made after the down payment. The deposit (Payment A) will be retained. If a character has been specifically created by TAPAPAT CREATIONS for the canceled order, it will be resold.
The remaining 30% (Payment C) must be paid before the finished product is shipped (up to 3 installements maximum). The product will be retained by TAPAPAT CREATIONS until the customer makes the last payment in full.

Late fees will apply at the rate of 15% per day late of the payment amount (payment B or C) to be paid as of the first day following the due date of such payment (or after the announcement of the delivery price for the last payment).

If the buyer fails to pay these amounts during the next 30 days following the first expected payment, the order will be automatically canceled. In addition, late fees will be billed to the buyer, the first 30% (Payment B) will be refunded, what has already been made will be changed and sold as a new and unique product. If the costume was created from a character design created specifically for that order, the costume and character will be resold without modifications.

The buyer acknowledges and accepts that payment validation constitutes a payment order.

No discount will be granted in case of advance payment.

17 – Personal data

Personal information: “information that allows, in any form whatsoever, directly or indirectly, the identification of natural persons to which they apply” (Article 4 of Law No. 78-17 of 6 January 1978).

In France, personal data are protected in particular by the law n ° 78-17 of January 6th, 1978, the law n ° 2004-801 of August 6th, 2004, the article L. 226-13 of the Penal Code and the European Directive of the October 24, 1995.

In accordance with the provisions of Article 38 et seq. Of Law 78-17 of 6 January 1978 relating to data, files and freedoms, all users have a right of access, rectification and opposition to personal data. Concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the answer must be sent.

The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.

TAPAPAT CREATIONS undertakes not to use the personal data of buyers for purposes other than the processing of the order, delivery, billing, follow-up of the relationship with it or any disputes with the latter and in particular to insert no advertising for himself or for anyone in any form whatsoever in his communications with them.