General, Terms and conditions (GTC)
„Our terms and conditions are based on a free template that can be downloaded from https://www.donneespersonnelles.fr/“
Between Société Tajinebanane, BP 60025, 17441 Aytre Cedex, registered with the Registre du Commerce et des Sociétés de La Rochelle under number 845 185 867, SIRET 840 185 867 00015, represented by Mrs Alison CAVAILLE and her associates, in her capacity as manager, duly authorised for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the site or directly at the email address: firstname.lastname@example.org Hereinafter the „Seller“ or the „Company“.
On the one hand, And the natural or legal person purchasing products or services of the company, hereinafter, „the Purchaser“, or „the Customer“ On the other hand, It has been stated and agreed the following :
The Vendor is a publisher of clothing products and services exclusively intended for consumers, marketed via its Internet sites (http://www.tajinebane.fr). The list and description of goods and services offered by the Company can be consulted on the above-mentioned sites.
Article 1: Purpose and General Provisions
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
These General Conditions of Sale (GCS) apply to all sales of Products made through the Company’s Internet sites which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or first payment in case of multiple payments) of the order. These General Terms and Conditions are available on the Company’s website at the following address: www.tajinebanane.fr . The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares that he has read all these General Terms and Conditions of Sale and, where applicable, the Special Terms and Conditions of Sale for a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Client declares that he is legally able to contract under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Prices
The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the pages of description of the Products. They are also indicated in euros all taxes included (VAT + other possible taxes) on the page of order of the products, and except specific expenses of forwarding. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums do not fall within the Seller’s jurisdiction. They will be borne by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company’s Internet sites shall be borne by the Client. If applicable, also delivery charges.
Article 2.1 Price – Illicit Clause Example
The Company reserves the right to change prices at any time of products purchased on subscriptions by the consumer.
Article 3: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if need be of its options and indication of the essential data of the Customer (identification, address…); ➢ Acceptance of the present General Conditions of Sale. ➢ Check the elements of the order and, if necessary, correct any errors. ➢ Follow-up instructions for payment, and payment of products. ➢ Product delivery. The Customer will then receive confirmation by e-mail of payment for the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a.pdf copy of these general conditions of sale. For the delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer’s order within the limit of available Product stocks only. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the Products‘ offer and their prices are specified on the Company’s Internet sites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Except under special conditions, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided) In accordance with legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or not corresponding to the order. The refund can be requested as follows: For returns, please send us an email to email@example.com, shipping costs are at your expense. In the case of an exchange, the shipping costs will be at your expense.
Article 5: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 6: Terms of delivery
The products are delivered to the address of delivery which was indicated at the time of the order and the time indicated. This delay does not take into account the preparation time of the order. When the Customer orders several products at the same time, they may have different delivery times. In case of shipping delay, please mention it and we will do our best to correct it. In the event of late delivery, the Customer may cancel the contract in accordance with the terms and conditions defined in Article L 138-2 of the Consumer Code, in which case the Seller shall reimburse the product and „outward“ expenses in accordance with Article L 138-3 of the Consumer Code. The Seller makes available a telephone contact point (cost of a local call from a fixed telephone) indicated in the order confirmation email in order to ensure the follow-up of the order. The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations on the product delivered.
Article 7: Availability and Presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In the event of unavailability of an article for a period greater than 6 working days, you will be immediately informed of the foreseeable delivery times and the order of this article can be cancelled on simple request. The Customer may then request a credit note for the amount of the item or its refund.
Article 8: Payment
Payment is due immediately upon order, including for pre-ordered products. The Customer may pay by credit card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa) Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network between our WIX host and the Paypal and Stripe Payment solutions. Once payment has been initiated by the Customer, the transaction is debited immediately after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the payment undertaking given by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relative to the indicated price. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order cancelled.
Article 9: Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, „the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, except, where appropriate, return costs“. „The period referred to in the preceding paragraph shall run from the date of receipt for the goods or acceptance of the offer for the provision of services. The right of withdrawal can be exercised by contacting the Company in the following manner: send an email to the address firstname.lastname@example.org. In case of exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and shipping costs will be refunded, return costs remain the responsibility of the Customer. The products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; if possible they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard withdrawal form to be sent to us at the following address: BP 60025, 17441 Aytre Cedex, France. Refund procedure : Fill out this form in PDF format and mail it to us at the address above. Upon receipt of your mail within 14 days, we will refund the amount of the order with shipping costs within 48 hours.
Article 10: Guarantees
According to the law, the Seller assumes two guarantees: of conformity and relative to the hidden defects of the products. The Seller refunds the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made in the following way: sending an email to email@example.com with details of information that does not correspond to the order placed. The Seller recalls that the consumer: – has a period of 2 years from the delivery of the good to act with the Seller – that he can choose between replacement and repair of the good subject to the conditions provided by art. apparently defective or only corresponding – that he is exempted from providing proof of the existence of lack of conformity of the good during the six months following delivery of the good. – that, except for second-hand goods, this period shall be extended to 24 months as from 18 March 2016 – that the consumer may also claim the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between rescinding the sale or reducing the sale price (provisions of Articles 1644 of the Civil Code).
Article 11: Claims
If necessary, the Buyer can present any complaint by contacting the company by email by means of the following coordinates firstname.lastname@example.org
Article 12: Intellectual Property Rights
The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
The products themselves, as original creations, are also protected by national and international provisions on designs and copyright. The model of the Tajinebanane T-shirt is deposited. The illustrations and publications on the website are subject to copyright.
Article 13: Force Majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. The seller will notify the customer of such an event as soon as possible.
Article 14: Invalidity and amendment of the contract
If one of the provisions of this contract is cancelled, this cancellation will not result in the nullity of the other provisions which will remain in force between the parties. Any contractual amendment is only valid after written and signed agreement of the parties.
Article 15: Protection of personal data
In accordance with the Data Protection Act of 6 January 1978, you have the right to query, access, modify, oppose and rectify any personal data concerning you. By adhering to these general conditions of sale, you agree that we may collect and use this data for the execution of this contract. By entering your email address on one of our network sites, you will receive emails containing information and promotional offers regarding products published by the Company and its partners. You can unsubscribe at any time. Simply click on the link at the end of our emails or contact the controller (the Company) by RAR letter. We monitor traffic on all our sites. For this, we use tools such as Google Analytics, Instagram Analytics or Facebook Analytics.
Article 16 Limitation of liability
It is stipulated a limiting clause of responsibility of the Seller for the realization of the service at 100 euros.
Article 17: Applicable Law
All the clauses appearing in the present general conditions of sale, as well as all the operations of purchase and sale which are referred to there, will be subjected to the French right. In the event of a dispute, an attempt to resolve the dispute amicably, failing which the competent court will be seized. This is a legal obligation which is mentioned in the documents provided.
In the event of a dispute, we will refer the matter to the Bordeaux Regional Court, in France, under a jurisdiction clause.
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