Terms of Service
TAMMY & BENJAMIN SAS (SELLER) is entered in the Commercial Register under number 514 813 880 RCS Paris. His mailing address is: TAMMY & BENJAMIN Service Client, 13 Rue Biscornet – 75012 – PARIS. Its email address is: email@example.com. Any order under a product appearing in the online store site TAMMYANDBENJAMIN.com (SELLER SITE) requires consultation and prior acceptance of these terms and conditions of sale. The click of the confirmation of the order implies full acceptance of these terms. The click has the value of “digital signature”.
These Conditions of Sale are intended to define the rights and obligations of the parties in connection with the online sale of goods offered by the SELLER to the consumer.
The contractual information will be confirmed via email to the address specified by the consumer in the purchase order.
PROOF OF THE TRANSACTION
The records, kept in computer systems company SELLER under reasonable conditions of safety are considered proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable backup media and can be produced as evidence.
All efforts have been made to ensure the accuracy of information presented on the SELLER SITE. The SELLER or its suppliers are however not responsible for the consequences, incidental, and special damages arising from electronic transmission or the accuracy of information transmitted even in cases where the SELLER was aware of the possibility of such damages. The names and product brands and manufacturers are used only for identification purposes. The pictures, descriptions and prices are not contractual.
DURATION OF VALIDITY OF THE OFFER AND THE PRICE THEREOF
Our prices are valid for the day.
The products are delivered to the address specified by the customer on the order and only on geographic areas we serve. All products leave our premises in perfect condition. The customer must notify the carrier (or postman) the slightest trace of impact (Holes, traces crushing etc…) on the parcel, and when appropriate, refuse the package. An identical new product will then be returned without charge. The exchange of any product declared, a posteriori, damaged during transport, without any reservation has been issued on receipt of the package cannot be supported. Like any expedition, it can be delayed or it is possible that the product gets lost. In such cases, we contract the carrier to start an investigation. Every effort is made, as long as necessary, to find this package. Where appropriate the merchant will be reimbursed by the carrier and deliver a new package identical to its costs. We disclaim any responsibility for the longer delivery times because of carrier, including any loss products, bad weather or strikes.
PROBLEM OF DELIVERY BECAUSE THE CARRIER
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken product …) must be indicated on the delivery form under the form of handwritten reservation, accompanied by the signature of the client. The consumer must confirm this problem by sending the carrier within two (2) business days following the date of delivery registered mail with return receipt stating those claims. The consumer must send a copy of this mail to the address of the SELLER. Without this, we proceed to any exchange.
The consumer must make to the SELLER, the day of delivery or later than the first business day after delivery, any claim of error of delivery and / or non-conformity of goods in kind or in quality compared to entries on the order form. Beyond this period, all claims will be rejected. The formulation of this claim to the SELLER may be made to the address of the SELLER. Any claim not made in the rules defined above and within the time limits could not be taken into account and will release the SELLER of any responsibility towards the consumer. In case of error of delivery or exchange any product for exchange or refund will be returned to the SELLER as a whole and in its original packaging in perfect condition to the address of the SELLER. To be accepted, any return will be reported and have the consent of the SELLER, which if agreed will ship the package to the right place. The shipping costs shall be borne by the SELLER, except where it is confirmed that the product does not match the original declaration made by the consumer in the good sense of return.
The provisions hereof cannot deprive the consumer of the legal guarantee which obliges the SELLER to guarantee against all consequences of latent defects of the thing sold. The warranty period is one year (1 year). Excluded from this warranty, all products, modified or repaired by the customer or any other entity than the providers selected by the SELLER.
RIGHT OF WITHDRAWAL
The right of withdrawal applies only to physical persons. In accordance with Articles L.120-20, the consumer has a period of seven (7) calendar days to return, at its expense, the products that do not suit him. This period starts from the date of receipt of the consumer’s order. All returns will be reported in advance at the customer service of the SELLER. The product should be returned to the address of the SELLER. Only the products returned as a whole and in a perfect resale state will be taken back. Product that has been damaged or whose original package has been damaged, will not be refunded, returned or exchanged. This right of withdrawal is exercised without penalty, except for shipping and return policies. In the case of the right of withdrawal, the consumer has the option of requesting either a refund of amounts paid or exchange the product. In the case of an exchange, the return will be at the expense of the consumer. In case of exercising the right of withdrawal, the SELLER will make every effort to reimburse the consumer within thirty days.
his SELLER SITE as a whole, and all material on this SELLER SITE, is protected by copyright and other intellectual property rights. See separate copyright and trademark notice for further information.
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event of force majeure. Be considered a force majeure any fact or circumstance irresistible, external parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by them, despite all efforts reasonably possible. The party affected by such circumstances shall notify the other party within ten business days following the date on which it is aware. Both parties will then, within three months, unless prevented due to force majeure, examine the impact of the event and agree the conditions under which the contract will be continued. If the force majeure lasts over a period of one month, these terms may be terminated by the aggrieved party. Explicitly, are considered as force majeure or fortuitous events, in addition to those usually retained by the decisions of French courts and tribunals: blocking means of transport, earthquakes, fires, storms, floods, lightning, stop of telecommunication networks or difficulties specific to telecommunication networks external to customers.
NO PARTIAL VALIDATION
If any provision of these Terms are held to be invalidated or declared such under any law, regulation or following a final decision of a competent court, other provisions shall remains in full force and scope.
The fact that one party did not claim a breach by the other party to any obligations contained in the framework of these general conditions of sale cannot be interpreted in the future as a claim the obligation in question.
These general conditions are subject to French law. This is for the fund rules as to the rules of form. In case of dispute or claim, the consumer will apply primarily to the SELLER for an amicable solution.
All the data you entrust to us are able to process your orders. Under Law No. 78-17 of January 6, 1978 relating to data, files and freedoms you have with the SELLER a right of rectification, consultation, modification and deletion of data you have provided.
All orders placed through the SELLER SITE imply that the customer, without any restriction, accepts the conditions of sale of the SELLER. In case of sale to a corporation, any disputes concerning the sale (price, conditions of sale, products …) will be subject to French law at the Tribunal of Commerce of the headquarters of the SELLER.