Our General Terms and Conditions of Sale

 PREAMBULE

 

These conditions are established between the company GAÏA TAHITI, hereinafter referred to as "GAÏA," registered with the Trade and Companies Register of French Polynesia under the following unique identification numbers: RCS 21 2111 A and N° TAHITI B24278. GAÏA's full details are specified in Article 2 below.

 These conditions govern the contractual relationship between GAÏA and any person wishing to make a purchase through GAÏA's website (www.gaiatahiti.com), hereinafter referred to as "the user" or "customer." It is specified that these conditions apply exclusively to non-trading individuals. The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any conditions previously available on the site.

 

1. SCOPE

These conditions define the terms of sale between GAÏA TAHITI and the user, covering all stages from ordering to payment to delivery. They ensure the complete monitoring of the transaction between the contracting parties. These conditions apply to any order placed on the GAÏA TAHITI website by adult users for the purchase of items shipped from Tahiti, French Polynesia, to any destination worldwide.

We strongly encourage each user to read the General Terms and Conditions of Sale before placing any order.

 

2. SELLER'S CONTACT DETAILS

These general terms and conditions of sale are established between the user, hereinafter referred to as "the customer," and GAÏA TAHITI, a sole proprietorship headed by Hereata Ellard, registered with the Trade and Companies Register of French Polynesia.

Complete GAÏA Details::

Company Name : GAÏA TAHITI

Director : Hereata Ellard

Registered Office: 16bis rue Titiaivai, Papeete 98714, Tahiti, Polynésie Française

Tahiti Number : B24278

RCS Numebr : PAPEETE TPI 21 2111

Email Adress : gaiabyhereataellard@gmail.com

Mailing Adress : BP 10433 Paea 98711, Tahiti, Polynésie Française

GAÏA TAHITI, as a sole proprietorship, undertakes to provide accurate and complete information regarding its contact details, including the registered office, identification number, and necessary contacts for any correspondence or communication regarding orders, deliveries, claims, or inquiries about the products and services offered.

  

3.PRODUCTS

We regularly update our range of products on our website. The items offered for sale may have inaccurate evaluations, imprecise descriptions, or may be unavailable. Descriptions and photos are provided for guidance; minor variations may exist due to the artisanal nature of some items, but these do not contractually bind the seller. Delays in updating information about our products on the site and in our advertisements on other platforms may occur.

We cannot guarantee the accuracy or completeness of all information such as prices, product images, specifications, availability, and services. We reserve the right to modify or update this information, correct errors, inaccuracies, or omissions at any time, without prior notice.

 

3.1 PROMOTIONS

The promotions available on our site are governed by rules separate from these general terms and conditions. Purchases made during promotions or sales are considered final and are not eligible for exchange or return, in accordance with the specific applicable rules. We recommend checking the rules specific to each promotion as well as our privacy policy. In case of conflict between the promotion rules and the general terms and conditions, the promotion rules will prevail.

 

3.2 PROMOTIONAL  CODES

Periodically, we offer special offers using promotional codes provided exclusively by GAÏA. We disclaim all liability for promotional codes from sources other than GAIA. To benefit from these promotions, enter the promotional code during your order and click "apply." Only one code can be used per transaction, and each promotional code is limited to one use per customer, unless otherwise stated..

 

3.3 GIFT CARDS

Gift cards are only usable on our website or in-store in Papeete, Tahiti, French Polynesia. They are valid for three (3) months from the date of purchase and cannot be exchanged for cash.

GAÏA disclaims all liability in case of loss or theft of the gift card.

 

4. ORDER, PAYMENT, AND INVOICING

By placing an order on our website, you fully and unreservedly accept the prices and description of the products available for sale on our service as well as the general terms and conditions of sale. Any order placed, validated by the customer and accepted by the seller, under the conditions and terms described below, constitutes the formation of a contract concluded remotely between the customer and the seller.

The recording of an order on the website is made when the customer accepts the General Terms and Conditions of Sale by validating and finalizing their order through payment. Subsequently, the website automatically sends the customer an order confirmation by email (confirmation of receipt of the order by our teams), which includes a summary of the order, delivery details, and information regarding the right of withdrawal.

The validation of product availability occurs when the order is accepted by our teams. The user will be notified by email. If, exceptionally, the ordered and paid-for products are no longer available, our customer service will promptly contact the customer to inform them and proceed with the full refund of the amounts paid by them, before confirming the order.

Once the confirmation email is sent by our teams, the order cannot be modified or canceled, except in case of exercising the right of withdrawal or force majeure. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below..

GAÏA undertakes to honor orders received on the website only within the limit of available product stocks.

In case of unavailability of the product, GAÏA undertakes to inform the user as soon as possible.

Payment must be made at the time of submitting the order form and can only be made by Visa, MasterCard, or Local Cards of French Polynesia via Payzen by OSB, a secure system using the 3D Secure protocol. Your bank account will be debited upon confirmation of your order.

Prices are indicated inclusive of all taxes. These prices do not include processing fees (shipping, packaging, and parcel preparation according to the amounts in force).

Any change in the applicable exchange rate may be reflected in the prices of the products.

GAÏA reserves the right to change product prices at any time and without notice in case of price changes or errors on the Website. Please note that prices are subject to change after this date. Similarly, if one or more taxes or contributions were to be created or modified, upward or downward, this change may be reflected in the selling price of the items on the GAÏA website. 

The prices indicated on the site are guaranteed for the duration of the publication and within the limit of available stocks..

Prices cannot be changed once the customer's order has been placed.

The final price invoiced to the customer is the price indicated on the order confirmation..

We would like to remind you that our products are not intended for resale.

GAÏA reserves the right to limit, at its discretion, the quantities of products sold. It is conditional upon your agreement that you do not purchase any product for the purpose of using, reselling, or supplying them as part of a commercial enterprise. We reserve the right to cancel any suspicious orders placed in bad faith or if we have reasons to suspect that the order is intended for a fashion professional, in accordance with Article L.121-11 of the Consumer Code.

 

5. SHIPPING COSTS AND DELIVERY

Shipping costs will be specified to the customer upon confirmation of the order. Please note that additional import duties, customs duties, or other local taxes may be applied by the destination country and are the responsibility of the customer.

Delivery times, given for information by our transport providers, may vary according to the periods of the year. In case of delay, GAÏA's responsibility cannot be engaged for any reason whatsoever. Therefore, no request for compensation of any kind may be claimed by the user from GAÏA.

However, in accordance with Article L.121-20-3 of the Consumer Code, if delivery is not made within thirty (30) days from the day following the Customer's order, the latter has the possibility to cancel their order free of charge. In this case, any sums already paid will be fully refunded.

The ordered products will be delivered to the address indicated by the user. We recommend that all users carefully check the information provided for delivery to avoid any problems or delays.

GAÏA disclaims all liability in case of additional delays caused by the refusal of bank authorization or an incomplete or incorrectly filled out purchase order.

6. RIGHT OF WITHDRAWAL AND EXCHANGES

The customer has a period of fourteen (14) days to exercise their right of withdrawal.

During this period, they can request the exchange or refund of purchased products. This period expires fourteen (14) days after the day you, or a third party other than the carrier and designated by you, physically take possession of the ordered goods. Please note that GAÏA reserves the right to refuse any request for exchange, credit, or refund after this period has expired.

Your right of withdrawal applies only to goods returned in their original condition, accompanied by all original instructions, documents, and packaging. Goods that are damaged, not in their original condition, have been used, are not labeled, or have been worn and/or washed beyond the opening of the original packaging will not be refunded. It is therefore important to reasonably take care of the goods while they are in your possession. Your liability is only engaged with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of the goods.

To exercise the right of withdrawal, you must notify us of your decision to withdraw by means of an unambiguous statement specifying your name, first name, address, and order number by email to gaiabyhereataellard@gmail.com.

Our teams will acknowledge receipt of your withdrawal email. You have a period of seven (7) days from the date of notification of your withdrawal request to return the product(s) to us by registered mail to the following address: 

BP 10433 PAEA 98711 TAHITI - FRENCH POLYNESIA

It is the responsibility of the user to keep any proof and date of this return.​

Remember: In the case of a withdrawal or exchange, shipping costs are the responsibility of the customer, except in the event of an error on our part.

In case of withdrawal on your part, we will refund all payments received for your order, including the initial delivery costs (except for additional costs resulting from your choice, if applicable, of a delivery method other than the less expensive standard delivery method proposed by us) without undue delay and, in any event, no later than fourteen (14) days from the day we receive the returned goods. We will proceed with the refund using the same means of payment that you used for the initial transaction, and this refund will not incur any fees for you. Any return that does not follow this procedure will have its processing time and refund or exchange significantly delayed.

All items in the current collection, not on sale, can be exchanged, subject to stock availability. 

Items on sale or at the end of a series are not exchangeable and non-refundable.

Refunds will only be made in the context of exercising the right of withdrawal and for items deemed defective due to manufacturing.

Please note, for returns outside French Polynesia, we invite you to clearly state on the customs form that it is a "return" in order to obtain a return "free of duty and taxes" (without additional fees), and we also invite you to include the original invoices in the return package specifying which items are being returned.

 

7. CLAIMS, WARRANTIES, AND DISPUTES

Upon receiving the parcel, it is highly recommended that the customer checks the apparent condition of the packaging. In case of any observed anomalies, such as missing or damaged products, it is important for the customer to immediately report these issues to the carrier. The customer should also send a reservation statement to the carrier by registered mail with acknowledgment of receipt within 48 hours following the delivery to document the encountered problems. In the same spirit, it is strongly advised to report the problem to our team as soon as possible. If in doubt, we advise the customer to open the package in the presence of the carrier to verify the integrity of the product. In the absence of this verification, no claim can be made by the customer against GAÏA, the seller.

All items are subject to a contractual warranty, which does not impede the legal guarantee provided by Articles 1641 and following of the Civil Code. Additionally, the user benefits from a warranty allowing for the return of defective delivered items in accordance with Articles L 211-4 and following of the Consumer Code. These warranties apply to hidden defects and apparent defects from the date of delivery. GAÏA's sole obligation under these warranties is, at its discretion, to replace or repair recognized defective products free of charge, without further compensation or indemnity. Users are encouraged to refer to these texts for more precise information on these legal warranties. In case of products displaying visible manufacturing defects, it is necessary to contact our team and return the products to the seller within a maximum period of 30 days after their reception. It is important to note that this warranty does not cover damages resulting from improper use of the product, normal wear and tear due to its use, or non-compliance with washing and care instructions. To benefit from the product warranty, it is imperative to retain the purchase invoice as well as the delivery note.

These general terms and conditions of sale are subject to French law. Any dispute that has not found an amicable solution will be submitted to the exclusive jurisdiction of the competent courts of Papeete, notwithstanding the plurality of defendants and/or appeal on guarantee, even for emergency procedures or interim or summary proceedings by application.

 

​8. INTELLECTUAL PROPERTY RIGHTS

All content present on the GAÏA TAHITI website, such as texts, images, graphics, logos, icons, digital downloads, as well as their compilation, is the exclusive property of GAÏA TAHITI or its suppliers and is protected by intellectual property laws.

The use of this content is strictly reserved for personal and non-commercial use. Any reproduction, distribution, modification, or exploitation of this content without express authorization is strictly prohibited and may lead to legal action.

The trademarks, trade names, and logos used on the website are registered trademarks of GAÏA TAHITI or third parties. Their use without written authorization is prohibited and may constitute a violation of intellectual property rights.

Users are committed to respecting these intellectual property rights and refraining from infringement. Any unauthorized use of website content could result in legal action.

 

​10. RESPONSABILITÉ

10.1 Limitation of Liability

GAÏA TAHITI strives to provide quality products and services and makes every effort to ensure the accuracy of the information presented on its website. However, under no circumstances shall GAÏA TAHITI be held liable for direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or loss of use resulting from the use or inability to use our products or services, even if GAÏA TAHITI has been informed of the possibility of such damages.

10.2 Product Availability

We endeavor to maintain constant availability of the products featured on our website. However, GAÏA TAHITI does not guarantee that all products will always be available at the time of ordering. We reserve the right, without commitment or liability to the user, to discontinue the sale of any product, modify the characteristics of any product, or limit available quantities at any time without prior notice.

10.3 Website Information

Information present on the GAÏA TAHITI website may contain technical inaccuracies, typographical errors, or omissions. We reserve the right to correct, modify, or update this information at any time without prior notice.

10.4 Force Majeure

GAÏA TAHITI cannot be held responsible for delays or non-performance of its obligations in the event of force majeure, such as unforeseeable events beyond its reasonable control that prevent the fulfillment of its contractual obligations.

9.5 Recourse

In the event of a dispute or claim related to the use of our products or services, the user agrees that their sole recourse will be to discontinue the use of our products or services.

 

11. LANGUAGE AND FRENCH LANGUAGE PRECEDENCE FOR THE TIME BEING

GAÏA TAHITI currently communicates and provides certain documents in English for the convenience of its users. However, in the near future, we plan to offer our documents in other languages.

Despite this planned evolution, the official language governing all contractual relations and General Terms and Conditions of Sale will remain French.

In the event of any discrepancy between the French version and any translation of these General Terms and Conditions of Sale into another language, the French version shall prevail to govern the contractual relationship between the user and GAÏA TAHITI, even if other translations are provided for information or convenience purposes.

The user acknowledges that any interpretation, execution, or dispute relating to these General Terms and Conditions of Sale will be handled in accordance with the French version herein, and any subsequent linguistic version will be used only for convenience or informational purposes.