Article 1 – Scope
These are the terms and conditions of sale ("Conditions") of TIMEFY, a French limited liability company whose registered office is located at 2, Place Victor Hugo in GRENOBLE (38000), France, Companies House registration number 515 390 318 (EU VAT number: FR84515390318). The Conditions shall apply to all purchases of the goods displayed on TIMEFY’s website (the “Products”), by way of orders placed via www.timefy.com (the “Site”).
Subject to any legal provision to the contrary, the relationships between TIMEFY and the Customer shall be governed by the version of the Conditions in force at the time of the confirmation of the order by the Client, to the exclusion of any other contractual terms & conditions.
Article 2 – Orders
All information on the Site is an invitation to treat only and is not an offer or unilateral contract. The Customer’s order represents an offer to purchase the Products, subject to TIMEFY’s acceptance.
Orders may be placed exclusively through the Site. Internet access and connection costs are borne by the Customer.
Orders are confirmed by the Customer at the end of a “double click” process which constitutes a formal, unconditional and irrevocable acceptance of the Conditions by the Customer. No order may be placed and/or confirmed by a Customer without a prior reading and acceptance of the Conditions.
Data recorded by TIMEFY shall serve as valid evidence within the frame of the relationships between the Customer and TIMEFY.
TIMEFY shall send by email a confirmation of the order, prior to the dispatch of the Products. The sale shall be binding once the Products are dispatched by TIMEFY to the Customer.
It is recommended to the Customer to save electronically or print the Conditions.
Article 3 – Availability of the Products
All orders are subject to availability.
Whenever a Product that was ordered turns out to be unavailable, the Customer will be so informed by TIMEFY, who shall have the option to cancel the order or to suggest a similar quality and price Product in replacement.
TIMEFY reserves the right to refuse any order of Products in large quantities, as well as orders placed by a Customer who owes an outstanding amount to TIMEFY.
Article 4 – Price and Payment
4.1 Prices may be changed or amended at any time by TIMEFY. The applicable prices are those in force at the time the order was accepted by TIMEFY.
All prices are displayed in EUROS (VAT included), delivery charges to be added. Delivery charges shall be set out at the time of the order, before the Customer is requested to confirm the order.
The price of the Products to be dispatched outside of the EU shall be displayed without VAT on the invoice. In this case, the Customer shall be considered as the importer of the Products and bear all the responsibilities and costs associated thereto.
TIMEFY remains the sole owner of the Products until full and final payment by the Customer.
4.2 The price must be paid prior to the dispatch of the Products and may be paid by way of:
− credit or debit card (Visa, MasterCard)
− by bank check
The debit shall occur when the Products are ready to be dispatched.
Payments by bank checks are accepted only provided that the issuing bank has its headquarters or a branch in France.
When accepted, the bank check has to be sent to TIMEFY within 3 working days following the confirmation of the order by TIMEFY at Service Paiement.
Article 5 – Delivery
Delivery terms are expressed in working days. When a single order relates to several Products having different delivery terms, the delivery term to be taken into account is the latest one, without prejudice to TIMEFY’s right to make deliveries by lots. In this case, dispatch costs are billed out as if it was a single delivery.
Deliveries are made at the address indicated by the Customer at the time of order. Unless specified to the contrary, deliveries are made to Metropolitan France only. No delivery shall be made to hotels, professional addresses or PO Boxes.
The Customer shall be informed by email in case of late delivery. TIMEFY shall propose an alternative delivery date.
Should the delivery be late in excess of 7 days for reasons that are not of Force Majeure, the Customer is entitled to cancel the order by sending a registered letter with acknowledgement of receipt to TIMEFY within 60 days from the initial date of delivery. Sums paid by the Customer shall be refunded. Should the Product be delivered after the cancellation letter was received by TIMEFY, the return of delivery costs shall be borne by the Customer and the return of the Products shall be accepted by TIMEFY only provided that the Products are in perfect condition and returned in their packaging of origin.
If, at the time of delivery, the packaging is damaged, the Customer is required to open the package in the presence of the carrier in order to verify the condition of the Products. In the event of damage to the Products, you should note the details on the delivery note and contact the Customer Service team immediately.
Article 6 – Right of Cancellation
Pursuant to articles L.121-20 et als of the French Consumption Code, the Customer may cancel the contract within 7 working days following the delivery date and return the Products in perfect condition and in their packaging of origin to TIMEFY. The Customer is entitled to claim for an exchange of the Products or a refund. Costs for returning the Products are to be borne by the Customer. The Customer is requested to attach to the returned Products a copy of the invoice or any other piece of information necessary to TIMEFY in order to identify the transaction concerned.
Only the Customer identified as such with TIMEFY may be vested in this right of cancellation.
The Products are to be returned at the following address: ORIUM/TIMEFY, 6 rue de l'Artisanat, ZA des Boulays, 49130 SAINTE GEMMES SUR LOIRE - FRANCE.
Article 7 – Conformity of the Products
All images and illustrations of the Products are for information only and you are advised to refer to the description of any particular Product displayed on the Site or contact our Customer Service team for further information about the Products.
TIMEFY shall refund the Customer or exchange the Products whenever the Products are damaged, contain a default, are not of satisfactory quality or fit for their purpose.
The Customer shall make a formal claim in writing with a description of the situation giving rise to the claim, and return the Product(s). Costs incurred for returning the Products shall be reimbursed by TIMEFY when they are justified and evidenced.
Under French law, the Customer is vested with the following rights (articles L.211-4, L.211-5 & L.211-12 of the Consumption Code and articles 1641 & 1648 al. 1 of the Civil Code):
"Article L.211-4: The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility."
“Article L.211-5: In order to conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to”
“Article L.211-12: Action resulting from lack of conformity lapses two years after delivery of the product”
“Article 1641: A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them”
« Article 1648: The action resulting from redhibitory defaults must be brought by the buyer within a period of two years following the discovery of the default”
Article 8 –Intellectual and Industrial Property Rights
All trademarks, illustrations, images, signs, graphics, visual elements of the Site are and shall remain the sole and exclusive property of TIMEFY, or of those who gave a right of use to TIMEFY. Any reproduction, whether complete or partial, modification or use of these trademarks, illustrations, images, signs, graphics, visual elements, for whatever reason and in whatever medium, without TIMEFY’s written, express and prior agreement, is strictly prohibited, as is any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.
Article 9 – Privacy, Personal Data
Personal data to be transmitted by the Customer to TIMEFY are those strictly necessary to have the orders processed and the contractual relationship managed and maintained. They may be used for internal statistical use.
The intended collecting and processing of the personal data was declared with the French relevant authorities (CNIL).
The data may be conveyed to third-party entities that are involved in the processing of the orders.
The data are kept recorded for security, identification and service improvement reasons.
At any time, the Customer may exercise a right of access, amendment or refusal in connection with his/her personal data, by contacting by e-mail : contact[@]timefy.com ou or by mail : Timefy – 28, rue Bergère – 75009 Paris - FRANCE.
The Customer may from time to time receive from TIMEFY adverting or information relating to Products or services that are similar to those already ordered. The Customer may opt any time to choose not to receive any such information or advertising any more.
Article 10 – Governing Law and Jurisdiction
The Contract formed between the Customer and TIMEFY is governed by French law.
The language of reference shall be French.
French courts shall have jurisdiction over any dispute arising in connection with the contract.
Article 11 – Fianet
The details provided in your order are subject to automatic data processing. FIA-NET is in charge of this automatic data processing which aims to define a level of analysis of a transaction and to fight against fraud to payment including fraud against the credit card.
FIA-NET and the merchant are the recipients of the details related to your order. The absence of transmission of details related to your order prevents the execution and analysis of your transaction.
The occurrence of an unpaid invoice due to fraudulent use of a credit card will result in registration of details in connection with your order associated with this outstanding within a payment incident file implemented by FIA-NET. Any false declarations or anomalies may also be subject to special treatment.
In accordance with the Data Protection Act of 6 January 1978, at any time, you have a right of access, rectification and opposition to all of your personal details by making a written request with a proof of your identity to the email address email@example.com or to the address : FIA- NET - Service Informatique et Libertés - Traitements No. 773061 and No. 1080905 -39 rue Saint -Lazare, 75009 PARIS.
Article 12 – Fianet
Your purchase on Timefy.com offers you the possibility of participating in the “evaluated site - premium site” operation organized by FIA-NET S.A.
Through two satisfaction questionnaires, designed to measure the quality of the service provided throughout your purchase, you can tell us about your personal experience and share it with web users on the FIA-NET site. These questionnaires may be sent to you by FIA-NET or Timefy.com by email or a pop-up following your purchase. The information collected by these two questionnaires undergo automated data processing under the responsibility of FIA-NET S.A. Partial replies or no reply to either or both of the satisfaction questionnaires will have no impact on the progress of your order and its processing. FIA-NET S.A. and Timefy.com are the recipients of personally identifiable data collected by these satisfaction questionnaires. Data that is not personally identifiable will be used by FIA-NET in compliance with current regulations, in particular those concerning the protection of personal data. In compliance with the data protection law of 6 January 1978 you have, at all times, the right to access, rectify and oppose all your personal data by letter sent to the following address with proof of your identity:
FIA-NET Service Informatique et Libertés
Traitement N° 896150
39, rue Saint-Lazare - 75009 Paris