Preambule
The RAU HOTU TAHITI website is the property of TAHITI BIO NATURA SARL, in its entirety, as well as all rights pertaining thereto. Any reproduction, in whole or in part, is subject to the authorization of the owners. However, hypertext links to the site are authorized without specific requests if they have an informative nature and not a commercial purpose.
1. Acceptance of conditions
The customer acknowledges having read, at the time of placing the order, the general terms and conditions of sale stated here and on our RAU HOTU TAHITI website and expressly declares to accept them without reserve. These general terms and conditions of sale govern the contractual relations between TAHITI BIO NATURA and its customer, both parties accepting them without reserve. These general terms and conditions of sale shall prevail over any other conditions appearing in any other document, unless there is a prior, express, and written derogation from TAHITI BIO NATURA.
2. Products
Photographs, videos, sounds, images illustrating the products and the RAU HOTU TAHITI website do not fall within the contractual scope. If errors have crept in, under no circumstances shall the liability of TAHITI BIO NATURA be engaged. The majority of the products offered on the website are available in our warehouse.
3. Ordering
Orders are to be placed through one of the sales channels of TAHITI BIO NATURA - RAU HOTU TAHITI. A sales channel refers to the various channels or mediums offering RAU HOTU TAHITI products for sale, notably those presented on the RAU HOTU TAHITI website of TAHITI BIO NATURA or the FB page of RAU HOTU TAHITI. Automatic recording systems are considered as proof of the nature, content, and date of the order. TAHITI BIO NATURA confirms acceptance of its order to the customer at the email address provided by the customer. The sale will only be concluded upon confirmation and payment of the order. TAHITI BIO NATURA reserves the right to cancel any order from a customer with whom there is a dispute regarding the payment of a previous order. The information provided by the buyer when placing the order binds them: in case of error in the recipient's address or any other information necessary for the processing of the order, the seller shall not be liable for the impossibility to deliver the product.
4. Delivery
After order confirmation, TAHITI BIO NATURA undertakes to deliver to its carrier all references ordered by the buyer within a maximum period of 3 working days, excluding weekends, provided that the ordered products are in stock at the time of order validation. Please note that if a product is indicated as available and multiple orders are validated simultaneously, it is possible that a stock shortage may not be immediately indicated upon order validation. In this case, the customer is informed during the processing of their order, and the commitment to deliver to the carrier within 3 working days becomes void. Delivery is made according to the customer's choice of carrier. Only the carrier undertakes to deliver the order to the address provided by TAHITI BIO NATURA. Deadlines are provided for information purposes and are not contractual. Deadlines vary greatly depending on carriers, destination countries, and times of the year. Any delays do not entitle the buyer to claim damages or even reimbursement of shipping costs. For deliveries outside French Polynesia, the customer undertakes to pay all taxes due on the import of products, customs duties, value-added tax, and any other taxes due under the laws of the country of receipt of the order. TAHITI BIO NATURA is hereby released from any legal liability if the payment of taxes is not made by the customer. Events considered as force majeure releasing the seller from its obligation to deliver include war, riot, fire, strikes, accidents, impossibility of traffic when prohibitions come from official bodies (cyclone, tsunami, etc.), and impossibility of being supplied. Goods always travel at the recipient's risk. Always check your parcel upon arrival and refuse open or damaged parcels by stating this to the carrier. For reasons of availability, an order may be delivered in several installments to the customer. The customer then only pays for one delivery. If the customer wishes for 2 delivery locations, they place 2 orders, with associated delivery charges.
4.1. Undelivered PArcel
An undelivered parcel is considered a claim by TAHITI BIO NATURA as soon as the customer makes the request AND the maximum period announced on the website multiplied by 2.5 is exceeded. This multiplier of 2.5 is increased to 4 for all parcels shipped due to the Covid 19 epidemic or other pandemics. The refund or reshipment procedures are outlined in article 6. If a reshipment is carried out by TAHITI BIO NATURA, the customer must refuse the 2nd parcel if it turns out that it is ultimately delivered.
4.2. Undelivered Parcel returned to Tahiti Bio Natura
> Faults attributable to TAHITI BIO NATURA are :
- errors in transcribing the address entered by the customer on the parcel,
- and postage errors.
> Faults attributable to the carrier are :
- routing errors,
- Losses,
- thefts, or damage to parcels are not addressed by this article but by articles 5 and 7.
> Faults attributable to the customer are :
- refusal to accept parcels,
- unclaimed parcels,
- anomalies in the shipping address,
- RTS (Return to Sender) returns,
- unidentified mailboxes or recipients,
- inaccessible mailboxes.
The refund or reshipment procedures are outlined in article 6.
4.3. Damaged parcel
> In the event of receiving a damaged parcel, the customer must refuse it and note "damaged" on the carrier's delivery slip so that insurance can be applied.
> In the absence of a delivery slip, the customer must draw up a "spoliation report" on plain paper and co-signed by the carrier.
A copy of the delivery slip or annotated document must be sent to TAHITI BIO NATURA so that a reshipment of the parcel can be made at the expense of TAHITI BIO NATURA, or a refund of the parcel (products and other costs).
> In case of non-transmission of the delivery slip or annotated document to TAHITI BIO NATURA, the reshipment or refund can only take place within the shortest time between the return of the damaged parcel to TAHITI BIO NATURA or the expiration of the deadline in article 4.1.
> In the event of acceptance of the damaged parcel by the customer, TAHITI BIO NATURA is released from any liability.
5. Returns
From the receipt of the parcel, the customer has a period of 7 days to request a return. After agreement and transmission of a return number from TAHITI BIO NATURA, the customer must return the new, properly protected article(s), in its(their) original packaging, intact, accompanied by all relevant accessories, instructions, documentation, and a copy of the written agreement from TAHITI BIO NATURA, to the address provided with said agreement. Shipping and return costs remain the responsibility of the customer. No cash on delivery shipments will be accepted for any reason. This right of return can only be accepted for complete products, in their original condition (packaging, accessories, instructions…) with the original purchase invoice. Incomplete, damaged, or soiled items returned by the customer (including product packaging) will not be accepted. Promotional items or end-of-line items will not be accepted for return or exchange. Downloadable intangible goods cannot be returned or exchanged once an unlocking key has been provided and cannot be canceled. In case of exercising the right of withdrawal, TAHITI BIO NATURA is obliged to refund the sums paid by the customer, free of charge, except for shipping costs (outgoing and return) which are the responsibility of the customer. TAHITI BIO NATURA reserves the right to cancel any order from a customer with whom there is a dispute regarding the payment of a previous order or whose analysis elements transmitted by anti-fraud control bodies prove detrimental to TAHITI BIO NATURA.
6. Refunds
In case of fault attributable to TAHITI BIO NATURA, the customer has the choice between reshipment of their parcel at the expense of TAHITI BIO NATURA or a refund of the parcel (products and other costs). In case of fault attributable to the customer, the customer has the choice between reshipment of their parcel after payment of reshipment costs (including those of the carrier) or a refund of the products comprising their order (other costs, including those of the carrier, are not refunded). Refunds are made within 30 days after agreement from TAHITI BIO NATURA and can be made by Paypal, credit card credit, PayZen, NiuPay, SystemPay, bank transfer, or check. The payment method used may be different from that chosen by the customer to pay for their order. TAHITI BIO NATURA cannot be held responsible in case of fault attributable to the carrier, but may undertake to file a complaint with the carrier upon request and under conditions of provision by the customer of the necessary elements.
7. Complaints
Complaints are made only in French or English, even if the customer made their purchase in another language offered by the site.
They must be transmitted by email to tahitibionatura@gmail.com stating the order number.
Prescription period: any request made by the customer beyond 1 month from the date of the order cannot give rise to any complaint.
8. Availability
Product offers are made within the limits of available stocks. In this context, indications of product availability are provided to customers at the time of placing their order. These pieces of information coming directly from TAHITI BIO NATURA suppliers, errors or exceptional modifications are independent of the will of the company TAHITI BIO NATURA and cannot engage its liability. In case of product unavailability after placing an order, the customer will be informed by email or phone as soon as possible, and the customer can then cancel their order and be refunded according to the provisions of article 6.
9. prices
The prices of products sold by Tahiti Bio Natura are calculated in XPF and displayed in the currency chosen by the customer for indicative purposes. Fees and taxes are added and are valid as long as they are displayed on the screen. TAHITI BIO NATURA reserves the right to change its prices at any time, but products will be invoiced based on the rates in effect at the time of order registration subject to availability on that date. Products remain the property of TAHITI BIO NATURA until full payment is received.
10. Payment
The price invoiced to the customer is the price indicated on the order confirmation sent by TAHITI BIO NATURA via the chosen sales channel. Payment for purchases can only be made through the means offered on the sales channel. The order validated by the customer will only be considered effective when the concerned banking payment centers have given their approval. In case of refusal by these centers, the order will not be taken into account or will be canceled. For payment by check, the customer is required to attach a photocopy of their identity document. It is the customer's responsibility to report the successful execution of their deferred payments to TAHITI BIO NATURA to expedite the processing of their order.
10.1. Repudiation of a payment made by credit card
It is reminded that a customer can repudiate a payment by credit card only in case of "loss, theft, diversion, or unauthorized use of their payment instrument or the data associated with it" (article L133-17 of the Monetary and Financial Code). If the payment made is not fraudulent and a repudiation request is made, it is the credit card holder who commits fraud. In case of repudiation of a payment by the customer, the customer undertakes to inform TAHITI BIO NATURA within 3 days to explain the reasons. In agreement with TAHITI BIO NATURA, a new payment of the repudiated amount will be made by the customer within 30 days. Without customer information and beyond 3 days after Tahiti Bio Natura's observation of the repudiation, the repudiation will be considered as fraud by the customer.
11. disputes
This contract is subject to commercial law in force in French Polynesia. TAHITI BIO NATURA cannot be held responsible for damages of any kind, whether material, immaterial, or bodily, that may result from malfunction or improper use of the products sold. The same applies to any modifications to the products resulting from the manufacturers. TAHITI BIO NATURA's liability shall in any event be limited to the amount of the order and shall not be held liable for simple errors or omissions that may have persisted despite all precautions taken in the presentation of the products. It is recalled that the pursuit of an amicable solution does not interrupt the "brief period" of the legal guarantee or the duration of the contractual guarantee. It is reminded that, as a general rule and subject to the assessment of the Courts, compliance with the provisions of this contract relating to the contractual guarantee requires the buyer to fulfill their financial obligations towards the seller. Complaints or disputes will always be received with attentive benevolence, good faith being presumed in those who take the trouble to expose their situations. In case of dispute, the customer will first contact TAHITI BIO NATURA to obtain an amicable solution. Failing that, the Commercial Court of PAPEETE is solely competent, regardless of the place of delivery and the accepted payment method.
12. Guarantee
The products purchased are entitled to the legal guarantee in force. In any case, TAHITI BIO NATURA cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of receipt; TAHITI BIO NATURA's liability is systematically limited to the value of the product at the time of sale, without the possibility of recourse against the brand or the producing company of the product.
13. Intellectual Property
All texts, comments, works, illustrations, and images reproduced on the sales channels are reserved under copyright and intellectual property rights worldwide. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized subject to different or more restrictive provisions of the Intellectual Property Code. Any other use constitutes infringement and is sanctioned under Intellectual Property law unless prior written authorization is obtained from TAHITI BIO NATURA. Any total or partial reproduction of the electronic catalog or website of TAHITI BIO NATURA is strictly prohibited and will result in legal action.
14. Liability
The products offered comply with the legislation in force and applicable standards in French Polynesia.
Photographs, texts, graphics, information, and characteristics illustrating the products presented are indicative. Of course, for any questions about the products, the customer can contact the customer service of TAHITI BIO NATURA by email via the contact form. No item sold on the sales channels is intended for a child audience. Even if the objects pose no danger to a responsible adult, many parts could be swallowed or prove dangerous for a child. Therefore, all items on this site are intended solely for an adult audience. TAHITI BIO NATURA cannot be held responsible in case of accident occurring with a product purchased on the site for a child. Tahiti Bio Natura cannot be held responsible, in particular, in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, notably of postal services and means of transport and/or communication, flood, fire, cyclone, tsunami, and in the event of manifest error. TAHITI BIO NATURA shall not incur any liability for any immaterial and indirect damages resulting from the present, loss of business, loss of profit, loss of opportunity, damages, or expenses that may arise from the purchase of products. Hyperlinks may refer to other sites than the sales channel site or may come from other sites. TAHITI BIO NATURA disclaims all liability in the event that the content of these sites violates the legal and regulatory provisions in force.
15. Legal Information
Failure to provide information results in the non-validation of the order. The provision of personal information collected for distance selling purposes is mandatory, this information being essential for the processing and delivery of orders, the establishment of invoices and warranty contracts.