The customer expressly acknowledges having read and accepted without reservation the present general conditions of sale prior to any purchase. Any purchase made on the site www.tsaana.com necessarily implies the unreserved acceptance by the customer of these general conditions of sale as well as the general conditions of use.
Section 1. Definitions:
Within the framework of these general conditions of sale, the following terms are defined as follows, other terms may also be defined in the text of these general conditions of sale.
Purchase: refers to the transfer of ownership of one or more Products from the Company to the Customer, following the validation of the Order by the Company on the Site, in accordance with the provisions of the CGV.
Customer: refers to any natural or legal person, excluding resellers or intermediaries acting on their behalf, who makes a Purchase.
Order: any request to purchase one or more Products on the Site by a Customer, subject to validation by the Company.
User account: space dedicated to the registered User, accessible after registering on the Site via a Login Identification or by retrieving an account created with a partner or service provider. This space allows you to access certain content available on the Site and to place Orders.
TERMS OF USE: refers to all the clauses stipulated in the general conditions of use of the Site, available and accepted without reservation by any User.
TERMS AND CONDITIONS: represents all the clauses stipulated herein, detailing the rights and duties of the Company and the Customer when purchasing the Products.
Connection ID: refers to a confidential username and password allowing access to the User Account and to certain content available on the Site.
Products: includes all items offered for purchase by the Company on the Site and/or in store.
Company: refers to Tsaana, a limited company with a single partner, whose head office is located at 10 rue des Cardeurs, 51100 Reims, France, registered with the Reims Trade and Companies Register under the unique identification number 979341344.
Site : refers to the website accessible at www.tsaana.com, from which the Company offers its products for sale.
User : refers to anyone using the website.
Section 2. Scope and Purpose of the Contract:
These general conditions of sale establish the rules governing the relationship between Tsaana, represented by Tsaana, 979341344, and any natural or legal person making a purchase on the Tsaana website, hereinafter referred to as “the Customer”.
These conditions apply to any purchase of Products from the Company on the Site, except as expressly provided herein.
Written in French in their original version, these conditions prevail over any other version and prevail over any document or correspondence from the Customer, including their own general terms and conditions of purchase and the information appearing on their order forms.
They cancel and replace any other previous or concomitant agreement or agreement between the Company and the Customer concerning the Purchase of Products.
The Company reserves the right to update these conditions at any time, the conditions in force at the time of the conclusion of the Contract being those that apply to the Customer.
Section 3. Products and Features:
Tsaana offers a range of clothing and accessories in the field of casual fashion, with detailed descriptions available on its website. Product photographs are not contractual and may vary slightly from reality, in particular due to differences in color display on user screens. Despite efforts to ensure visual accuracy, Tsaana declines all responsibility for possible errors or minor inaccuracies in product representations.
Section 4. Price:
Product prices are displayed in euros (EUR) and are subject to change by Tsaana at any time. The applicable price is that in force at the time of validation of the order by the customer. Delivery costs are clearly indicated separately and are the responsibility of the customer, unless otherwise stated. Prices shown include all applicable taxes. Any price variation between the time of the order and its validation will be taken into account in the final billing. Any complaint concerning an unsuccessful order, whether it is a product not available or a price change, will be carefully examined by our team.
Apart from authorized cases of reimbursement, such as those resulting from the exercise of the right of withdrawal or in the event of lack of conformity and hidden defects, the company will not refund the VAT applied to purchases made on the Site. Even if the buyer decides to return the products to a country outside the European Union after receipt, VAT will not be refunded. In addition, the company reserves the right to change the prices of the products offered on the site at any time, without notice.
Section 5. Order online:
The Customer places his order by following the order process indicated on the Tsaana website. The order is final after validation by the Customer and payment of the total price. Tsaana reserves the right to refuse any order for legitimate reasons, such as the unavailability of products or non-compliance with these general conditions of sale.
The Order process is as follows:
1. Acceptance of the General Terms of Use (CGU): By accessing the Tsaana site, any user expresses their acceptance of the CGU, thus declaring to have read their content. The CGU must be accepted each time you connect to the site, before browsing or ordering products.
2. Product Selection: The customer chooses the product he wants to order.
3. Adding to the Cart: Once the product is selected, the customer adds it to the basket.
4. Content Verification: Before validating the order, the customer checks the contents of his basket and has the option of deleting products.
5. Connection or Account Creation: The customer can choose to connect to their user account or to proceed as a guest by completing an identification form.
6. Verification of the Order: The customer checks the summary of his order, including the description of the products, prices, customer contact details and delivery methods, and can make changes if necessary.
7. Payment method: The customer selects his payment method in accordance with the general conditions of sale.
8. Acceptance of the CGV: The customer accepts the General Conditions of Sale (GTC) by ticking the corresponding box, which validates the order. Once this step has been completed, no modification or cancellation of the order is possible.
9. Validation of the Order: The customer receives an acknowledgement of receipt of his order by email, summarizing the details of his order.
10. Order processing: The company processes the order and verifies the availability of the products ordered.
11. Order Confirmation: The customer receives an email confirming the order, marking the conclusion of the contract.
12. Order tracking: The customer receives notifications by email on the progress of the processing of his order until it is shipped, as well as a tracking number from the carrier to track the delivery of his package online.
Section 5. Payment methods:
The payment of the Order can be made in several ways:
5.1 Credit card payment: The Customer has the option of paying for his Order using a Visa, CB, Mastercard or American Express bank card. This payment is processed on the secure site of Tsaana's partner banking institution, thus guaranteeing the confidentiality of the Customer's banking data, which is neither communicated nor intercepted by the Company.
5.2 Payment by payment application: Another payment option is available through applications such as Apple Pay (on mobile and computer). These payments are processed by the online payment provider “Stripe”, and the Customer is considered to have accepted the general conditions of sale and the privacy policy of the chosen payment application.
Section 6. Product Delivery Methods:
6.1. Delivery Address and Receiving Delivery of Products
The products ordered are delivered to the address specified by the Customer when ordering. Delivery times, mentioned for information purposes on the Tsaana website, may vary depending on the destination and the carrier. Although Tsaana strives to meet these deadlines, she cannot be held responsible for delivery delays that are beyond her control. The Company ensures the delivery of the Products in mainland France and abroad, in the countries designated on the Site, at the logistics rates in force.
Delivery will be made to the delivery address indicated by the Customer at the time of the order, this address may differ from the billing address. Preparation and shipping costs vary according to the country of destination and the total amount of the order, and will be clearly indicated on the invoice. It should be noted that for orders shipped outside Europe, shipping costs will be borne by the Customer.
The Company declines all responsibility for any actions, fees, taxes or delays attributable to customs services, which are the exclusive responsibility of the Customer and over which it has no control.
6.2 Delivery Methods and Deadlines
Orders may be delivered in several deliveries and/or packages if their volume exceeds a certain threshold, at the discretion of the Company. The choice of carrier is also reserved to the Company, which sets the date of availability based on various factors such as the state of the stock and the delivery method.
The average delivery times for products generally vary from four (4) to nine (9) working days from the confirmation of the order by email. However, these deadlines are indicative and may be subject to adjustments by the Company, which reserves the right to modify the announced dates.
For pre-orders, delivery times may be longer, generally from one (1) to six (6) months from the confirmation of the order by email. Despite these estimates, any excess of the expected delivery time may not result in the cancellation of the order, or reduction of the price paid by the Customer, or payment of damages and interests.
However, if delivery is not made within thirty (30) days after the estimated maximum period, the Customer has the right to cancel the order free of charge. In this case, the amounts paid by the Customer will be fully reimbursed. In addition, the Company reserves the right, if it can, to offer the Customer a product of quality and price equivalent to that originally ordered.
Section 7. Withdrawal rights:
In accordance with the legislation in force, articles L.221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from the receipt of the products to exercise his right of withdrawal and return the products to Tsaana for reimbursement.
Any return initiated after the expiry of the withdrawal period will be refunded in the form of a voucher.
In order to exercise this right of return, the Customer must, within a period of fourteen (14) days:
1. Complete the online return form on the Site.
2. Generate and print the return form which will be sent to the Customer's email address indicated in the form.
Any package returned after the stipulated deadlines will be refused and returned to the sender, at the latter's expense.
For customer service to accept the exchange and/or refund, the Product must be returned intact in their original condition and in its original packaging, unaltered, with its original label, unworn and accompanied by all its accessories. No return of packages will be accepted without strict compliance with these instructions. In the event of the regular return of the Products by the Customer, the Company will refund the price of the returned Products (excluding any customs fees) within a maximum of fourteen (14) days following receipt of the returned Products.
This reimbursement will be made by credit to the bank account used for the payment of the Order or according to the terms defined in article 5.1, if applicable.
Section 8. Guarantees and responsibilities:
8.1 General provisions
The Products marketed by the Company are subject to the legal guarantees defined by articles L.217-4 to L.217-14 of the Consumer Code as well as by articles 1641 and 1648 of the Civil Code, to the exclusion of any other guarantee. The Company rejects any claim relating to Products that have been used in an inappropriate manner.
For any complaint concerning the Products themselves and not related to delivery, please contact customer service by email at the following address: serviceclient@tsaana.com.
Tsaana ensures the conformity of the products sold on its website and undertakes to reimburse or exchange any defective or non-compliant product.
Tsaana declines all responsibility in the event of indirect or unforeseeable damages resulting from the use of the products.
No package will be accepted without following these instructions.
8.2 Legal guarantee for hidden defects
The Company undertakes to provide the Customer with a Product free of hidden defects that could make it unusable for the use for which it is intended, or which could significantly reduce its value, to the point that the Customer would not have acquired it or would have purchased it at a lower price if he had been informed of these defects.
In the event of the discovery of a hidden defect on a Product sold by the Company, the Customer has the choice of returning the Product and receiving a full refund, or keeping the Product and receiving a partial refund of the price.
The reimbursement, replacement or return of the Product will be made at no cost to the Customer and does not prevent the Customer from requesting possible damages and interests if necessary.
Section 9. Personal data:
Tsaana collects and processes Customers' personal data in compliance with current data protection legislation. Customers have the right to access, rectify and delete their personal data.
Section 10. Disputes:
These General Terms and Conditions of Sale are governed by French law and interpreted accordingly. The official language of this contract is French.
In the event of a dispute, only the French courts will be competent. However, in accordance with Regulation EC 593/2008 of 17 June 2008, these conditions do not prevent the application of a provision more favourable to the Customer, provided for by the law of the country where the Customer usually resides.
If a dispute arises concerning the application or interpretation of the General Terms and Conditions of Sale, the Customer may use conventional mediation or any other alternative method of settling disputes, in accordance with the provisions of the Consumer Code.
Under ordinance No. 2015-1033 of August 20, 2015 and the implementing decree No. 2015-1382 of October 30, 2015, any consumer dispute may be submitted to mediation at the CMAP — Center for Mediation and Arbitration of Paris. To contact the mediator, the Customer can fill out a form on the CMAP website, send his request by post or email. Regardless of the method of referral, the request must contain the Customer's contact details, the details of the dispute and proof of prior steps taken with the Company.
In the event of a dispute, in accordance with Regulation No. 1215/2012 of December 12, 2012, the Customer may refer the matter either to the court of his place of residence, or to the courts under the jurisdiction of the Paris Court of Appeal. The Company may also refer the matter to the court at the Customer's place of residence.
In the event of a disagreement between Tsaana and the Customer, both parties undertake to seek an amicable solution. In the absence of an amicable resolution, the dispute will be submitted to the competent jurisdiction in accordance with the law in force.
Section 11. Duration:
These General Terms and Conditions of Sale (GTC) will remain in force until they are replaced by new versions, in accordance with the provisions of article 12.
Section 12. Modification of the general conditions of sale:
Tsaana reserves the right to modify these General Terms and Conditions of Sale (GTC) at any time. The changes made will be published on the Tsaana website and will become binding on the Customer as soon as they are put online.
The new GTC will take effect from one of the following two dates: (i) the date of their publication on the platform, after notification of their availability to the Customer; or (ii) the date of their communication by any written means and of acceptance by the Customer.
The continuation of the Company's commitments by the Customer, after having been informed of the new GTC, will be considered as an acceptance of them.
