TAMMY & BENJAMIN SAS (the “Seller”) is registered with the Paris Trade and Companies Register under number 514 813 880 RCS Paris. Its mailing address is: TAMMY & BENJAMIN Service Client, 33 Rue de Poitou - 75003 Paris, France. Its email address is: cs@tammyandbenjamin.com.
Any order placed for a product listed on the TAMMYANDBENJAMIN.com online store (the “Seller’s Website”) requires prior consultation and acceptance of these General Terms and Conditions of Sale. By confirming an order, the customer fully accepts these Terms and Conditions. This confirmation has the value of a digital signature.
Subject
These Terms and Conditions of Sale are intended to define the rights and obligations of the parties in connection with the online sale of products offered by the Seller to consumers.
Order confirmation
Contractual information will be confirmed by email to the address provided by the customer when placing the order.
Proof of transaction
The records stored in the Seller’s computer systems under reasonable security conditions shall be considered proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on reliable and durable media and may be produced as evidence.
Product information
Every effort has been made to ensure the accuracy of the information presented on the Seller’s Website. However, the Seller and its suppliers shall not be held liable for any consequences, incidental damages or special damages arising from electronic transmission or from the accuracy of the information transmitted, even if the Seller was aware of the possibility of such damages. Product names, brands and manufacturers are used for identification purposes only. Photographs, descriptions and prices are not contractual.
Validity period of offers and prices
Our prices are valid on the day they are displayed on the Seller’s Website.
Delivery method
Products are delivered to the address provided by the customer when placing the order and only within the geographic areas served by the Seller.
All products leave our premises in perfect condition. The customer must notify the carrier of any visible sign of damage to the parcel, such as holes, crushing marks or any other damage, and refuse the parcel where appropriate. A new identical product will then be sent at no additional cost, subject to availability.
Any exchange for a product declared damaged during transport after delivery, without any reservation having been made upon receipt of the parcel, cannot be accepted. As with any shipment, delivery may be delayed or the parcel may be lost. In such cases, the Seller will contact the carrier to open an investigation. Every effort will be made, for as long as necessary, to locate the parcel. Where appropriate, the Seller will be reimbursed by the carrier and will send a new identical parcel at its own expense, subject to availability.
The Seller declines any responsibility for longer delivery times caused by the carrier, including product loss, bad weather or strikes.
Delivery issues caused by the carrier
Any anomaly concerning the delivery, such as damage, missing products compared with the delivery note, damaged packaging or broken products, must be indicated on the delivery note in the form of handwritten reservations, accompanied by the customer’s signature.
The customer must confirm the issue by sending the carrier a registered letter with acknowledgement of receipt within two (2) business days following the delivery date, stating the relevant claims. The customer must also send a copy of this letter to the Seller’s address. Without this, no exchange can be processed.
Delivery errors
The customer must notify the Seller, on the day of delivery or no later than the first business day following delivery, of any claim relating to a delivery error and/or non-conformity of the products in nature or quality compared with the details stated on the order form. After this period, any claim may be rejected.
Claims must be sent to the Seller’s address or by email to cs@tammyandbenjamin.com. Any claim not made in accordance with the rules defined above and within the specified time limits may not be taken into account and will release the Seller from any liability towards the customer.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the Seller in full and in its original packaging, in perfect condition, to the Seller’s address. To be accepted, any return must first be reported to and approved by the Seller. If the return is approved, the Seller will provide the necessary return instructions. Shipping costs shall be borne by the Seller, except where it is confirmed that the returned product does not correspond to the original declaration made by the customer.
Product warranty
The provisions of these Terms and Conditions do not deprive the customer of the legal guarantees applicable under French law, including the legal guarantee of conformity and the legal guarantee against hidden defects.
In addition to these legal guarantees, the Seller offers a one (1) year commercial warranty covering manufacturing defects. This commercial warranty excludes normal wear and tear, accidental damage, misuse, lack of care, stains, scratches, marks, and any product that has been modified or repaired by the customer or by any entity other than the service providers selected by the Seller.
Right of withdrawal
The right of withdrawal applies only to natural persons acting as consumers. In accordance with Articles L221-18 and following of the French Consumer Code, the customer has a legal period of fourteen (14) days from receipt of the order to exercise their right of withdrawal, without having to provide any reason. The Seller extends this right to thirty (30) days as a commercial gesture.
To exercise the right of withdrawal, the customer must notify the Seller of their decision before the end of the withdrawal period by sending a clear and unambiguous written statement to cs@tammyandbenjamin.com or to the following address: TAMMY & BENJAMIN Service Client, 33 Rue de Poitou - 75003 Paris, France.
Products must be returned complete, unused, undamaged, and in their original packaging, with all accessories, labels, dust bag and protective elements where applicable. Products returned incomplete, damaged, worn, stained, altered, or in a condition that does not allow resale may be refused or subject to a deduction from the refund.
Direct return costs are free for returns from mainland France and Corsica when a prepaid return label is requested from the Seller. For all other countries, direct return costs are borne by the customer, except in the event of a defective product or an error attributable to the Seller.
If the right of withdrawal is exercised, the Seller will reimburse the customer for the amounts paid, including standard delivery costs where applicable, without undue delay and no later than fourteen (14) days from the date on which the Seller is informed of the customer’s decision to withdraw. The Seller may defer the refund until the products have been received or until the customer has provided proof of shipment, whichever occurs first.
The refund will be made using the same payment method as the one used for the initial transaction, unless expressly agreed otherwise with the customer.
Usage rights
The Seller’s Website as a whole, as well as all material appearing on the Seller’s Website, is protected by copyright and other intellectual property rights. Any reproduction, representation, modification, publication, transmission or adaptation of all or part of the Seller’s Website or its content, by any means and in any form whatsoever, is prohibited without the Seller’s prior written consent.
Force majeure
Neither party shall be deemed to have failed in its contractual obligations if the performance of such obligations is delayed, hindered or prevented by an event of force majeure.
Force majeure shall be understood as any irresistible circumstance or event, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by them despite all reasonable efforts.
The party affected by such circumstances shall notify the other party within ten (10) business days following the date on which it becomes aware of the event. The parties shall then, within three (3) months, unless prevented by force majeure, examine the impact of the event and agree on the conditions under which the contract may continue. If the force majeure event lasts for more than one (1) month, these Terms and Conditions may be terminated by the affected party.
In addition to the events usually recognized by French courts and tribunals, the following are expressly considered force majeure or fortuitous events: blockage of means of transport, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
No partial invalidity
If any provision of these Terms and Conditions is held to be invalid or declared as such under any law, regulation or final decision of a competent court, the remaining provisions shall remain in full force and effect.
No waiver
The fact that either party does not invoke a breach by the other party of any obligation set out in these Terms and Conditions shall not be interpreted in the future as a waiver of the obligation in question.
Applicable law
These Terms and Conditions are governed by French law, both in substance and in form. In the event of a dispute or claim, the customer shall first contact the Seller in order to seek an amicable solution.
Privacy
The personal data provided by the customer is necessary to process orders and manage the customer relationship. In accordance with applicable personal data protection regulations, the customer has the right to access, rectify, modify and delete the personal data provided to the Seller, as well as the right to object to or request the restriction of processing under the conditions provided by applicable law.
These rights may be exercised by contacting the Seller at cs@tammyandbenjamin.com.
Disputes
All orders placed through the Seller’s Website imply the customer’s full and unrestricted acceptance of the Seller’s Terms and Conditions of Sale.
In the event of a sale to a legal entity, any dispute relating to the sale, including price, terms of sale or products, shall be governed by French law and shall fall under the jurisdiction of the Commercial Court of the Seller’s registered office.