Terms and Conditions of Sale

Terms and Conditions of Sale - Tropical Factory

Last updated: 13 November 2024

ARTICLE 1 - PURPOSE

These Terms and Conditions of Sale govern all contractual relations between Tropical Factory, a micro-business specialising in the sale of eco-friendly bags made from recycled materials, and its customers. They apply to all orders placed on the website www.tropicalfactory.co.

ARTICLE 2 - LEGAL INFORMATION

Company: Tropical Factory SIRET: 979 826 252 00012 Registered office: 3 Chemin Kerbel, Les Avirons, 97425 La Réunion Email: contact@tropicalfactory.co Publication director: Founder of Tropical Factory Host: GoDaddy (www.godaddy.com), registered office: 14455 N. Hayden Rd., Ste. 226, Scottsdale, AZ 85260, United States.

ARTICLE 3 - ACCEPTANCE OF THE TERMS

By placing an order on the website www.tropicalfactory.co, the customer fully and unreservedly accepts these Terms. Any contrary condition set by the customer shall be unenforceable against Tropical Factory unless expressly accepted in writing by Tropical Factory.

ARTICLE 4 - CHANGES TO THE TERMS

Tropical Factory reserves the right to change these Terms at any time. The new Terms apply as soon as they are published on the website. In case of disagreement, the customer may cancel their order within 48 hours of being notified.

ARTICLE 5 - PRODUCTS

The products offered by Tropical Factory are mainly bags made from recycled materials. Each product is presented with a description and photographs intended to represent the items offered faithfully. However, the photographs are for illustration only and may vary slightly.

ARTICLE 6 - PRICES AND TAXES

Product prices are shown in euros excluding VAT, in accordance with article 293 B of the French General Tax Code, VAT not being applicable to micro-entrepreneurs. Prices may change, but price changes do not apply to orders being processed. Delivery costs are shown when ordering and added to the total amount payable.

ARTICLE 7 - ORDERING

To place an order, the customer must follow these steps:

Select the products and add them to the basket.
Confirm the basket and provide the information needed for delivery.
Choose the payment method and accept the Terms.
Confirm the order to proceed to payment.

An order confirmation email will be sent to the customer.

ARTICLE 8 - PAYMENT

Payment is due when the order is placed and can be made by bank card or any other method offered on the website. Tropical Factory uses secure payment services to keep bank details confidential. Payment by cheque is not accepted.

ARTICLE 9 - DELIVERY

Delivery zones: Tropical Factory mainly delivers to Reunion Island and Europe with Colissimo. Orders outside these geographical zones cannot be processed.

Delivery times: Orders are shipped within 5 working days after confirmation. Delivery times may vary depending on the destination and are specified when ordering.

Delivery costs: Delivery costs are calculated according to the delivery address and the weight of the products. These costs are shown before the order is confirmed.

Customer responsibility: The customer must provide accurate delivery information. In the event of an error in the delivery address, Tropical Factory cannot be held responsible for any delay or failure of delivery.

ARTICLE 10 - RETENTION OF TITLE

The products remain the property of Tropical Factory until the price has been paid in full. In the event of non-payment, Tropical Factory reserves the right to reclaim the products delivered.

ARTICLE 11 - RIGHT OF WITHDRAWAL

In accordance with the French Consumer Code, the customer has a withdrawal period of 14 calendar days from receipt of the products. To exercise this right, the customer must notify Tropical Factory by email at contact@tropicalfactory.co, clearly stating their intention to withdraw.

Return conditions: Products must be returned in their original condition, unused and in their original packaging. Return costs are borne by the customer, unless the return is due to an error by Tropical Factory.

Refund: In the event of withdrawal, Tropical Factory will refund the customer within 14 days of receiving the returned products.

ARTICLE 12 - LEGAL GUARANTEES

Products sold by Tropical Factory benefit from the legal guarantees of conformity and against hidden defects. In the event of non-conformity or a defect in the product, the customer has two years to assert their rights by contacting Tropical Factory.

ARTICLE 13 - LIMITATION OF LIABILITY

Tropical Factory cannot be held responsible for indirect damage resulting from the use of its products. In the event of non-delivery due to unforeseen circumstances (strikes, extreme weather events, etc.), Tropical Factory cannot be held responsible but will endeavour to find an alternative solution.

ARTICLE 14 - FORCE MAJEURE

In the event of force majeure preventing Tropical Factory from fulfilling its obligations, as defined by case law, the contract will be suspended for the whole duration of the event. If this impediment lasts more than 30 days, the contract may be terminated by right by either party without compensation.

ARTICLE 15 - SEVERABILITY

If any clause of these Terms is held to be unlawful or unenforceable, the other provisions will remain in force and applicable. This ensures that the rest of the contract remains valid.

ARTICLE 16 - PERSONAL DATA PROTECTION

Tropical Factory collects its customers’ personal data to process orders and improve the user experience. The data collected is strictly confidential and will never be sold to third parties. In accordance with the GDPR, the customer has the right to access, rectify, object to and delete their data. To exercise these rights, simply contact Tropical Factory at the following email address: contact@tropicalfactory.co.

ARTICLE 17 - COOKIES

The website www.tropicalfactory.co uses cookies to improve the user experience. The customer can set their cookie preferences in their browser.

ARTICLE 18 - INTELLECTUAL PROPERTY

All elements of the website www.tropicalfactory.co, including texts, images and logos, are protected by intellectual property rights. Any unauthorised reproduction or use is strictly prohibited and will expose the offender to legal proceedings.

ARTICLE 19 - APPLICABLE LAW AND JURISDICTION

These Terms are governed by French law. In the event of a dispute, the parties will try to find an amicable solution. Failing that, the competent courts of Saint-Pierre, La Réunion, will have sole jurisdiction to settle the dispute.