These General Terms and Conditions of Sale ("GTC") apply, without restriction or reservation, to all sales of products ("Products") concluded by Le Tanneur 12,144,192, whose registered office is located at 7, rue Tronchet 75008 Paris, registered with the Paris Trade and Companies Registry under number 414 433 797 ("..."). Le Tanneur ") with non-professional consumers and buyers ("Customer(s)") on the letanneur.com website ("Site"), accessible from metropolitan France.
The GCS specify in particular the conditions of order, payment, delivery and management of possible returns of products ordered by Customers.
For the purposes hereof, it is agreed that the Customer and Le Tanneur shall also be collectively referred to as the "Parties" and individually referred to as the "Party".
The GTC shall 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 the said information as well as the GCS, at the time of creating an account on letanneur.com before implementing the online order validation procedure.
As these GTC may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the site on the date the order is placed.
In the absence of proof to the contrary, the data recorded in Le Tanneur's computer system shall constitute 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 customer selects the chosen product(s) and adds it (them) to his dematerialized "basket" after having selected the desired color.
The basketbutton at the top right of the screen informs the customer that his selections have been taken into account by indicating the number of products it contains.
Step 2: The customer checks the content of his sound basketby clicking on "place my order" in order to have access to the summary of his order. The customer can then modify his order (product, quantity).
The total amount of the order including VAT then indicates in the summary the price due for the products.
Step 3: Once the order has been checked and, if necessary, modified, the customer validates his basketorder by clicking on "place my order".
If the customer has an advantage code delivered by Le Tanneur, he will have to register it in the space provided for this purpose in order to benefit from it.
Step 4: The customer enters his delivery and invoicing details and thus proceeds to the constitution of his customer account.
All the fields are necessary to finalize the order, it being specified that unless otherwise indicated by the customer, the billing address will automatically be the one indicated as the delivery address.
When creating an account, the customer must enter an email address, which becomes the identifier of his account as well as other required information (title, surname, first name, password) in the appropriate fields. If the customer has already placed an order on the site, he has a customer account. In such a case, he will identify himself only with his e-mail address and password.
The customer then checks all the information and clicks on "continue" to continue his order.
Step 5: Entering bank
details The customer will then access the secure payment screen of Le Tanneur's partner as specified in article 3.3 below.
Payment is made online by credit card or Paypal only.
The customer must enter his or her credit card number, its date of validity and the 3 numbers of the visual cryptogram on the back of his or her card, it being specified that in the case of payment by American Express card, the customer must enter 4 digits.
If the payment is accepted, the customer will be redirected to an order confirmation screen on the site.
In the event of unsuccessful payment, the customer will have up to 3 attempts to re-enter their bank details. After the 3rd refusal, the customer will be redirected on the site to a screen indicating the refusal of payment. The customer will then be invited to contact Le Tanneur's customer service to find out the reasons for this and together find a solution to finalize the customer's 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 purchased is payable in cash, in full on the day the order is placed by the customer. Payment is made online by credit card (Visa, /Mastercard/ American Express/ Maestro) or by Paypal at the time of the validation of the order by the customer.
The request for authorisation to debit the card is made at the time of order validation on the site, except in the event of unavailability of the servers. Le Tanneur reserves the right to proceed with a new direct debit authorization request in the event that the first request could not be successful due to the unavailability of the servers.
In the event of non-payment, incorrect address or any other problem on the customer's account, Le Tanneur reserves the right to block the customer's order until the problem is resolved.
In the event of fraudulent use of the Customer's credit card on the Site, the Customer is invited to contact his bank and Le Tanneur by e-mail at the following address: email@example.com.
Transactions made on the site are secured by the payment system of Le Tanneur's partner, Stripe Payments Europe ("Stripe"), an Irish company whose registered office is located at The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland.
All information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol, more information can be found on the website: https://stripe.com/help/ssl. This data cannot be detected, intercepted or used by third parties. At no time does the customer's banking data pass through Le Tanneur's computer system.
As Stripe is a technical service provider, it does not handle disputes relating to orders, which are processed directly by Le Tanneur as specified above or, where applicable, by the customer's bank.
- 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 from 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. All orders 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 confirmation of the order, 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, Le Tanneur will proceed without delay to the cancellation of the order and to the refund of the sums paid by the customer.
For orders outside France, when the package for export reaches its destination, the recipient will be responsible for paying the taxes or customs duties applicable 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 risks and costs of return are the exclusive responsibility of the customer.
When non-conformity has been noted, Le Tanneur will offer the customer a refund of the order price (product price and delivery costs) as well as the cost of returning the non-conforming product, at the latest within fourteen (14) days from the date of dispatch of the notification of confirmation of the non-conformity by the customer service department of the Le Tanneur site.
In the event of a refund, Le Tanneur will reimburse the totality of the products returned in conformity, as well as the shipping costs incurred, with the exception of taxes and customs duties paid by the customer upon delivery.
Cash on delivery returns are not accepted. Upon receipt of a non-compliant item, Le Tanneur will reimburse the customer for the cost of returning the item by post up to the amount of the price list (Colissimo delivery without registered mail) posted by La Poste on March 1st of the current year. The customer must send proof of the return costs incurred to the customer service department, by email or by post.
In case of abnormal or abusive complaints, Le Tanneur may refuse to serve a subsequent order.
ARTICLE 6 - RIGHT OF WITHDRAWAL
The customer has a period of fourteen (14) calendar days from the date of receipt of the order to exercise his right of withdrawal by sending a request to this effect or the withdrawal form below to Le Tanneur at the following postal address: La Boutiqueen ligne Le Tanneur, service client, 7 rue Tronchet, 75008, Paris France, or by e-mail 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 customer must then return the products to Le Tanneur no later than fourteen (14) calendar days following communication to Le Tanneur of his decision to withdraw.
For any return within the framework of the right of withdrawal, the procedure below must be fully complied with:
- 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 risks and costs of return are the exclusive responsibility of the customer.
Subject to the above-mentioned conditions, Le Tanneur will refund the amount of the order to the customer (price of the product) excluding return and delivery costs. The customer's bank account will be credited with the said amount within fourteen (14) days of receipt of the products by Le Tanneur.
The customer is informed that with regard to personalized items, he or she does not have, in accordance with the law, the right of retraction. Indeed, given the unique and personalised nature of personalised articles, these cannot be taken back.
ARTICLE 7 - CLIENTS
Le Tanneur has an after-sales service ("SAV") in charge of carrying out repairs or exchanges, in particular within the framework 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 Le Tanneur store to deposit his article and his proof of purchase.
Depending on the observations made, the product will be taken care of by Le Tanneur after-sales service.
Subject to the legal provisions in force, this article will be sent to Le Tanneur's repair shop which will decide what to do:
- In the event of a manufacturing defect noted and validated by the workshop, Le Tanneur will repair the item free of charge or replace it with a new item of 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 proven otherwise, the computer records of Le Tanneur and those of its service providers, kept under secure conditions, will constitute proof of all transactions between Le Tanneur and the customer. In accordance with regulations, Le Tanneur will archive reservation requests on a reliable medium. The customer will be able to access it by contacting Le Tanneur's customer service center at the following address: email@example.com. In all cases, it is recommended that the Customer keep the email and/or sms confirming the reservation.
Products can only be reserved in Le Tanneur stores located in metropolitan France and presented in the list of theReserve in-store. The opening hours can be consulted on the website for information purposes only. The Le Tanneur store will undertake, as from the customer's reservation request made on the site, to take into account the customer's request within the time limit indicated during the reservation process and according to the store's opening hours and days (excluding sales periods and non-working public holidays, excluding Sundays). This consideration will be the subject of an email and/or sms of partial or total confirmation of the reservation by the store depending on the availability of products. The response time to the reservation request indicated is given as an indication and is in no way contractual. In this respect, the customer acknowledges that this deadline may not be met (in addition to the previous cases), particularly in the event of a problem with the reservation made by the customer, preventing the store from taking it into account. Upon receipt of the confirmation email or sms sent by the shop, the products will be reserved during the reservation period mentioned in the sms and/or the confirmation email, and this in the shop selected by the customer. The date and time limit for withdrawal of the reservation will also be specified in this email and/or sms. The customer will then be able to collect the reserved products in the shop selected when making the reservation on the site and during the opening hours of this shop.
In order to be able to collect the products, the Customer must at least indicate his first and last name or present his email / sms of confirmation of 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
The Tanner shall not be liable for the total or partial non-execution of its obligations under the order placed by the Customer, if such non-execution is caused by an event constituting a case of force majeure as defined by positive law.
In such a case, Le Tanneur shall inform the customer of the occurrence of such an event within three (3) clear days of its occurrence.
After a period of one (1) month, and in the event that the event constituting a case of force majeure persists, the order will be cancelled and will, where applicable, be reimbursed by Le Tanneur to the credit card used to place the order within a maximum period of thirty (30) days.
ARTICLE 14 - APPLICABLE RIGHTS
Should any of the terms of these GTC be declared null and void, illegal or unenforceable by a court decision, the remaining provisions of the GTC shall remain in force.
The GTC shall be executed and interpreted in accordance with French law.
In the event of a dispute, the customer should first contact Le Tanneur to obtain an amicable solution and in the absence of an agreement.
The customer may also have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with the existing sectoral mediation bodies, or to any alternative method of dispute settlement (e.g. conciliation) in the event of a dispute.
The Parties may also submit any dispute relating to the GTC and any contract concluded pursuant thereto to a dispute settlement procedure, as provided for by European Regulation No. 524/2013, by filing a complaint on the following website: ec.europa.eu/consumers.
Any dispute not resolved amicably shall be submitted to the competent court.