Terms of sale
Effective as of 09/18/2024
ARTICLE 1 - SCOPE
These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Customers or the Customer”) who wish to purchase the products offered for sale (“the Products”) by the Seller on the website https://maisontanaya.com. The Products offered for sale on the website are printed clothing, accessories, and textile items.
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website https://maisontanaya.com/, which the customer is required to read before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These GTC are accessible at any time on the website https://maisontanaya.com/ and shall prevail over any other document.
The Customer declares that they have read and accepted these GTC by ticking the box provided for this purpose before completing the online ordering process on the website https://maisontanaya.com.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
Atelier Tanaya SAS, simplified joint stock company
Share capital of €1,000
Registered with the Trade and Companies Register under number 981310337, under number 981 310 337
14 rue de l'Amiral Mouchez
Email: serviceclient@maisontanaya.com
Intra-Community VAT number FR35981310337
The Products presented on the website https://maisontanaya.com/ are offered for sale in the European Union, the United Kingdom, and Switzerland.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated excluding tax on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. These will be the sole responsibility of the Customer.
ARTICLE 2 - PRICES
The Products are supplied at the prices listed on the website https://maisontanaya.com when the order is registered by the Seller. Prices are quoted in Euros, excluding VAT and including VAT.
Prices take into account any discounts that may be granted by the Seller on the website https:/maisontanaya.com
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside of this period.
Prices do not include processing, shipping, transport, and delivery costs, which are invoiced as extras, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 - ORDERS
It is the Customer's responsibility to select the Products they wish to order on the website https://maisontanaya.com/, in accordance with the following terms and conditions:
The Customer chooses a Product and adds it to their basket. They may remove or modify this Product before confirming their order and accepting these general terms and conditions of sale. They then enter their contact details or log in to their account and choose the delivery method. Once the information has been confirmed, the order will be considered final and payment will be required from the Customer in accordance with the terms and conditions set out.
Product offers are valid as long as they are visible on the website, while stocks last.
The sale will only be considered valid once full payment has been received. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the website https://maisontanaya.com constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment for a previous order.
The Customer can track the progress of their order on the website.
ARTICLE 4 - PAYMENT TERMS
The price is paid via secure payment, according to the following terms:
• Payment by credit card
The price is payable in full by the Customer on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., organized under the laws of Luxembourg, approved for banking transactions carried out on the website https://maisontanaya.com
Payments made by the Customer shall only be considered final after the Seller has actually received the sums due.
The Seller shall not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 - DELIVERIES
Products ordered by the Customer will be delivered to mainland France or to the following areas: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Liechtenstein, Luxembourg, Netherlands, Poland, Portugal (excluding islands), Romania, Slovakia, Slovenia, Spain (excluding islands), Sweden, and the United Kingdom. Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Liechtenstein, Luxembourg, Netherlands, Poland, Portugal (excluding islands), Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden, Switzerland.
Deliveries are made within five working days of the Customer placing the order.
Delivery consists of the transfer of physical possession or control of the Product to the Customer.
Except in special cases or if one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 18 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be canceled at the Customer's written request under the conditions provided for in Articles L216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Customer will then be refunded to them no later than fourteen days after the date of termination of the contract, excluding any compensation or deduction.
The Customer is required to check the condition of the products delivered. They have 14 days from delivery to make any complaints and initiate a return procedure on the dedicated portal or by email to serviceclient@maisontanaya.com, accompanied by all relevant supporting documents (including photos). After this period, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defects, and no complaint will be validly accepted by the Seller.
The Seller shall refund or replace, as soon as possible and at its own expense, any Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and damage relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except where the Customer has chosen the carrier himself. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer shall only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
In accordance with the terms of Article L221-18 of the Consumer Code, “For contracts providing for the regular delivery of goods during a defined period, the period shall run from the date of receipt of the first item.” "
The right of withdrawal may be exercised online by logging on to the returns portal available at the following addresshttps://returns.futurlog.com/maisontanaya
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold in new condition, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products will not be accepted. Return shipping costs are the responsibility of the seller for deliveries within mainland France and the buyer for deliveries outside mainland France.
The exchange (subject to availability) or refund will be made within 14 days of the Seller receiving the Products returned by the Customer under the conditions set out in this article.
ARTICLE 8 - SELLER'S LIABILITY - WARRANTIES
The Products supplied by the Seller are covered by:
•the legal warranty of conformity, for Products that are defective, damaged, or do not correspond to the order,
the legal warranty against hidden defects resulting from a defect in material, design, or manufacture affecting the products delivered and rendering them unfit for use.
Provisions relating to legal warranties
Article L217-4 of the Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.”
Article L217-5 of the Consumer Code
"The goods comply with the contract
1° If they are fit for the purpose usually expected of similar goods and, where applicable:
if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter. *
Article L217-12 of the Consumer Code
“Action resulting from lack of conformity lapses two years after delivery of the goods.”
Article 1641 of the Civil Code.
"The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that diminish its use to such an extent that the buyer would not have acquired it or would have paid a lower price for it if they had known about them. "
Article 1648, paragraph 1 of the Civil Code.
“Action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.”
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the term of the commercial warranty granted to them at the time of purchase or repair of movable property, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining term of the warranty. This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair, if this availability is subsequent to the request for intervention."
In order to assert their rights, the Customer must inform the Seller in writing (by email or post) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller shall refund, replace, or repair the Products or parts under warranty that are deemed non-compliant or defective.
Shipping costs shall be refunded on the basis of the invoiced rate and return costs shall be refunded upon presentation of supporting documents.
Refunds, replacements, or repairs of Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days after the Seller has identified the non-compliance or hidden defect. This refund may be made by bank transfer or check.
The Seller shall not be held liable in the following cases:
failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the website are not contractual and do not engage the Seller's liability.
The Seller's warranty is, in any event, limited to the replacement or refund of Products that do not comply or are affected by a defect.
ARTICLE 9 - PERSONAL DATA
The Customer is informed that the collection of their personal data is necessary for the sale of Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the purpose of executing the sales contract.
9.1 Collection of personal data
The personal data collected on the website https://maisontanaya.com/ is as follows:
Ordering Products
When the Customer orders Products
Surnames, first names, postal address, telephone number, and email address
Payment
In connection with the payment for Products offered on the website https://maisontanaya.com/, the website records financial data relating to the Customer/user's bank account or credit card.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of Products.
The category or categories of co-contractors are (are)
• Transport providers
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data, who can be contacted by email at serviceclient@maisontanaya.com
9.4 Limitation of processing
Unless the Customer expressly agrees, their personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will retain the data collected for a period of 5 years, covering the applicable contractual civil liability limitation period.
9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the internet.
9.7 Exercise of rights by Customers and users
In accordance with the regulations applicable to personal data, Customers and users of the https://maisontanaya.com/ website have the following rights:
• They may update or delete data concerning them in the following manner:
By sending a request by email to contact@maisontanaya.com.
They can delete their account by writing to the email address indicated in Article 9.3
“Data Controller.”
They can exercise their right of access to find out what personal data is held about them by writing to the address indicated in Article 9.3 “Data Controller.”
If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data Controller.”
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data Controller.”
They may also request the portability of the data held by the Seller to another service provider.
Finally, they may object to the processing of their data by the Seller.
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or email to the Data Controller, whose contact details are indicated above.
The Data Controller must respond within a maximum period of one month.
If the Customer's request is refused, the reasons for the refusal must be given.
The Customer is informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 Paris) or refer the matter to a judicial authority.
The Customer may be asked to tick a box indicating that they agree to receive informational and promotional emails from the Seller. They may withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the website https://maisontanaya.com/ is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These GTC and the transactions arising therefrom are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 - DISPUTES
For any complaints, please contact customer service at the Seller's postal address or email address indicated in ARTICLE 1 of these T&Cs.
The Customer is informed that, in any event, they may resort to conventional mediation with existing sectoral mediation bodies or any alternative dispute resolution method (e.g., conciliation) in the event of a dispute.
In this case, the designated mediator is —---
Email: —---
The Customer is also informed that they may also resort to the Online Dispute Resolution platform
(RLL) https://webgate.ec.europa.eu/odr/main/index.cfm? event-main_home.show
All disputes relating to purchase and sale transactions concluded under these GTC and which have not been settled amicably between the seller or through mediation shall be submitted to the competent courts under the conditions of ordinary law.