1 - General
2 - Products
3 - Period of validity for sales offers
4 - Product prices
5 - Orders
6 - Overdue payment
7 - Delivery method
8 - Delivery time
9 - Claim
10 - Billing
11 - Payment method
12 - Guarantee
13 - Right of cancellation
14 - Reservation of title and liability
15 - Privacy policy
16 - Jurisdictional clause

1 - General
The purpose of these general sales conditions is to lay down the contractual relations between VIRGIN PEARLS and the Customer who uses the www.tahiti-blackpearl.com Web site and accepts the said general sales conditions.
Any other condition will not be binding on VIRGIN PEARLS unless written confirmation is given by VIRGIN PEARLS . The information contained in the site may be changed by VIRGIN PEARLS without prior notice. Placing an order on www.tahiti-blackpearl.com.com involves unconditional acceptance of these general sales conditions.
2 - Products
The characteristics of the products offered for sale are described on the site under various headings from which purchasing may be made. The photographs shown are not part of the contract. VIRGIN PEARLS will not accept liability should said photographs contain errors.
3 - Period of validity for sales offers
The products are offered for sale on the basis of stock availability. Regarding products not in stock in our warehouses, our offers are valid subject to availability from our suppliers. In the event of orders for products not available, the Customer will be notified as promptly as possible through his customer account available on the site and/or by email. Of course, we will make every effort so that the products proposed for sale be available within the time specified.
4 - Product prices
Prices shown on www.tahiti-blackpearl.com are expressed in CFP francs (French Pacific francs) and inclusive of tax but do not include postage. Prices may be changed at any time without prior notice.
Shipping costs based on the type of items ordered and place for delivery are added to the prices. Postage will be indicated on the computer screen once the Customer has completed his selection, and repeated in the order summary prior to validation.
The price is payable cash on the date of ordering. Prices offered are those indicated at the time of ordering subject to availability of stocks and misprints or change in the French VAT (Value Added tax) rate. Any change in said rate would then be immediately reflected on selling prices.
5 - Orders
The Customer is required to provide personal identification details whenever he wishes to place an order. To do so, he must fill in a specific form as indicated in on-line instructions to provide the details required for identification purposes and, in particular, his full name, telephone number, mail address and address for delivery. Additional information may be required of him later on to ensure quality and safety in the delivery process.
Once the Customer has selected the products offered, he validates his order by clicking the "Validate Order" button to indicate his commitment and acceptance of the General Sales Conditions. From that moment on, the order is entered and the Customer is given an order number as well as confirmation on the screen and/or by electronic mail. The details recorded by VIRGIN PEARLS are proof of the nature, content and date of the order.
No unilateral cancellation of order is accepted withoutVIRGIN PEARLS 's approval. In the event that the order needs to be cancelled, the purchaser must contact VIRGIN PEARLS as promptly as possible (contact@tahiti-blackpearl.com ). In any event, should the Customer cancel his order, the handling of the cancellation process entails a compensation amounting to 10% of the order's sum inclusive of tax, and loss of the deposit paid by the Customer.
The billing includes the detailed price of every product exclusive of tax and, if applicable, the amount of VAT based on the total amount exclusive of tax and included in the total amount inclusive of tax.
6 - Overdue payment
Concerning institutional/corporate Customers: Pursuant to Article L.441-6 of the Commercial Code, late payment charges are payable the day after the payment date shown on the bill in those cases where the sums owed are paid beyond said payment date.
7 - Delivery method
The products ordered are delivered at the address specified by the Customer at the time his order is placed. Delivery will not be made until the order is validated by the Customer and payment in full is effected. The financial institutions concerned must give prior approval for payment. In the event of a refusal by such institutions, the order is cancelled automatically. Should the Customer decide not to take delivery, the products he has ordered may be delivered at VIRGIN PEARLS. Also, in the event of a dispute between VIRGIN PEARLS and the Customer, VIRGIN PEARLS reserves the right to refuse any order from him.
8 - Delivery time
If the item ordered is available from stock, delivery time is 2 business days approximately for any order placed before 01:00 pm and 3 days afterwards. In the event of shortage of stock, restocking time is 3 weeks approximately. Delivery time starts only from the date the order is paid for.
In the event of force majeure or exceptional events (natural disaster, epidemics, strike, war, lockout, etc.) delaying or preventing delivery of the merchandise, VIRGIN PEARLS will be relieved of any liability. In any and all cases, delivery within the time scheduled is effected provided the Customer has fulfilled his obligations to VIRGIN PEARLS .
9 - Claim
By signing the delivery note, the Customer accepts the products delivered in the "as is" condition and from that moment on no claim relating to damage sustained during shipping will be accepted. It is the Customer's responsibility to check everything and express reservations on delivery of the equipment and, if applicable, exercize any recourse against the shipper.
On receipt of the goods, the Customer must verify their condition and conformity to the contract immediately. If applicable, the verification should also be conducted with respect to the internal condition of pre-assembled machines. Any claim relating to defects in merchandise delivered, incorrect quantities or references against the order confirmed by VIRGIN PEARLS , must be made in writing within four days of receiving the merchandise failing which the right to claim will cease to exist. Any return of merchandise requires prior approval of VIRGIN PEARLS . Failing approval, any merchandise returned is held at the Customer's disposal at his costs and risk and any and all shipping, storage, handling costs are his responsibility. In any case, the return of merchandise is at the Customer's cost and risk.
10 - Billing
A detailed bill is enclosed with every parcel delivered to the Customer. Public bodies, companies and professionals may recover the VAT tax which is indicated on bills.
11 - Payment method
VIRGIN PEARLS reserves the right to request the Customer to provide a bank check and/or I.D. document and/or proof of residence whenever the sums involved are substantial.
By bank card: (Visa, Eurocard, Mastercard accepted in France).
Validation of an order by bank card is equivalent to paying the price, inclusive of tax, of the order.
There are two possibilities for the Customer to communicate the card number, date of validity and name of holder:
On the Internet:
With the SSL protocol, the Customer may safely communicate the type of card (Visa, Eurocard, Mastercard), bank card number, date of validity and name of card holder.
By fax:
The Customer may communicate the order form by FAX including the order number, bank card number, type of card (Visa, Mastercard, Eurocard), date of validity and name of card holder (name as shown on the bank card). The information must be communicated 24 hours at the latest after the order is validated on the Internet site. The order will be cancelled beyond said time-limit.
In cash:
The Customer may deposit the amount of his order in cash at VIRGIN PEARLS, with an indication of his order number.
12 - Guarantee and after-sales service
All products sold on www.tahiti-blackpearl.com are guaranteed against manufacturing defects and faulty materials. The period of guarantee is one year return-to-workshop (from the date shown on the bill). Depending on products and date of purchase, repair will be accepted either by VIRGIN PEARLS or by the manufacturer directly. In the event of return of equipment proving to be not defective, shipping, handling and testing costs may be charged to the Customer. The guarantee does not cover damage caused by accidents, incorrect use or negligence.
Any return of merchandise requiresVIRGIN PEARLS 's prior approval and the issue by VIRGIN PEARLS of a return number to the Customer, which number must be clearly indicated on any returned parcel. Return of merchandise is at the Customer's cost and risk. Any products returned by a shipper not physically or adequately protected will not be covered by the guarantee. It is therefore up to the Customer to see that the returned products are protected and secured for shipping.
The Customer is advised to keep all packaging, accessories supplied with the product as well as labels, if any, affixed to the product or packaging thereof, which are required in order to benefit from the guarantee provided (as well as the delivery note and VIRGIN PEARLS 's bill).
VIRGIN PEARLS is not the manufacturer of the products offered, within the meaning of Law No. 98-389 of May 19, 1998 relating to defective product liability. Therefore, in the event of damage caused to an individual or a property by a defective product, liability for the product concerned will lie solely with the manufacturer.
VIRGIN PEARLS will make sure that the guarantee operates in regard to any product returned at the earliest opportunity. However, when repairing requires returning the product to the manufacturer, VIRGIN PEARLS will not be held liable for possible delays on the part of the manufacturer. Also, VIRGIN PEARLS 's after-sales service will select the carrier in charge of delivering the merchandise to the Customer. Depending on specific conditions, an exchange or loan of equipment may be arranged.
13 - Right of cancellation
If you are a private individual, you have 7 days from the date of delivery of your order to assert your right of cancellation and be refunded in full (including postage) – the cost of returning the merchandise is your responsibility. However, any incomplete, worn out, damaged or soiled products will not be taken back. As is the case for any other return of merchandise, the Customer is required to first obtain a return number from VIRGIN PEARLS .
14 - Reservation of title and liability
VIRGIN PEARLS retains ownership of the merchandise until the Customer has paid for it in full. Ownership of products is transferred to the Customer on payment of the price in full. However, in the period running between delivery and transfer of ownership, the risk of loss, theft or destruction is borne by the Customer.
Non-fulfilment by the Customer of his payment obligations for any reason whatsoever entitles VIRGIN PEARLS to demand immediate return of the merchandise delivered at the Customer's cost and risk. In the event that his company is subject to bankruptcy reorganization, the Customer undertakes to take an active part in the preparation of an inventory of the merchandise he has in stock, whose ownership is claimed by VIRGIN PEARLS .
Failing this, VIRGIN PEARLS has the option to cause said stock taking to be established by a bailiff and at the Customer's expense. The Customer must not resell or alter the merchandise delivered from the date the ruling on the reorganization or liquidation of his company's property is given. VIRGIN PEARLS may forbid the Customer to resell or alter the merchandise in the event of delay in payment. In order to guarantee payments not yet effected and, in particular, the balance of the Customer's account in VIRGIN PEARLS's accounting records, it is expressly stipulated that the rights relating to the merchandise delivered but not paid for will be transferred to identical merchandise from VIRGIN PEARLS and held in stock by the Customer, and payments need not be set against any specific sale or delivery.
15 - Privacy policy
The personal details provided by the Customer are not communicated to third parties, with the exception of the Bluepaid Company in view of securing and insuring payments.
Pursuant to Law 78-17 of January 6, 1978 the Customer has permanent right of access and correction. To exercize said right, the Customer is required to contact VIRGIN PEARLS .
16 - Jurisdictional clause
Contractual information is provided in the French language and the products offered for sale are in conformity with the French legislation. Regarding foreign customers it is up to them to inquire with the local authorities on the utilization of the products they intend to order. VIRGIN PEARLS will not be responsible in the event of non-compliance with the legislation in force in any specific foreign country.
Any dispute relating to the formation, fulfilment and termination of contractual obligations between the parties not settled on an amicable basis will be submitted to the Commercial Court of Nantes, France in the jurisdiction of which the head office of VIRGIN PEARLS is situated.