The merchant site www.tinoki.fr is operated by MADAME MELANIE PRESZOW, individual entrepreneur, with siret number 520 489 261 00021 (NAF code 1413Z) and whose head office is located at 9, rue de Valmy, 59000 Lille. Any order placed on the site http://www.tinoki.fr/ is valid for full and total acceptance of these general conditions of sale.     

TINOKI reserves the right to modify these general conditions of sale at any time. In the event of modification, the general conditions of sale applicable are those in force on the date of the placing of the order by the user.

ARTICLE 1. PRODUCTS - PRICES - VAT

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1.1- PRODUCTS

The TINOKI site offers childcare articles, decoration and birth gifts for the world of babies, children, mothers and the home. The textile creations are the property of the Creator of the TINOKI brand. In addition, baby toys and/or accessories are also offered for sale and may come from major recognized brands.

The customer is informed when placing his order of the availability of the selected product. However, if the product becomes unavailable after the validation of the order, the customer is informed by e-mail, at the latest 5 days after the validation of the order.

TINOKI products are handcrafted, in limited editions or unique pieces. The photographs illustrating the products presented are the most exact reproduction possible, but have no contractual value. The customer is invited to consult the description of each product to know its essential characteristics. This is particularly valid for "made-to-measure products", for which the customer has modified certain characteristics (raw materials, dimensions, finishes) and for which we cannot provide a visualization of the result.

1.2. PRICE AND VAT 

The prices are indicated in euros and are only valid on the date the order is placed. The prices of the articles can be modified by TINOKI at any time. Only the price displayed on the site www.tinoki.fr is authentic between the parties. The prices are expressed inclusive of all taxes including VAT for France and the countries of the European community. The displayed price does not include delivery charges.

ARTICLE 2. ORDER

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2.1.REGISTRATION OF THE ORDER    

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For individuals: The customer places an order by following the following procedure: He selects a product and clicks on "ADD TO CART", (thus he will add himself to the basket). At this stage, the customer can continue shopping or finalize his order. The customer completes his order by clicking on "CART" then on "CHECKOUT". The customer will then be redirected to the PAYPAL secure payment server. The validation of the summary order form by double click constitutes a signature which has, between TINOKI and the buyer, the same legal value as a handwritten signature. Before clicking on the "FINALIZE" button, the customer can check the details of his order and its total price at any time and return to the previous pages to modify his order. 

For professionals: After a request made by email to contact@tinoki.fr or via the site's contact form, a catalog will be sent along with a price list. The order(s) can be made directly by email by listing the desired items and quantities or by completing the order form attached to the catalog. Upon receipt of the proforma invoice, the customer will be able to access payment.

TINOKI reserves the right not to validate the order in the event of: Abnormal or abusive exchanges and returns in accordance with article 8 below, Existing dispute(s) with the customer, Total or partial non-payment of a previous order from the customer, Refusal to authorize payment by bank card from banking organisations.

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2.2. SECURE ORDER PAYMENT

The price owed by the customer is the amount indicated on the summary order form which the customer has read before validating his order.

Several payment methods are offered to the Customer: Check: the customer must send this once the order has been validated, payable to TINOKI / Mélanie Preszow, 9 rue de valmy in Lille. Upon receipt of payment from the customer, TINOKI will process the order. Payments made online by credit card are completely secure thanks to the Paypal platform, it is also the recommended method for fast delivery. The customer is not required to have a paypal account to make payment. If the customer encounters the slightest problem while making his purchases, he should send an email to the following address: contact@tinoki.fr. Upon receipt of payment, TINOKI will process the order.

The Paypal server is secured by SSL3.0 encryption (Secure Socket Layer) in order to protect all data related to means of payment. Paypal ensures the supervision of its platform and the operations submitted to it 24 hours a day, 7 days a week. It is specified that at no time, the Customer's bank details do not pass through the TINOKI computer system.

In case of unavailability of a product after validation of the order, as specified in article 1.1 above, if the payment has already been made, the Customer will have the choice between a refund of the amount of the order, which will take place without delay and at the latest within thirty days following the payment of his order, and the delivery of a product of equivalent quality and price. TINOKI reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization or in the event of non-payment.

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2.3. ACKNOWLEDGMENT OF ORDER

The order is taken into account and the delivery period begins to run from the date of receipt of payment. Only the receipt of payment on the account of the company TINOKI constitutes proof of financial transactions. At the end of the payment, an e-mail acknowledging receipt of the order and its payment is sent by TINOKI  to the Customer, by e-mail to the e-mail address indicated by him. By keeping this email or by printing it, the customer has proof of his order. This document, which serves as acknowledgment of receipt of the Customer's order, contains all the constituent elements of the contract entered into between the parties.

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2.4. TRANSFER OF OWNERSHIP 

TINOKI  remains the owner of the products delivered until their complete payment by the Customer.

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2.5. GIFT WRAP

All orders are carefully wrapped in tissue paper with paper bag. However, the Customer has the choice, as a paid option, to choose a more refined packaging in a gift box with wrapped tissue paper and slipped into a bag. As part of this paid option, the Customer can also have a small handwritten card with the message of his choice added on simple request by email to the following address: contact@tinoki.fr

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ARTICLE 3. DELIVERY

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3.1. DELIVERY ADDRESS

The products are delivered to the delivery address that the buyer indicated during the ordering process. In the event of an error in the wording of the recipient's contact details, the seller cannot be held responsible for the impossibility in which it could be to deliver the package.

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3.2.SHIPPING TIMES

TINOKI does its best to process orders as quickly as possible. Orders are sent every Tuesday. Orders placed on the site on a public holiday will be processed the following business day. An e-mail will be sent to you at the start of your order. In case of deliverable items on different dates given their availability, the shipping time is based on the longest time.

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3.3. DELIVERY TIMES

Delivery times are given for information only. TINOKI  will do its best to ensure that the order is delivered, accompanied by its supporting invoice, within an average of 4 to 7 working days in France, 6 to 10 days in the EU, Switzerland and Norway, and 7 to 15 working days in other countries, from the day following payment of the order. Delays in delivery cannot give rise to any penalty or compensation, nor justify the cancellation of the order. TINOKI  also undertakes to deliver within a maximum period of 30 working days in France, from the date of payment of the order. However, delivery may not be guaranteed in the event of force majeure as defined in article 7. However, if 30 working days after the date of payment of the order the items have not been delivered, for any other reason a case of force majeure, the sale may then be automatically resolved at the request of either party, by registered mail with acknowledgment of receipt to be sent to TINOKI Customer Service  at 144, rue nationale 59000 Lille. The customer has the possibility of having his order delivered to an address other than his own, in this case, the Customer must send an e-mail to the address: contact@tinoki.fr so that his request is honored. The customer will then receive an e-mail acknowledging receipt of this change of address.

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3.4. ADDITIONAL DEADLINE FOR CUSTOM-MADE AND PERSONALIZED ITEMS

Any manufacturing delays are added to the delivery delays above. They are indicated on the descriptive sheet of each product, valid in particular for all "Tailor-made" and "customizable" products, note in this case that production requires an average time of 2 to 4 weeks. For special orders from professionals, the deadlines will be studied specifically.

ARTICLE 4. RECEIPT OF THE ORDER AND COMPLAINTS

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Upon delivery and in the presence of the delivery person, the buyer must check the condition of the packaging, the references of the packages with those appearing on the invoice and the order form and in the event of damage, mention the reservations on the delivery note. precise and reasoned. Subsequently, if the buyer notices after opening the packages a shortage, damage, defect or any other apparent defect or non-compliance of the products, he must send his reservations by registered letter with acknowledgment of receipt to Customer Service. by TINOKI  at 144 rue Nationale 59000, Lille, France, within 3 days, excluding public holidays, of delivery. In this case, the buyer must, in the event of a request from TINOKI, provide any evidence justifying the reality of the claims invoked and leave TINOKI the possibility of proceeding to their observation. Complaints accepted will give rise to the exchange of the defective or non-compliant product, or to its reimbursement in the event of unavailability of the product in stock or from suppliers. The returned product must be given to the carriers  of  TINOKI, as far as possible in its original packaging and equipped with all its possible accessories. In the event of a delay in delivery in relation to the deadlines announced by the carriers, the Customer must first contact La Poste, to see if the package is not pending. if necessary, the Customer can contact Customer Service by e-mail at the address: contact@tinoki.fr, in order to search for the package.

ARTICLE 5. RIGHT OF WITHDRAWAL

For the Consumer Client:

The right of withdrawal available to the Customer relates to the entire order and not to a partial return of the Product.

In accordance with article L.221-28.3 of the Consumer Code, the right of withdrawal cannot be exercised concerning Products made to measure according to the consumer's specifications or personalized Products. The Customer will therefore not have the possibility of exercising his right of withdrawal for personalized or made-to-measure Products.

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5.1. EXERCISE OF THE RIGHT OF WITHDRAWAL

The customer has a period of fourteen (14) days to exercise his right of withdrawal and return at his expense and without reason, the Product(s) he has ordered (excluding personalized products).

This period runs:

- from the date of delivery of the Products to the delivery address indicated by the Customer (and in the absence of the latter, from the date of first presentation of the package containing the Products).

- or from the day on which the Customer is informed by e-mail and/or SMS of the delivery of his order to the Pick-up Point of his choice in the event that the buyer has opted for this delivery service.

The Customer will inform TINOKI of his decision to withdraw by sending him, before the expiry of the aforementioned period, the withdrawal form * or any other unambiguous declaration, expressing his desire to withdraw by post to the following address : Mélanie Preszow 144, Rue nationale 59000 Lille France or by email at the following address: contact@ltinoki.fr.

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5.2. * WITHDRAWAL FORM - Article R 221-1 of the Consumer Code

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Model withdrawal form (Please complete and return this form only if you wish to exercise your right of withdrawal)

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5.3. RETURN OF THE PRODUCT(S) WITHIN THE FRAMEWORK OF EXERCISE OF THE RIGHT OF WITHDRAWAL (EXCLUDING PERSONALIZED OR MADE-TO-MEASURE PRODUCTS).

The Product(s) must be returned by the customer to TINOKI at the latest within fourteen (14) days following the communication by the Customer to withdraw, in its (their) packaging and its (their) original packaging, unworn, unwashed to the following address: 144, rue Nationale 59000 Lille France. The returned product(s) must be accompanied by the order form received by email when placing the order on the www.tinoki.fr website.

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5.4. REIMBURSEMENT OF THE PRODUCT(S) RETURNED AS PART OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL.

If the aforementioned conditions are met, TINOKI will reimburse the Customer for the total amount of his order (excluding personalized Products), excluding the costs of returning the Products, which remain the responsibility of the Customer. This refund will take place no later than fourteen (14) days from the date on which TINOKI was informed of the Customer's decision to withdraw. Nevertheless, in the absence of receipt by TINOKI, within this period, of the returned Products or proof of their shipment by the customer, the reimbursement of the Products will then be deferred to the first of these two dates: the receipt by the Customer of the Products or receipt by TINOKI of proof of shipment of the Products by the customer.

The refund will be made using the same payment method used by the customer when ordering; the Customer may choose, if he wishes, a refund by bank transfer or a voucher for the total amount of his order (the cost of returning the products remaining the responsibility of the Customer).  

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5.5. EXCHANGE OF PRODUCTS.

If the customer wishes to exchange a product, he may inform the TINOKI customer service department by e-mail at the address: contact@tinoki.fr. TINOKI may then, depending on product availability, reserve the item for the customer. Exchanges are only valid for products that have equivalent selling prices.

ARTICLE 6. LIABILITY AND WARRANTY

All products benefit from the legal system of the guarantee of conformity provided for in articles L.211.4 and following of the Consumer Code, as well as the guarantee against hidden defects of Articles 1641 and following of the Civil Code, insofar as the use has normal and the maintenance advice has been followed. Article L211-4 of the Consumer Code. The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article 211-5 of the Consumer Code.

ARTICLE 7. FORCE MAJEURE

TINOKI will not be responsible for the delay in the execution or the total or partial non-execution of its obligations under these General Conditions of Sale, if this delay or this non-execution is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike in particular of the postal services and means of transport and/or communication, flood or fire. TINOKI will notify customers of an event constituting force majeure, at the latest within 5 working days of its occurrence. TINOKI will make its best efforts to inform the Customer, as soon as possible, of the methods of processing his order for the duration of the case of force majeure. In the event that the case of force majeure lasts beyond a period of 1 month, the parties will be released from their obligations towards each other. If necessary, TINOKI will reimburse the customer as soon as possible for orders that have been paid for but could not be delivered.

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ARTICLE 8. PARTIAL NON-VALIDITY

If any of the paragraphs or clauses of these General Conditions of Sale were found to be invalid or unenforceable, the rest of these General Conditions of Sale would remain in force, unless the invalidated obligation is an essential obligation whose deletion or cancellation would prevent the continuation of these entire General Conditions of Sale.

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ARTICLE 9. INTELLECTUAL PROPERTY

TINOKI is a trademark registered with the INPI. All the elements composing the site www.tinoki.fr such as, for information only, the name, the logo, the photos, sounds, and videos and any other content, constitute works within the meaning of the provisions of article L1 -112 of the Intellectual Property Code and is the exclusive property of the company TINOKI

The entire content (texts, comments, works, illustrations, images, etc.) of this site is reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property unless prior authorization from TINOKI.

The www.tinoki.fr site was created using an online SaaS platform. 
Photographs and Creation of the website: Mélanie Preszow

ARTICLE 10. PERSONAL DATA

The Customer is informed that in the context of the order, personal data concerning him are collected by the seller as controller. This processing is the subject of a declaration to the Commission Nationale Informatique et Libertés (ACNIL), declaration n°1770502v0. These data are used for processing the order and are not intended to be transmitted to third parties. The Customer has the right to object, free of charge, to this data being used for commercial prospecting purposes by the seller. The customer also has the right to require the Seller to rectify, update or delete personal data concerning him, which is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited. In order to exercise this right, the Customer sends an e-mail to the address: contact@tinoki.fr

ARTICLE 11. TERRITORIALITY AND APPLICABLE LAW

Sales of TINOKI products are subject to French law.

For Professional Clients: 

Any dispute relating to the existence, interpretation or termination of the contract concluded between TINOKI and the Customer, even in the event of multiple defendants, will, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the courts of Lille.

For Consumer Clients: 

These general conditions of sale and the contractual relations between TINOKI and the Customer are subject to French law.

Any dispute relating to the interpretation, execution or termination of these general conditions of sale and/or the contractual relations between TINOKI  and the Customer will be subject to the sole jurisdiction of the French courts, notwithstanding pluralities of defendants and/or warranty claims, even for emergency procedures or protective procedures in summary proceedings or by request. The territorial jurisdiction of the court will be determined pursuant to Articles 46 of the Code of Civil Procedure and Article R. 631-3 of the Consumer Code.

In accordance with articles L. 152-2 and following of the Consumer Code, the Customer is informed of the possibility of having recourse free of charge, in the event of a dispute resulting from an online purchase, to a conventional mediation procedure or to any other method. alternative dispute resolution, when such a dispute could not be settled within the framework of a prior complaint directly lodged with TINOKI.