General terms and conditions of sale

TCHAO-TCHAO

GENERAL TERMS AND CONDITIONS OF SALE

Updates to 01/06/2023

Welcome to Tchao-Tchao.com!

The company TCHAO TCHAO,

A simplified joint stock company with capital of 1,340.00 euros, headquartered at 25, rue Lenepveu - 49100 ANGERS, registered in the ANGERS Trade and Companies Register under no. 914 016 878 (hereinafter referred to as the " Company " ) specializes in the creation and sale of removable conversion kits that transform a vehicle (car or van) into a converted van.

The Company publishes the e-commerce website available at the following URL address https://tchao-tchao.com/ (hereinafter referred to as the "Site ) .

All sales of products offered by the Company on its Site are subject to the present terms and conditions of sale.

We would therefore like to draw your attention to the importance of reading them thoroughly before placing any order.

ARTICLE 1. PURPOSE

The present general conditions of sale (hereinafter referred to as "the GTC") are concluded between the Company and any natural person of legal age acting as a consumer and wishing to make a purchase on the Site. (hereinafter referred to as "you carrying") on the following products offered for sale by the Company:

Removable conversion kits to transform a vehicle (car or van) into a converted van

Camping equipment and accessories in conjunction with furnishing kits

Together, hereinafter referred to as( "Products ).

The present GTC apply, without restriction or reservation, to all sales of Products offered by the Company on the Site.

ARTICLE 2. PRODUCTS

2.1 Characteristics of the Products

The essential characteristics of the Products are described and presented on the Site with the greatest possible accuracy.

For each Product on sale on the Site, the Company undertakes to provide a description of its essential characteristics. TCHAO TCHAO has made every effort to provide you with as much information as possible to enable you to find out about the Products before placing your order.

If, despite all the care taken in the drafting of these descriptions, errors or omissions appear, the Company cannot be held responsible.

The descriptions of the Products as well as the photographs have only an indicative value and do not enter the contractual field.

If you notice an error or an omission in the description of the Products, you can contact Customer Service through the "Contact" section of the Site.to inform him. The Company undertakes to correct any errors or omissions as soon as possible.

In any case, the choice and purchase of a Product are your sole responsibility. It is therefore your responsibility, before placing your order, to refer to the description of each Product on the Site in order to know its essential characteristics.

2.2 Product availability

The Products offered for sale by the Company are those listed on the Site, on the day of your consultation.

The Products are offered for sale within the limits of available stocks and the Company's supply possibilities from its suppliers.

The Company may modify at any time the range of Products offered for sale on the Site.

In the event that a product is unavailable after you have placed your order, due to non-delivery by the Company's suppliers or a stock discrepancy, you will be informed by e-mail as soon as we receive the information communicated by the supplier or the Company's logistics department, and, where possible, you will be offered a replacement for the Product ordered and unavailable by a similar Product.

If the Company is unable to offer you a similar Product, or if you refuse the replacement of the Product ordered and unavailable by the similar Product offered by the Company, your order will be cancelled and reimbursed by the Company.

ARTICLE 3. PRODUCT PRICES AND DELIVERY CHARGES

The prices of the Products are indicated on the Site in euros (€) inclusive of all taxes, excluding delivery charges. They take into account the VAT applicable on the day of your order.

Any change in the applicable VAT rate will automatically be reflected in the price of the Products offered for sale on the Site.

The Company reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time your order is registered, subject to the availability of the said Products.

The delivery charges applicable to your order of Products are indicated in the "Shopping Cart" section, once you have selected the Product(s) likely to interest you.

The amount of these delivery charges depends on the delivery method selected by you, the number of Products ordered and your delivery address, the precise and definitive amount of the delivery charges being communicated once you have selected your delivery method and, if applicable, provided the details of your delivery address and, in any event, before proceeding with the payment of your order.

ARTICLE 4. ORDERING

4.1 Browsing the Site

You are free to browse the various pages of the Site, without being bound by any order.

You can thus find out about the various Products offered for sale by the Company on its Site, and in particular check the compatibility of the Products offered for sale with your vehicle on the following page: https://tchao-tchao.com/pages/ les-kits.

4.2 Product selection

By browsing the Site, and after checking the compatibility of your vehicle if applicable, you can select the Products of your choice, excluding their type and quantity, and then click on "Add to Cart".

A tab activating the contents of your basket appears, allowing you either to return to the page of the Product you have selected by clicking on the image corresponding to the Product you have selected, or to continue your optional purchases by clicking on the "Continue shopping" link.

To continue ordering the selected Product, at the end of this first step If you wish to pay by credit card, you can either click on "Proceed to payment" after selecting the Product, or at any time while browsing the Site by clicking on the "Shopping Cart" tab.

Viewing the basket

At any time, you can consult the contents of your basket and thus :

Take note of the nature and quantity of the Products selected;
Modify the quantity of selected Products ;
Delete one or more selected Products ;
Know the flat-rate delivery charge, subject to upward adjustment once you have provided details of your delivery address and before proceeding to payment of your order;
Know the total amount of VAT on your entire order;
To know the total amount including VAT of your order.

Once you have checked that the contents of your basket meet your expectations and corrected any errors, you can click on the "Proceed to checkout" button.

Order and payment validation

During the second stage Once you have clicked on the "Proceed to payment" button, you will be taken to a page where you can :

Enter your e-mail address (and, if you wish, select the option of also receiving Company news and offers by e-mail by ticking the appropriate box);

Select the delivery method: Shipping ("Ship") or pick-up at the Company's pick-up center ("Pick-up"):

If you select the "Ship" delivery method:

You are invited to fill in the delivery address, providing the recipient's identity and telephone number (optional for the telephone number, but recommended). On this occasion, and if you wish, you can also save this information for the next time by ticking the appropriate box.

You are then invited to click on the "Continue to shipping" button,

A new page opens with :

your contact information and shipping address, which you can modify directly if necessary,
the final amount of the delivery charge, taking into account the delivery method you have selected, your delivery address and the number of Products ordered

you can then either click on "Return to information" to correct any errors, or click on the "Continue to payment" button to extend your order.

If you select the "Collect" delivery method:

The address of your nearest retirement center is displayed,
The collection at the collection center is free of charge,
You can then click on "Back to basket", or click on the "Continue to payment" button to extend your order.

During the THIRD STEP At the end of the order process, after clicking on the "Continue to payment" button, you will be taken to a page allowing you to :

Read the summary of your order,
Get a reminder of the total amount of VAT on your entire order, the total amount including VAT on your order
Select the payment method of your choice (credit card, via ALMA in 2 to 4 instalments, cheque or bank transfer); if you choose to pay by credit card, you must enter your card details
Fill in your billing address, providing the recipient's identity and telephone number (optional for the telephone number, but recommended).

At the end of this third step, after confirming that you have read and accepted the present GTC, as well as the General Terms of Use and the Privacy Policy of the Site, by ticking the appropriate box, you can definitively confirm your order and proceed to payment by clicking on the "Pay now" button.

4.5 Conclusion of the order

The sale is definitively concluded between the Company and you when the payment is made and accepted.

Once your order has been definitively validated and completed, the Company acknowledges receipt by sending you an order confirmation e-mail summarizing the details of your purchases and including a link to the present GTC.

For any question relating to the follow-up of your order, you can contact the customer service of the Company:

by telephone: +33 (0)2.52.35.25.51 from 9 a.m. to 5.30 p.m.
By e-mail: info@tchao-tchao.com

ARTICLE 5. PAYMENT

The Company reminds you that the final validation of your order implies your obligation to pay the price indicated.

The total amount of your order corresponds to the purchase price of the Products, plus delivery costs. It is payable in cash and in full upon validation of your order.

Payment for your order can be made :

By credit card using the secure payment solution provided by the Company's financial partner (Payplug)
By the solution of payment in several times proposed by the financial partner of the Company (ALMA) by informing the information of your bank card,
By check (payment in two instalments of 50% is possible)
By bank transfer (payment in two instalments of 50% is possible)

Payment by credit card is made on the basis of the bank details you will have provided during the registration of your order.

The cardholder is subject to a validation and authorization check by the card issuer. If this organization refuses to authorize payment, the Company cannot accept your order, nor respond to any delay or refusal of delivery.

Your bank account is debited with the amount of your purchases as soon as your order is validated

The Company cannot be held responsible for any charges that may be levied by your credit card issuer or bank in connection with the payment of your order by credit card.

ARTICLE 6. DELIVERY

6.1 Delivery

To find out where Products can be delivered, please enter your delivery address in your shopping basket and select the delivery method you require.

Depending on the delivery method selected, Products are delivered to the nearest collection point or to your personal delivery address.

In case of delivery to your personal address, we draw your attention to the need to fill in your delivery details accurately and completely when ordering Products.

In the event of recovery in a collection center, it is up to you to withdraw your Products in this collection center as soon as possible.

Failing this, the Company shall not be held responsible for the impossibility of delivering the Products ordered.

Moreover, whatever the Products ordered, delivery by the Company can only take place after full and effective payment of your order.

6.2 Delivery methods

The delivery method proposed by the Company is delivery by GEODIS or GLS carrier.

The cost of delivery is indicated on the order confirmation page, according to the address you have entered and the delivery method you have chosen.

6.3 Delivery times

Unless a separate delivery period is expressly indicated on the Site, Products are delivered within an indicative period of two weeks.following receipt by the Company of payment of the total amount of the order.

In the event of a delay in the delivery of the Products, the Company will propose a new delivery date by e-mail.

if delivery times are exceeded

In accordance with the articles L.216-6 and L.216-7 of the Code of the consumption, in case of overtaking of the deadlines, for any other cause than your fact or the force majeure, you will have the possibility of cancelling your order in the following cases:

After formal notice has been sent to the Company to effect delivery within a reasonable additional period and as soon as such formal notice has remained without effect ;
If you prove that this delivery time was an essential condition of your order.

You must then send your formal notice or your request to cancel the order to the Company by registered letter with acknowledgement of receipt, to the address and phone number described at the top of the GTCS.

In the event of cancellation of the sales contract under the aforementioned conditions, the Company will reimburse you all sums remitted, at the latest within fourteen (14) days of the date on which the contract was stated.

6.5 Control and transfer of risk

When you (or a third party designated by you) take physical possession of the Products ordered, delivery of the Products is deemed to have been made by the Company and the risk of loss or damage to the Products is immediately transferred to you.

The Company advises you to check the Products carefully at the time of delivery. If you notice a defect or non-conformity in a Product (defective or damaged Product, missing Product, Product error), you must notify the Company of your reservations by e-mail as soon as possible, and at the latest within two (2) working days of taking physical possession of the Products.

The absence of complaints or reservations on your part within this period means that the Products delivered are deemed satisfactory and may not be the subject of any subsequent dispute.

ARTICLE 7. RIGHT OF WITHDRAWAL

In accordance with the provisions of article L. 221-18 of the French Consumer Code, you have a period of fourteen (14) days from the date of receipt of the ordered Product to exercise your legal right of withdrawal from the Company, without having to justify your decision.

The starting point of the fourteen (14) day legal retraction period is the day of receipt of the Products, or if applicable, the day of receipt of the last Product in the case of an order with staggered delivery.

If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

To exercise your right of withdrawal, you must inform the Company within the aforementioned period of fourteen (14) days of your wish to withdraw:

Or by means of a retraction form drawn up in accordance with the regulations in force and made available on request to the Company's Customer Service Department, as well as in Appendix A hereto. GTC ;

Or by any other unequivocal written means, for example by sending an e-mail to the Company's Customer Service Department at the following address contact@tchao-tchao.com or by post to the following address: TCHAO TCHAO Company 25, rue Lenepveu - 49100 ANGERS

In this case, the Customer Service of the Company will acknowledge receipt of your right of withdrawal exercised and will communicate to the Customer a tracking number for the return.

You must then return the Product to the Company in perfect condition, without undue delay and, at the latest, within fourteen (14) days of communicating your decision to withdraw, using the original packaging and sending the parcel by recorded delivery with acknowledgement of receipt to the above address.

In accordance with the provisions of article L. 221-23 of the French Consumer Code, the direct costs of returning the Product remain at your expense.

Products must be returned in perfect condition to enable them to be sold again.

The Product must be returned intact, unused and complete with all accessories and documents, labels and seals affixed, which means that the Product must be returned to the Company in the same condition as when it was sent to the Customer. The Product must be returned to the Company in the same condition in which it was sent, so as not to damage it. Specifically, the Product must be returned in its original packaging or in packaging identical to that in which it was shipped.

You may be held liable in the event of deterioration of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products.

If you exercise your right of withdrawal in the form and within the time limits set out in this article, the Company will reimburse you for the price of the returned Product and the delivery costs of the order, at the latest within fourteen (14) days from the date on which the Company was informed of your decision to withdraw.

The Company may defer the refund until the Product concerned by the withdrawal is recovered.

The Company will make such refund using the same payment method as the one used by you for the original transaction, unless you expressly agree that the Company may use another payment method and provided that the refund does not incur any cost to you.

ARTICLE 8. RETURN

In the event of a defect found on a Product upon delivery, you are responsible for providing the Company with any evidence of the reality of the defect found and for allowing the Company to proceed with their observation.

Subject to the exercise of your right of withdrawal, any return of a Product may only be made with the express, prior and written agreement of the Company.

Products must be returned in perfect condition, in their original packaging and with all accessories.

Returns give rise, depending on the case, to a replacement of the Products or a refund of their price, after quantitative and qualitative verification of the Products by the Company.

The cost of returning Products will be borne by the Company only if the reported defect is confirmed and acknowledged by the Company.

ARTICLE 9. GUARANTEES

Legal warranty: Hidden defects - defects of conformity

For Products sold on the Site, you benefit from :

The legal guarantee of conformity provided for in Articles L. 217-3 and following of the Consumer Code,

And the guarantee against hidden defects provided for in Articles 1641 and following of the Civil Code,

whose main provisions are summarized below:

Legal guarantee of conformity :

Article L.217-3 of the Consumer Code:

"The seller delivers a good in accordance with the contract and the criteria set out in article L.217-5. He replies defects in conformity existing at the time of delivery of the goods within the meaning of the of Article L.216-1, which appear within two years of this one. (...) The seller is also liable, within the time limits, for defects conformity resulting from the packaging, installation instructions, or the installation when it is covered by the contract or has been carried out under its responsibility, or when incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the the installation instructions supplied by the vendor. "

Article L.217-4 of the Consumer Code:

"The property conforms to the contract if it meets, among other things, as applicable, the following criteria:

1°It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic indicated in the contract;

2° It is fit for any special purpose sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;

3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;

4° It is updated in accordance with the contract. "

Article L217-8 of the Consumer Code:

" In the event of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement, or, failing that, a reduction in the price or the termination of the contract, under the conditions published in this sub-section.

The consumer also has the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter. . under the conditions of articles 1219 and 1220 of the French Civil Code.

The provisions of this chapter are without prejudice to the award of damages. "

Legal guarantee of hidden defects:

Article 1641 of the Civil Code:

"The seller is liable for the warranty due to hidden defects of the thing sold that makes it unfit for the purpose for which it was or which so diminishes that use that the purchaser would not have been able to use it acquired, or would have given only a lesser price, if he had known them ".

Article 1648 paragraph 1 of the Civil Code:

" The resulting action of defects must be intended by the purchaser within two years from the date of purchase. from the discovery of the defect".

Thus, you may have a period of two years from delivery of the Product to take action under the legal warranty of conformity provided for in articles L.217-3 to L.217-20 of the French Consumer Code.

In this case, you will be able to choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-12 of the French Consumer Code.

You are appointed to prove the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product.

You are reminded that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted by the Company.

In addition, you may decide to invoke the warranty against hidden defects of the chosen sale as defined in article 1641 of the French Civil Code.

In this case, you may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

Commercial warranty

The Products offered for sale by the Company benefit from a commercial guarantee additional to the legal guarantees.

The conditions of application of this commercial warranty are available in the section "Commercial Warrantyof the Site.

In any event, neither the legal warranties nor the commercial warranty can cover all wear and tear of the Products which may be due to :

excessive natural or artificial light,
the use of any maintenance product unsuitable for the covering, or failure to comply with maintenance conditions,
external causes: domestic accidents, water damage, stains, burns, scratches, animals, etc...
improper assembly, alignment or adjustment of the Products,
to the action of perspiration and the body's natural perspiration or to the action of seborrhea,

dumb:

deformation of foams, fixed or mobile mechanical structures, breakage of structures due to misuse or intensive overloading concentrated on one point related to a particular or unusual characteristic use,
Damage affecting elements such as foam zippers, inter-element fasteners,
damage caused intentionally by you or any other user,
repairs or modifications carried out on your own initiative or by a company of your choice without the express written agreement of the Company's Customer Service Department.

ARTICLE 10. CUSTOMERS OF THE SERVICE

For all questions relating to the present GTC, to the Site and its functionalities or to the Products in general, the User is invited to contact the Company via the "Contact" section of the Site, enabling the Company's Customer Service to be reached by e-mail, telephone or post.

ARTICLE 11. PERSONAL DATA

When you place an order, the personal data you provide to the Company is processed automatically.

You are invited to consult the Site's "Personal Data Management Policy" for information on this processing.

ARTICLE 12. LIABILITY

The Products offered for sale on the Site comply with the laws and regulations in force in France on the day of the order.

Under no circumstances does the Company guarantee the compliance of the Products with any other local legislation that may be applicable to you as soon as you display it on the Site from countries other than France.

Under no circumstances shall the Company be held liable for any damage whatsoever resulting from any modification made to the Product or from use of the Product contrary to the recommendations for use, care and maintenance.

Finally, you are solely responsible for the use of the Products. It is therefore your responsibility to use and maintain the Products in accordance with their intended purpose, in particular by complying with the recommendations for use, care and maintenance provided by the Company.

The Company hereby declines all responsibility and cannot be held liable for any incidents or accidents likely to occur during installation or use of the Products, and in particular :

- In the event of an accident, any damage to the vehicle and/or its occupants caused by the presence of the Products, in particular layout kits. You are reminded of the following that the Products must not be used on the road, in a vehicle, or in any other way. vehicle stationary and parked safely only in a suitable place;

- Fire, misuse of camping equipment and damage to property. stove-type accessories on or near a layout kit ;

- Possible outbreaks of fire, in the event of electrical malfunctions in the camping equipment and accessories not produced by the company. Company (including compression refrigerator and auxiliary battery) ;

- and more generally in the event of any bodily injury in connection with use of the Products.

ARTICLE 13. CLAIMS - MEDIATION

In the event of a complaint, you may contact the Company using the contact details given at the top of these GCS, as well as in the "Contact" section of the Site.

In accordance with the provisions of articles L. 612-1 et seq. of the French Consumer Code, the Company assures you of the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of any dispute between you and the Company which has not been amicably resolved between us.

The Company has subscribed to the mediation service offered by the Fédération du Commerce et de la Distribution, whose contact details are as follows:

website : FCD : https://mediateur.fcd.fr/ (please use the form provided for this purpose);
postal address: FCD, 12 rue Euler 75008, Paris (can also be contacted by post).

After receiving a written complaint directly to the Company in an attempt to settle the dispute amicably, the FCD Mediator may be contacted (using the contact details given above) for any unsuccessful settlement.

You can also consult the following link https://webgate.ec.europa.eu/odr/ the Online Dispute Resolution platform set up by the European Commission to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

Finally, the consumer mediation website can be accessed via the following link www.economie.gouv.fr/mediation-conso includes useful information on mediation of consumer disputes.

ARTICLE 14. MISCELLANEOUS PROVISIONS

14.1. Partial invalidity

If one or more of the stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.

14.2. Entire contract

These GCS and the order summary sent to you by e-mail form a contractual whole and constitute the entire contractual relationship between the Company and you. In the event of any contradiction between these documents, the GTC shall prevail.

14.3. Force majeure

The Company shall not be liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike of postal services and means of transport and/or communications, epidemic, flood, fire.

Events meeting the criteria set by the jurisprudence of French courts will be considered as force majeure.

In the event of an event constituting force majeure, the Company will notify you within five (5) days of the occurrence or threat of such event.

The Company and you will work together as soon as possible to determine how the order will be carried out during the period of force majeure.

After a period of one (1) month of interruption due to force majeure, the Company may not honor the order, and will reimburse you within thirty (30) days.

14.4. Proof, storage and archiving

Computerized records kept in the Company's computer systems under reasonable security conditions will be treated as proof of communications between you and the Company.

The archiving of the CGV elements accepted by you, of all exchanges between the Company and you or of the elements relating to the final validation of the order made by you, is carried out on a reliable and durable support so as to correspond to a faithful and durable copy. In the event of a conflict between the Company's computerized registers and any written document or electronic file in your possession, it is expressly agreed that the Company's computerized registers will take precedence over your documents and will alone be accepted as proof.

14.5. Modification and consultation of the Terms and Conditions

The Company reserves the right, unilaterally and without prior notice, to make changes to these GTC, which will be applicable as soon as they are posted on the Site.

Nevertheless, the terms and conditions applicable to your order are those that you will have accepted at the time of the validation of this order.

All the provisions of the General Terms and Conditions, which are also printable, can be consulted free of charge at any time on the Site, in the dedicated "General Terms and Conditions of Sale" section.

14.6. No waiver

The fact that the Company does not avail itself of any default or breach by you of any of your contractual or legal obligations shall not be construed as a waiver of such default or breach.

The fact that the Company does not avail itself of a stipulation of the present GCS does not in any way imply waiver of the benefit of the said stipulation.

ARTICLE 15. APPLICABLE LAW - JURISDICTION

The present GTC are subject to French law.

In the event of a dispute arising from any transaction concluded in application of these GTCs and which is not amicably resolved, the French courts shall have exclusive jurisdiction in application of the rules laid down by the French Code of Civil Procedure.

*****

Country/region