TERMS AND CONDITIONS OF SALE
1 - Identity of the Vendor
2 - Scope of the General Sales Conditions
3 - Formation of contract and order
4 - Payment
5 - Delivery and receipt of order
6 - Retention of title
7 - Right of withdrawal
8 - Warranties
9 - Intellectual property rights
10 - Personal data
11 - Applicable law and disputes
Appendix: sample withdrawal form
1 - Identity of the Seller
The Vendor is THE HOUSE OF ABA, a simplified joint stock company with capital of €1,000, registered in the Nanterre Trade and Companies Register under no. 903 359 099, owner of the TAYSHABA brand, with its registered office at 107 Boulevard Bineau 92200 NEUILLY SUR SEINE, France.
Intracommunity VAT number: FR32903359099
Telephone number: +33 (0)1 74 54 92 01
If you have any questions about our products or your orders, you can contact our Customer Service department by clicking on the "Contact us" link, or by telephone on +33 (0)1 74 54 92 01, Monday to Friday, 9am to 6pm and Saturday 8am to 12pm (excluding public holidays).
2 - Scope of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply to the purchase of products online on the https://www.tayshaba.com/ website by end consumers, to the exclusion of any resellers or intermediaries acting on behalf of resellers.
The Seller may at any time update its General Terms and Conditions of Sale, which are available on its website.
When purchasing on the website, the Buyer must confirm acceptance of these General Terms and Conditions of Sale in force on the date the order is placed. They are accessible at all times on the site and can be viewed at the time of the acceptance request by checking the box "I accept the General Sales Conditions and consent to the processing of my data in accordance with the Privacy Policy". The Privacy Policy can be accessed at any time on the site by clicking on the "Privacy Policy" link.
3 - Contract formation and ordering
Product offers are subject to availability. At the time of validation of the order, there may be a difference between the stock available electronically and the existing physical stock (for example, in the case of simultaneous orders of the same product by several purchasers). The sale is therefore subject to the availability of Products in stock.
In the event of unavailability of a Product after the order has been placed, the Vendor will inform the Buyer by e-mail or telephone as soon as possible, offering either to order another Product presented on the Site as a replacement, or to cancel the order. The Vendor accepts no liability in the event of stock shortage or unavailability of Products.
A customer account is required to place an order on the Site and to track orders, consult order history and return Products.
The Purchaser must validate the delivery method after completing the delivery information required for the order to be shipped correctly: country of shipment, title, first name, surname, telephone number and delivery address.
A summary of the order will be sent to the Buyer by e-mail, with the total amount of the order, information on the cost and delivery time, the essential characteristics, quantity and price of the Products purchased. The Buyer will then receive an e-mail confirming dispatch of the order, with the electronic invoice attached.
4 - Prices, delivery and payment.
a) Prices
Product prices are quoted in Euros, inclusive of all taxes.
Products are invoiced on the basis of the prices displayed on the Website at the time the order is placed, subject to availability.
Prices may be modified at any time. Applicable prices, including the cost of shipping, shall be the ones published on the Site at the date of placing an order by the customer.
All orders must be paid for at the time the order is placed.
b) Payment methods
The following methods of payment are accepted:
- Credit card or bank card
- ApplePay
c) Delivery costs and methods
Prices are always exclusive of delivery charges.
The Buyer is informed of the amount of delivery charges when the order is placed, as well as the expected delivery time.
Any defect or delay in delivery must be reported to our Customer Service Department as soon as possible.
In the event of non-compliance with the delivery deadline, the Buyer may give formal notice to the Vendor to proceed with delivery within a reasonable additional period. If delivery is not made within this additional period, the Buyer may cancel the order in writing. However, in the event of non-compliance with the delivery deadline, the Buyer may immediately cancel the order without further delay, in accordance with article L216-6 of the French Consumer Code, if the Buyer has indicated to the Vendor that compliance with the delivery deadline is an essential condition of the purchase.
The Vendor will then be obliged to reimburse the Buyer for all sums paid, at the latest within fourteen (14) days of the date of cancellation of the sales contract. If the Buyer nevertheless receives the Product after having exercised this option, he/she must return it in accordance with the return procedures set out below.
The Buyer must check the conformity of the Products at the time of delivery and indicate, if possible, on the delivery note, in the form of handwritten reservations accompanied by his/her signature, any anomalies noted (open package, damaged product, etc.). The Buyer must then contact Customer Services to inform them of the situation.
5 - Reservation of ownership
Products ordered remain the property of the Vendor until full payment has been received.
The Buyer assumes the risks (notably of loss, theft, or deterioration) associated with the Products delivered from the time of their delivery to the address indicated at the time of the order.
6 - Right of withdrawal
a) 14-day cooling-off period
The final consumer Buyer has a right of withdrawal of fourteen (14) days, which he may exercise under the conditions set out in articles L221-18 et seq. of the French Consumer Code, if he fulfils the conditions set out in these provisions, without having to justify his decision and without having to pay any penalties.
The Vendor offers the Buyer the possibility of completing and sending the declaration of withdrawal online by logging on to the customer account or by sending an e-mail to eshop@tayshaba.com.
The Buyer will then receive confirmation of his/her withdrawal by email.
The Buyer may also send his or her retraction request using the model retraction form available in the appendix to these General Terms and Conditions of Sale.
b) Limits to the right of withdrawal
In accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for orders for perfumery products that have been opened, unsealed, or used (including when the outer transparent film has been removed), for reasons of hygiene.
c) Returns and refunds
Perfumery Products must not be opened and must be returned in their complete original packaging, with their transparent film, in the original packaging, and accompanied by the purchase invoice or a copy in the case of a partial return.
In the event of the return of a defective or damaged Product, the Buyer must ensure that the bottle is still airtight. If this is not the case, please contact Customer Service.
When exercising the right of withdrawal or in the event of non-conformity of the Product, the Purchaser may return the Product(s) purchased to the following address:
THE HOUSE OF ABA / TAYSHABA
Returns department
107 Boulevard Bineau
92200 NEUILLY SUR SEINE
Return shipping costs are the sole responsibility of the Buyer. It is recommended to subscribe to a parcel tracking option in order to avoid any inconvenience, particularly in the event of loss or theft of Products during return transport, and to be able to justify their shipment.
The Buyer has a maximum of fourteen (14) days from the date of the retraction request to return the parcel to the address provided.
The sums paid by the Buyer, including delivery charges, will be reimbursed in full within a maximum of 14 days from receipt of the Product(s). In the event of return of Products outside the aforementioned period, the Purchaser will not be reimbursed and will be informed that the Product(s) remain at his disposal at The House of ABA, 107 Boulevard Bineau, 92200, Neuilly sur seine, France, for a period of 30 days. At the request of the Purchaser, the Products may also be returned at the Purchaser's expense.
In the event of partial return of Products, shipping costs will not be reimbursed by the Vendor, the Buyer having benefited from the delivery service for the items retained.
7 - Legal warranties
Products sold by the Vendor are subject to the legal warranty conditions set out in articles L217-4 to L217-14 of the French Consumer Code (legal warranty of conformity), as well as articles 1641 to 1648 of the French Civil Code (warranty against hidden defects), to the exclusion of all other warranties.
8 - Intellectual property rights
The TAYSHABA brand, as well as all figurative and nonfigurative brands, illustrations, images and logos, and all content appearing on the TAYSHABA website, are the exclusive property of THE HOUSE OF ABA or the holder of the intellectual property rights concerned.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos or any other content of the Website for any reason and on any medium whatsoever, without the express, written, and prior consent of THE HOUSE OF ABA or the holder of the intellectual property rights concerned is strictly prohibited. The same applies to all copyrights, drawings and models appearing and/or used on the Website.
9 - Processing of personal data
The Vendor collects the Buyer's personal data in order to deliver the order and ensure its follow-up. The purposes, retention periods and conditions under which the Vendor collects and processes personal data are set out in the Website Privacy Policy.
10 - Applicable law and disputes
In the event of any dispute relating to the application and/or interpretation of these General Terms and Conditions of Sale, the Buyer may contact Customer Service.
a) Mediation
In the event of a dispute relating to the execution of an order, the Buyer who is a natural person and a final consumer may have recourse, free of charge, to the Consumer Mediator.
b) Applicable law and jurisdiction
These General Terms and Conditions of Sale are governed by and construed in accordance with French law.
In the absence of an amicable solution or recourse to mediation, any dispute shall be submitted to the competent court.
Appendix: Model withdrawal form
If you wish to exercise your right of withdrawal, in compliance with the conditions set out in Article 7, you may use the form below:
|
To the attention of: THE HOUSE OF ABA Returns services 107 Boulevard Bineau 92200 NEUILLY-SUR-SEINE France I hereby notify you of my withdrawal from the contract for the sale of the following item(s): - Nom(s) et référence(s) de(s) l’article(s) : - Ordered on: - N° of order: Name of customer placing order: Address of customer placing order: Email address (to facilitate processing of your return) Date: Customer's signature if notifying this form on paper: |
For further information, please contact Customer Services on +331 74 54 92 01 from Monday to Friday, 9am to 6pm and Saturday, 9am to 12pm.