Terms of Use (GTC, General Terms and Conditions of Sale)

Article 1 - Information and General

This website, TONE www.tonestore.co (the "site"), is owned and operated by TONE, a company registered in France under the number 95257055400016, with its registered office located at 15 rue Sully 64200 Biarritz.

The site allows TONE to sell clothing, sports and lifestyle equipment, cosmetics, and dietary supplements ("products") to the users of the site ("users").

TONE is a French company governed by French law, including EU regulations and directives. Furthermore, TONE always strives to comply with consumer protection laws and regulations in force in the buyer's country of residence.

Article 2 - Purpose and Scope of the GTC (GTC: General Terms and Conditions)

These General Terms and Conditions of Sale ("GTC") define the rights and obligations of TONE and the users (together, the "parties") in the context of the use of the Site and the placing of an order for the acquisition of products ("order") by a user ("buyer") of TONE. The rights and obligations of the user shall apply obligatorily to the buyer.

The GTC are exclusively applicable to online sales of TONE products on the freely accessible site.

The GTC determine all the necessary steps for the completion of an order and ensure the follow-up of this order between the parties.

The GTC are directly made available to the users on the site. By accessing the site, users acknowledge that they have read and understood the GTC and agree to be bound by them. The validation of the order by its confirmation constitutes the buyer's adherence to the GTC in force on the day of the order.

TONE reserves the right to modify its GTC at any time. In case of modification of the GTC, the applicable GTC are those in force on the date of the order.

The nullity of a contractual clause does not entail the nullity of the GTC. The temporary or permanent application of one or more clauses of the GTC by TONE cannot be considered as a waiver on its part of the other clauses of the GTC, which continue to have their effects.

Article 3 - Products

The products offered for sale are those displayed on the site and that can be ordered, except in case of exceptional unavailability or exercise of the right of withdrawal by TONE.

In case of exceptional unavailability of the ordered product(s), TONE will inform the buyer as soon as possible, and the buyer will have the option to modify their choice or cancel the order. In any case, TONE may propose to provide the buyer with a product of equivalent quality and price or notify them by email in case of future availability of the chosen product. The buyer can contact TONE by email at the following address: hello@tonestore.co.

Commercial offers, including promotional offers, are valid as long as they are announced on the site. Any promotional offer not originating from the site cannot be validly opposed to TONE.

The products offered for sale and presented in the catalog published on the site each have a description stating their essential characteristics. Users are invited to consult the description of each product to learn about its essential characteristics.

The product photographs are provided for illustrative purposes only and are not contractual. However, TONE strives to present the products in the best possible way.

TONE resells branded products, which may vary from one season to another depending on various conditions. Therefore, certain batches may present differences.

The products comply with the applicable requirements regarding the safety and health of individuals, the fairness of commercial transactions, and the protection of consumers when they are placed on the market.

TONE cannot beheld responsible for damages caused by improper use of the products sold on its site or non-compliance with the recommended precautions.

TONE recommends conducting an allergy test before using any of the products on the site. TONE cannot be held responsible for damages caused by the occurrence of allergic reactions and skin reactions after the use of any of the products.

Some of the products offered on the site, such as essential oils and dietary supplements, can be dangerous if used improperly. TONE suggests seeking the supervision of a qualified healthcare professional and medical advice before using them.

The products sold on the site cannot be sold, repackaged, and resold without the written consent of TONE.

Article 4 - Price

The sale prices are indicated for each product displayed on the site, in euros (€), including all taxes, excluding delivery and transportation costs.

The selling price of the product, as well as the applicable VAT, are those in force on the day of the order.

Additional transportation, delivery, or postage costs (to which any other possible costs incurred by TONE must be added), of which the customer has been informed before the order, are specified on the order form.

If the buyer resides in a country outside the EU and/or orders products to be delivered to a country outside the EU, additional fees/taxes may apply.

The total amount due by the consumer is indicated on the order confirmation page.

In the case of price promotions, TONE undertakes to apply the promotional price to any order placed during the advertising period for the promotion.

TONE reserves the right to modify its prices at any time while guaranteeing the consumer the application of the price in force on the day of the order.

Article 5: Payment

Payment Methods

When the customer confirms their purchase, they accept the General Terms and Conditions of Sale. The customer can pay for their purchase on www.tonestore.co:

• by Credit Card (Visa or Mastercard) via the secure payment platform; and/or
• with a gift card.

Secure 3D Payment

It is possible that your order will be processed through a Secure 3D platform. Secure 3D is an authentication-based payment method that ensures optimal security for your online purchases. During payment, your bank verifies the identity of the cardholder before validating the transaction.

How does 3D Secure verification work:

After entering your banking information, you will be redirected to your bank's website. In the 3D Secure window that appears, the authentication procedure to be followed is specific to each bank. You may be asked to further confirm your identity through SMS verification or notification validation.

This exchange of information between you and your bank is secure and guarantees the identity of the cardholder. For any questions regarding 3D Secure codes (obtaining, loss, modification, etc.), please contact your bank directly.

After three failed authentication attempts, your transaction will be canceled, and your card will be blocked. Please contact your bank. You can also notify our Customer Service: hello@tonestore.co.

Payment Verification

To protect against certain fraudulent practices, TONE moderates orders placed on the site. In order to effectively do so, our customer service may contact you to gather certain information to validate your order. They may request proof of address in your name or in the name of the person to whom the order will be delivered.

Secure Payment - Protection of Bank Transfers

Tone entrusts the security of transactions to the service provider Shopify. Payment is secure thanks to the online payment system of our partner Shopify. The bank information appear only crypted, it means they are coded so that they can't be understood, processed, or detained by Tone.

 

Article 6 - Order

Creating an account to place an order

To place an order, the user can create an account, choose a password, or use the site as a guest without having an account.

The user's password is strictly personal and confidential. TONE recommends users to regularly change their passwords and choose complex passwords including letters, numbers, and special characters. Users should not share their passwords with others. The user is responsible for the loss or theft of their password if it is proven that they have committed a fault attributable to them. In such cases, users must inform TONE without delay.

After creating an account, users will receive an email from TONE confirming their registration. If the user already has an account, they can log in using their email address and password.

For more information regarding the personal data processed by TONE in the context of placing an order and, more generally, using the site, users are invited to consult the Privacy Policy.

Product selection

The user can select the products of their choice, subject to availability for online sale and in the desired quantity.

To add a product to their cart, the user must choose the product and desired quantity, then click on the "Add to Cart" button.

Each new addition to the cart will be indicated on the site by the appearance of the cart and the number of items in the cart. At any time, the user can view the summary of the selected product(s) in their cart, continue selecting items by continuing their shopping on the site, or proceed to finalize their order by making payment.

Payment to finalize the order

Before finalizing the order and making payment, the user will be directed to a page on the site where they can review the details of the selected product(s). The buyer has the option to go back to previous pages to correct any errors or modify their order if necessary.

The user must then validate their cart and provide their contact and delivery information, and choose their shipping method.

The confirmation of the order implies acceptance of the GTC and forms the contract.

The payment for the order can be made by credit card (Carte Bleue, Visa, Electron Visa, Mastercard, American Express) or Apple Pay via the secure payment system Stripe. In this case, the user will enter their card number, expiration date, cardholder's name, and CVV.

The site has an online payment security system that allows the buyer to encrypt the transmission of their banking data via the secure payment platform's (Shopify) payment server. At no time will the buyer's banking data pass through TONE's computer system.

TONE will only process the order once payment has been made by the buyer.

Confirmation of the order by TONE

After placing the order, the buyer can access a summary of the order on the site from their account, if they have created one, by providing the order number. This summary will also be sent to the buyer in a confirmation email, which includes all the elements of the sales contract between the parties. This information serves as proof of the nature, content, and date of the order placed by the buyer and confirms their explicit acceptance.

TONE reserves the right to refuse any order for legitimate reasons, particularly if the quantities of products ordered are abnormally high for buyers who are consumers. TONE may also refuse or delay the processing of an order if it suspects fraud, such as identity theft or stolen means of payment.

Modification of the order

Any modification of an order by the buyer after its validation is subject to TONE's acceptance.

Article 7 - The Contract

The sales contract is formed at the moment the buyer sends the confirmation of their order.

The archiving of communications, order forms, and invoices is carried out on a reliable and durable medium in order to constitute afaithful and lasting copy. These communications, order forms, and invoices may be produced as evidence of the contract.

Article 8 - Shipment and Delivery of the Order

Delivery refers to the transfer of physical possession of the goods to the buyer.

The site allows you to order products for delivery in metropolitan France, Germany, Belgium, the Netherlands, and Spain.

Delivery Time

Under normal conditions, TONE undertakes to ship orders within 1 business day following order confirmation, subject to stock availability.

To facilitate the shipment of the order by the carrier, the customer agrees to make the necessary efforts to facilitate the delivery of the package, such as ensuring the name is visible on the mailbox, providing access codes, or providing a phone number.

Late Delivery

In the event of a delivery delay, the buyer must report the delay as soon as possible to TONE's customer service by email at hello@tonestore.co.

TONE will then contact the postal services to initiate an investigation. It is also specified that the ownership of the products will not be transferred to the buyer until full payment of the invoiced price, including delivery charges.

Product Compliance

Upon receipt of the ordered products, the buyer must check the conformity of the delivered products. Any anomaly regarding the delivery (missing or broken product, damaged package, etc.) must be reported by the buyer on the receipt presented by the carrier at the time of package delivery and must be promptly reported to TONE's customer service by email at hello@tonestore.co.

TONE will not be responsible for loss, delivery to an incorrect address, or late delivery of a product if it can prove that such delay or loss is attributable to the buyer, an unforeseeable and insurmountable act of a third party, or in case of force majeure.

Transfer of Ownership

From the date of delivery indicated on the order form, ownership of the product is transferred to the buyer, except in cases where the full price has not been received at the time of the order.

Article 9 - Return of Products and Right of Withdrawal

The buyer has a period of fifteen (15) days to return the product(s) they have ordered if it does not meet their satisfaction. This period begins on the day of delivery of the order.

To exercise their right of withdrawal, the buyer can contact TONE by email at hello@tonestore.co. The buyer must specify the product, quantity, and order number to facilitate the process.

The product(s) must be returned in their original packaging, condition, and packaging, and accompanied by the lower part of the invoice or the delivery note to the following address:

Guillet – TONE 15 rue Sully 64200 Biarritz France

The products must not have been unsealed. Indeed, the buyer is informed that the right of withdrawal is excluded for opened, used, or damaged products. We cannot accept a return for health reasons.

For products sent directly by a partner brand, the product will have to be returned to them directly too.

 

The comprehensive return policy is available on the "Return Policy" page on www.tonestore.co.

If the aforementioned conditions are met, TONE will refund the buyer, within twenty-eight (28) days from the withdrawal or receipt of the products by the buyer, the amounts corresponding to the purchased products.

TONE does not accept packages with postage due, and the buyer is responsible for the return costs.

However, it is specified that the shipping costs are borne by TONE in the case where the decision to return is a consequence of an error by TONE (non-compliant product(s)).

Article 10 - Force Majeure

No party shall be liable for the total or partial non-performance of its obligations under the GTC if such non-performance is caused by an event constituting force majeure.

The party invoking an event constituting force majeure shall notify the other party within five working days following the occurrence or threat of such an event. The parties agree that they shall consult each other as soon as possible in order to determine together the modalities of order execution during the force majeure event.

If the interruption due to force majeure lasts for more than one (1) month, TONE may choose not to fulfill the order, and it shall be responsible for reimbursing the buyer if applicable.

Article 11 - Reviews

On the site, TONE has implemented a rating system and the collection and publication of reviews from buyers regarding the products. The buyer may be invited by TONE to give their opinion once the order is received.

The buyer agrees to provide their opinion in a fair and honest manner.

The review consists of a rating ranging from one (1) to five (5) stars and is accompanied by a description in which the buyer expresses their opinion about the product. The product will then have an overall rating corresponding to the average of all the ratings given by all buyer reviews for that product.

TONE publishes all reviews, except for reviews that are offensive, defamatory, or infringe on the rights of third parties, and/or contrary to applicable laws and regulations, and (ii) related to the buyer's personal situation, such as an allergy or a question about the order status. In this latter case, TONE will contact the buyer by email.

TONE also reserves the right to contact a buyer in the case of a negative review as part of customer relationship management.

Reviews will be published within forty-eight (48) hours of submission, unless in complex situations.

Reviews are displayed in chronological order until the product is delisted from the site.

At any time, the user can report a buyer review that violates applicable laws and regulations or the GTC, or infringes upon their rights, by sending an email to hello@tonestore.co.

TONE may proceed with temporary or permanent delisting, if necessary, in its opinion, to control the content.

Article 12 - Disputes

TONE shall not be liable for damages resulting from improper use of its products.

In the event of a dispute, you must first contact customer service by email at hello@tonestore.co to attempt to resolve the dispute informally.

Article 13 - Applicable Law

This contract and the GTC are subject to French law.

 

LEGAL NOTICE

Legal information

The website www.tonestore.co is published and produced by TONE, a company with a share capital of 1000 euros, registered in Biarritz under number 95257055400016.

The registered office is located at 15 rue Sully, 64200 Biarritz, France. Tone's VAT number is xxx.

Contact: hello@tonestore.co;

The director of the website is Marion Guillet.

The website www.tonestore.co is hosted