Tunetoo | Terms and Conditions of Sales

1. Commercial purpose

Tunetoo offers customised and non-customised products (clothing, items, accessories) sold via its website to private and professional customers.

2. Order

Placing an order implies unreserved acceptance of these Terms and Conditions of Sale.

The order becomes firm and final upon receipt of payment.

A confirmation e-mail is automatically sent to the customer.

Tunetoo reserves the right to refuse or cancel any order for a legitimate reason (existing dispute, non-payment, fraudulent use).

3. Right of withdrawal – Non-customised products

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the consumer has a period of fourteen (14) days to exercise their right of withdrawal without having to give any reason.

This period runs from the receipt of the goods by the consumer or by a third party designated by them.

To exercise their right of withdrawal, the consumer must notify their decision using the withdrawal form or any other unambiguous statement sent by post or by e-mail.

Return address:
SC EMPIRE
5 Chemin de Terrefort
31700 Cornebarrieu – France

Return costs are borne by the consumer.

The refund will be made no later than fourteen (14) days from the date on which the trader is informed of the decision to withdraw, using the same means of payment as that used for the order.

Customised products – Exclusion of the right of withdrawal

In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to goods made to the consumer’s specifications or clearly personalised (customised products).

For non-customised products, the consumer benefits from the right of withdrawal under the conditions set out in this article.

The consumer’s liability is engaged only with regard to any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.

On a purely commercial basis and without this constituting a right for the customer, Tunetoo may, at its sole discretion, accept the cancellation of an order for customised products before shipment.

In such a case, costs already incurred will remain payable by the customer. These costs may notably include:

- sourcing or cancellation fees charged by suppliers;

- costs of creating mock-ups, embroidery digitisation or technical preparation;

- any other expense directly incurred for the fulfilment of the order.

Any refund will only cover amounts that have not already been incurred in the fulfilment of the order.

The standard withdrawal form is available at the following address: https://www.tunetoo.co.uk/formulaire-retractation.php

4. Product description and marking

Product characteristics are described as accurately as possible.

Slight differences in shade or placement may appear between the on-screen mock-up and the final product, without affecting the conformity of the product.

5. Designs

The customer warrants that they hold the rights to the files, texts or images uploaded.

Tunetoo accepts no liability in the event of infringement of copyright, trademark rights or image rights.

6. Product availability

In the event of unavailability after an order, Tunetoo will offer an additional timeframe, an equivalent product or a refund with the customer’s agreement.

7. Prices

Prices are expressed in euros, including all taxes (VAT included), excluding delivery charges.

Customs duties may apply for deliveries outside the European Union.

8. Customisation mock-up

Depending on the level of customisation, Tunetoo may request validation of a proof (BAT – Bon à Tirer).

Validation of the proof constitutes final agreement.

9. Customer information

The customer is responsible for the accuracy of the information provided (address, contact details, visuals, etc.).

10. Payment

Payment is made online via a secure interface (SSL protocol) of Crédit Mutuel Arkéa.

Accepted means of payment are specified on the payment page.

11. Delivery

Products are manufactured to order.

The production time is generally from 10 to 15 working days.

The delivery time after dispatch is 24 to 72 hours.

In accordance with Article L.216-1 of the French Consumer Code, the maximum delivery period is set at 30 days.

In the event of delay, the consumer may give Tunetoo formal notice to effect delivery within an additional reasonable period, and then terminate the contract in accordance with the law.

12. Returns policy

The full returns policy is available at:

https://www.tunetoo.co.uk/retour

13. Invoicing

Invoices are issued automatically and are available in the customer area.

14. Legal warranties

(Article D211-2 of the French Consumer Code) Legal warranty of conformity and warranty against hidden defects

The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal warranty of conformity in the event of a lack of conformity.

During this period, for new goods, and within a period of one year for second-hand goods, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract of sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty of conformity applies to that digital content or digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

The legal warranty of conformity entails an obligation for the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal warranty of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer requests repair of the goods, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods if:
1° The trader refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular where the consumer permanently bears the costs of taking back or removing the non-conforming goods, or where they bear the costs of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the warranty that remained to run until delivery of the restored goods.

The rights mentioned above result from the application of Articles L.217-1 to L.217-32 of the French Consumer Code.

A seller who, in bad faith, obstructs the implementation of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual turnover (Article L.241-5 of the French Consumer Code).

The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect.

This warranty entitles the consumer to a price reduction if the goods are kept, or to a full refund against return of the goods.

15. Legal notices

Publisher: SC EMPIRE, SAS
Registered office: Rue Cantelaudette, 33310 Lormont
RCS Bordeaux 988 917 522
Intra-Community VAT number: FR12988917522
Publication director: Clément Rodriguez
Host: OVH SAS – Roubaix

16. Data protection

Personal data are processed in accordance with the GDPR.

Rights may be exercised at: sav@tunetoo.com

Information: https://www.tunetoo.co.uk/protection-des-donnees

17. Governing law and jurisdiction

These Terms and Conditions of Sale are governed by French law.

18. Retention of title

Products remain the property of Tunetoo until full payment of the price.

19. Force majeure

In the event of an occurrence qualifying as force majeure within the meaning of Article 1218 of the French Civil Code, preventing the performance of its obligations, those obligations are suspended for the duration of the event.

If the impediment is permanent, the contract is terminated automatically in accordance with the law.

20. Limitation of liability

SC EMPIRE’s liability cannot be engaged in the event of misuse of the product or of facts attributable to the consumer.

No provision of these Terms and Conditions of Sale may have the effect of limiting or excluding the consumer’s legal rights or the trader’s liability in the event of failure to fulfil its legal obligations.

21. Consumer mediation

In accordance with Article L.616-1 of the French Consumer Code, the consumer may free of charge refer the matter to the following mediator:

CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
14 rue Saint Jean – 75017 Paris
www.cm2c.net – cm2c@cm2c.net

Terms and Conditions of Sale – Tunetoo

Preamble

1. Commercial purpose

2. Order

3. Right of withdrawal – Non-customised products

4. Product description and marking

5. Designs

6. Product availability

7. Prices

8. Customisation mock-up

9. Customer information

10. Payment

11. Delivery

12. Returns policy

13. Invoicing

14. Legal warranties

15. Legal notices

16. Data protection

17. Governing law and jurisdiction

18. Retention of title

19. Force majeure

20. Limitation of liability

21. Consumer mediation