1. Purpose

These general terms and conditions of sale apply without restriction or reservation to all online sales offered by TTK S.A.S. on the website http://shop.ttkuk.com.

The term “Seller” refers to TTK SAS. “Buyer” refers to the customer, a natural or legal person who places an order with the “Seller” on the Site, and “Manufacturer” refers to the supplier, a natural or legal person of the “Seller”. The term “Goods” refers to the merchandise that is the subject of the order, offered for sale on the Site. The term “Supply” refers to the provision of goods.

The purpose of these terms and conditions is to define the terms and conditions of the sale and delivery of the Goods, as well as to define the rights and obligations of the parties in this context.

The applicable version of the terms and conditions is the one available online on the Site at the date of the Buyer’s order.

2. General

The present general conditions constitute the essential and determining conditions of all sales or services carried out by the Seller. They cancel, if necessary, all the previous conditions and are modifiable on notified notice. Except for formal and express exception on our part, the Seller undertakes because it considers as essential and determining the adhesion of the Buyer to the present general conditions and the renunciation of all different or contrary general or special conditions of purchase..

4. Legal capacity and acceptance of the general conditions

4.1 Legal capacity

The Site is accessible :

• To any natural person with full legal capacity to commit to these terms and conditions. A natural person who does not have full legal capacity may only access the Site with the agreement of his/her legal representative.
• Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.

4.2 Acceptance of the general conditions
The acceptance of the present general conditions by the Buyer is materialized by a box to be ticked in the order form. This acceptance can only be full and complete. Any acceptance under reserve is considered null and void. The Buyer who does not accept to be bound by the present general conditions must not place an order on the Site.

5. Characteristics of the goods

5.1 Prior to placing any order online and in application, the Buyer may take note, on the Site, of the characteristics of each Good he wishes to order.

5.2 The Goods are offered for sale online subject to availability, or subject to the possibility of ordering them if necessary.

5.3 In the event of unavailability of the Goods after the order has been placed, the Seller shall inform the Buyer by email: his order shall be automatically cancelled and no charge shall be made.

5.4 The photographs, models, accessories and descriptions of the Goods offered for sale online are as accurate as possible but are not contractual. They are only binding on the Seller for what is precisely indicated. The Buyer is however informed and accepts that certain characteristics of the Goods and in particular their color, weight and size may not correspond exactly to the photographs presented on the Site.

5.5 Such variations do not affect the quality of the Goods offered for sale and confirm their uniqueness.

6. Ordering

6.1 Placing an order

To place an order, the Buyer must create an account, select the Goods of his/her choice and place them in his/her shopping cart.
He can access the summary of his basket at any time until the order is finally validated and can correct any errors in the elements entered.
The order is deemed to have been received by the Vendor when it can be accessed.
As part of his order, the Buyer is invited to provide his contact information for delivery and billing purposes. He must fill in all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all the required information cannot be validated.
The Buyer guarantees that all the information he/she provides in the order form is accurate, up-to-date and sincere and is not misleading.
He is informed and accepts that this information is proof of his identity and commits him from their validation.

6.2. Order confirmation

At the end of his order, the Buyer receives by email a confirmation of it which:

• summarizes the elements of the order and the expected delivery time,
• includes the general conditions in force on the day of the order,
• includes the invoice corresponding to the order (if paid by credit card).
  The Buyer must make sure that the contact information communicated at the time of the order is correct and that it allows him/her to receive the order confirmation email.

If the Buyer does not receive it, he/she must contact the Seller at the address mentioned in article 3.
The Seller recommends that the Buyer keep the information contained in the order confirmation.
The order confirmation shall be deemed to have been received by the Buyer when he/she can access it.

7. Prices and payment terms

7.1 Prices

The selling prices of the Goods are displayed on the Site.

They are indicated in euros, exclusive of tax. Taxes are charged in addition at the rate in force according to the legal provisions of the country concerned.
The Seller reserves the right, at its own discretion and according to the terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions.
Prices do not include any delivery charges that may be applicable to the delivery of the Goods, which shall be charged in addition to the price of the Goods. The amount of the applicable delivery charges will be indicated before the validation of the order by the Buyer.
If delivery fails due to an incorrect or incomplete address provided by Buyer, Buyer may be charged additional fees.
The applicable price is the one displayed on the Site at the time the Buyer’s order is registered.

7.2. Terms of payment

The full price of the Goods is due upon ordering.
Payment may be made online by credit card, through the secure online payment service indicated on the Site, or by any other means that will be proposed on the Site at the time of the order.
The Buyer guarantees the Seller that he/she has the necessary authorizations to use the chosen method of payment.
The Seller reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be applicable as of right to the unpaid amounts as of the first presentation of a formal notice by registered letter AR.

7.3 Invoicing

Purchase invoices shall be sent to the Buyer by any useful means.
The Goods shall be invoiced at the rate in force on the day the order is placed.

7.4 Retention of title

The Seller retains full ownership of the Goods sold until full payment of the price, including delivery charges, has been received.

8. Delivery

8.1. Territory of delivery

Buyers are expressly informed that the Site only offers delivery of Goods to Metropolitan France and Corsica.

8.2. Methods of delivery

The delivery of the Goods ordered on the Site is made to the address indicated at the time of the Buyer’s order as the “delivery address” (which may be different from the billing address), which may only be located in one of the countries referred to in Article 8.1.
In the event of a delivery failure due to an incorrect or incomplete address provided by the Buyer, the Buyer is informed and expressly accepts that additional costs may be charged.
Delivery by DHL is proposed on the Site as the means of delivery.
The Buyer is informed before the validation of his order of the method of delivery as well as the time and costs.

8.3. Delivery times

The Site mentions, for each item offered for sale, indicative delivery times.
The average delivery time for metropolitan France is 15 working days (to be verified).

Deliveries are made according to availability and in the order of arrival of orders. The Seller is authorized to make deliveries in whole or in part after having informed the Buyer in advance.
Indications relating to delivery times for Goods or services that may appear on the Site in connection with an order are only estimates and do not constitute a contractual commitment by Seller.
Accordingly, no delay in the delivery of the Goods or the performance of the services shall result in the cancellation of the order, nor in the payment to the Buyer of any compensation whatsoever, except in the case of gross negligence by the Seller.

8.4 Damage

The risk in the Goods shall pass to the Buyer upon the first loading operation in the Seller’s warehouse.
As a result, our goods are always transported at the Buyer’s risk, regardless of the mode of transport or the method of invoicing and payment of the transport price, even if the transport was free of charge. It is therefore the responsibility of the Buyer to take the necessary measures to insure the Goods upon shipment, to check the Goods upon arrival and to exercise, in the event of damage or deficiencies, any recourse against the carriers, within the legal or customary time limits. Any Goods delivered and not received shall be deemed accepted by the Buyer.

9. Right of withdrawal

The right of withdrawal of 14 (fourteen) days does not apply to goods sold by the Seller.
An unprocessed order may nevertheless be modified or cancelled, after having obtained the prior and express agreement of the Seller. No refund will be made to the Buyer.

10. Warranty

10.1 Seller warrants its Goods to be free from defects in workmanship and materials for a period of ten years after delivery to Buyer.

10.2 Seller warrants that it will perform the services required of it with reasonable care and skill, but such warranty shall be limited to deficiencies in performance found within twelve months of the date the services are performed.

10.3 The Periods referred to in paragraphs (10.1) and (10.2) above are hereinafter referred to as the “Warranty Period”.

10.4 Seller’s obligations under this warranty are limited to:
i. For Goods: to repair or, at Seller’s option, replace defective Goods or their components so as to remedy defects in the Goods which may become apparent, under normal use, during the Warranty Period.

10.5 In the event that Buyer discovers during the warranty period a defect in the Goods or poor performance of any services, Buyer shall promptly notify Seller in writing and shall use its best endeavours to provide Seller with such information and particulars as may be necessary to enable Seller and its agents to ascertain the validity of the claims made and to determine the nature and origin of the defect or poor performance. In order to enable Seller to make all necessary verifications and to remedy any deficiencies found, Buyer:
i. i. Allow Seller and its agents access to its premises and make available to them all facilities at its disposal.
ii. Upon Seller’s request, Buyer shall return the offending Goods to Seller.

10.6 This warranty does not apply to defects in the Goods or to failures in the services provided resulting from:
i. Any assembly, storage, use, maintenance or repair of the Goods deemed by Seller in good faith to be unsuitable.
ii. Any alteration of the Goods made by Buyer, a user of the Goods (or Goods into which they are incorporated) or any third party acting at the request of Buyer or such user, or the end user unless such alteration has been expressly authorized in writing by Seller.
iii. Any other personal act of Buyer or any third party.

10.7 Seller shall not be liable for any damages resulting from erroneous or incomplete information provided by Buyer as to the specifications of the Goods or services or their intended use.

10.8 Seller shall have no warranty obligations for defects or impairments caused by accidents in transit beyond Seller’s control, normal wear and tear, accident, neglect, misuse, moisture, abnormal temperature or any other cause or circumstance beyond Seller’s control.

10.9 In the event of replacement or repair of defective Goods or re-provision of service under this warranty, the warranty provisions shall apply to the re-provision of service or to the repaired or replaced Goods for the remainder of the original warranty period, but not longer than six months from the time of repair, replacement or re-provision of service.

10.10 Seller shall not be bound by the warranty obligations set forth above if the performance thereof is impracticable or unsafe.

10.11 The obligations resulting from the above provisions shall cease at the end of the warranty period.

11. Excluded warranties

11.1 Seller makes no warranty to Buyer that the Goods are fit for Buyer’s purpose unless Buyer has explicitly questioned Seller in advance and warrants only that the Goods conform to the specifications provided by Manufacturer or Seller. In any case where Seller has relied on Buyer’s judgment as to the suitability of the Goods or services for Buyer’s purpose, Seller shall not be liable for such judgment or the consequences thereof, and Buyer shall indemnify Seller for any damages, costs, suits or expenses incurred by Seller in connection therewith.

11.2 It shall be Buyer’s responsibility to determine whether the goods or services are suitable for its intended use and whether they comply with all laws, regulations, codes and standards applicable to such use, and Buyer shall bear all risks in connection therewith.

12. Claims – returns

The Buyer benefits from the legal guarantees of non-conformity as well as for hidden defects of the thing sold, including the defects of conformity resulting from the packaging of the Goods ordered on the Site.
If the Buyer finds that the Goods delivered to him/her have a defect, a lack of conformity or are damaged, he/she must inform the Seller at the address mentioned in article 3 hereof, indicating the nature of the defect, the lack of conformity or the damage found and sending him/her any useful proof, in particular in the form of photograph(s) and video(s).
No return of goods will be accepted without the prior agreement of the Seller and the issuance of an RMA (Return Merchandise Authorization).
Under no circumstances will goods that have been the subject of a special order be returned or exchanged.

13. Buyer’s rights

13.1 Seller limits its liability to legal liability only, unless otherwise agreed in writing with Buyer.

13.2 For the purposes hereof, the term “legal liability” means any liability of Seller, its employees, agents or subcontractors under applicable laws or regulations in France, or arising from a decision of a court or competent authority, whether such liability is in contract, tort or quasi tort.

14. Damages and interest

If, notwithstanding repeated attempts to perform its obligations under the warranty, Seller fails to perform such obligations, Seller shall pay Buyer damages in an amount not to exceed the purchase price of the defective Goods or the amount received by Seller for services provided.

15. Damage to property and persons

Seller shall not be liable in any manner whatsoever for damage to plant, factories, property or persons, even if such damage is caused by Seller’s direct or indirect fault or by the Goods supplied by Seller. Therefore, Seller shall not be liable for damages in this regard, even if legal liability is established.

16. Economic damages, consequential damages and third party claims

The Seller shall never be liable for the following damages, whether foreseeable or unforeseeable and even if they are the result of his fault:

16.1 Economic damages, including but not limited to damage to Buyer’s professional reputation, loss of business profits or expected savings, loss of employees or agents, costs incurred in connection with the contract or as a result of defective performance or non-performance.

16.2 Consequential damages.

16.3 Damages resulting from a claim by a third party against the Buyer.

17. Health and safety

17.1 Buyer undertakes to use the Supply only for uses prescribed by Seller in its most recent notices or for uses which Seller has notified Buyer in writing as involving personal safety hazards.

17.2 Buyer agrees to comply fully with any safety instructions provided by Seller with respect to the use of the Goods or services, and, if requested by Seller, Buyer agrees to provide Seller with a written undertaking to comply with Seller’s instructions so that the Goods may be used without risk to personal safety.

18. Personal data

The Seller has a personal data protection policy, the characteristics of which are explained in the Privacy Policy (see link), which the Buyer is expressly invited to read.

19. Links and third party sites

The Seller shall in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Buyer would access through the Site.

Seller assumes no responsibility for the content, advertising, Goods and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.

Seller is not responsible for any transactions between Buyer and any advertiser, professional or merchant (including any of its partners) to whom Buyer may be directed through the Site and shall not be a party to any disputes with such third parties regarding, among other things, the delivery of Goods and/or services, warranties, representations and other obligations of such third parties.

20. Prohibited behaviour

20.1 The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into the systems of The Seller, (iii) any misappropriation of the system resources of the Site, (iv) any actions likely to impose a disproportionate burden on the infrastructures of the latter, (v) any infringement of security and authentication measures, (vi) any acts likely to infringe the rights and financial, commercial or moral interests of the Seller or users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these terms and conditions or the laws and regulations in force.

20.2 It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as the information it contains.

20.3 In the event of a breach of any of the provisions of this article or, more generally, of laws and regulations, the Seller reserves the right to take all appropriate measures and to initiate any legal action.

21. Quantities

Unless otherwise stipulated in the acknowledgment of receipt, Seller shall be entitled to deviate from the quantity specified by Buyer by 5% more or less for any order, the invoice being based on the quantities actually delivered.

22. Tolerance

It is expressly recognized by the parties that the dimensions, shapes, colors and weights of certain goods subject to variations inherent in their nature shall be subject to customary tolerances.

23. Engineering costs

Seller reserves the right to charge Buyer for engineering costs and expenses (whether internal or external) incurred by Seller in connection with the design or manufacture of the Goods, including but not limited to design fees and the cost of special tools, which have been made known to and accepted by Buyer by any oral or written means. Such costs and expenses shall be in addition to the price payable by Buyer for the Goods. Seller shall retain ownership of the tools and design work and all industrial or intellectual property rights therein, even if paid for by Buyer.

24. Force majeure

Seller shall have no liability under the supply contract if the performance of its obligations is prevented, delayed or paralyzed by an event of force majeure or by any event beyond Seller’s control, including, without limitation, acts of God, terrorist attack, fire, flood, war, riot, insurrection, embargo, regulation and prescription by public authority, inability to obtain supplies from its suppliers, or any other event beyond Seller’s control.

25. Jurisdiction

All questions relating to these general conditions as well as to the sales they govern will be exclusively subject to French law. In the event of a dispute, the Paris Commercial Court has sole jurisdiction, regardless of the place of delivery, or the method of payment, and even in the event of a guarantee call, multiple defendants or contrary arbitration clauses, without that the attribution clauses of jurisdiction which may exist on the documents of the Buyers could prevent the application of this clause.