General Conditions of Sale and legal notices
Last Updated Date: March 12, 2021
Article 1 – LEGAL NOTICES
This site, accessible at the URL www.tysheezen.com (the “Site”), is published by:
Ty Shee Zen company with capital of 10,000 euros, registered with the Paris RCS under number 842 468 050, whose head office is located at 22 Bis rue de Paradis 75010 PARIS.
(Hereinafter referred to as the “Operator”).
The Operator's individual VAT number is: FR01842468050
The Site is hosted by the company Shopify Inc.
The Operator can be reached at the following email address: email@example.com or by post: 22 Bis rue de Paradis 75010 Paris.
The General Terms and Conditions are drawn up as well as all the contractual information mentioned on the site in French.
THE USER OF THE SITE DECLARE HAVING ACKNOWLEDGMENT OF THE ABOVE LEGAL INFORMATION.
BY ACCESSING THE SITE, THE USER EXPRESSLY AND IRREVOCABLY ACCEPT THE TERMS BELOW.
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
These general conditions of sale (“CGV”) are applicable exclusively to the online sale of products from the company Ty Shee Zen on the site www.tysheezen.com (hereinafter the “Site”).
The General Terms and Conditions are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means. Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order.
2.1 FIELDS OF APPLICATION
The General Terms and Conditions exclusively govern online sales contracts for Ty Shee Zen products (hereinafter the "operator") concluded with buyers having the status of Customers and constitute with the online order the contractual documents enforceable against the parties, the exclusion of all other documents, prospectuses, catalogs or photographs of the products which have only indicative value.
2.2 AVAILABILITY AND ENFORCEMENT
The General Terms and Conditions are made available to customers on the Operator's website where they can be directly consulted.
The Customer undertakes to read the General Conditions of Sale then in force before confirming the terms and possible delivery and withdrawal costs prior to payment of his order. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.
2.3 MODIFICATIONS TO THE T&Cs
The Operator reserves the right to modify its General Terms and Conditions at any time.
In the event of modification of the General Conditions of Sale, the applicable General Conditions of Sale are those in force on the date of the order, a copy of which dated to date can be provided to the Customer upon request.
2.4 CLAUSES OF THE CGV
The nullity of a contractual clause does not result in the nullity of the General Terms and Conditions.
The temporary or permanent non-application of one or more clauses of the General Conditions of Sale by the Operator cannot constitute a waiver on its part of the other clauses of the General Conditions of Sale which continue to have their effects.
Article 3 – OFFER AND DESCRIPTION OF PRODUCTS
The Site is an online sales site for design objects for the home (hereinafter the “product(s)”) open to any natural or legal person using the Site.
The products presented on the Site are each subject to a description mentioning their essential characteristics. The photographs illustrating the products do not constitute a contractual document. The products comply with the requirements of current French law.
The products are offered for sale and delivered while stocks last.
If, despite the Operator's best efforts, a product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email as soon as possible. The Operator may offer a longer deadline or another color.
In the event of disagreement by the buyer, the Operator will reimburse the sums paid within 7 days.
The online sales offers presented on the site are valid, in the absence of indication of a particular duration, as long as the products appear on the Site and within the limits of available stocks.
Acceptance of the offer by the consumer is validated by confirmation of the order.
Article 4 – ORDERS
The Operator strives to guarantee optimal availability of its Products.
When placing an order, the Customer must select the chosen products, add them to their basket, indicating the selected products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to previous pages to possibly correct the contents of his basket, before validating it.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice can be made available to the Customer upon request.
Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer will have provided when placing their order.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:
- The Customer does not respect the General Conditions in force at the time of his order;
• The Customer's order history shows that sums remain due for previous orders;
• One of the Customer's previous orders is the subject of a dispute currently being processed;
• The Customer did not respond to a request for confirmation of his order that the Operator sent to him.
Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator. The customer remains responsible for the terms and consequences of his access to the Site, particularly via the Internet, acknowledging that he has verified his computer configuration is secure and in working order.
The operator also reserves the right to refuse the sale if the quantities of products ordered are abnormally high for buyers who are consumers.
The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the Operator cannot be held liable in any way in the event that an error when placing the order prevents or delays delivery/delivery.
The Customer declares to have full legal capacity allowing him to commit to these General Conditions of Sale.
Registration is open to capable adults and minors provided that they intervene under the supervision of the parent or guardian having parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent them (legal entity for example). Registration is strictly personal to each Client.
In the event of breach by the Customer of any of the provisions herein, the Operator reserves the right to terminate said Customer's account without notice.
Article 5 – PAYMENT TERMS AND SECURITY
The price is due in full after confirmation of the order.
Payment is made immediately upon ordering by credit card, Paypal or Amazon systems.
The site is equipped with an online payment security system allowing the consumer to encrypt the transmission of their banking data.
- Payment by credit card . Payment is made directly on the secure servers of the Operator's payment providers; the Customer's bank details do not pass through the Site. The Customer's order is recorded and validated upon acceptance of payment by the payment provider. The Customer's account will be debited for the corresponding amount only when the details of the bank card used have been verified and the debit has been accepted by the bank that issued the bank card. The inability to debit the sums due will result in the immediate nullity of the sale. The bank card may in particular be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.
- Payment by Paypal or Amazon electronic wallet, The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for their order in complete security without providing their bank details.
Article 6 – PAYMENT OF THE PRICE
6.1 the Sale Price
The sales prices are indicated, for each of the products appearing on the Site, in euros exclusively, all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced additionally.
The sales price of the products does not include shipping costs invoiced in addition to the price: in fact, if delivery or transport costs apply, they will be added to the price of the products and indicated separately before validation of the product. the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.
Any additional tax, duty, tax (etc.) to be paid in application of French or foreign regulations (importing or transit country, etc.) remains the responsibility of the buyer.
In the event of a price promotion, the operator undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.
6.2 Modification of the price
The operator reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
- 3. Fees
Additional transport, delivery or postage costs, of which the Customer was aware before ordering, are set out on the order form.
Article 7 – FORMATION OF THE CONTRACT AND RESOLUTION OF THE ORDER
The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.
The Customer must check and possibly correct the contents of his basket (identification, quantity of products selected, price, delivery terms and costs) before validating it.
The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.
The order can be resolved by the Customer by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:
- delivery of a Product that does not conform to the declared characteristics of the Product;
- delivery exceeding thirty days following the conclusion of the contract, after the Operator has been ordered, according to the same terms and without result, to make delivery within a reasonable additional period;
- price increase which is not justified by a technical modification of the product imposed by the public authorities.
Article 8 – RESERVATION OF OWNERSHIP
The Operator remains the exclusive owner of the products ordered on the Site until payment of the full price, including any shipping costs.
Article 9 – SHIPPING AND DELIVERY
Delivery means the transfer to the Customer of physical possession or control of the product.
The Operator undertakes to deliver the products within a normal period of 10 days and which may reach a maximum of thirty days after receipt of the order.
However, if one or more products cannot be delivered within the time initially announced, the Operator will send an email informing the Customer of the new delivery date.
Shipping costs, if applicable, are those specified when finalizing the order and are accepted upon validation of the order.
Delivery in mainland France and Europe is carried out by Chronopost.
Delivery to the rest of the world, Corsica and the French Overseas Territories is carried out by Colissimo.
If the product does not conform to the order, the Customer must send a complaint to the Operator with a view to obtaining replacement of the product or possibly resolution of the sale.
In the event of unavailability of products upon delivery, the Operator may offer a product equivalent in quality and price.
Total failure to deliver automatically results in the termination of the sales contract.
The products are delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
If the address is incorrect and the product returns to the Operator's logistics platform, the return of the product will be the responsibility of the customer.
The price of forwarding by chat is 13 euros including tax for mainland France and Corsica, 25 euros including tax for Europe by Chronopost, 40 euros for the French overseas territories, 65 euros for Asia and Oceania and 50 euros Tax included for the rest of the world. For this payment an email will be sent to the customer to validate the most appropriate payment method.
In the absence of payment of the return costs, the order will be deemed canceled and a refund of transport costs deducted will be applied at the customer's request.
Article 10 – RIGHT OF WITHDRAWAL and RETURNS
10.1 RIGHT OF WITHDRAWAL
The Customer has a legal period of 14 clear days to exercise his right of withdrawal from the date of receipt of the goods without having to provide reasons or pay penalties. The Customer will be reimbursed for the sums paid upon receipt and verification of the return of their items and at the latest within 14 days following the date on which they exercised their right of withdrawal.
The Operator may defer reimbursement until receipt of the items in their original packaging, in perfect condition, in our warehouse, the date being that of the first of these events. The Operator will reimburse the Customer using the same reimbursement method as that used for the initial transaction.
To exercise the right of withdrawal, the consumer must notify the Operator of his decision to withdraw by means of an unambiguous declaration by e-mail: firstname.lastname@example.org or by mail addressed to the following address: Ty Shee Zen , 22 Bis rue de Paradis 75010 Paris.
The withdrawal form template below can be used:
To the attention of Ty Shee Zen, 22 Bis rue de Paradis 75010 Paris.
I/We (1) hereby notify you of my/our (1) withdrawal from the contract relating to the sale of the goods (1) / for the provision of services (1) below:
Ordered on (1)/received on (1):
Name of Customer(s):
Address of Customer(s):
Email of Customer(s)
Signature of the Client(s) (only if this form is notified on paper):
In the event of withdrawal by the customer, he must return the products to the logistics platform which manages the shipment of the operator's products:
MPO France, For the attention of Anita BUISSONNAIS, 209 rue de la Foucaudière, 72 100 Le Mans
This return must be made without undue delay and, in any event, no later than fourteen days after the Customer has communicated to the recipient indicated on the withdrawal form its decision to withdraw from the possible contract.
This deadline is deemed to be respected if the customer returns the products of the order before the expiry of the period of fourteen days.
In the event of withdrawal by the customer, he must bear the direct costs of returning the product.
The Customer has the option of returning his products to the Operator, by post and at his own expense, for a refund within 30 days from the date of receipt of his order.
The Customer has the option of returning his products under conditions. Please note that the products must be in their original packaging, unused, otherwise they cannot be returned or refunded.
The returned product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories. In addition to the returned product, the return package must also contain a letter specifying the exact and complete contact details (surname, first name, address) of the Customer as well as the order number, and the original purchase invoice.
The Operator does not provide a standard exchange on their site. For a new color, another model, simply reorder on our e-commerce site.
Article 11 – CUSTOMER SERVICE – COMPLAINTS
The Customer can contact the Operator by email at email@example.com or by post (2 2 Bis rue de Paradis 75010 Paris) indicating their name, telephone number, the subject of their request, their claim under guarantees and the number of the order concerned.
The Customer will be reimbursed for return postage costs no later than thirty days following receipt of the product by the seller.
Article 12 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The elements reproduced on this site (photographs, visuals, texts, drawings, images, etc.) are the exclusive property of Ty Shee Zen and are protected by Intellectual Property law (copyright, trademark law, etc.). ).
The Customer is solely responsible for any unauthorized use and/or exploitation. Any reproduction and distribution of these elements, without prior written authorization, exposes offenders to legal action.
Access to the Site only confers on the user a right of private and non-exclusive use of the Site.
The Operator is free to modify, at any time and without notice, the content of the Site as well as these notices.
The Operator cannot be held responsible for the consequences of these modifications.
ARTICLE 13 – LIABILITY
The Operator cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer's actions, or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure.
Furthermore, the Operator cannot be held liable for non-compliance of the product with the legislation of the country of the consumer who is responsible for verifying whether the product is not prohibited for sale in his country.
The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or even the unforeseeable and insurmountable act of any third party herein.
The Operator cannot, in any way, be held responsible for direct and/or indirect damage resulting from use of or access to the Site.
In particular, the Operator cannot be held liable in the event of damage or a virus which could infect the user's computer or their computer equipment following access to or use of the Site.
The Operator cannot be held responsible for information imported, stored and/or published on the Site by Customers. The Operator cannot be held responsible for any information published by a Client on the Site and for any direct or indirect damage that this use could cause to a third party, the Client at the origin of the publication remaining solely responsible for this. title.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their use may be temporarily interrupted due to maintenance, updates or technical improvements, or to change their content and/or their presentation.
The Operator cannot be held responsible for any use made of the Site and its services by Customers in violation of these General Conditions and for any direct or indirect damage that this use could cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for their behavior towards third parties. In the event that the Operator is held liable for such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it as well as to reimburse the Exploiter of all costs, including attorneys' fees, incurred for his defense.
ARTICLE 14 – LEGAL GUARANTEE OF COMPLIANCE AND GUARANTEE AGAINST HIDDEN DEFECTS
All products supplied by the Operator are subject to the legal guarantee provided for by articles L221-1 et seq. of the Consumer Code and to the guarantee against hidden defects provided for by articles 1641 et seq. of the Civil Code.
The Customer has two (2) years to assert one or other of these guarantees.
For lack of conformity, the time limit runs from delivery.
For hidden defects, the period runs from the discovery of the defect.
If the apparent defect, lack of conformity or even the hidden defect of the item, declared by the Customer, if applicable, is proven, after expertise carried out (Photos to be provided, etc.), the Operator undertakes to reimburse the customer at his expense and at the latest within fourteen (14) days or if the customer wishes to return another product.
The consumer will be reimbursed for return postage costs no later than thirty days following receipt of the product by the seller.
The Operator cannot, however, be held responsible for any misuse of the items that the Customer may make of them.
Please note that the search for amicable solutions prior to possible legal action does not interrupt the time limits for legal guarantees or the duration of any possible contractual guarantee.
ARTICLE 15 – PERSONAL DATA
For more information regarding the use of personal data by the Operator, please carefully read the Privacy Charter (the “ Charter ”). You can consult this Charter at any time on the Site.
The purpose of the computerized processing of personal data collected by the Site is to manage orders.
In accordance with the Data Protection Act, you have the right to access, rectify and oppose the processing of personal information concerning you by writing to the address below (with a copy of proof of identity). ).
Or by mail to the following address: 2 2 Bis rue de Paradis 75010 PARIS
The Operator undertakes to implement responsible management and processing of personal data, and to ensure compliance with the utmost confidentiality of all personal information collected in the context of exchanges with its Customers.
The data transmitted through the Site is protected in accordance with the provisions of the “Informatique et Libertés” law n°78-17 of January 6, 1978 as amended.
Article 16 – HYPERTEXT LINKS
The Site may offer account creation or content sharing features with certain third-party sites, such as Facebook, Instagram or Twitter. The Operator draws Customers' attention to the fact that these third-party sites are governed by their own confidentiality policies. It is therefore necessary for the Customer to read the confidentiality policies of these third-party sites and the use of personal data concerning him through these sites.
A cookie is a text file containing data elements that is stored when you visit a website. It is designed to help websites remember Customer preferences. There are different types of cookies. Without them, the websites could not function in the way to which the Customer is accustomed. The Customer nevertheless retains the option of opposing the recording of cookies by following the instructions provided by their browser.
If the Customer uses these links, he will leave the Site and will then agree to use third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites. Consequently, the Operator cannot be held responsible in any way whatsoever due to these hypertext links.
Furthermore, the Customer acknowledges that the Operator cannot endorse, guarantee or take over all or part of the conditions of use and/or the content of these third-party sites. The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to notify it of any hypertext link present on the Site which would allow access to a third-party site offering content contrary to the laws and/or good morals.
The Client may not use and/or insert a hyperlink pointing to the site without the prior written consent of the Operator on a case-by-case basis.
ARTICLE 17 - OTHER GENERAL PROVISIONS AND LEGAL NOTICES
- 1 ADDITIONAL INFORMATION ON THE SITE
Use of the site: The Site is accessible to any user with internet access.
The user is responsible for his computer equipment, his access to the Internet and acknowledges having the skills and appropriate means to use the Site.
All costs relating to access to the Site remain the responsibility of the user.
Unavailability of the site: The Operator reserves the right to interrupt or suspend, at any time and without notice, all or part of the Site.
The Operator cannot, in any way, be held responsible in the event of unavailability of the site for any reason whatsoever.
Information appearing on the site: The information and elements appearing on the Site are available for information purposes only.
The Operator does its best to verify the reality of this information and keep the Site up to date.
Modifications of conditions: The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease to operate all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site.
The Customer acknowledges that the Operator cannot be held responsible in any way towards him or any third party as a result of these modifications, suspensions or cessations.
The Operator advises the Customer to save and/or print these General Conditions for safe and lasting storage, and thus be able to invoke them at any time during the execution of the contract if necessary.
17.2 APPLICABLE LAW
These General Conditions are governed, interpreted and applied in accordance with French law.
17.3 COMPETENT COURT
In the absence of an amicable agreement, you may refer any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract to the competent French courts.