These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reservation, to all sales of products ("Products") concluded by Le Tanneur & Cie, a French limited company with a capital of 12,144,192 euros, whose registered office is located at 7, rue Tronchet 75008 Paris, registered with the Paris Trade and Companies Register under number 414 433 797 (Le Tanneur " ") with consumers and non-professional buyers ("Customer(s)") on the letanneur.com website ("Site"), accessible from metropolitan France.
The GTCS specify in particular the conditions of order, payment, delivery and management of possible returns of products ordered by Customers.
For the application of the present Terms and Conditions, it is agreed that the Customer and will also Le Tanneur be collectively referred to as the "Parties" and individually referred to as the "Party".
The GCS apply to the exclusion of all other conditions, in particular those applicable to other distribution and marketing channels.
These GTC are accessible at any time on the site and will prevail, if necessary, over any other version or any other contradictory document.
The Customer declares having read these GCS and all the information listed in article L. 221-5 of the French Consumer Code, and having accepted this information as well as the GCS, when creating an account on letanneur.com prior to the implementation of the online order validation procedure.
As these GCS may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the site on the date the order is placed.
Unless proven otherwise, the data recorded in the computer system of Le Tanneur constitutes proof of all transactions concluded with the Customer.
The Customer acknowledges having the required capacity to contract and acquire the products offered on the site.
ARTICLE 1 - PRODUCTS
The products offered on sale by Le Tanneur are those which appear on the website the day the Client browses it.
In agreement with article L. 111-1 of the Code of consumption, the client can, before making any order, find out on the website the essential characteristics of the product(s) that they wish to order by clicking on the link corresponding to the product. Each product has a descriptive panel which aside from photography, contains: the price and colours available, the composition, as well as particular characteristics. Very small differences between a product and its image can exist, notably due to the quality and colour display of the screen of the user.
Le Tanneur pledges to deliver products which respond to the prescriptions in relation to the security and health of people in accordance to the European dispositions, and notably to the legislation on regulated chemical substances.
Le Tanneur has the right to modify at any moment the list and range of products.
Offers on products extend whilst stocks last, as made clear during the ordering process, and are valid, unless stated otherwise by a specific time stamp, as long as the products are shown on the website.
ARTICLE 2 - PRICES
In agreement with article L. 112-1 of the Code of consumption, the sale price of products is indicated, for each product, on the website in euros and including all taxes. The prices applicable to the sale of products on the website are those shown on the website the day the order is made by the client.
They do not include the shipping rate, which is added to the price of the purchased products and whose amount is indicated to the client before validating the order. The shipping rates are communicated to the client on the order summary of the order before confirmation and are expressed including all taxes.
The transfer of risks of loss or damage of products will be done after delivery and reception of the products by the client.
ARTICLE 3 - ORDER AND PAYMENT OF PRODUCTS
- 3.1 Placing an order
The customer materializes his order by completing the following 5 steps:
Step 1: The client chooses their product(s) and adds it(them) to his “basket” after having chosen their desired colour.
The basket located on the top right of the screen informs the client that their choice has been considered and indicates the number of products it contains.
Step 2: The client checks the content of their basket by clicking on “make my order” to reach the summary of the order. The client can then modify their order (product, quantity).
The total amount all taxes included of the order indicates the summary of the prices for each product.
Step 3: Once the order has been checked and eventually modified, the client confirms their basket as such to finalise their order by clicking on “make my order”.
If the client has a discount voucher given by Le Tanneur, they will have to write it into the specified area to benefit from it.
Step 4: The client enters their delivery details and payment details and therefore proceeds to the creation of their customer account.
All of the fields are necessary to complete the order, and it is specified unless stated otherwise by the client, that the billing address will automatically be the one noted as the delivery address.
In terms of the creation of an account, the client must enter an email address, which becomes the username of their account as well as other required information (title, surname, name, password) in the appropriate fields. If the client has already made an order on the website, they already have a customer account. In such a case, they will only identify themselves with their email address and password.
The client then verifies the information and clicks on “continue” to follow on his order.
Step 5: Input bank details
The client will then access the secured payment page of Le Tanneur’s partner as mentioned in article 3.3 below.
The payment is made online by credit card or Paypal only.
The client will have to input their credit card number, the expiry date as well as the 3 safety numbers indicated on the back of the card, it is mentioned that in case of payment with an American Express card, the client will communicate the 4 numbers.
If the payment is accepted, the client will be redirected towards an order confirmation page on the website.
In case of a failed payment, the client will have up to 3 tries to enter his bank details. After the 3rd failure, the client will be redirected on the website to a page telling them about the failed payment. The client will then be invited to contact the customer service of Le Tanneur to know the reasons for this failed payment and will find a solution together to finalise the order.
- 3.2 Order confirmation
As soon as the payment has been accepted, the client will receive a confirmation email of their order, and a summary of the ordered products, the billing address and the shipping address.
The confirmation of the order by the client and the confirmation sent to the client by email by Le Tanneur following the receipt of payment equal a sales contract between the Parties and agreement of the TOS.
The client having made an order will have the possibility to print the receipt by connecting to the website in the tracking order space made for those needs.
Le Tanneur has the rights not to confirm an order for legitimate reasons and notably in case of:
- unusual or abusive complaints,
- unusual orders in regard to the amount ordered,
- unusual or abusive returns,
- existing disputes with the client,
- stock error.
Le Tanneur’s customer service is available for all questions related to the order. The customer service is available by mail at the following address: firstname.lastname@example.org.
- 3.3 Payment
The price of the products bought is owed, the entire amount, the day the order is made by the client. The payment can be made online by credit card (Visa/Mastercard/American Express/Maestro) or by Paypal at the moment of confirmation of the order by the client.
The authorisation request of the card is made at the moment of confirmation of the order on the website, unless the servers are not available. Le Tanneur has the right to request a new authorisation request to make the payment if the first request did not go through due to servers being unavailable.
In the case where a payment does not work, of a wrong address or any other problem on the customer account, Le Tanneur has the right to block the order of the client until the problem has been solved.
In case of fraudulent use of a credit card on the website, the Client is asked to contact his bank and Le Tanneur by mail at the following address: email@example.com.
The transactions made on the website are secured by the payment system of Le Tanneur’s partner, the society Stripe payments Europe (“Stripe”), an Irish society whose head offices are located at The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland.
All the information exchanged to treat the payments are encrypted thanks to the SSL (Secure Socket Layer) protocol, more information can be found on the website: https://stripe.com/help/ssl. These details cannot be detected, intercepted, or used by a third party. At no moment the bank details of the client go through any computer system of Le Tanneur.
The Stripe society is a technical provider, and does not deal with complaints related to orders, which are treated directly by Le Tanneur as mentioned previously or by the bank of the client.
- 3.4 Storage of the order
The order confirmation is saved in Le Tanneur’s records, which are themselves saved on a safe and lasting support. The client accepts the confirmation of the order as proof of contractual relations between the Parties.
ARTICLE 4 - DELIVERY
Le Tanneur delivers orders accompanied by a delivery note within ten (10) working days for delivery to Metropolitan France, and twenty (20) working days for delivery to Belgium, Luxembourg and the rest of Europe, as of the day following payment of the order. During sales periods, the preparation time of your package and delivery may be extended. We thank you for your patience and understanding.
Any order registered on the site from Monday to Friday before 2 p.m. will be processed the same day; from Monday to Thursday after 2 p.m., it will be processed the following day. Any order placed on Friday after 2 p.m., Saturday and Sunday will be processed the following Monday; it is specified that orders placed on a holiday will be processed the next working day.
In the event that the delivery period is exceeded by more than ten (10) days in relation to the delivery period indicated in the order confirmation, not justified by a case of force majeure, the customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days from receipt of the written cancellation of the sale, reimbursement of the sums paid on the occasion of the sale.
In case of unavailability of a product, noted after the order confirmation, Le Tanneur will inform the customer within 24 hours from the confirmation of the order and will propose an extension of the initial delivery time. In case of refusal by the customer, will Le Tanneur proceed without delay to the cancellation of the order and the reimbursement of the sums paid by the customer.
For orders outside France, when the package for export reaches its destination, it will be the responsibility of the recipient to pay the taxes or customs duties that apply in the country of destination. The local authorities can usefully inform customers to this effect.
ARTICLE 5 - RECEIPT OF THE ORDER - COMPLAINTS - RETURNS
- 5.1 Receiving the order
The customer is obliged to check the conformity of the products received in execution of his order at the time of delivery. If the customer finds that the package containing the product or the product itself has been damaged, he is invited to specify this on the carrier's delivery slip.
Any anomaly concerning the delivery such as :
- damaged parcel,
- missing products,
- deteriorated products,
- products that do not conform to the order,
Will have to be notified in the legal time delay following the reception of the order.
This notification will be transferred to Le Tanneur’s customer service either by express courier, by writing to the following address: Le Tanneur 7 Rue Tronchet, 75008 Paris France, or by email at firstname.lastname@example.org.
- 5.2 Statutory guarantees
All products benefit from the legal guarantee of conformity provided for in articles L. 217-4 to L. 217-14, L. 411-1 and L. 411-2 of the Consumer Code, and the legal guarantee of hidden defects provided for in articles 1641 and following of the Civil Code.
When acting as a legal guarantee of conformity, the customer :
- shall be exempt from furnishing proof of the lack of conformity of the goods during the twenty-four months following delivery of the goods. Any lack of conformity which appears within that period shall be presumed to have existed at the time of delivery, unless proved otherwise in accordance with Art. L. 217-7 of the Consumer Code ;
- shall have a period of two years to act from the date of delivery of the property ;
- may choose between repairing or replacing the good, subject to certain cost conditions provided for in Articles L. 217-9 et seq. of the French Consumer Code.
The legal guaranty of conformity applies independently to a commercial guaranty.
The client can decide to activate the guaranty against the hidden defects of the sold good according to article 1641 of the Civil Code. In this case, the client can choose between the resolution of the sale or a reduction of the sale price according to the article 1644 of the Civil Code.
- 5. 3 Returns of non-conforming product(s)
For any return of non-compliant product(s), the customer must respect the following procedure:
- The customer will have to fill in a return request accessible from the customer area - section " "MY ORDERS.
- • The client will have to join to their package the delivery order. No returns will be accepted without the delivery order and without a previous return request.
- • The products have to be returned in either their original packaging, or in a packaging protecting the product against any damage, with their label and eventual accessories allowing their renewed commercialisation, to the following address:
Rue des escargots
38630 VEYRINS THUELLIN, France
The return risks and fees are the responsibility of the client.
When the non-conformity has been noted, Le Tanneur will offer to the client the refund of the price of the order (price of the products and shipping costs) as well as the return costs of the non-compliant product, within the fourteen (14) days following the date of the notification of the confirmation of the non-conformity by Le Tanneur’s customer service.
In case of a refund, Le Tanneur will ensure the refund of the total amount of the compliant products, as well as the shipping fees, except the taxes and custom fees paid by the client during shipping.
Returns on refund-exchanged products are not accepted. When receiving a non-compliant product, Le Tanneur is responsible for the refund of the shipping fees in accordance to the delivery rates (Collisimo delivery non-registered) shown by La Poste on the 1st of March of the current year. The client will have to attach a proof of the shipping fees to the customer service, by email or by post.
In case of unusual or abusive claims, Le Tanneur can refuse to serve a previous order.
ARTICLE 6 - RIGHT OF WITHDRAWAL
The client disposes, within a period of fourteen (14) days beginning on the date of reception of the order to exert their right of withdrawal by requesting a demand on the Withdrawal Form shown below to Le Tanneur at the following postal address : La boutique en Ligne Le Tanneur, service client, 7 Rue Tronchet, 75008, Paris France, or by email at the following address : email@example.com.
(to be completed only if you wish to withdraw from the contract)
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the (*) property below:
- Delete as appropriate
The client will have to then send back the products to Le Tanneur within fourteen (14) calendar days following the communication to Le Tanneur of their decision to withdraw.
For all returns in the case of withdrawal, the procedure below must be completely followed and respected:
- the customer will have to fill in a return request accessible from the customer area - section " "MY ORDERS.
- • The client will have to join to their package the delivery order. No returns will be accepted without the delivery order and without a previous return request.
- The products must be sent back in their original packaging, or in a packaging protecting the product against all damage, with their label and eventual accessories allowing their new commercialisation, to the following address:
Rue des escargots
38630 VEYRINS THUELLIN, France
The return risks and fees are the responsibility of the client.
Subject to the conditions mentioned above, Le Tanneur will refund the amount all taxes included of the client’s order (price of the product) not including the return and shipping fees. The client’s bank account will be credited with the said amount, within fourteen (14) days starting from the reception of the products by Le Tanneur.
The client is informed that in terms of personalised products, they do not have the right, according to the law, to withdraw. Indeed, considering the unique and personalised aspect of the customised products these cannot be taken back.
ARTICLE 7 - CLIENTS
Le Tanneur has an after-sales service ("SAV") responsible for carrying out repairs or exchanges, particularly in the context of the implementation of the Legal Warranty.
For any request, the customer must contact the after-sales service by email at the following address: firstname.lastname@example.org, providing photos of the product(s) and proof of purchase.
The customer can also go to any of the companyLe Tanneur 's stores to deposit his or her article and proof of purchase.
Depending on the observations made, the product will be taken care of by the after-sales Le Tanneurservice.
Subject to the legal provisions in force, this article will be sent to the repair shop, Le Tanneur which will decide what action to take:
- In case of a manufacturing fault noticed and approved by the workshop, Le Tanneur will repair free of charge the product or will replace it with a new product of an equivalent value,
- For the products out of guaranty, the repair will have to be paid according to a quote sent to the client before any repairs are made.
ARTICLE 8 - PRODUCT RESERVATIONS
- 8.1 Terms of the Reserve in-store
The reservation is made in several stages:
- the website suggests to the clients the nearest stores near their home which have the products in stock so that the client can choose which store from the list they want,
- the customer fills in the reservation basketform,
- the customer receives an email from the shop he has selected acknowledging receipt of his reservation,
- The customer then receives from the store, a sms and an email of validation of his reservation indicating in particular the availability of the reserved products as well as the deadline of withdrawal of the products in store.
Unless proved otherwise, the computer registers of Le Tanneur and those of its partners, kept in secure conditions, will make up the entirety of transaction proofs between Le Tanneur and the client. In accordance to the regulation, Le Tanneur will proceed to archive the reservations requests on a trustworthy support. The client will be able to access it by contacting the centre of customer service of Le Tanneur at the following address : email@example.com. In any case, it is recommended to the Client to keep the confirmation email and/or the text message of their reservation.
The products can only be reserved in the Le Tanneur stores located in metropolitan France and displayed on the list of e-reservation stores. The opening hours can be seen on the website only as general indications. The Le Tanneur store guarantees, beginning at the reservation request made on the website, to take into account their request in the time frame indicated during the reservation and in relation to the opening hours and days of the store (outside of sales time and bank holidays and special circumstances, not including Sundays). This consideration will result in the sending of a partial or complete confirmation email and/or text message by the store depending on the availability of the products. The delay in response time to the reservation request indicated is purely as an indication and is in no way contractual. For this reason, the client agrees that the delay might not be respected (for the reason mentioned above), notably in case of problems on the reservation made by the client, meaning the store is unable to receive this request. As soon as the confirmation email or text message has been received, the products will be reserved in the store during the delay mentioned in the text message and/or the confirmation email, and this in the store chosen by the client. The limit date and time of collection of the reservation will also be made clear in the email and/or the text message. The client will then be able to collect the reserved products from the store chosen during the reservation on the website and during the opening hours of the store.
To be able to collect their items, the Client will have to at least indicate their name and surname or show their confirmation email/text message of the reservation.
- 8.2 Product availability
The offers on prices and products are valid as long as they are shown on the website, unless special operations whose valid duration is specified on the website. The client is encouraged to check the availability of products on the information page of each product.
The stock availability of the products is based on the stocks in the store chosen by the client, at the moment of the last update of this state. A date near the availability information of the stocks mentions the date and time of the last update of the stock state. Nonetheless, it is agreed that this availability is given simply at indicative status, the products can be sold between the moment of reservation by the client and the confirmation of the reservation by the store. In case of a reservation having multiple products, the store will proceed to the reservation of the different available products.
If they wish so, the client can decide to cancel their reservation concerning their unavailable products or for the cancelling of the entire reservation, as long as they inform beforehand the store in charge of the reservation (by clicking on the “cancel” button in the received emails, or by using the phone number indicated in the reservation confirmation email). In any case, a cancellation email will be sent to the client to confirm the cancellation of the order.
- 8.3 Payment
The reservation of the product in the shop selected by the customer does not imply the online payment on behalf of the customer.
The payment is made in the store, upon withdrawal of the product(s), by any means of payment in force in the store and according to the general terms of sale of the stores.
ARTICLE 9 - PERSONAL DATA
Le Tanneur collects a certain amount of necessary information notably to the treatment of orders.
This information is not only necessary to the treatment of the order by Le Tanneur, but also to communicate to the client information about the Le Tanneur brand, on the website or to make them benefit from Le Tanneur commercial offers if the client accepts when validating their order.
This information is strictly confidential and is noted with an asterisk (*) when it is necessary for Le Tanneur and/or their suppliers in the management of the client’s order.
For the reason of any legal authority or as such to defend its rights or the rights of its employees, clients or any other person, Le Tanneur can communicate this data to organisms and legally capable authorities.
Le Tanneur ensures to take any necessary precaution to ensure the security of its folders and the protection of its computer system, and to notably prevent the client’s personal information to be modified, damaged or that a non-authorised third-party gains access to them.
The personal information of the client is sent and stored in the host of the website situated in Canada, whose details appear on the website in the “Legal Notices” tab.
In accordance to the law Informatique and Liberte of the 6 January 1978 and the European Regulation n°2016-679 said the General Data Protection Regulation (GDPR), the client benefits from a right of access, rectification, limitation, modification, suppression and portability of their personal information.
The client can also ask to access their information, to have them rectified, modified, limited, transferred or deleted, or to oppose to their use by Le Tanneur by writing to Le Tanneur at the following email address: firstname.lastname@example.org or by post at the following postal address: La boutique en ligne Le Tanneur, service client, 7 Rue Tronchet, 75008, Paris, France.
The whole of the information relating to personal details can be accessed and appears on the confidentiality chart accessible on the website.
ARTICLE 10 - COOKIES
The cookies remember, the duration of the clients visit on the website, his identity (known thanks to his email address and his password) and the content of his basket. After the client has disconnected from the website, this information is remembered during 30 (thirty) days before being permanently deleted.
The client can oppose themselves to the saving of cookies by setting up their Internet browser. They therefore lose all customisation and personalisation of the service offered to them by the website.
ARTICLE 11 - RIGHT TO INTELLECTUAL PROPERTY
The presentation and content of the website, including without limit, the layout, the brands, the logos, the domain names, the graphics, the models, the musical pieces, the pictures, the animations, the texts, the descriptions and more generally all visual elements (animated or not) and/or auditory, as well as the software and programs used to edit the website (the “distinct signs and content”) make up the whole or separately the distinct signs and the protected works by laws and foreign and international conventions in terms of protection of intellectual property.
Le Tanneur is the owner or benefits from the rights of intellectual property needed to the use of the website and each of the distinct signs and content.
Access to the website does not give the client any rights on the intellectual property related to the website nor to the distinct signs and contents.
Any total or partial reproduction of the distinct signs or contents is forbidden, as well as the representation, modification, transmission, publication, adaptation, on any support whatsoever, by whichever mean, or the exploitation of all or part of the website without written consent by Le Tanneur.
The exploitation without any previous consent given by Le Tanneur at whatever title it may be, of all or part of the website could make the object of any appropriate action, notably of counterfeit.
Any use of all or part of the site that is not authorized in advance by Le Tanneur for any reason whatsoever may be subject to appropriate legal action, in particular action for infringement of copyright.
Hyperlinks towards other websites planned by Le Tanneur can be accessed on the website to facilitate the browsing of the user. Le Tanneur does however not have any legal obligation or conventional to verify the contents of these and does not actually have the management of them. The data collected on these websites will not be communicated to Le Tanneur, who is not responsible for their management. Le Tanneur will not be held accountable for the services and information offered by the websites. Le Tanneur declines any responsibility relating to the content of the websites potentially linked to their website.
ARTICLE 12 - RESPONSIBILITY LIMIT
The Le Tanneur society is committed to the execution of the obligations resulting from the sales contract made with the client.
However, Le Tanneur’s responsibility cannot be engaged in case of non-execution or of bad execution of the sale due, either to the client, or to unforeseeable circumstances of a third party to the contract, or to a major circumstance.
The contracting of the order on the website involves the knowledge and accepting of the procedures of the Internet system notably what concerns the technical performances, the response times, the connection, the interrogations or information transfers, the risks of cuts, the risks of contamination by virus circulating on the software or in a general manner all the risks related to the use of the Internet system.
Le Tanneur will therefore not be held responsible for any direct or indirect damage related to the wrongful use or an incident related to the use of a computer, the Internet access, of the maintenance or malfunction of the servers, of the phone line or of any other technical connection, the client’s connection to the website is made under their entire responsibility.
Le Tanneur can suspend the access, with no prior notice, to the website, for maintenance reasons and updates or for security reasons.
ARTICLE 13 - MAJOR CIRCUMSTANCES
Le Tanneur will not be responsible for the whole or partial non-execution of their obligations in relation to the order made by the client, if this non-execution is provoked by an event which constitutes a major circumstance as defined by the positive right.
In such a case, Le Tanneur will inform the client of such an event within a delay of three (3) days following the happening of the event.
Following a delay of one (1) month, and in the case where the major circumstance is still ongoing, the order will be cancelled and will result in a refund by Le Tanneur on the credit card used to make the order in a maximum of thirty (30) days.
ARTICLE 14 - APPLICABLE RIGHTS
If any one of the presented TOS would find themselves to be made void, unlawful or unenforceable by a court decision, the other dispositions of the TOS would still be applicable.
The TOS are executed and interpreted according to the French law.
In case of litigation the client will contact in priority Le Tanneur to obtain an amicable solution and agreement.
The client will also be able to resort to conventional mediation, notably amongst the Commission of mediation and consumption or to the existing instances of sectorial mediation, or to any other alternative way of dispute resolution (such as conciliation) in the event of a dispute.
The Parties will also be able to submit any dispute relating to the TOS and to any other contract which applies to these to a dispute settlement procedure, as planned by the European Regulation n°524/2013, by submitting a complaint on the following website: ec.europa.eu/consumers.
Any dispute not resolved in an amicable manner will be submitted to a competent court.