General Terms and Conditions

GENERAL TERMS AND CONDITIONS OF ONLINE SALE WWW.TIKITOATRIBESHOP.shop

 

These General Conditions of Sale are up to date as of 04/05/2025

• DEFINITIONS

These General Conditions of Sale (hereinafter “ GCS ”) are offered by Tiki Toa Tribe Shop (hereinafter “Tiki Toa Tribe Shop ").

Email address: contact@tikitoatribeshop.shop

Tiki Toa Tribe Shop is the owner and publisher of the website https://tikitoatribeshop.shop/ (hereinafter “ the Site ”). The Site is hosted by Shopify, located at 1600 Amphitheatre Parkway, 94043 Mountain View, United States, and can be reached at +1 650 253 0000.

The Site offers the Customer (hereinafter “ the Customer ”) the possibility of the Site allows customers to purchase clothing and accessories (hereinafter the “ Products ”).

Before using the Site, the Customer must ensure that he/she has the technical and IT resources to use the Site and order Products on the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his/her hardware/equipment is in good condition and does not contain any viruses.

• APPLICATION AND ENFORCEABILITY OF THE GTC

The purpose of these General Terms and Conditions is to define all the conditions under which the Tiki Toa Tribe Shop sells the Products as offered for sale on the Site to Customers. They therefore apply to any Order (hereinafter " Order ") for Products placed on the Site by the Customer.

The Customer declares having read and accepted these General Terms and Conditions before placing his Order.

Validation of the Order therefore constitutes acceptance of these General Terms and Conditions. These are regularly updated; the applicable General Terms and Conditions are those in force on the Site on the date the Order is placed.

Any contrary condition set by the Customer would therefore, in the absence of express acceptance, be unenforceable against Tiki Toa Tribe Shop regardless of when it may have been brought to its attention.

The fact that Tiki Toa Tribe Shop does not assert any provision of these T&Cs at any given time cannot be interpreted as a waiver of the right to assert any provision of these T&Cs at a later date.

• ORDERING PRODUCTS ON THE SITE 

Tiki Toa Tribe Shop reserves the right to correct the content of the Site at any time.

The Products offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the color of the product(s) does not engage the responsibility of Tiki Toa Tribe Shop and does not affect the validity of the sale.

The Customer selects the Product(s) he/she wishes to purchase, and can access the summary of his/her Order at any time.

The Order summary presents the list of the Product(s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the Product(s) in the Order. The Customer has the possibility to modify his Order and correct any errors before proceeding with the acceptance of his Order.

After accessing the summary of his Order, the Customer confirms acceptance of his Order by checking the box to validate the General Terms and Conditions, then by clicking on the Order validation icon. The words "Order with payment obligation" or a similar wording free from any ambiguity appears next to the Order validation icon to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.

After acceptance of the General Terms and Conditions and validation of the Order with payment obligation, the contract is validly concluded between Tiki Toa Tribe Shop and the Customer and binds them irrevocably.

After confirming the Order and in order to proceed with payment, the Customer enters the contact details to which they wish to receive delivery of the Products, and the billing details if different. The delivery process is described in Article 5 of these General Terms and Conditions.

Tiki Toa Tribe Shop then sends him an Order confirmation by email, including the elements of the Order summary and the delivery addresses and, where applicable, the billing addresses provided.

After having validated their delivery details and, where applicable, their invoicing details, the Customer proceeds to pay for their Order according to the terms specified below.

• PRICE AND PAYMENT CONDITIONS FOR THE ORDER

Prices are mentioned on the Site in the Product descriptions, in US dollars and excluding tax and including all taxes.

The total amount is indicated in the Order summary, before the Customer accepts these General Terms and Conditions, validates their Order, enters and validates their delivery details and, where applicable, their billing details and proceeds to payment. This total amount is indicated inclusive of all taxes for residents of the United States of America for our Products manufactured Made in USA. For Products manufactured in Australia, taxes are included for our Customers residing in Australia.

Finally, for our customers residing in other countries, taxes and customs duties are not included.

The Order of Products on the Site is payable in US dollars. The entire payment must be made on the day of the Order by the Customer, by credit card, unless special conditions of sale are expressly accepted by the Customer and the TIKI TOA TRIBE SHOP.

When paying by credit card, the Site uses the PayPal security system, a service provider specializing in online payment security. This system guarantees the Customer complete confidentiality of their banking information. The bank card transaction between the Customer and the secure system is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by TIKI TOA TRIBE SHOP.

The Customer guarantees to TIKI TOA TRIBE SHOP that he has the necessary authorizations to use the payment method when placing the Order.

TIKI TOA TRIBE SHOP reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount that would be due by the Customer to TIKI TOA TRIBE SHOP, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

• USE OF SERVICES/DELIVERIES

The product(s) offered on the Site can be delivered globally to most countries with the exception of countries to which our third-party delivery services do not deliver for internal reasons and for security reasons.

TIKI TOA TRIBE SHOP and our partner suppliers undertake to deliver the product(s) as soon as possible from the date of the Order.  

The Customer remains informed of the progress of his order by visiting the Site in the “Track my order” section. The product(s) ordered are delivered to the delivery address indicated by the Customer when placing his Order under the conditions specified in article 3 of these General Terms and Conditions.

The Customer must ensure that the information provided is correct, and that it remains so until complete delivery of the product(s) ordered. The Customer therefore undertakes to inform TIKI TOA TRIBE SHOP of any change in billing and/or delivery details that may occur between the Order and delivery, by sending, without delay, an email to the customer service email address “contact@tikitoatribeshop.shop”. Failing this, in the event of a delay and/or delivery error, the Customer may under no circumstances hold TIKI TOA TRIBE SHOP liable in the event of non-delivery, and TIKI TOA TRIBE SHOP customer service will contact the Customer for a second delivery at the Customer's expense and, depending on the case, this may be conditional on a new purchase of the product(s) ordered in the previous order.

TIKI TOA TRIBE SHOP will also not be responsible if the non-receipt of the Products is due to the actions of a third party outside its intervention or in the event of theft. 

• CUSTOMER SERVICE

For any request for information, clarification or for any complaint, the Customer must contact, as a priority, the TIKI TOA TRIBE SHOP customer service, in order to allow the latter and its supplier partners to try to find a solution to the problem.

TIKI TOA TRIBE SHOP customer service is available 24/7 from Monday to Friday using the following contact information:

• Email : contact@tikitoatribeshop.shop

• LEGAL AND COMMERCIAL GUARANTEES

  

The following legal provisions are recalled:

If a Customer believes that they have received a product that they consider to be defective or non-compliant, they must contact TIKI TOA TRIBE SHOP, providing photos of the product as soon as possible after receiving the Order, at the following email address: contac@tikitoatribeshop.shop , specifying the defect or non-compliance in question.

It will be the Customer's responsibility to provide all justification for the designation of apparent defects and/or anomalies noted. The Customer must give TIKI TOA TRIBE SHOP every facility to note these defects or non-conformities and to remedy them if necessary. The Customer will refrain from intervening himself or involving a third party for this purpose.

The conditions and reasons for returning products are mentioned on each product sheet on the Site.

If the defects and/or anomalies are confirmed by TIKI TOA TRIBE SHOP, the latter will then send the Customer its instructions on how to proceed after having taken note of the complaint thus made and, if necessary, will replace the product for which TIKI TOA TRIBE SHOP and our supplier partners have been led to note the lack of conformity, or the defect.

In the event that the exchange of the product is not possible, the product or products must be returned to the address that TIKI TOA TRIBE SHOP will provide to the Customer and at the Customer's expense, after receipt of the product(s), TIKI TOA TRIBE SHOP will be required to reimburse the Customer within thirty days of receipt of the return of the product(s) returned by the Customer. The reimbursement will be made upon proposal by TIKI TOA TRIBE SHOP by credit transfer via PayPal to the Customer's bank account, 

• CUSTOMER OBLIGATIONS

The Client undertakes to comply with the terms of these General Terms and Conditions.

The Customer agrees to use the Site in accordance with the instructions of TIKI TOA TRIBE SHOP.

The Customer agrees to use the Site only for their personal use, in accordance with these General Terms and Conditions. In this regard, the Customer agrees to refrain from:

• To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs;
• To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site;
• Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
• To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site;
• To infringe the intellectual property rights of TIKI TOA TRIBE SHOP and/or to resell or attempt to resell the products to third parties;
• To denigrate the Site and/or the products as well as TIKI TOA TRIBE SHOP on social networks and any other means of communication.

If, for any reason, TIKI TOA TRIBE SHOP considers that the Customer does not comply with these General Terms and Conditions, TIKI TOA TRIBE SHOP may at any time, and at its sole discretion, remove their access to the Site and take any measures including any civil and criminal legal action against them.

 

• RESPONSIBILITY

TIKI TOA TRIBE SHOP implements all measures necessary to ensure the provision of quality product(s) to the Customer under optimal conditions. However, it may not be held liable under any circumstances for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party not involved in the contract, or to a case of force majeure. More generally, if TIKI TOA TRIBE SHOP were to be held liable, it could not under any circumstances agree to compensate the Customer for indirect damages or damages for which the existence and/or quantum would not be established by evidence.

TIKI TOA TRIBE SHOP cannot be held responsible for damage caused by misuse of one of its products or by failure to comply with the precautions for use and hygiene, storage and safety conditions when using one of its Products/Services.

The Site may contain links to other sites not edited or controlled by TIKI TOA TRIBE SHOP, which cannot be held responsible for the operation, content or any element present or obtained through these sites.

The establishment of such links or the reference to any information, articles or services provided by a third party cannot and must not be interpreted as an express or tacit endorsement by TIKI TOA TRIBE SHOP of these sites and these elements or their contents.

TIKI TOA TRIBE SHOP is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s) and other information disseminated on these websites.

It is expressly stipulated that TIKI TOA TRIBE SHOP may not under any circumstances be held liable, in any way whatsoever, in the event that the Customers' computer equipment or electronic messaging system rejects, for example due to anti-spam, electronic mail sent by TIKI TOA TRIBE SHOP, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the shipping tracking email.

The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which TIKI TOA TRIBE SHOP would never have entered into a contract.

• SECURITY

 

The Customer undertakes not to compromise the security of the Site. To this end, the Customer undertakes not to engage in any fraudulent access and/or maintenance of TIKI TOA TRIBE SHOP's information system. The Customer may also not harm or hinder TIKI TOA TRIBE SHOP's information system. Failing this, TIKI TOA TRIBE SHOP may take any action against the Customer, including criminal liability.

• SECURITY

FIGHT AGAINST FRAUD

TIKI TOA TRIBE SHOP reserves the right to verify the personal data provided when placing an order and to take all necessary measures to verify that the account debited is that of the person placing the order. In order to avoid fraudulent payments, proof of identity and/or address may be requested. Tiki Toa Tribe Shop reserves the right to cancel any order that does not satisfactorily respond to this verification. 

• INTELLECTUAL PROPERTY AND PERSONAL DATA

All elements of this Site and the Site itself are protected by copyright, trademark law, design law and/or any other intellectual property rights. These elements are the exclusive property of TIKI TOA TRIBE SHOP. All of these rights are reserved worldwide.

The name and brand, logos, designs, stylized letters, figurative marks, texts, videos, photos and all signs represented on this Site are and will remain the exclusive property of TIKI TOA TRIBE SHOP.

No title or right whatsoever to any material or software shall be obtained by downloading or copying material from this Site. The Customer is strictly prohibited from reproducing, publishing, editing, transmitting, distributing, showing, removing, deleting, adding to, modifying or making any work based on this Site and the material and software contained therein, nor from selling or participating in any sale in connection with this Site, the material on this Site or any software relating thereto.

 

Any use by the Customer of the company names, trademarks and distinct signs belonging to TIKI TOA TRIBE SHOP is strictly prohibited except in the event of express and prior agreement from TIKI TOA TRIBE SHOP.

TIKI TOA TRIBE SHOP understands that data protection and privacy are important to all users visiting the Site. In accordance with GDPR regulations, TIKI TOA TRIBE SHOP is committed to respecting your privacy and protecting your personal data, i.e., data that may directly or indirectly identify you as an individual.

As part of the order, TIKI TOA TRIBE SHOP may collect the Customer's personal data. TIKI TOA TRIBE SHOP is committed to protecting customers' personal data.

Files containing personal data required for the order are stored on the servers of the Site's host. This service provider ensures compliance with the requirements of the General Data Protection Regulation (GDPR). TIKI TOA TRIBE SHOP does not share or trade in customers' personal data.

At the stage of ordering on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to carry out orders.

The personal data collected by TIKI TOA TRIBE SHOP is intended to enable the fulfillment of the order. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.

See our Privacy Policy.

 

• NEWSLETTER

By checking the box provided for this purpose or by expressly giving his consent to this end, the Customer accepts that TIKI TOA TRIBE SHOP may send him, at a frequency and in a form determined by it, a newsletter (information letter) which may contain information relating to its activity. 

When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Micro-enterprise for Products similar to those ordered.

Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.

• TELEPHONE CANVASING