GENERAL CONDITIONS OF SALE
The purpose of these general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale" or "GTC") is to define the conditions of sale of the Products (hereinafter referred to as "Products") by T'nb SA France (Simplified Joint Stock Company) with capital of €4,271,545, RCS Salon de Provence 309 635 043 on the website accessible at the address https://www.t-nb.com/fr .
CONDITIONS OF APPLICATION
These General Terms and Conditions of Sale apply to any order placed remotely by a natural person, of legal age and fully capable of contracting and acting in a personal capacity as a consumer directly on the Site accessible at the following address: https://www.t-nb.com/fr (hereinafter, together the "Site"). The Products offered on the Site are reserved for strictly personal use and not for commercial purposes, any resale is prohibited. You agree to provide us with accurate, complete and up-to-date information to enable us to properly execute your orders, and you are responsible for the consequences arising from false or inaccurate information.
Exclusion of application
The T&Cs do not apply to professionals. A professional is considered to be any natural or legal person, public or private, who acts for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including when they act in the name of or on behalf of another professional.
Modification of the T&Cs
These General Terms and Conditions may be modified at any time by T'nb SA France. It is your responsibility to consult them and formally accept them before placing any order. The applicable General Terms and Conditions are those appearing on the Site at the time of your order and accessible via a link in the confirmation email. Any order placed on the Site implies full, unreserved and unconditional acceptance of the General Terms and Conditions in force at the time of said order.
YOUR ORDERS
For any order from https://www.t-nb.com/fr you will need to follow the following steps:
- Choosing and adding items to the basket
- Creating your account or logging into your account. (This step is optional in Guest mode).
- Creation of delivery address and choice of delivery method
- Billing address creation, summary and payment
An order will be considered valid when these steps have been completed properly.
Full payment will be requested when ordering.
We advise you to carefully check your personal information, particularly your delivery address, when summarizing your order. In the event of an error in the shipping address, the shipping costs for a new shipment will be your responsibility. T'nb SA France cannot be held responsible for the consequences of any data entry errors.
If your telephone number is provided, we inform you of the existence of the “Bloctel” telephone canvassing opt-out list, on which you can register for free https://conso.bloctel.fr in accordance with article L223-2 of the Consumer Code.
We reserve the right to cancel or refuse your order for legitimate reasons, in particular in the event of an anomaly on the order form, abnormal behavior and/or bad faith, refusal of payment, late payment for previous orders, fraudulent use of the promotional offers system.
Availability
The offers and Products presented on the Site are offered within the limit of available stocks. Products that are no longer available are in principle no longer offered for sale. If certain products prove to be unavailable after the conclusion of a sale, we will inform you by email as soon as possible. In this case, you will have the choice of either waiting for a restocking or canceling the order and being reimbursed. T'nb SA France cannot be held liable for any damages as a result.
The Site is in principle accessible 24 hours a day, 7 days a week, and all year round, except in the event of interruption, voluntary or involuntary, whatever the cause, or for possible maintenance. T'nb SA France may also not be held liable for any damage, whatever its nature, resulting from unavailability of the Site.
PAYMENT
You must pay by credit card (Visa, Mastercard or Carte Bleue). All orders are payable in euros. You agree to pay all fees relating to orders placed. Payment is due upon ordering. The amounts collected cannot be considered as a deposit or down payment. An invoice will be made available in your account. You can download it in a few clicks. You guarantee that you are fully authorized to use the payment card used and have sufficient funds to pay for your order(s). T'nb SA France cannot be held responsible for any fraudulent use of the payment method used. Payment is made on a secure server. We certify that credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted in clear text over the network. Payment is made directly to an intermediary in charge of banking transactions. T'nb SA France reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount due or in the event of a payment incident.
PRICE
The prices displayed on the Site are indicated in euros including all French taxes (French VAT + other taxes and in particular the eco-participation), excluding shipping costs. All shipping costs will be indicated in the basket before the final validation of the order. Prices may be modified at any time, without notice and in particular in the event of a change in tax or economic data. The items will be invoiced on the basis of the rates in force at the time the order is registered.
DELIVERY
Orders are delivered to the following countries: France (including Corsica and excluding DOM-TOM), Germany, Belgium, Netherlands, Luxembourg, Ireland, Italy, Spain (excluding specific territories), Portugal (excluding specific territories), Austria, Denmark, Poland, Czech Republic, Slovakia, Slovenia, Sweden to the home address provided at the time of ordering. You may be asked for proof of identity when the order is delivered so that the carrier can verify that your identity matches the one provided at the time of your order.
In the absence of order validation, you will be informed either of the cancellation of your order or of a request for the provision of additional supporting documents. In the latter case, upon receipt of these documents and their validation, your order will resume its preparation.
Subject to availability of the reception and validation of your files and the means of payment offered by T'nb SA France on the day of the order, orders will be shipped within 48 hours maximum on working days and delivered by Colissimo, unless otherwise indicated when ordering. The shipping time is the average time which corresponds to the time taken to process, prepare and ship the order (exit warehouse).
The transfer of risks takes place at the time of delivery of the Products.
The preparation and shipping time may be increased during exceptional commercial periods (Outlet, sales, Black Friday, etc.).
Delivery is free for all orders of a minimum amount of 30 euros (30€), for lower amounts, delivery costs are specified at the time of ordering. It is specified that the amount of the order is understood as the amount of the basket after deduction of any possible reduction applicable to this basket in particular.
For France, in the event of a delay in delivery seven (7) days after the scheduled shipping date indicated in your account, we invite you to contact our customer service for the possible organization of a new shipment. Beyond thirty (30) days following your order, any claim for products not received will not give rise to a new shipment.
For Europe, the delivery time will vary depending on the country of order and the carrier.
The transfer of ownership of the Product(s) ordered is subject to the actual and full collection of the price.
PRODUCT CONFORMITY
The Products offered for sale are presented on the Site and accompanied by the most complete product description possible.
The Products offered by T'nb SA France comply with current French and European standards.
Elements such as photographs, texts, graphics and all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
At the time of delivery, you must check the conformity of the products delivered (damage or partial loss) and report any damage that may be due to transport to T'nb SA France within 3 days of receiving your order. To do this, you must contact Customer Service at the following address info@t-nb.com . We recommend that you keep the original products and packaging until we have validated the conditions of your return.
In accordance with Article 1641 of the Civil Code, you have a guarantee against hidden defects to be implemented within two years from the discovery of the defect and in accordance with Article L217-7 of the Consumer Code, you also have a 2-year guarantee of conformity from the delivery of the product. In the event of a defect, you must contact Customer Service at the address indicated in these T&Cs and will be able to choose between a refund or exchange of your order.
Article 1641 of the Civil Code
The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Appendix to Article D. 211-2 of the Consumer Code
“A.-Box inserted in the general conditions of sale of goods (excluding domestic animals)
"The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
"When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.
“The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
“The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
“If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
“If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
"The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:
“1° The professional refuses to repair or replace the goods;
“2° The repair or replacement of the good occurs after a period of thirty days;
"3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;
“4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
"The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the goods beforehand.
“The consumer is not entitled to rescission of the sale if the lack of conformity is minor.
“Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.
“The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
"A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
"The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good."
RIGHT OF WITHDRAWAL
In accordance with Article L221-18 of the Consumer Code, you have a period of fourteen (14) days from the date of receipt of your order to exercise your legal right of withdrawal, return any Product that does not suit you and request a refund without penalty. The refund will be made within fourteen (14) working days after the date of receipt of the return by crediting the amount to be refunded to the payment method used when validating the order, excluding shipping costs.
To exercise your right of withdrawal, simply log into your account, click on “my returns”, click on “new return request”, complete the return request and validate.
Return postage costs are your responsibility. Returns must be sent in regular tracked packages using standard postal services and not express carriers (FedEx, DHL etc.).
The Product must be returned in its original condition, with all possible accessories and documentation. Thus, any incomplete or damaged Product will not be treated as a return and therefore will not be refunded.
RESPONSIBILITY
T'nb SA France shall not be held liable for unforeseeable damages or for a total or partial failure to meet its obligations if this failure results from a case of force majeure or a third party. T'nB Sb France shall not be held liable for any inconvenience or damage inherent in the use of the Internet, bugs, errors, computer viruses or any other element preventing access to the Site. All users accept that access to the Site and its use are at their own risk and that T'nb SA France may suspend or terminate the operation of the Site at any time at its sole discretion. Failure to comply with these general conditions, and in particular, any payment incident when ordering, actions contrary to the interests of T'nb SA France, the provision of false information, may result in the termination of the customer account.
INTELLECTUAL PROPERTY
All content (images and text) on the Site is protected by copyright and may not be distributed, downloaded, modified, edited, reused, republished, reproduced, transmitted, performed, displayed or otherwise used by mechanical or electronic means without the express, prior and written permission of T'nb SA France.
All trademarks, logos, designs and product names, whether or not appearing in large print or followed by trademark symbols, are trademarks of T'nb SA France.
The distribution, downloading, editing, modification, reuse, reproduction, republication, transmission, exploitation, display or other use of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may violate copyright, trademark, defamation, privacy and other laws, and communications regulations and statutes.
T'nb SA France actively and fully exercises its intellectual property rights to the fullest extent permitted by law.
PROTECTION OF YOUR PERSONAL DATA
T'nb SA France ensures the protection of your personal data within the framework defined by the personal data protection policy that you can consult on our site.
GENERAL PROVISIONS
This contract, its execution, and its interpretation are governed by French law.
Any dispute must be the subject of a prior attempt at amicable settlement.
In the event of a dispute arising from an order in accordance with these General Terms and Conditions, the Customer must address his/her complaints in writing to T'nb SA France, by email to info@t-nb.com or by post to the head office of T'nb SA France. The reasons for the complaint must be specified and justified in full in writing.
In the event of a dispute between the Customer and T'nb SA France, they will endeavour to resolve it amicably (the Customer will send a written complaint or, where applicable, to the Customer Relations Department of T'nb SA France).
In the absence of an amicable agreement or in the absence of T'nb SA France within a reasonable period of one (1) month, the Customer within the meaning of Article L.133-4 of the Consumer Code has the possibility of contacting, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the Consumer Mediation Evaluation and Control Commission in application of Article L.615-1 of the Consumer Code, namely:
The Professional Mediation Company
www.mediateur-consommation-smp.fr
24 rue Albert de Mun - 33000 Bordeaux
The Customer also has the option of using the European online dispute resolution platform: http://ec.europa.eu/consumers/odr/ .
In the event of a dispute, it will be brought before the territorially competent court under Article R 631-3 of the Consumer Code.
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.