Terms and Conditions

GENERAL TERMS AND CONDITIONS OF ONLINE PRODUCT SALES

Last updated 17/04/2020

Welcome to the Tahiti Candles website (the “Website”).

By placing an order with Tahiti Candles (“Tahiti Candles”, “we”, “us” or “our”) for products sold on the Site (“Products”), you will be deemed to have read, understood, and accepted these terms and conditions of online sale (“Terms and Conditions of Sale”). Please read them carefully, and if you are not satisfied with their content, we advise you to contact our Customer Service before placing any order with us.

We may modify these Terms and Conditions of Sale at any time. To see the date of the last update to these Terms and Conditions of Sale, please refer to the top of the page. Each time you order Products from us, the Terms and Conditions of Sale in effect on the date of the order will apply to the contract between you and us. If we need to modify these Terms and Conditions of Sale and this has a significant impact on your order, we will contact you to explain the changes well in advance and the procedure to follow to cancel the contract if you are not satisfied with them.

ABOUT TAHITI CANDLES

All sales on this Website are made by Tahiti Candles, a company registered in Papeete under number Tahiti D29380, RCS PAPEETE number 19 184 B and the head office is located Sarateva 3rd floor N°D3, Vallée de Titioro, 98713 Papeete, French Polynesia.

OTHER POLICIES

Other policies, including the following (which can be viewed by clicking on the links below), are also an integral part of these General Terms and Conditions of Sale and should be read carefully before placing an order:
– Privacy Policy (relating in particular to the collection and processing of your personal data in connection with your purchase of products on our Website);
– Cookie policy;
– Website Terms of Use;
– Precautions for using candles.

ELIGIBILITY

To make a purchase through the Website or to use any of the services or features we offer on the Website, you will need to create an account. During registration, you will need to provide us with information about yourself, including your name, telephone number, and email address, which must be accurate, current, and complete in all respects. If any of the information you provided during registration changes, you must immediately update your online account. We may modify the registration requirements at any time. Furthermore, you will need to provide bank details when placing any order. You represent and warrant that the bank details you provide with any order are valid and correct, and that you are the person whose name appears on the invoices submitted.

The purchase of Products via the Website is strictly limited to persons who can legally enter into contracts on the Website in accordance with French law.

PRICING POLICY

We have taken great care in preparing the content of this Website, particularly to ensure that the details, descriptions, and prices listed are accurate. However, we will only accept orders if there are no significant errors in the product descriptions or prices as displayed on the Website. All prices include VAT and exclude delivery charges. The total amount of your order is the price of the Products ordered plus VAT at the applicable rate and the delivery charges shown during the checkout process.

We will not debit your bank account until your order has been shipped. The prices of the products in your cart will always be the same as the most recent prices shown on the product details page.

Please note that no VAT exemption will be granted for online orders. We invite you to contact us for any further information.

AVAILABILITY

All products are subject to availability. Prices as displayed on our website will apply as long as the products are available or for any period specified therein. We will inform you as soon as possible if the products you have ordered are unavailable.

ORDER ERRORS

You can correct any erroneous order as long as you have not clicked the "Place Order" button (or equivalent) on the last page of the ordering process.

CONFIRMATION AND ACCEPTANCE OF YOUR ORDER

We will send you an order confirmation email containing your order number as soon as possible. If we are unable to fulfill your order after confirming it, we will notify you by email or telephone. We will confirm acceptance of your order in an email stating that the products have been shipped ("Shipping Confirmation"). A legally binding contract between you and us will be formed upon sending the Shipping Confirmation (or, in the unlikely event that, due to a processing error, no Shipping Confirmation has been sent, upon shipment of the Products by our services) ("Contract"). If you require any information regarding your order, please write to us at contact@tahiticandles.com, quoting your order number. We may refuse your order if the product you wish to purchase is no longer in stock, if we have identified an error concerning an item, or if we are unable to obtain authorization for your payment.

PRE-ORDER

In the event of stock shortages or payment authorization refusal by banking institutions, Tahiti Candles reserves the right to cancel or suspend any pre-order until shipment. Express delivery is not available for pre-orders.

DELIVERY

Deliveries can only be made within Tahiti. Not all of our delivery methods may be available throughout Tahiti. If you have any questions regarding delivery outside of Tahiti and French Polynesia, we advise you to contact our Customer Service department at +689 87 30 56 58.

We deliver the Products according to the delivery method you have chosen. When used, the term "business day" excludes Saturdays, Sundays, and public holidays. Upon delivery of the Products, we will provide you with sufficient information to allow you to exercise your legal right of withdrawal and to address any withdrawal request to the appropriate recipient or return the Products. For more information, please refer to the sections concerning returns and the right of withdrawal in these General Terms and Conditions of Sale.

If offered, free delivery will only apply to standard delivery. 24-hour delivery, express delivery, and international delivery are excluded from this offer. We will make every effort to deliver the ordered Products within 2 to 4 business days from the date of conclusion of the Contract.

INSPECTION

You must inspect the Products upon receipt and verify that everything listed on the delivery note is present. We will consider that you have accepted the order unless you notify us otherwise (and return the Products in accordance with your right of withdrawal or any other legal right (as stipulated in clauses 11 and 12 below).

YOUR RIGHT OF WITHDRAWAL

As a consumer, you have the legal right to withdraw from a Contract within 14 days of delivery of the Products. This means that during this period, if you change your mind or decide, for any reason, that you do not wish to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

The right conferred upon you to return items to us does not apply to Products (i) made to your specifications; or (ii) which have been visibly personalized; or (iii) which, by their nature, cannot be returned or are liable to deteriorate or reach their expiry date rapidly; or (iv) which are packaged and cannot be returned for reasons of protection or hygiene, if they have been unpacked upon delivery.

To cancel a Contract, you simply need to return your order.
If you need more information regarding the return of your order, you can email contact@tahiticandles.com or contact our Customer Service department by mail at the following address: Customer Service, TAHITI CANDLES Sarateva, 3rd Floor, Apt. D3, Vallée de Titioro, 98713 Papeete, French Polynesia. If you send us a letter or email, please include information about your order to help us identify it.

If you withdraw within 14 days from the date of delivery of the products:
(a) You must return them to us as soon as possible (in the original and unopened packaging) and at the latest within 7 days from the day on which you notified us of your wish to cancel it;
(b) In the case of sending by post, we recommend that you request proof of postage since we do not assume any responsibility for Products lost in transit;
(c) We will refund the price of the Products. However, please note that your refund may be reduced to take into account any depreciation of the Products if you have handled them in an unauthorized manner.
(d) We will not refund the delivery charges you have paid.
(e) If you cancel your order but do not return the Products to us within 14 working days of notifying us of your wish to cancel the order, we will be entitled to retain the refund amount.

YOUR OTHER RIGHTS REGARDING PRODUCT RETURNS

Please remember that when we accept your order for products on this website, you are entering into a legally binding contract.

We are committed to delivering Products that conform to those you ordered. As a consumer, you have rights under the law if the Products are defective or do not conform to their description.

In particular, we are subject to the legal guarantee conditions provided for in Articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code.

However, we cannot be held liable if the non-performance or poor performance of the Contract is due to an action on your part, an unforeseeable and insurmountable event caused by a person outside the Contract (our service providers are not considered as such), or a case of force majeure.

OUR RESPONSIBILITY IF YOU SUFFER LOSS OR INJURY

We are liable to you for any foreseeable loss or damage attributable to us. If we fail to comply with the provisions herein, we are liable for any loss or damage you have suffered that is a foreseeable result of our breach of this agreement or of our failure to perform any duty that you could reasonably expect from a professional. Loss or damage is foreseeable if it is obvious that it will occur, or if, at the time of entering into the Contract, both you and we were aware that it was likely to occur, for example, if you discussed it with us during the sales process.

We do not exclude or limit, in any way, our liability to you if doing so is contrary to law. This includes liability for death or personal injury caused by our negligence or that of our employees, agents, or subcontractors.

We only deliver Products intended for domestic and private use. You agree not to use the Products for commercial, professional or resale purposes, and we assume no liability to you for any loss of profits, loss of business, business interruption, or loss of business opportunities.

QUESTIONS AND COMPLAINTS

If you have any questions regarding these General Terms and Conditions of Sale or if you wish to report any problems relating to the Products, please contact us by email at contact@tahiticandles.com or at the following address:

AVEI'A EURL – TAHITI CANDLES Sarateva 3rd floor N°D3, Vallée de Titioro, 98713 Papeete, French Polynesia.

Transfer of rights

We may transfer our rights and obligations under this agreement to another legal entity, and we will always notify you in writing if this happens, but this will not affect your rights and obligations under this agreement. You may only transfer your rights and obligations under this agreement to another person if we have given our written consent.

APPLICABLE LAW, JURISDICTION AND LANGUAGE

The Website, all content contained therein, and any contract entered into as a result of its use are governed by French law. The parties agree to submit any dispute to the exclusive jurisdiction of the Commercial Court of Papeete. All contracts are concluded in French.