General sales conditions

These conditions are concluded between, the first party, the company INFINISEA CREATIONS LTD, entered in the Fréjus Trade & Companies Register with the number 421 936 378 with its headquarters at Domaine des Châtaigniers, Roquebrune sur Argens 83520 France, hereinafter known as “ INFINISEA CREATIONS LTD” and, the second party, any person wishing to make a purchase via the thalgo.com web site, hereinafter known as the “user” or “users”.

 This is a trade brand of the company INFINISEA CREATIONS LTD has a web site hereinafter known as the “Thalgo New Zeland Web Site”, which is accessible directly via the URL, thalgo.co.nz.
Orders may only be despatched to the geographic territories of  New Zeland, and in exceptional circumstances outside the aforementioned area.
These conditions relate exclusively to private individuals (not to trade purchasers).
The parties agree that their relations will be governed exclusively by this agreement, with the exclusion of any other conditions appearing previously on the web site.
Should any condition become ineffective, it will be deemed to be governed by the rules of standard practice applied within the distance selling sector by companies based in New Zeland.


SUBJECT

These conditions aim to define the terms and conditions of sale applicable between INFINISEA CREATIONS LTD and the user, from orders for services up to and including payment and delivery.
They govern all the stages necessary for placing orders and ensure that orders between the contractual parties will be monitored.
Acquisition of goods or services via the web site in question implies unconditional acceptance by the user of these conditions of sale. INFINISEA CREATIONS LTD reserves the right to amend its conditions of sale.
 
1. ORDERS

Users are able to place orders on line.
Orders may only be placed via the web site only after the user is clearly identified.
Confirmation of an order is deemed to represent acceptance of the conditions of sale and an acknowledgement that the user is fully aware of them.
The vendor will issue an e-mail confirmation that the order has been placed.

2. PERIOD OF REFLECTION

Purchasers, who are non-professional individuals, benefit from a period of reflection of seven days from the date on which their ordered is delivered to return the product to the vendor for a free of charge exchange or refund, but will bear the costs of returning the product.

3. DELIVERY

Once placed on the system, orders will be delivered to the address provided by the user.

INFINISEA CREATIONS LTD undertakes to deliver ordered items as quickly as possible. Average lead times are between 8 and 15 days for a domestic delivery.
Lead times are only provided as a guideline; should the lead time for an item exceed thirty days from the date on which the order was placed, the sales agreement may be cancelled and the purchaser given a refund.

INFINISEA CREATIONS LTD makes use of trusted, professional partners to deliver its products; it may not be held responsible for the loss, misplacement or theft of any order.
All risks will be borne by the purchaser from the time the products leave the premises of INFINISEA CREATIONS LTD. In the event of damage in transit, a justified complaint must be made to the carrier within three days (for information) from the delivery date.
As regards the tracking of orders in progress, you may contact INFINISEA CREATIONS LTD directly using the postal address, telephone number and e-mail address given in the “Contact” section.

4. PAYMENT TERMS

Users have the option of paying for their purchases on line, when they place an order, using a credit/debit card.

INFINISEA CREATIONS LTD takes all the necessary measures to guarantee the confidentiality and security of information transmitted on the internet. For this reason, the web site uses a secure SSL type payment module (Secure Socket Layer) provided by Eway in such a way that information transmitted is encrypted by software and that no-one may gain access to it during transmission via the internet.

The price is payable in full when an order is placed.
The total value of the products shipped will only be debited against the purchaser’s account when the products are despatched.

5. UP-TO-DATE PRICES

Prices are given in euros, including all taxes. They may be changed at any time.
They include VAT at the rate applicable on the day the order is placed. Any change in the applicable rate of VAT may be reflected in the prices of products.

6. GUARANTEES

All gift certificates may be exchanged, except where stipulated otherwise on the certificate itself. Any exchange must be made within 15 days from the date on which the order is despatched, with the postmark being deemed to represent the despatch date.
Where the value of the new order is higher than that of the original order, the user must enclose a payment for the difference with the exchange request, and conversely, where the value of the replacement order is less than the initial amount, the user will be given a refund when the request is received, in the form of a credit note for the difference.
In all events, any request for an exchange must be made in by email on the website www.thalgo.co.nz.
Except in exceptional circumstances, no refunds will be given for gift certificates.

7. SIGNATURES AND PROOF

The on-line provision of a credit/debit card number and final validation of the order represents proof of the completeness of the aforementioned order, in accordance with the provisions of law 2000-230 of 13th March 2000 relating to the adaptation of evidentiary law for information technologies and electronic signatures, and represents proof that the amounts committed to by the entry of the articles appearing on the purchase order are due for payment.
This validation is deemed to be equivalent to a signature and represents explicit acceptance of all the operations carried out on the web site.

8 - LIABILITY

The company INFINISEA CREATIONS LTD is only bound to exercise due care as regards all the stages of accessing the web site and the order process as well as delivery and subsequent services. INFINISEA CREATIONS LTD may not be held liable for any drawbacks or losses inherent to the use of the internet, in particular service interruptions, external intrusion or the presence of computer viruses, or any event deemed to be caused by force majeure, as defined by jurisprudence.

The products sold on the web site are described and presented as accurately as possible. If, despite taking every precaution, errors have occurred, INFINISEA CREATIONS LTD may not be held liable for this. Except in cases covered by a guarantee, any operation taking place between INFINISEA CREATIONS LTD and its clients, which is not contested within 6 months, may not result in a claim.

9 - INTELLECTUAL PROPERTY

All component parts of the Thalgo.com web site, in terms of graphics and sound, including the underlying technology, are the exclusive property of INFINISEA CREATIONS LTD.
In accordance with the laws governing intellectual property, any reproduction or representation, in whole or part, of these web sites or any of their component parts, or their modification, is strictly prohibited.

10 - HYPERTEXT LINKS

Any user who has a personal web site and who wishes to place a straightforward link on his/her site leading directly to the homepage on the Thalgo.com web site or any other page, for his/her personal use, must obtain permission to do so from INFINISEA CREATIONS LTD.
However, any hypertext link leading to the Thalgo.com web site that makes use of a framing or in-line linking technique is formally prohibited.
In all events, any link, even one that has been tacitly authorised, must be withdrawn in response to a request from the company INFINISEA CREATIONS LTD.
The Thalgo.com web site may contain links to other web sites. INFINISEA CREATIONS LTD may not be held responsible for the content of these web sites.

11 - PERSONAL INFORMATION

INFINISEA CREATIONS LTD reserves the right to gather information about the user, specifically by means of cookies. Internet users have the choice of rejecting these cookies by activating this option on their browser, or of deleting them, but should understand that use of the Thalgo.com web site may be restricted as a result.
INFINISEA CREATIONS LTD may subsequently use this personal information to provide information for internet users about Thalgo products and offers, promotional offers from Thalgo.com or any operations relating specifically to competitions.  
INFINISEA CREATIONS LTD undertakes not to pass on the identity and address, phone number, e-mail address, etc. of users of its services to any commercial partner outside the Thalgo organisation.

Internet users are informed that they may choose not to receive promotional messages at any time by clicking on the ("unsubscribe") link that appears at the bottom of all of these types of e-mails, or by sending an e-mail to: webmaster@thalgo.com

Pursuant to article 27 of French law governing IT, files and freedom of information of 6th January 1978, internet users have the right to access and request correction of information relating to them, a right that may be exercised by writing to:

INFINISEA CREATIONS LTD – 29 Dacre Street- Eden Tce. – Ackland 1010 – New Zealand
or by sending an e-mail to: webmaster@thalgo.com stating that this request relates to the Thalgo.co.nz web site.

Users are informed that this automated information processing, specifically the management of users’ e-mail addresses, has formed the subject of a declaration to the CNIL (Commission nationale de l'informatique et des libertés - National commission for information technology and civil liberties).

12 - INTEGRALITY

In the event that one of the clauses of this agreement should become nul and void because of a change to  legislation, regulations or a legal ruling, this will not affect in any way the validity and adherence to these general conditions of sale.

13 - TERM

These conditions apply for as long as on line services are provided by the company INFINISEA CREATIONS LTD.

14 - PROOF

The computerised records, stored within the IT systems of the company INFINISEA CREATIONS LTD and its partners, under the appropriate security conditions, will be considered as proof of communication, orders and payments made between the parties.

15 - STORING AND ARCHIVING TRANSACTIONS

Purchase orders and invoices are archived using reliable and long-lasting media in such a way as to represent a faithful and durable copy pursuant to article 1348 of French civil law.
 
16 - APPLICABLE LAW

Jurisdiction in the event of any dispute, and should no amicable agreement be reached between the parties notwithstanding a plurality of defendants and/or the introduction of third parties, including in the event of summary procedures or protective measures instituted by means of an injunction or petition.