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Terms of uses

These conditions of sale are concluded on the one hand by the company Tomatofifou, whose head office is located in Le Bourg 63600 Saint-Ferréol-des-Côtes, registered in the Trade and Companies Register under number 843 496 266 00019 ci - hereinafter referred to as "Tomatofifou l'Association" and managing the tomatofifou.com site and, on the other hand, by any natural or legal person wishing to make a purchase via the tomatofifou.com website hereinafter referred to as "the buyer" .

Article 1: object

These conditions of sale are intended to define the contractual relationship between Tomatofifou l'Association and the buyer and the conditions applicable to any purchase made through the website tomatofifou.com. The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the tomatofifou.com site is not directly related to his professional activity and is limited to strictly personal use and on the other hand to have full legal capacity , allowing it to engage under these general conditions of sale.

Tomatofifou the Association retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or for the purpose of to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.

Article 2. Products

The products offered are those that appear on the tomatofifou.com website of the Tomatofifou company, within the limits of available stocks. Tomatofifou the Association reserves the right to modify the assortment of products at any time. Each product is presented on the website in the form of a description containing its main technical characteristics (capacity, use, composition, etc.). The photographs are as accurate as possible but do not bind the Seller in any way. The sale of the products presented on the tomatofifou.com site is intended for all hobby gardeners residing in countries which fully authorize the entry into their territory of these products.

 

Article 3. Rates

The prices appearing on the product sheets of the internet catalog and are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the price of the products. Tomatofifou l'Association reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order. In mainland France, for any order greater than or equal to 20 euros including tax, shipping costs are free; for any order less than 20 euros including tax, a flat rate contribution to shipping costs will be invoiced to the buyer in the amount of 2 euros including tax. For EU countries, for any order greater than or equal to 30 euros including tax, shipping costs are free; for any order less than 30 euros including tax, a flat rate contribution to shipping costs will be invoiced to the buyer in the amount of 4 euros including tax. For all other countries for any order greater than or equal to 30 euros including tax, shipping costs are free; for any order less than 30 euros including tax, a flat rate contribution to shipping costs will be invoiced to the buyer in the amount of 5 euros including tax

Article 4. Order and terms of payment

Before placing an order, the buyer must create an account on the tomatofifou.com website. The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile, etc.), must identify himself using this information. The Tomatofifou company offers the buyer to order and pay for his products in several stages, with 3 payment options to choose from:

Section 4.1. Payment by check

the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the method of payment of his choice: "Payment by check". Finally, the last step offers him to check all the information, read and accept these general conditions of sale by ticking the corresponding box, then invites him to validate his order by clicking on the button “Confirm my order”. This last click forms the final conclusion of the contract. Upon validation, the buyer receives an order form confirming the registration of his order. In order to finalize his payment and trigger the processing of his order, the buyer must print this order form, accompanied by his check made out to "Tomatofifou" at the following address: Tomatofifou, 2 Impasse des pommiers 63600 Saint -Ferréol-des-Côtes. No cash payment should be sent. Only checks issued by a French bank will be accepted. Upon receipt of the check, the order will be processed and the buyer will be informed by email. Tomatofifou l'Association will ship the products at the earliest 2 working days after cashing the check corresponding to the order, subject to provisions.

Section 4.2. Payment by bank transfer

The buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the method of payment of his choice: “Payment by bank transfer”. Finally, the last step offers him to check all the information, read and accept these general conditions of sale by ticking the corresponding box, then invites him to validate his order by clicking on the button “Confirm my order”. This last click forms the final conclusion of the contract. Upon validation, the buyer receives an order form confirming the registration of his order. In order to finalize his payment and trigger the processing of his order, the buyer must contact his bank in order to make the transfer corresponding to the amount of his order to the bank account of Tomatofifou l'Association, whose details are communicated to the Buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. Tomatofifou l4association will ship the products at the earliest 2 working days after receipt of the transfer corresponding to the order, subject to provisions.

Section 4.3. Secure payment by Paypal or credit card (via the PAYPAL system)

the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the method of payment of his choice: "Payment by Paypal". The next step offers him to check all the information, read and accept these general conditions of sale by ticking the corresponding box, then invites him to validate his order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure PAYPAL interface in order to securely inform his Paypal account references or personal credit card. If the payment is accepted, the order is registered and the contract definitively formed. Payment by Paypal account or credit card is irrevocable. In case of fraudulent use of it, the buyer may demand the cancellation of the payment by card, the sums paid will then be credited or returned. The responsibility of the holder of a credit card is not engaged if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must contest, in writing, the direct debit from his bank, within 70 days following the transaction, or even 120 days if the contract binding him to the latter so provides. The amounts withdrawn are reimbursed by the bank within a maximum period of one month after receipt of the written dispute filed by the cardholder. No cost of restitution of the sums can be charged to the holder.

The confirmation of an order entails acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation of availing oneself of its own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an e-mail address and if he has entered it on his order form, the company Tomatofifou will send him by e-mail the confirmation of the registration of his order.

If the buyer wishes to contact the company Tomatofifou, he can do so either by post to the following address: Tomatofifou, Le Bourg 63600 Saint-Ferréol-des-Côtes; either online via the contact page (here).

Article 5. Retention of title

Tomatofifou the Association retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included.

Article 6. Withdrawal

Under article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return shipping costs.

Article 7. Delivery

Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area. Delivery times are given for information only; on working days the parcels are delivered to the carrier within 24 hours of validation of the order (on receipt of payment), if the delivery times exceed thirty days from the order, the sales contract may be terminated and the buyer refunded. Tomatofifou the Association will be able to provide the buyer with the tracking number for their shipment by e-mail, the buyer must enter this number directly into the tracking tool on the chosen carrier's site. The buyer is delivered to his home by his postman. In the context of home delivery, in the event of the buyer's absence, he will receive a delivery notice from his postman, which allows him to collect the products ordered from the nearest post office, for a period indicated by the postal services. Please note that the transit advice note is not systematically filed, so follow the progress on the carrier's website using the tracking number. The risks associated with transport are the responsibility of the seller. The buyer is required to check, in the presence of the La Poste employee, the delivery person, or the partner present in the chosen relay point, the condition of the packaging of the goods and its contents on delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.

Section 7.1. Carriers

Article 7.1.1 Mailing

Home orders are made by La Poste by registered mail or by registered mail without signature. The buyer is delivered to his home by his postman.

Orders sent to relay points are processed via the Mondial Relay network. The package is shipped to the partner establishment of the Mondial Relay network selected by the buyer at the time of his order.

7.2. Prices

Deliveries are made exclusively by the Post Office. The price for France is

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France
Rate applicable in metropolitan France.
2,00€ ttc
UE
tariff applicable in the majority of European countries.
4.00€ ttc
Other Eligible Countries
Rate applicable for other eligible countries.
not available
France
Rate applicable in metropolitan France.
5,00€ ttc
UE
tariff applicable in the majority of European countries.
6,00€ ttc
Other Eligible Countries
Rate applicable for other eligible countries.
8,00€ ttc

Article 7.3. Livraison gratuite

A free delivery offer may automatically apply to your order once the total amount of your items present in it has reached a minimum total. This minimum amount varies according to the area to be served (see the table below). The free delivery option only appears when you are identified and the delivery address is specified. The minimum amount displayed on the entire site corresponds to the eligible delivery zone.

Free delivery
France
Offer applicable in metropolitan France from:
20,00€ of purchase
Europeen Union
Offer applicable for European countries eligible from:
30,00€ of purchase
International
Offer applicable for all other eligible countries from:
50,00€ of purchase

Article 8. Warranty

All the products supplied by Tomatofifou l'Association benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned to the Tomatofifou l'Association which will take it back, exchange it or refund it. Despite all the care taken in harvesting the seeds, Tomatofifou l'Association cannot guarantee the varietal purity of these seeds. All complaints, requests for exchange or refund must be made by post to the following address: Tomatofifou l'Association, Le Bourg 63600 Saint-Ferréol-des-Côtes, within thirty days of delivery.< /p>

Article 9. Liability

Tomatofifou the Association, in the distance selling process, is bound only by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.

Article 10. Intellectual property

All elements of the tomatofifou.com website are and remain the exclusive intellectual property of the Tomatofifou l'Association. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.

Article 11. Personal data

The Tomatofifou association undertakes to preserve the confidentiality of the information provided by the buyer, which he would have to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He can make the request at any time by mail to the following address: Tomatofifou, Le Bourg 63600 Saint-Ferréol-des-Côtes.

Article 12. Settlement of disputes

These distance selling conditions are subject to French law. For all disputes or litigation, the competent court will be that of Ambert

Tomatofifou.fr having merged with Tomatofifou.com, they now form a single website.
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