General terms and conditions of sale

 

These general terms and conditions of sale govern the contractual relationship between Tania Gouaud-Thai Entrepreneur Individuel (EI, meaning “self-employed person”), whose registered office is located at 93 boulevard Gassendi - 04000 Digne-les-Bains - FRANCE, registered under the SIRET number 98438203600015, and any person making a purchase from the website https://taniathaicreations.com/.

The website https://taniathaicreations.com/ is a service of:

Professional insurance of the company: Professional civil liability underwritten by Simplis, 14, rue de Richelieu - 75001 Paris. Geographic coverage: mainland France, Andorra and Monaco.

 

Article 1 – Purpose

Tania Thai créations offers handmade ceramic decorative items for sale. The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of the online sale of products offered by Tania Thai créations.

The customer declares that they have read and accepted the general conditions of sale prior to placing their order. Validation of the order therefore implies acceptance of the general conditions of sale.

These general terms and conditions of sale are accessible on the website https://taniathaicreations.com/ and will prevail, where applicable, over any other version or any other contradictory document. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

Article 2 – Products

Tania Thai créations offers handmade and unique ceramic decorative items for sale, unless otherwise stated. The products are intended for decorative use only and are not toys for children.

Article 3 – Product information

The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last. The products are described and presented as accurately as possible. However, the seller may not be held liable for any errors or omissions in these presentations. The photographs of the products are not contractual.

Article 4 – Prices

Product prices are indicated in euros, inclusive of all taxes. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Delivery costs vary according to the weight of the items.

Tania Thai créations reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time the order is validated, subject to availability on that date.

Article 5 – Ordering

The buyer may place an order online, from the online catalogue and using the form provided therein, for any product, subject to availability. The buyer will be informed of any unavailability of the product or good ordered. The seller will provide the buyer with an order confirmation by email.

For the order to be validated, the buyer must accept these general conditions by clicking where indicated. They must also choose the delivery address and method, and finally confirm the method of payment.

The sale will be considered final:

  • after the seller has sent the buyer confirmation of acceptance of the order by email;
  • and once the seller has received payment in full.

All orders imply acceptance of the prices and descriptions of the products available for sale.

In certain cases, notably non-payment, incorrect address or any other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.

For any questions relating to the tracking of an order, the buyer may send an email to the seller at the following email address: taniathai.creations@gmail.com

Article 6 – Method of payment

To pay for an order, the buyer has the choice of all the methods of payment made available by the seller and listed on the seller's website. Purchases may be paid for by credit card (Visa, MasterCard, American Express), Stripe or PayPal. Payment is due immediately on the order date.

The buyer guarantees the seller that they have the necessary authorisations to use the method of payment chosen by them when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.

In the event of fraudulent use of a bank card, the buyer is invited, as soon as this is discovered, to contact the seller at the following address: taniathai.creations@gmail.com

Article 7 – Proof of transaction

Computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

Article 8 – Delivery times

Delivery times vary according to the buyer’s place of residence and the conditions under which orders are processed. Except in cases of force majeure, delivery times will be those indicated on the site, subject to availability.

In general, orders are processed and dispatched within 1 to 3 working days of receipt of payment. For deliveries in mainland France, standard delivery times vary between 5 and 10 working days, from the day following that on which the buyer placed their order.

Article 9 – Delivery errors

The buyer must notify the seller of any claim of error in delivery and/or non-conformity of the products within the specified time limits. The complaint may be made by email to the following address: taniathai.creations@gmail.com

Article 10 – Right of withdrawal

Customers may exercise their right of withdrawal and return within 14 working days of receiving their order.

Customers may exercise their right of withdrawal by making an unambiguous statement and contacting customer services by email at taniathai.creations@gmail.com, or by any other available means of communication.

To exercise this right, the customer may use the withdrawal model provided below or write a statement on plain paper.

The return or exchange of the product will only be accepted for products that are whole, intact and in their original packaging. If the items returned to Tania Thai créations are damaged, they will not be reimbursed.

Certain products, due to their intrinsic quality, are not subject to the right of withdrawal and cannot be reimbursed, in particular but not exclusively, the products covered by article L.121-21-8 of the French Consumer Code: "supply of goods made to the consumer's specifications or clearly personalised".

The cost of returning the goods shall be borne by the buyer.

If the right of withdrawal is used, Tania Thai créations undertakes to reimburse the total amount of the order as soon as possible and at the latest within 14 days of receipt of the returned items.

Model letter for customer withdrawal:

(Registered letter with acknowledgement of receipt or email)

Order reference number

Dear Sir or Madam

On (date), I placed an order with you by ... (telephone, post, Internet) and I took delivery on ... (date).

In accordance with article L. 221-18 of the French Consumer Code, I hereby inform you that I wish to exercise my right of withdrawal concerning this order and I will return it to you within the next fourteen days.

I would be grateful if you could refund the sum of (...) euros that I paid to you by ... (credit card, etc.).

Thank you very much. Yours faithfully

(Signature if registered letter)

Article 11 – Legal guarantees

All products supplied by the seller benefit from the legal guarantee of conformity provided by articles L. 217-4 et seq. of the French Consumer Code and the legal guarantee provided by articles 1641 et seq. of the French Civil Code.

The goods are guaranteed by Tania Gouaud-Thai EI. For any request concerning the legal guarantees, the buyer may write to the following email address: contact@taniathaicreations.com

(I) Legal guarantee of conformity

Article L217-4: "The seller shall deliver goods in conformity with the contract and shall be liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility".

The goods are deemed to conform to the contract under article L217-5 of the French Consumer Code:

  • "1° If it is fit for the use normally expected of similar goods and, where applicable:
  • if it corresponds to the description given by the seller and has 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 may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
  • 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter."

The buyer:

  • has a period of two years from delivery of the goods in which to take action under article L217-12 of the French Consumer Code,
  • may choose between repairing or replacing the goods, subject to the cost conditions set out in article L211-9 of the Consumer Code,
  • is exempted from proving the existence of a lack of conformity of the goods during the twenty-four months following delivery of the goods, except for second-hand goods.

(ii) Warranty against hidden defects

The French Civil Code provides the following in terms of the warranty against latent defects:

Under Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold that render it unfit for the use for which it was intended, or that reduce that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them".

Article 1648 of the French Civil Code states that: "The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.

As part of the legal guarantee against hidden defects, the seller undertakes, at the buyer's discretion, after assessing the defect, to either:

  • either refund the full price of the returned product,
  • or to refund part of the price of the product if the buyer decides to keep the product.

(iii) Exclusion of warranties

The warranty does not cover products that have been modified, repaired, integrated or added by the buyer. The guarantee will not apply to apparent defects. The guarantee will not cover products damaged during transport or as a result of misuse.

Article 12 – Mediation and disputes

Tania Thai créations undertakes to respond quickly and efficiently to any claim or dispute concerning an order. Tania Thai créations undertakes to seek an amicable solution. Customer disputes and complaints are handled by email to taniathai.creations@gmail.com. In the event of an unresolved dispute, the consumer may have recourse to consumer mediation.

In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, the company has set up a consumer mediation system. The mediation body chosen is: CNPM - MEDIATION - CONSOMMATION. In the event of a dispute, you may submit your claim on its website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 Avenue de la Libération 42400 SAINT-CHAMOND - FRANCE.

Article 13 –  Retention of title clause

The goods sold remain the property of the seller until full payment has been received. However, the risks relating to the goods shall be transferred to the buyer or the carrier as soon as the products are physically handed over.

Article 14 – Protection of personal data

Data is collected and processed by the sole proprietorship Tania Gouaud-Thai EI, in compliance with the laws and regulations in force.

Customers' personal data, such as postal address and email address, are collected solely as part of the financial transaction between the company and the buyer, as well as for processing orders and communicating with customers. They will never be sold, exchanged or disclosed to third parties.

Customers have the right to access, rectify and delete their personal data by contacting Tania Thai créations at the following email address: contact@taniathaicreations.com

Article 15 – Legal information

These general terms and conditions of sale are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.

By placing an order on the website https://taniathaicreations.com/, the buyer acknowledges having read and accepted these terms and conditions of sale.

 

Digne-les-Bains, 08/03/2024

Tania Gouaud-Thai EI