TERMS OF SALES
Between TAHITI DUTY FREE
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the page
Hereinafter the “Seller” or the “Company”.
And the natural or legal person purchasing the company’s products or services,
Hereinafter, “the Buyer”, or “the Customer”
On the other hand,
The following has been stated and agreed:
The Seller is an editor of Products and Services intended for consumers,
marketed through its websites. The list and
description of the goods and services offered by the Company can be found on the sites
Article 1: object
These General Conditions of Sale determine the rights and obligations of the parties
in the context of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Conditions of Sale (GTC) govern the sales of Products or
Services, performed through the Company’s websites, and are an integral part of the
Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has them
accepted before ordering.
The Seller reserves the right to modify these, at any time by publication
of a new version on its website. The applicable CGV then are those being in
in force on the date of payment (or of the first payment in the case of multiple payments) of the
ordered. These T & Cs can be viewed on the Company’s website at the following address:
The Company also ensures that their acceptance is clear and unreserved by putting in place
places a check box and a validation click. The Customer declares to have read
all of these General Conditions of Sale, and if applicable of the Conditions
Individual Sales related to a product or service, and accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information in order to ensure that
the adequacy of the offer to its needs.
The Customer declares to be able to contract legally under French law or
validly represent the natural or legal person for which it undertakes.
Unless proven otherwise, the information recorded by the Company constitutes proof of
Article 3: Price
The prices of products sold through websites are indicated in CFP excluding taxes and
precisely determined on the Product description pages. They are also indicated in
CFP all taxes included (VAT + any other taxes) on the order page of
products, and excluding specific shipping costs. For all products shipped outside the Union
European and / or DOM-TOM, the price is calculated automatically excluding tax on the invoice. Of
customs or other local taxes or import duties or state taxes are likely
to be due in some cases. These rights and sums are not the responsibility of the Seller.
They will be charged to the buyer and are their responsibility (declarations, payment to
competent authorities, etc.). The Seller therefore invites the buyer to inquire about these
aspects with the corresponding local authorities. The Company reserves the right to
change prices at any time for the future. Telecommunication costs necessary to
access to the Company’s websites are the responsibility of the Client. Where appropriate also, the
Article 4: Conclusion of the online contract
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series
of steps to conclude the contract electronically to be able to place an order:;
Information on the essential characteristics of the Product; Choice of Product, if applicable
if applicable, of its options – Indication of the Client’s essential contact details (identification, email,
address…) ; Acceptance of these General Conditions of Sale
Verification of the elements of the order (double click formality) and, if necessary, correction
errors. Before confirming, the Buyer has the possibility to check the details of
his order, his price, and correct any errors, or cancel his order. The
confirmation of the order will prevail the formation of this contract. Then followed by
instructions for payment, payment for products, and delivery of the order. The customer
will receive confirmation by email of payment for the order, as well as an acknowledgment
of receipt of the order confirming it. He will receive a .pdf copy of these
Terms of Sales.
The customer will have during his order process the possibility of identifying
possible errors in data entry and correction. The proposed language
for the conclusion of the contract is the French language.
The terms of the offer and the general conditions of sale are sent by email to
the buyer when ordering and archived on the Seller’s website. Where applicable,
professional and commercial rules to which the offeror intends to comply are
can be consulted in the “additional rules” section of these GTCS, which can be consulted on the
Seller at the following address: tahitidutyfree.pf/cgv.
Archiving of communications, the order, details of the order, as well as
invoices are made on a reliable and durable medium so as to constitute a true copy and
durable in accordance with the provisions of article 1360 of the civil code. This information can
be produced as proof of contract.
For the delivered products, the delivery will be made to the address indicated by the Customer. For good
fulfillment of the order, the Customer agrees to provide its true identification elements.
The Seller reserves the right to refuse the order, for example for any request
abnormal, performed in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are set
provision of the buyer on the company’s websites, as well as, where applicable, that the
how to use the product. In accordance with article L112-1 of the Consumer Code, the
consumer is informed, by way of marking, labeling, display or any other
appropriate process, prices and specific conditions of the sale and execution of
services before any conclusion of the sales contract. In all cases, the total amount owed by
the Buyer is indicated on the order confirmation page. The selling price of the product
is the one in force indicated on the day of the order, it does not include shipping costs
charged extra. These possible costs are indicated to the Buyer during the sales process, and
in any event at the time of confirmation of the order. The Seller reserves the
possibility to modify its prices at any time, while guaranteeing the application of the indicated price
at the time of order.
When products or services are not performed immediately, clear information is
given on the product presentation page regarding the delivery dates of the products or
services. The customer certifies having received a detail of the delivery costs as well as the terms of
payment, delivery and execution of the contract, as well as detailed information relating to
the identity of the seller, his postal, telephone and electronic contact details, and his activities
in the context of this sale. The Seller undertakes to fulfill the Customer’s order
within the limit of stocks of Products available only. Otherwise, the Seller informs the
Customer; if the order has been placed, and failing agreement with the Customer on a new date of
delivery, the Seller reimburses the customer.
The contractual information is presented in detail and in French. The parts
agree that illustrations or photos of products offered for sale have no value
contractual. The period of validity of the offer of the Products as well as their prices is specified on the
Company websites, as well as the minimum duration of the contracts offered when these
relate to a continuous or periodic supply of products or services. Except conditions
particular, the rights granted hereunder are only granted to the person
physical signatory of the order (or the person holding the communicated email address).
Article 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products and services offered
for sale through these GTC meet the requirements in force relating to
safety and health of people, fair trading and protection
consumers. Independently of any commercial guarantee, the Seller remains bound by
conformity defects and hidden defects of the product.
In accordance with article L.217-4, the seller delivers a good in conformity with the contract and answers for
lack of conformity existing at the time of issue. It also responds to defects in
conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions on compliance and hidden defects (art. 1641 c.
civ.), the Seller refunds or exchanges defective products or those not corresponding to the
ordered. The refund can be requested as follows: by email with proof of non-compliance via photo. The product (s) must be in their packaging and not used.
The costs of returns are borne by the Customer.
Article 7: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 8: Delivery terms
The products are delivered to the delivery address which was indicated when ordering and in
the times indicated. These times do not take into account the time of preparation of the order.
When the delivery requires an appointment with the Customer chosen when taking the order. When the Customer orders several products at the same time, these may
have different delivery times. In case of delay in shipment the customer will be informed by email of the reasons for the delay. In case of delay of
delivery, the Customer has the possibility of terminating the contract under the terms and conditions
defined in Article L 138-2 of the Consumer Code. The Seller then proceeds to
reimbursement of the product and “outward” costs under the conditions of Article L 138-3 of the Code
consumption. The Seller provides a telephone contact point (cost of a
local communication from a landline) indicated in the order confirmation email
to keep track of the order. The Seller recalls that when the Customer hangs
physical possession of products, risk of loss or damage to products
are transferred to it. It is up to the Customer to notify the carrier of any reservations about the product
Article 9: Availability and presentation
If an item is unavailable for a period greater than 30 working days, you
will be immediately notified of foreseeable delivery times and the order of this item
can be canceled on request. The Customer can then request a credit for the
amount of the item or its full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon order, including for products in
pre-order. The Customer can pay by credit card or bank check.
Cards issued by banks domiciled outside of France must be
international bank cards (Mastercard or Visa). Secure online payment by card
banking is carried out by our payment service provider. The information transmitted is encrypted
in the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after
verification of information. In accordance with the provisions of the Monetary and Financial Code,
the commitment to pay given by card is irrevocable. Communicating information
during the sale, the Customer authorizes the Seller to debit his card for the amount relating to
price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is
legally entitled to use it. In the event of an error, or if it is impossible to charge the card, the
Sale is immediately automatically resolved and the order canceled.
Article 11: withdrawal period
In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer
has the right to withdraw without giving reasons, within fourteen (14) days from the
date of receipt of his order.
The right of withdrawal can be exercised by contacting the Company in the following manner: by email, notifying the reasons for withdrawal.
We inform Customers that in accordance with the provisions of
Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be
exercised for consumables. In case of exercise of the right
of withdrawal within the above-mentioned period, the price of the product (s) purchased and the shipping costs
will be reimbursed, the return costs remaining the responsibility of the Customer. Product returns are
to be carried out in their original state and complete (packaging, accessories, instructions, etc.); they
if possible, be accompanied by a copy of the proof of purchase. Refund procedure: the refund will be made after validation of the decision by the seller’s management and after having received the products in adequate condition.
Article 12: Guarantees
In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to
hidden product defects. The Seller reimburses the buyer or exchanges the products
apparently defective or not corresponding to the order made. The request of
reimbursement must be made by email. The
Seller recalls that the consumer: has a period of 2 years from the
delivery of the good to act with the Seller that he can choose between replacement
and the repair of the goods subject to the conditions provided for in the above-mentioned provisions.
apparently defective or not corresponding that it is exempt from providing proof
the existence of the lack of conformity of the goods during the six months following the delivery of the goods.
that, except second-hand goods, this period will be extended to 24 months from March 18, 2016
that the consumer can also assert the guarantee against hidden defects of
the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose
between the resolution of the sale or a reduction in the sale price (provisions of articles 1644 of
Article 13: Complaints and mediation
If necessary, the Buyer can present any complaint by contacting via the contact form on their website tahitidutyfree.pf or in a shop at Tahiti Faaa Airport
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the
consumer is informed that he can use a consumer mediator in
conditions provided for by Title I of Book VI of the Consumer Code.
In case of failure of the claim request to the seller’s customer service, or
the lack of response within two months, the consumer can submit the dispute to
a mediator who will try independently to bring the parties together in order to obtain
an amicable solution.
Article 14: termination of the contract
The order can be resolved by the buyer by registered letter with request for advice from
reception in the following cases: – delivery of a product that does not comply with the characteristics of the
ordered ; – delivery exceeding the deadline fixed at the time of the order or, failing this date,
within thirty days of payment; – unjustified price increase or modification of the
product. In these cases, the buyer can demand the refund of the deposit paid plus
interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally
all information subject to intellectual property rights are and remain the exclusive property of
seller. No transfer of intellectual property rights is carried out through
present GTC. Any total or partial reproduction, modification or use of these goods
for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
The fulfillment of the seller’s obligations at the end of this agreement is suspended in the event of
occurrence of a fortuitous event or force majeure which would prevent its execution. Seller
will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract
If one of the stipulations of this contract is canceled, this nullity would not result in nullity
other stipulations which will remain in force between the parties. Any modification
contractual is only valid after a written and signed agreement of the parties.
Article 19: Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals
physical with regard to the processing of personal data and the free movement of
this data, the Seller sets up a processing of personal data which aims to
sale and delivery of products and services defined in this contract. The Buyer is informed of
– the identity and contact details of the controller and, if applicable, the representative
the data controller: the Seller, as indicated at the top of these GTCs; – the legal basis of the processing:
contractual performance –
recipients or categories of recipients of personal data, if they
exist: the data controller, its departments in charge of marketing, the services in
IT security, the department in charge of sales, delivery and
order, the subcontractors involved in the delivery and sales operations as well as
any authority legally authorized to access the personal data in question – none
transfer outside the EU is not foreseen – data retention period: prescription time
commercial – the data subject has the right to ask the person responsible for
processing access to personal data, rectification or deletion thereof,
or a limitation of the processing relating to the data subject, or of the right to object to
processing and the right to data portability – The data subject has the right to enter
a complaint to a supervisory authority – the information requested during the
order are necessary for the establishment of the invoice (legal obligation) and the delivery of
goods ordered, otherwise the order cannot be placed. No decision
automated or profiling is only implemented through the ordering process.
Article 20: Applicable law and clauses
All the clauses appearing in these general conditions of sale, as well as all
Purchase and sale operations referred to therein will be subject to French law.
The nullity of a contractual clause does not result in the nullity of these general conditions
Article 21: Consumer information
For consumer information, the provisions of the civil code and the code of
consumption are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects in the
something sold which makes it unfit for its intended use, or which diminishes so much
this use that the buyer would not have acquired, or would have given that a lower price, if he
Article 1648 of the Civil Code: The action resulting from latent defects must be brought by
the buyer within two years of discovering the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, in
the year following the date on which the seller can be discharged from defects or defects in
Article L. 217-4 of the Consumer Code: The seller delivers goods that comply with the contract and
is responsible for any lack of conformity existing at the time of delivery.
He is also responsible for any lack of conformity resulting from the packaging, the instructions of
assembly or installation when it has been charged to it by the contract or has been carried out
under his responsibility.
Article L. 217-5 of the Consumer Code: The product conforms to the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller has
presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect with regard to the declarations
made by the seller, the producer or his representative, especially in the
advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is clean
for any special purpose sought by the buyer, made known to the seller and that
the latter accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is
prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller,
during the course of the commercial guarantee which was granted to him during the acquisition or the
repair of movable property, repair covered by the warranty, any period
downtime of at least seven days is added to the remaining warranty period.
This period runs from the request for intervention of the buyer or the update
provision for repair of the good in question, if this provision is after the
request for intervention.