Terms and conditions

Identity of Seller.

The seller is TOOSHIE SARL. Stock company with a capital 20 000 CHF.

Whose office is located at 100 rue du Rhône — 1204 Geneva, Switzerland.
Registered with the RCS Geneva under number CHE-115.163.002.

VAT number CHE-115.163.002

Phone: +41 79 479 39 93

E-mail: info@tooshie.com

 

All controls on the Site are subject to these terms and conditions. These may be subject to changes and updates, the conditions applicable to the order of a product by a customer are those in effect at the date of the order. These general conditions of sale are governed by French law, unless otherwise mandatory provisions as under the Rome Convention on the law applicable to contractual obligations of 19 June 1980.

 

Object. 

These Terms and Conditions (hereinafter “Terms and Conditions”) govern exclusively sales on the website TOOSHIE.COM (hereinafter the “Site”) of products offered by TOOSHIE buyers with quality consumers (hereinafter the “Client(s)”) and specify the control conditions, payment, delivery and management of any returns of products ordered by Customers. The General Conditions of Sale are made available on the Guest TOOSHIE.COM site where they are directly searchable. The Terms and Conditions are binding on the Customer declares to have read and accepted them by checking the box “I accept the Terms and Conditions of Sale” before implementing the online ordering process. TOOSHIE reserves the right to modify its Terms and Conditions at any time. In case of modification of the General Conditions, the General Conditions of Sale applicable are those in effect on the date of validation of the order. It is up to the Customer to refer to it for each order validation. The nullity of a contractual clause does not invalidate the General Conditions of Sale. The temporary or permanent non-application of one or more clauses of the General Conditions of Sale by TOOSHIE can not amount to waiver of the application of this or these clauses or other clauses of the General Conditions which continue to produce their effects.

 

The Customer.

The client's website must be a consumer, and most legally competent natural person. The customer shall, at its first order on the site, open an account and fill out an order form specifying certain mandatory fields so that its order for products to be taken into account by TOOSHIE. The information communicated TOOSHIE through the opening of his account or at each of its orders must be complete, accurate and current. TOOSHIE may, if necessary, ask the customer the confirmation —by any medium— this information and identity.Given the trade policy described above, TOOSHIE reserves the right not to respond to commands from subjects that differ from the “Consumer” or not in accordance with its business policy commands.

 

Products & Shops.

Boutiques TOOSHIE
TOOSHIE.COM is an online sales site with wholesaling multibrand platform network, giving you a trendy selection of clothing, fashion accessories.

 

Products.

TOOSHIE offers articles on TOOSHIE.COM you will not find anywhere else. TOOSHIE.COM does not sell used products, defective or inferior to the standard available on the market. The essential characteristics of the products are presented on TOOSHIE.COM within each of the product sheets. Products sold are photographed and described in the truest and most accurate manner possible. Errors or omissions are possible. Similarly, depending on the Internet browser or the monitor used, the colors of the articles may not match the actual colors. Products sold are those described and visible on the site. Product offerings are valid while stocks last and we reserve the right to change these offers at the beginning of each week. Any product sold will be reported. However the availability and delivery of a product is guaranteed by us sending an email confirming your order.

 

On TOOSHIE.COM, you have several ways to do your shopping. The simplest is to use the drop down menu bar at the top to have a link to the categories. You can then use more specific filters to narrow your search. If you know exactly what you want, you can use the search bar.

 

To Order:

STEPS

Order taking on the Site is subject to the procedure established by TOOSHIE concretized by a succession of different screens pages showing the steps that the client must follow to complete their purchase.

The customer will have the opportunity, before confirming his order, to verify the details of it and its total price and to correct any errors, before confirming it to express its acceptance.

 

VERIFICATION OF CONTROL

TOOSHIE will also be entitled to refuse any order placed by a customer with whom there is a dispute over payment of a previous order and any non-compliant control with these general conditions of sale.

In these cases, TOOSHIE inform the customer by phone or by e-mail. In the event the customer to proceed with TOOSHIE correcting the error or contrary to these terms and conditions, TOOSHIE reserves the right not to process the order.

 

PROCEDURE

When you find an item you want to purchase, select your size (There is also a Size Guide link for each item) and desired quantity. Then click the “ADD TO CART” button. You can continue shopping and add other items to your cart, or you can click on “CART” to complete your order in top right.Payment is fast and simple. No matter how many items you have in your shopping cart or the number of stores from which they come, you will only have one payment to make. We ship worldwide. We accept all credit and debit cards as well as PayPal, just select your payment method, fill in the details and click “PASS THE ORDER/MAKE THE PAYMENT”.Once you have placed your order you will receive a confirmation email acknowledging receipt of your order and starting the validation process. Your order will be sent directly from Italy.Start by making your selection by surfing on the website or using our advanced search mode if you know what you are looking for.Click on the images to access the required pages and product pages to view the details of each product. Add items to your cart after selecting the size and quantity by clicking on “Add to cart”.So check the nature of the products included in your shopping cart.To delete an item, click on the cross for this purpose and to change the number of articles, change the quantity, then press the refresh button.You can then finalize your order or choose to continue shopping.To conclude the purchase contract of one or more products on TOOSHIE.COM, you must complete the order form available through the site by following the instructions.The order form contains a summary of the General Conditions of Sale, as well as information on the essential features of each product ordered and the price that refers to (including applicable taxes or duties), the means of payment you can use to buy each product and delivery terms for purchased products, shipping and delivery costs, the conditions for the exercise of your right of return, and finally, the procedures and deadlines for return of purchased products.The contract is concluded when TOOSHIE receives, via computer, your order form and once the accuracy of the control data has been verified.Before purchasing products by sending the order form, you will be asked to read the General Terms carefully.The order form will be filed in our database for the time necessary to shipping orders and according to legal deadlines. You can access your order form by consulting the “My Account/My Orders”.Before submitting the order form, you will be asked to identify and correct any data entry errors.The languages available for concluding the contract with TOOSHIE is English.Once the contract concluded, TOOSHIE will handle your order.In the event that the products presented on TOOSHIE.COM would no longer be available or on sale at the time of your last access to the site or sending the order form, TOOSHIE must contact you quickly, and in any case before thirty working days from the day following your order, the possible unavailability of products ordered. In case of transfer of the control and payment of the price form, TOOSHIE will arrange to repay the amount you have advanced.With telematics transmission of the order form, you accept the Terms & Conditions, you agree to observe in dealing with TOOSHIE these conditions. If you disagree with certain provisions of these Conditions of Sale, please do not submit your order form for the purchase of products on TOOSHIE.COM and contact one of our customer service representatives at +41 79 479 3993

 

CHANGE OR CANCELLATION OF ORDERS

Orders are not subject to change due to the immediate implementation of these and for technical reasons.In the event of a site failure that affected orders, display of prices or transactions, or out of stock on ordered products, TOOSHIE will have the possibility to cancel online orders placed by customers. He informed the customer by email or telephone to tell them the cause of the cancellation of orders.

 

PRICE AND PAYMENT

The prices displayed on the Site are in Euros and displayed according to the client IP address (IP address outside the European Union redirecting the English version/English). For all countries with a delivery address in Italy and in countries belonging to the European Union, products invoiced in Euros include all taxes (VAT), excluding shipping costs. The price charged to the customer are those in effect on the date of the order.For customers residing outside the territory of the European Union and Dom-Tom, it is specified that the prices displayed on the Site will be charged off customs taxes and delivery charges. We ship orders with fresh import to settle. This means that import charges are not included in the prices shown online and on the products. The customer will pay the freight when importing the product or later, the total costs relating to the rights and customs formalities, import taxes applicable in the country where delivery is requested.The payment of these fees may be required for entry of products ordered on the territory of delivery are in no way the responsibility of TOOSHIE.Payment is by credit card or Paypal.For payments by credit card, the customer must be holder of the credit card used. It accesses a dedicated space provided by a bank, which provides security and recording the payment order.The customer is informed that in order to fight against internet fraud, a check will be made to the competent institutions and banking organizations, interviewed via the 3D Secure system company.Since 2001, Visa and MasterCard have set up an Internet transaction security program: 3D-Secure.This program is aimed at the fight against fraud by requiring the user who wishes to make a payment on the internet, to identify when paying by credit card on the e-tailer's site.During the transaction, the credit card holder is directed to a page of his bank and grabbed a given that it can verify.This security is materialized by the presence of the logos “Verified by VISA” or “MasterCard SecureCode”.This service is not subject to a tariff.In the event that for any reason whatsoever (opposition, refusal of the emitting center …), the flow of money owed by the customer proves impossible, the command will not be recorded by TOOSHIE.

 

DELIVERY

When you place an order, you receive an email confirming receipt. Once checked the details of your order and payment and it is approved for shipment, we send you an email to notify you.In the case of a problem when processing your order, we will email to inform you and possibly ask for more details.You will receive email updates about the progress of your order and delivery. You can also check their status from your account and see all the steps. You can also track your shipments with the tracking number you received by email.Delivery times vary depending on the service selected at checkout and in the delivery area, please see our section for more information. Please note that TOOSHIE.COM can not be held responsible for any delay of orders for reasons of custom clearance delay or payment transactions.Please note that in case of non receipt of your order, you have 30 days after the mailing date to contact us. Beyond this period of 30 days, we can not guarantee a refund.The customer is responsible for a delivery failure due to lack of indication when placing the order.The package is delivered according to the shipping method chosen by the Customer and is delivered to the recipient against signature of a delivery (as the mode of delivery) to the delivery address indicated during the ordering process.It is the responsibility of the Client to ensure the appearance of the package and noted on the delivery note any visible damage on the package.

 

ROUTING INFORMATION

We ship worldwide, between 9:00 and 17 pm, Monday to Friday. Please take into account that not all services are available in all countries. Shipping costs are indicated in your order.

 

DELIVERY DELAY

Delivery times vary according to the chosen delivery method:

Italy (Courier): 24h–48h if you order before noon*

For most destinations in Europe and USA: delivery in 2–5 days*

For the rest of the world: delivery 3–8 days*

* Delivery times shown are for illustrative purposes only and are based on the shipping time of your package. TOOSHIE disclaims all liability for any delays caused by the clearance process or late payments.

It is specified that any delivery address of the Customer changes made after the registration of the order may result in an extension of the delivery period.

TOOSHIE and carriers being separate and independent entities, TOOSHIE can not be responsible for any delay in delivery due to the courrier.

 

DELIVERY PROBLEMS

In case of finding by the buyer of a burglary or damage to the package, it has a period of three days to notify the seller. We recommend, if the original packaging is damaged, torn or opened at the time of delivery to check the status of the articles in the presence of the deliveryman and immediately make reservations on the delivery slip, or even refuse the package.It is the buyer to see if the package has been tampered with or damage. We recommend you always check the contents of the package in the presence of the carrier to check the status of items even if your parcel does not show any traces of damage. If they have been damaged or stolen, you must refuse the package and note a reserve on the delivery (parcel refused because opened or damaged). Responsibility for TOOSHIE.COM will not be liable if the buyer has not made a reservation.To obtain a refund or exchange of goods (in stocks), the buyer must inform us of any problem identified by sending us a message via the “Contact”. It shall describe in detail the problem identified (eg damaged package, already open …). You may be asked to the buyer to provide a photo of the damage by email.In case of non delivery of the package by mail, the buyer must inform TOOSHIE.COM via the “Contact”. Then we will open a survey of relevant services. An email indicating that an investigation is opened will be sent. Speeds of the final response of the carrier ranges from 2 to 4 weeks. If the parcel is found, it will be sent to the client as usual. If the parcel is lost and there is no stock available to provide a second shipment, the order will be refunded promptly.

 

Cancellation.

TOOSHIE accept cancellations for any reason, before your order has been processed by the shop. After that, you can not cancel your order, but you can return the products if you wish. If you have not received email confirming that your order has been processed, you can cancel it here.

 

Right to retract.

The customer has a right of withdrawal he can exercise without having to give reasons within fourteen (14) days from the receipt of the products ordered.When the period of fourteen (14) days expires on a Saturday, Sunday or a holiday or holiday, it is extended to the next business day.To simplify the exercise of the right of withdrawal, TOOSHIE asks customers to prevent it by any means. On this occasion, the client may specify if he wishes a refund or in special cases credit.The customer will also be able to contact customer service via e-mail: service@tooshie.com or phone +41 79 479 3993 for further information.The products should be returned in perfect condition, complete (accessories, manuals, warranty…) accompanied by the invoice and a word of explanation recalling customer details as well as his desire to receive a refund or credit to the following address:

Tooshie c/o LILLIBET 1987 srl, Via della Repubblica, 84

21010 Cardano al Campo (VA) — Italy

Tel.: +39 0331 1973140, Fax +39 0331 1974413

The shipping fees associated with returning the products are at the customer's expense unless the product received is not compliant or has a manufacturing defect.

Possible customs charges incurred in returning from a foreign country are also produced to the customer.

TOOSHIE urges its customers to return products by DHL, or UPS Letter Max. The customer also has the option to select the carrier of their choice. However, the return costs and risks are borne by the customer. It is therefore recommended him to spare the proof of this return, which assumes that the products are returned with package tracking, or by any other means giving a certain date.

The right of withdrawal — in addition to compliance with the terms and procedures described in the previous points — is considered correctly applied if the following conditions are fully met:

  • You Have 14 days to submit your return after receiving your order, after that period we can not guarantee a refund;
  • We Encourage you to notify us by email or phone your return request.
  • Once Your return package has been received by us and that it conforms to our return policy, we will refund via your original payment method;
  • We Recommend that you carefully check the products received before throwing labels and original packaging;
  • The Clothing must be returned unworn, unwashed, undamaged and with their original labels.
  • If The product was delivered with a security tag must remain attached. If the label is detached, the returned product does not conform to our returns policy and will not be refunded;
  • The Swimwear packaging shall be tested over your own underwear;
  • We Recommend that you return the products in their original packaging to ensure the necessary protection during transport;
  • The Returned products are reimbursed excluding original mailing costs;

TOOSHIE restore you, in addition to sums received for the purchase of the products, shipping charges for the delivery of purchased products only if the return of the products is due to a reason attributable to TOOSHIE, for example if the products do not have the promised essential characteristics, have manufacturing defects or if there are errors in the delivery thereof. In the latter case, you can notify us by email or telephone.

In case the terms and the terms for exercising the right of withdrawal were not met, as above, you will not be entitled to reimbursement of sums already paid to TOOSHIE. However, you can get at your cost, your products in the state in which they were returned to TOOSHIE. Otherwise, TOOSHIE may retain the products, in addition to sums already paid for their acquisition. Once your return has been received by the shop and it is consistent with our return policy, we will refund via your original payment method. Refunds can take up to 14 days depending on your bank. Returned products are reimbursed excluding original shipping and return costs (to the customer). Time limits and procedures for exchange and refund

 

Exchanges.

If you wish to exchange an item, it will first need to send us this one, following the return procedure above. You can then place your new order.

 

Refunds.

If the right of withdrawal is exercised in the manner and terms indicated above, TOOSHIE will arrange to refund any sums paid for the purchase of products within fourteen (14) days after receipt and verification of the condition of the goods. In case there would be no correspondence between the recipient of the products indicated in the order form and the one who made the payment of amounts due for the purchase, repayment of the sum in the event of exercising the right of waiver, will be directed by TOOSHIE, in all cases, to the person who made the payment.

Reimbursement will be made on the same support as that used when purchasing products or the credit card or the customer's PayPal account.

 

Regardless of any commercial guarantee that could be granted to the Customer by TOOSHIE, all products supplied by TOOSHIE benefit from the legal guarantee of conformity laid down in Articles L. 211-4 to L. 211-13 of the Consumer Code and the legal guarantee against hidden defects under Articles 1641 to 1648 of the Civil Code. Under these guarantees, TOOSHIE undertakes, at the Customer's choice, to refund or do an exchange. 

Articles L. 211-4, L. 211-5, L.211-7, L.212-13 and L. 211-12 of the Consumer Code relating to the legal guarantee of conformity:

  • Article L211-4 of the Consumer Code: “The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery.It also answers the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility.”
  • Article L211-5 of the Consumer Code: “To comply with the contract, the product must:
    1. Be suitable for the purpose usually of a similar property and, where applicable:
      • Match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model
      • The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
    2. Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.”
  • Article L211-7 of the Consumer Code: “The lack of conformity which becomes apparent within six months from delivery of the goods are presumed to have existed at the time of delivery, unless proved otherwise. The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity.”
  • Article L211-12 of the Consumer Code: “The action resulting from lack of conformity lapses two years after delivery of the goods.”
  • Article L211-13 of the Consumer Code: “The provisions of this section shall not deprive the buyer of the right to bring an action resulting from latent defects as resulting from Articles 1641 to 1649 of the Civil Code or any other action or non-contractual nature that it is recognized by law.”

Articles 1641 and 1648, paragraph 1 of the Civil Code relating to the legal guarantee against hidden defects:

  • Article 1641 of the Civil Code: “The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not have acquired, or n ' have paid a lower price if he had known.”
  • Article 1648, paragraph 1 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.”

To qualify for the guarantee, the Customer must contact the Customer Service TOOSHIE by following these steps:

  1. Bring order number and the reference of the article concerned (this information is indicated on your invoice);
  2. Application submitted to support the TOOSHIE Client Service by mail at the following address: service@tooshie.com

To ensure prompt treatment and quality of the warranty claim, the customer will specify contact information, order number and reference of the item concerned and detail as possible the problem encountered and, where possible, join Email to a photograph of the product defect.

All our products are:

  • The legal guarantee of conformity
  • The legal guarantee against hidden defects. 

To qualify for the product warranty, it is imperative to keep the purchase invoice of the product.
The contractual guarantees do not cover:

  • Abnormal or improper product use. We invite you in this regard to carefully review maintenance tips
  • Defects and their consequences related to improper use for the purpose for which the product is intended,
  • Defects and their consequences related to any external cause.

In all cases, TOOSHIE.COM can not be held responsible in case of refusal of the manufacturer/brand of the product purchased, to apply its guarantee for the reasons set out above. Intellectual Property, Software and Content. We are the owners or holders of all intellectual property rights in the Site and its contents (such as text, graphics, logos, icons, images, audio recordings, digital downloads, data compilation and software including presentation and compilation thereof) (“Content”). The rights of the Site and the Content are protected by international law of copyright and by any national law on copyright and legal databases. All such rights are reserved.

You may not systematically extract and/or reuse parts of the Site or the Content. In particular, you can not, unless prior written approval, use of data processing, robots, or other extraction methods and data collection to extract (whether once or several times) and reuse substantial parts of the Site (eg our prices and product listings within). In the absence of anything to the contrary, all persons (including their names and images), any third trademarks and all product images belonging to third parties, services and/or addresses displayed on the site are not in any related cases related or affiliated with us. All copyrights/trademarks displayed on the Site belong to the holders of these rights.

 

Privacy Policy. 

We use your personal data in accordance with our Privacy Policy (accessible by clicking on this link [GB1]. Thank you for taking the time to read this document carefully as it contains important information on how we collect and use your data. By using the Site, you consent to your data being used in accordance with our Privacy Policy and you warrant that all data provided by you is accurate. In accordance with Law No. 78-17 of 6 January 1978 relating to 'computers, files and liberties, it is recalled that the personal data that is collected from the Customer is required to process the order. They can also be used for marketing purposes. The purposes of each treatment are described in regard to the processing concerned. These data are intended for internal use by TOOSHIE. This personal data can also be transmitted to third parties, TOOSHIE partners, except that the Client is opposed to it when collecting data concerning him. The Customer's personal data are kept for the time strictly necessary to accomplish the purposes for each of the treatments proposed by TOOSHIE. The Customer has a right of access, modification and opposition to the processing of personal data by contacting customer service by email at service@tooshie.com

 

Responsibility.

The responsibility TOOSHIE can not be held liable for non-performance or improper performance of the contract due either to the fact of the Customer, to an unforeseeable and insurmountable third contract, or to a case of force majeure. Responsibility for TOOSHIE.COM not be engaged for any inconvenience or damage inherent in using the Internet (interruption of service, external intrusion, computer viruses, …). We can update or change the Site or its content at any time but we are not bound by any obligation to do. Please note that this means that any content of the Site may be obsolete at some point. Site content is provided for information only. It is not intended to take the place of advice which you should rely. We make no representation, warranty or guarantee, express or implied, that the Site or its content is accurate, complete, updated or free from any error or omission. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, express or implied, that may apply to the Site or its contents. We can not be held liable to you or to any user for any loss or damage suffered, whether by contract, tort (including negligence), resulting from a breach of an obligation under the law or otherwise, arising out of or connected with that is: (i) the use of or inability to use the Site; or (ii) the use of or reliance on any content posted on the Site. Thank you to note that we are the only site available for home or personal use, and therefore we are not liable to you for loss of profits, loss of business, business interruption, or shortfall. We will not be responsible for injury or damage caused by a virus attack by DDoS or other technologically harmful material that could damage your computer equipment, computer programs, data or other materials that you are clean resulting from your use of the Site or your downloading of content on the Site, or any websites linked to it.

 

Dispute Resolution and Applicable Law.

Sales made to TOOSHIE via www.TOOSHIE.COM via the website are subject to French law. In the event of a dispute, it is agreed to seek an amicable solution before any legal action. Falling this, all disputes to which this contract may give rise concerning its validity, intrepretation, performance, its consequences or subsequent related agreements, shall be throught before the competent courts in accordance with the ordinary law rules of juridiction.

 

Other important information.

Severability provisions: Each section and subsection of these Terms is autonomous. If a court or a competent authority decides that one of them is illegal or unenforceable, the remaining paragraphs and sections remain in full force.

Waiver: If you breach these Terms and we do not act, or we delay action, this does not mean that we give up our rights against you and we will always be in our right to act. If we give up to pursue you, we would do so only in written form (waiver signed by one of our leaders), and this does not mean that we automatically would waive to act in the event of future breach by you.

For information or questions about our Terms, our customer service is available:
Through the Contact section
By telephone: +41 79 479 3993
By email to info@tooshie.com