Terms & Conditions
ARTICLE 1: SCOPE AND MODIFICATION OF GENERAL TERMS OF SALE
These general terms of sale apply to all of the orders placed on the website www.talika.us, an electronic commerce service offered by the company Talika USA - Danielle Roches.
The vendor reserves the right to modify the present general terms of sale at any time. In the event of modification, the general terms of sale in effect on the date of order placement are the ones that will be applied.
These general terms of sale pertain exclusively to non-trading individuals.
ARTICLE 2: PRODUCT AVAILABILITY
Our product portfolio and prices are valid so long as they are visible on the website. Upon receipt of your order, we will check the availability of the ordered product(s). In the unusual case of unavailability, we will either deliver the ordered product to you or issue you a refund via the payment method used to place your order, within 30 days of submission of the order.
The date of order entry is the date of online payment by debit/credit card on our partner’s secure payment platform.
In the event that one of the products in your order is temporarily out of stock, we will ship the rest of your order, with an informational message provided on the packing slip.
ARTICLE 3: ORDER SUBMISSION AND ELECTRONIC SIGNATURE
All orders submitted by clicking on the “Confirm order” button during the order process entail the irrevocable acceptance of the present general terms of sale.
Clicking on the “Confirm order” button, which is associated with the authentication and non-repudiation procedure and with the protection of message integrity, constitutes electronic signature. That electronic signature will have the same value for the parties as a handwritten signature.
ARTICLE 4: PRICES
Talika reserves the right to modify its prices at any time, but will apply the pricing shown at the time of your order placement, subject to the product’s availability on that date.
The products will remain the property of Talika, until such time as Talika has received payment for them.
ARTICLE 5: PAYMENT TERMS AND SECURITY
Payment by credit or debit card
You can make your payment by credit or debit card, in which case, payment will be made on our partner’s website. This means that none of your account information will transit via the Talika website. As a result, payments by card are completely secure. Once the payment service accepts your payment, your order will be entered. You can pay online with complete peace of mind, by entering the card number, expiration date and security code on the back of the card in the spots provided for those purposes.
Your card information is encrypted using SSL (Secure Socket Layer) protocol and is never sent over the network as clear text. Payment is made directly to the bank. Talika will never have access to your card information, nor will it save that information on its servers. For that reason, you will be asked to enter it again for each new order you place on our website.
Payment by PayPal
Talika reserves the right to verify the validity of the payment before shipping the order, by any means that Talika may deem necessary (for example, requesting copies of identification documents, proof of residence, etc.).
Talika reserves the right to refuse to ship or otherwise honor an order from a customer who has failed to make payment in full for a previous order or with whom a payment dispute is currently being handled. In the case of fraud, Talika reserves the right to bar the member, with no notice or compensation.
ARTICLE 6: SHIPPING
ORDER PREPARATION TIMES
Orders are prepared within one working day (to which shipping time should be added to calculate the delivery date).
Orders placed on a Saturday, Sunday or holiday will be processed on the next business day.
Orders are shipped to the address appearing on the purchase order. In the event of an input error, particularly an incorrect or incomplete address, Talika shall not be held responsible for the consequences, in terms of delivery delays or inability to deliver. All expenses related to the re-shipment of products due to a customer’s input error will be borne exclusively by that customer.
Time to shipment may not exceed 30 working days after the date of payment confirmation by the customer.
The announced shipping times start when the package leaves the warehouse.
For products sent by Colissimo or to a pick-up location
The average shipping time is one to two working days from payment confirmation.
That is the average time for the service used for deliveries in France and the rest of Europe (Schengen Area).
If the customer is out, they will be responsible for picking up the product from the relevant service.
In the case of holidays, peak periods like semi-annual sales, bad weather, extraordinary closures or driving bans, processing and shipping times may be longer than normal.
After payment confirmation, an order number will be assigned to you. Your order is then entered. We recommend that you print out your order number and save it. You can track its handling at any time, by going to your “My Account” space.
Customers must provide a valid email address. Otherwise, Talika may not be held responsible for any consequences resulting therefrom. Customers must keep their account data up-to-date.
|Canada||14.95 $||Order > to $50|
|United States||5.95 $||Order > to $50|
The countries served by the Talika website are the United States of America and Canada.
ARTICLE 7: RESPONSIBILITIES
Talika may not be held responsible for failure to fulfill the sales contract, in the case of a force majeure event or other exceptional circumstances, as defined by legislation and case law. Customers have sole responsibility for their choice and purchase of a product.
ARTICLE 8: COOLING-OFF PERIOD
TERMS AND CONDITIONS FOR RETURNS
Pursuant to the provisions of Article L121-21 of the French Consumer Code, customers have 14 days in which to signal their decision to cancel a purchase, without having to provide a reason, if the product is not opened or damaged. The starting point for that timeframe is the date of receipt of the order by the customer, or by the third party designated by the customer. If this 14-day period expires on a Saturday, Sunday, holiday or other closure day, it will be extended until the next business day.
To exercise this right to cancel, customers must inform Talika of their decision before the timeframe has expired:
- By clicking here to access your account; or If the return is due to a technical problem / product quality, the return will be free.
- By sending an unambiguous notice, such as an email providing the following information: full name, address, telephone number, order number, item reference number, item type, price and quantity. Form
The customer must then return the item(s) in question to Talika, with no excessive delays and within 14 days of the date of communication of the customer’s decision to return the item(s).
To guarantee receipt and speed up processing of the return, the customer must follow one of the below procedures.
- 1. Pack the product(s) you are returning and attach the duly completed delivery note to the package:
- The reason of the return
- The quantity
- 2. Send your package to the following address:
Talika c/o ADS
105-107 Stonehurst Ct
Once your return has been processed, you will receive a confirmation email.
When a customer uses their right to cancel, Talika will refund the price(s) of the concerned item(s) and, if the entire order is returned, the shipping charges for the least expensive shipping method offered by Talika.
The customer will remain responsible for the return shipping costs. Article 6.4 provides an idea of those return shipping costs.
In the event that one or more returned items were on sale or special offer, the refunded amount will be amount appearing on the invoice attached to the package.
Talika will issue a refund after receipt of the item(s) returned by the customer.
The refund will be made using the same payment method as the returned order, within 30 days of the customer’s exercise of their right to cancel.
A refund will not be issued if the item in question has been damaged as a result of any handling other than that which was necessary in order to examine its nature, its characteristics and/or its compliance.
COMPLIANCE AND LATENT DEFECTS
The products are covered by the statutory warranty of compliance (Articles L211-4 et seq. of the French Consumer Code) and against latent defects (Articles 1641 et seq. of the French Civil Code). All warranties exclude any damage caused by external factors or resulting from misuse, non-compliant use, negligence or improper maintenance by the customer, as well as the product’s normal wear and tear.
- Article L211-4 of the Consumer Code:
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 [...].
- Article L211-5 of the Consumer Code:
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 L211-7 of the Consumer Code:
In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery.
The seller may refute that presumption if it is incompatible with the nature of the product or the non-conformity invoked.
- Article L211-9 of the Consumer Code:
In the event of lack of conformity, the buyer shall choose between repair and replacement of the product. The seller may nevertheless elect not to proceed in accordance with the buyer’s choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible.
- Article L211-10 of the Consumer Code:
If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price.
He has the same option:
1° If the solution requested, proposed or agreed pursuant to Article L211-9 cannot be implemented within one month of the buyer making his claim;
2° Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his intended use.
The sale shall not be cancelled, however, if the lack of conformity is minor.
- Article L211-12 of the Consumer Code:
Action resulting from lack of conformity lapses two years after delivery of the product.
- Article L211-13 of the Consumer Code:
The provisions of the present section do not deprive the buyer of the right to bring an action on account of latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature to which he is entitled under the law.
- Article 1641 of the Civil Code : The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
- Article 1648 of the Civil Code : An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice [...].
The guarantor for any product defects is SARL Danielle Roches, headquartered at 17 rue du Colisée, 75008 Paris, France. When covered by the statutory warranty of compliance, customers have two years from delivery of the product to file a claim. They can then choose between having the product repaired or replaced, subject to the cost conditions stipulated in Article L211-9 of the Consumer Code. For claims filed within six months of delivery of the product, customers are not required to provide proof of non-compliance. The statutory warranty of compliance will apply, regardless of any commercial warranty that may be granted.
Customers can decide to file a claim in the name of the warranty against latent defects in products, as defined by Article 1641 of the Civil Code and can choose between annulment of the sale or a price reduction, pursuant to Article 1644 of the Civil Code.
TERMS FOR RETURNS AND REFUNDS OF DEFECTIVE OR NON-COMPLIANT PRODUCTS
A customer filing a claim against the statutory guarantee of compliance or against latent defects must then return the item, within the aforementioned timeframes, to Talika at:
- Talika c/o ADS
105-107 Stonehurst Ct
Before sending the return, the customer must necessarily contact Web Customer Service by means of the contact form available on the website or at +33 (0)1 80 05 22 60. In the event of a return of a defective or non-compliant product, and once Talika has confirmed the product’s defectiveness or non-compliance, Talika will refund the price of the item(s) in question to the customer and, in the case of return of the full order, the shipping charges.
ARTICLE 10: INTELLECTUAL PROPERTY
All of the elements on Talika’s website, whether visual or auditory, are protected by copyright, trademark or patent. They are the exclusive property of the company Talika. To that end, and pursuant to the provisions of the French Intellectual Property Code, those elements may only be used for private purposes, subject to any provisions to the contrary – or any more restrictive provisions – set out in the Intellectual Property Code.
Full or partial reproduction of the Talika website is strictly prohibited without prior consent.
ARTICLE 11: LIABILITY
At each stage in access to the website (ordering, shipping, customer service and subsequent services), Talika has only an obligation of due care. Talika may not be held liable for any inconveniences or damage inherent to using the Internet, namely including service outages, external intrusion or the presence of computer viruses, or any event that may be qualified as a case of force majeure, in accordance with case law.
Additionally, Talika may not be held liable if the order is not fulfilled or if it is unable to meet any of its obligations due to a force majeure event, as defined by case law, particularly in the event of bad weather preventing transportation of the order.
ARTICLE 12: ENTIRE AGREEMENT
Should, as a result of a change in legislation or regulation, or by means of a court ruling, any of the clauses set out herein be found null and void, that shall not affect the validity or the obligation to conform to the present general terms of sale.
ARTICLE 13: TERM
The present terms of sale shall apply throughout the online publication of the services offered by the company Talika.
ARTICLE 14: PROOF
Computerized registries stored in Talika’s and its partners’ computer systems, under reasonable security measures, will be considered proof of the communications, orders and payments that occurred between the parties.
ARTICLE 15: CONSERVATION AND ARCHIVING OF TRANSACTIONS
Purchase orders and invoices are archived on a reliable, durable medium, such as to ensure durable, true copies in accordance with Article 1348 of the Civil Code.
ARTICLE 16: DISPUTES
The present terms of sale are governed by French law.
In the event of a dispute, Talika and the customer will attempt to come to an amicable solution. If no agreement can be reached, the courts of France alone will have jurisdiction over the matter.
ARTICLE 17: TALIKA CUSTOMER SERVICE
For any information or questions, Talika’s Customer Service is available to our customers:
- Electronically, by means of the contact form located at the bottom of the page. For any ensuing electronic correspondence, customers are asked to communicate from the email address they use for their customer accounts. This will allow the request to be processed more quickly;
- By phone: +33 (0)1 80 05 22 60, Monday to Friday, 10 am to 6 pm CET;
- By mail:
Talika c/o ADS
105-107 Stonehurst Ct
For questions specifically related to order tracking or repairs, sign into your “My Account” space and fill out the contact form.
ARTICLE 18: DATA PROTECTION
Talika reserves the right to collect data on our users, namely by using cookies. Subject to your agreement, we may, for commercial purposes, transmit the identities and contact information of our services’ users to a third-party partner. The users are informed that this automated information processing, particularly the management of user email addresses, was declared to the CNIL (French Data Protection Authority) under number 1899535 v0 on 10/27/2015.
Pursuant to the French Data Protection Act, Law 78-17 of January 6, 1978, you have the right to access, modify, correct and delete your personal data. You can exercise that right by contacting us at the address provided above.
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