GTC
GENERAL TERMS AND CONDITIONS OF SALE
Between the company Tistéane, 57 rue Pierre Corneille, 69006 LYON, with a share capital of 30,000 Euros, registered with the LYON Trade and Companies Register under number 822 039 699 R.C.S. LYON, represented by Stéphane Corneloup, in his capacity as President, duly authorized for the purposes hereof. The company can be reached by email via the contact form accessible on the homepage of the website. Hereinafter referred to as the "Seller" or the "Company". On the one hand, And the natural or legal person purchasing the products or services of the company, Hereinafter referred to as the "Buyer" or the "Client". It has been exposed and agreed as follows: PREAMBLE Tistéane's main activity is the design, manufacture, and sale of accessories for interior and exterior decoration. The sale is partly carried out through its website (www.tisteane.com). The list and description of the goods offered by the Company can be viewed on the aforementioned site.
Article 1: Purpose
These General Terms and Conditions of Sale define the rights and obligations of the parties in the context of the online sale of products offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTC) apply to all sales of products made through the Company's website, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable GTC are those in effect at the date of payment of the order. These GTC are available on the Company's website at the following address: www.tisteane.com/gtc/. The Company also ensures that their acceptance is clear and without reservation by setting up a checkbox and a validation click. The Client declares having read all these General Terms and Conditions of Sale, and, where applicable, the Specific Terms and Conditions of Sale related to a product, and accepts them without restriction or reservation. The Client acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs. The Client declares that they are legally capable of contracting under French law or validly representing the natural or legal person for whom they are acting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices
The prices of the products sold through the website are indicated in Euros, including all taxes (VAT included), and are precisely determined on the product description pages. They are also indicated in Euros, including all taxes, on the product order page, excluding specific shipping fees. For all products shipped outside mainland France, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes, import duties, or state taxes may be payable in certain cases. These duties and amounts are not the responsibility of the Seller. They shall be borne by the Buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller advises the Buyer to inquire about these aspects with the relevant local authorities. The Company reserves the right to modify its prices at any time in the future. The Products will be invoiced to the Client based on the rates recorded at the time of order validation.
Article 4: Conclusion of the online contract
The Client must follow a series of specific steps for each Product offered by the Seller to complete their order. However, the steps described below are systematic: Information on the essential characteristics of the Product; Choosing the Product, where applicable, its options, and indicating the Client's essential data (identification, address, etc.); Acceptance of these General Terms and Conditions of Sale; Verification of the order details and, where necessary, correcting errors; Following payment instructions and paying for the products; Delivery of the products.
The Client will then receive confirmation by email of payment of the order, along with an acknowledgment of receipt confirming the order. The products will be delivered to the address provided by the Client. For proper order fulfillment and in accordance with Article 1316-1 of the Civil Code, the Client undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith, or for any legitimate reason.
Article 5: Products
The essential characteristics of the goods and their respective prices are made available to the buyer on the Company's website. The client confirms they have received a detailed description of the shipping costs and the terms of payment, delivery, and execution of the contract. The Seller undertakes to fulfill the Client's order only within the limits of available product stocks. If not, the Seller will inform the Client. These contractual details are presented in detail and in French. In accordance with French law, they are summarized and confirmed during order validation. The parties agree that illustrations or photos of products offered for sale have no contractual value. The validity period of the Products offered, along with their prices, is specified on the Company's website. Unless specific conditions apply, the rights granted under these terms are only for the natural person signing the order (or the person holding the email address provided). In all cases, the Client benefits from the provisions of the legal warranty, particularly those concerning hidden defects. To implement the warranty, the Client must report it in detail via the contact form available on the site www.tisteane.com or by mail sent to Tistéane, BP 26020, 69411 LYON CEDEX 06, and return the Product to Tistéane at their own expense, attaching a copy of the invoice. The product will be exchanged for an identical product and sent to the Client at Tistéane's expense, provided the product is in stock or still available. Otherwise, the product will be refunded by Tistéane. All refunds will be processed as quickly as possible and no later than thirty (30) days following receipt of the products by Tistéane.
Article 6: Delivery terms
Products are delivered to the delivery address indicated at the time of the order within the specified time frame. This period does not include the preparation time of the order. In case of delivery delay, the Client may terminate the contract under the conditions and terms defined in Article L 138-2 of the French Consumer Code. The Seller will then refund the product and the outbound shipping fees under the conditions of Article L 138-3 of the Consumer Code. The Seller provides an email address mentioned in the order confirmation email to monitor the order. The Seller reminds the Client that, upon taking physical possession of the products, the risks of loss or damage to the products are transferred to the Client. It is the Client's responsibility to notify the carrier of any reservations about the delivered product.
In case of the recipient's absence during delivery, the carrier will leave a notice at the delivery address provided by the Client. Products must be collected at the address and under the conditions indicated by the carrier. If not collected within the time frame specified by the carrier, the products will be returned to Tistéane, which reserves the right to refund their price, excluding shipping fees, which remain the Client's responsibility.
Article 7: Availability and presentation
Orders are processed within the limits of available stocks. If an item is unavailable for more than 7 working days, you will be immediately informed of the estimated delivery times, and the order for this item can be canceled upon request. The Client can then request a credit for the item's amount or its refund.
Article 8: Payment
Payment is required immediately upon ordering. The Client must pay via credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out via Stripe. Tistéane implements all necessary means to ensure the security and confidentiality of the data transmitted on its website (including online payment). The transaction is carried out via the Stripe platform, which alone has access to the confidential information (card number, expiration date) provided by the Client during payment.
Once the payment is initiated by the Client, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their banking information during the sale, the Client authorizes the Seller to debit their card for the amount indicated. The Client confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error or inability to debit the card, the Sale is immediately canceled, and the order is terminated.
Article 9: Withdrawal period
In accordance with Article L. 121-20 of the French Consumer Code, the consumer has a period of fourteen clear days to exercise their right of withdrawal without having to justify reasons or pay penalties, except for return costs where applicable. The period mentioned in the preceding paragraph runs from the receipt of the goods. The right of withdrawal can be exercised by contacting the Company via the contact form available on the site www.tisteane.com or by mail sent to Tistéane, BP 26020, 69411 LYON CEDEX 06. In case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased product(s) and the shipping costs will be refunded, while the return costs remain the Client's responsibility. Returned products must be in their original condition and complete (packaging, accessories, instructions, etc.) so they can be resold as new; they must, if possible, be accompanied by a copy of the proof of purchase.
Any refund will be processed as quickly as possible and no later than thirty (30) days following the date of receipt of the products by Tistéane.
Article 10: Guarantees
In accordance with the law, the Seller assumes two guarantees: conformity and hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not match the order placed. The refund request must be made via the contact form available on the website www.tisteane.com or by mail sent to Tistéane, BP 26020, 69411 LYON CEDEX 06.
Article 11: Complaints
If necessary, the Buyer may submit any complaint by contacting the company via the contact form available on the website www.tisteane.com or by mail sent to Tistéane, BP 26020, 69411 LYON CEDEX 06.
Article 12: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights remain the exclusive property of the Seller. No intellectual property rights are transferred through these GTC. Any total or partial reproduction, modification, or use of these goods for any reason is strictly prohibited.
Article 13: Force majeure
The Seller's performance of its obligations under these GTC is suspended in the event of a fortuitous event or force majeure that prevents execution. The Seller will inform the Client of the occurrence of such an event as soon as possible.
Article 14: Nullity and modification of the contract
If one of the provisions of this contract is nullified, this nullity does not entail the nullity of the other provisions, which remain in force between the parties. Any contractual modification is valid only after a written and signed agreement by the parties.
Article 15: Personal data protection
Tistéane's databases have been declared to the CNIL on October 28, 2016, under number 2003493. This is the privacy policy adopted by Tistéane. All information provided is strictly confidential and is only used for processing orders.
You have the right to access, modify, rectify, and delete data concerning you (art.34 of the French Informatique et Libertés law n° 78-17 of January 6, 1978, amended in 2004). To exercise this right, contact Tistéane via the contact form available on the website www.tisteane.com or by mail sent to Tistéane, BP 26020, 69411 LYON CEDEX 06.
Article 16: Applicable law
All clauses in these general terms and conditions of sale, as well as all purchase and sale operations referred to herein, are subject to French law.