TERMS AND CONDITIONS FOR USE OF THE WEBSITE AND GENERAL TERMS AND conditions OF SALE
Last up-date: September 2017
These terms and conditions for use and general terms and conditions of sale (hereafter the “GTCS”) apply exclusively between any user of the on-line sale website www.princessetamtam.com (hereafter the “Website“) and the company Princesse tam.tam, a simplified joint stock Company with capital of 2,000,000 euros, and head office at 151 rue Saint Honoré – 75001 PARIS, registered in the Paris Trade Registry under number 327 611 406 (hereafter “Princesse tam.tam“ or the “Seller“).
The purchase of products for sale on the Website is reserved for adult private individuals, not traders, possessing their full legal capacity (hereafter the “Customer”).
The Customer undertakes to read carefully these GTCS before using the Website. The act of placing an order on the Website entails the Customer’s full and entire agreement with these GTCS of which he recognises having full knowledge.
ARTICLE 1 - CUSTOMER ACCOUNT
Before placing an order on the Website, the Customer must open a customer account. For this purpose, he must complete a form in the “My account” section with his personal details, and the Customer undertakes to give true information and not to steal the identity of a third party nor modify his age.
The Customer indicates notably his e-mail address and a password (comprising at least 8 characters), which shall be used for identification on the Website subsequently. The identifier and password are personal and the Customer undertakes not to divulge them.
ARTICLE 2 - Prices
The prices of products on the site are in euros, including all taxes, and do not include the delivery costs, of which the amount is specified before final confirmation of the order by the customer.
In the event of an obvious pricing error, which can notably be due to a technical problem, Princesse tam.tam reserves the right not to accept the order.
The products remain entirely the property of Princesse tam.tam until the price has been paid in full.
When an order is placed using a promotional code offering a reduction linked to the simultaneous purchase of a predetermined number of articles, the return of one or several articles by the Customer may result in the cancellation of the reduction, when the number of articles necessary for this reduction is no longer met. The reimbursement to the Customer shall take account, where appropriate, of the fact that the reduction is no longer applicable and the difference shall therefore be charged to the amount reimbursed to the Customer in respect of the returned articles.
ARTICLE 3 - Products
The products for sale are displayed on the Website according to their availability, and the offers remain valid for as long as they remain visible on the Website.
Princesse tam.tam reserves the right, at any time, to withdraw any product for sale on the Website.
In the event that a product is no longer available after an order has been confirmed, the Customer is informed rapidly by e-mail and the missing item(s) is/are automatically cancelled and reimbursed.
The descriptions of products for sale on the Website are purely indicative. Similarly, the photographs may differ slightly from reality, notably due to the configuration of the display settings of the computer used.
ARTICLE 4 - ORDERS
To place orders, the Customer must register or identify himself through his customer account and follow the on-line buying process by adding the products to his basket. By viewing his purchase basket page, the Customer may take note of the various delivery methods and their cost, and the countries concerned.
After having confirmed the order and chosen the delivery method, the Customer must check the products ordered and take note of the GTCS. Once the Customer has clicked on “Pay for my order”, he is presumed to have accepted the GTCS, the prices of the products, the contents of his order and the delivery address.
After payment, the Customer shall receive an e-mail confirming the order. This e-mail does not constitute acceptance of the order by Princesse tam.tam, who reserves the right to refuse an order, notably in the event of the abnormal character of the order (notably due to the forbidding of the purchase of products for resale), abnormal or abusive complaints, exchanges or returns, existing disputes with the Customer or non-payment of a previous order.
Princesse tam.tam may not be held liable for a typing error by the Customer preventing the receipt of the e-mail confirming the order and/or delivery of the order.
ARTICLE 5 - paYMENT
Payment for the order may be carried out by credit-note, bank card (Visa, Mastercard or American Express) or Paypal.
In the event of payment by bank card, the amount is debited when the order is confirmed, after confirmation from the bank having issued the card. In the event of refusal by the bank, the order shall be automatically cancelled.
The security of the transactions is ensured by Adyen by encryption of the bank details through the SSL protocol. When the Customer registers his bank card for future purchases, the data are also encrypted. At no point do the Customer’s bank details pass through Princesse tam.tam's IT system.
In the event of fraudulent use of his bank card, the Customer should contact the e-shop Customer Service Department, from Monday to Thursday from 9 am to 6 pm, and Friday from 9 am to 3.30 pm, who will indicate the steps to take by means of and notaby :
• either by telephone on: 09 69 39 29 22 (from France) or +33 1 43 12 04 04 (from overseas)
• or by email: firstname.lastname@example.org.
ARTICLE 6 - DELIVERY
6.1 - Country of delivery
The products for sale are only delivered to the following countries: Metropolitan France, Germany, Austria, Belgium, Denmark, Spain, Finland, Greece, Hungary, Ireland, Iceland, Italy, Luxembourg, Pologne, Malta, Monaco, The Netherlands, Poland, Portugal, Czech Republic, Slovakia, Slovenia, Sweden.
If you wish to be delivered within the United Kingdom, connect to the e-shop at www.princessetamtam.co.uk.
Due to customs procedures, we do not deliver to the following destinations: French overseas departments and territories, overseas territorial communities and countries, Andorra, Büsingen and Heligoland (Germany), the Faeroe Islands, Greenland (Denmark), the Canary Islands, Ceuta, Melilla (Spain), the Aland Islands (Finland), Mount Athos (Greece), Campione d'Italia, Livigno, San Marin and the Vatican (Italy), Jersey and Guernsey (Great-Britain).
6.2 - Delivery times
Princesse tam.tam uses its best efforts to ensure prompt delivery of the orders. Orders registered on the Website as from Friday 1 pm, Saturday or Sunday shall only be processed on the following Monday. Orders registered on the Website on public holidays shall be processed on the following working day.
From the dispatch of the order, average delivery times are as follows:
• 24 hours with Chronopost;
• 3 working days in a selection of click & collect store collection points in France;
• 3 to 5 working days with Colissimo for France;
• 5 to 10 working days for Colissimo International.
The delivery may however be delayed for reasons beyond the control of Princesse tam.tam. In this case, Princesse tam.tam undertakes to keep the Customer informed of the situation.
A delivery is presumed to have been carried out as soon as the transporter’s control system registers the placing of the parcel at the Customer’s disposal (delivery against signed receipt).
If the parcel is damaged or its content does not comply with the order, the Customer must contact Princesse tam.tam's e-shop Customer Service Department within fifteen (15) days of the receipt of the products, in order to arrange the return of the products in compliance with the procedure set out in article 8.2.
ARTICLE 7 - RIGHT OF CANCELLATION
7.1 - Exercise of the right of cancellation
The Customer has a right of cancellation of fourteen (14) days following the date of receipt of the Products, in order to return the product(s) ordered, without having to give a reason nor pay penalties, in compliance with Directive 2011/83/EU of 25 October 2011 as transposed.
Any cancellation of an order must be notified:
• either by telephone, from Monday to Thursday from 9 a.m. to 6 p.m., and Friday from 9 a.m. to 3.30 p.m. on 09 69 39 29 22 (from France) or +33 1 43 12 04 04 (from overseas)
• either by using the withdrawal form template below, or by completing the cancellation slip available in the Customer account, section “My orders”, to be returned by e-mail to email@example.com or by post to:
Service Relation Client e-shop
151 rue Saint Honoré
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the item presented below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if the present form is sent as a paper format):
(*) Cross out as appropriate.
7.2 - Methods of return
After having notified Princesse tam.tam of the cancellation, the Customer must return the products concerned within 14 days maximum as from this notification, accompanied by the return slip (to be completed online and printed by going to the Customer Account, section “My orders”).
Reimbursements for products under the right of withdrawal must be requested within fourteen (14) calendar days from the date of notification of withdrawal or deferred until the day on which the Products are received by Princesse tam.tam.
ARTICLE 8 - REIMBURSEMENT OF PRODUCTS AND EXCHANGE (only for click & collect orders)
8.1 - “Satisfied or money back” guarantee
Without prejudice to the provisions of the right to cancellation indicated in article 7, Princesse tam.tam offers Customers a total period of thirty (30) calendar days as from the date of receipt of the products to return all or part of their order not giving them satisfaction, to exchange it (only for click & collect orders), obtain a credit note or be reimbursed.
No product bought on the Website may be accepted as a return in a shop.
In the event of abnormal or abusive returns, Princesse tam.tam reserves the right not to accept the return and to refuse a subsequent order.
8.2 - Conditions and methods of return
Orders delivered via Colissimo or Chronopost: none of the products returned by the Customer, whether under the right of cancellation or the “satisfied or money back” guarantee, must have been used, damaged, dirtied or washed by the Customer. They must be returned whole, with their bag and/or label, in suitable wrapping and accompanied with the return slip (to be completed online and printed by going to the Customer Account, section “My orders”).
The cost of the return is payable by the Customer. You will only be reimbursed the postal fees for the delivery of your order should you exercise your right of cancellation within 14 days as from reception of your parcel and only if your return your entire order.
The products must be returned to our warehouse, at the following address:
Zone d'activité du Pérou
1 avenue de la Concorde
Princesse tam.tam may not be held liable for any loss or damage incurred during the transport; Customers are therefore advised to use a service with tracking. In the event of loss or damage during transport, the Customer must contact his transporter directly.
If the articles are not received at the warehouse, Princesse tam.tam shall not be able to process the return.
Orders delivered via the click & collect service: Purchases via the click & collect service may be exchanged or a credit note, which will be valid for 6 months for use in store, and may be issued for items returned within 30 days of collection from the pick-up store. No refunds will be given at the collection point.
8.3 - Reimbursement / Credit note
Once the products are returned and checked by Princesse tam.tam, the Customer shall be reimbursed in compliance with the method chosen on his return form. The reimbursement shall be made within thirty (30) calendar days as from the date of receipt of the Products by Princesse tam.tam.Credit notes may also be issued on request. Credit notes may be used on our website for a period of 6 months. The credit note may be split across different purchases.
Purchases via the click & collect service may be exchanged or a credit note, which will be valid for 6 months for use in store, and may be issued for items returned within 30 days of collection from the pick-up store. No refunds will be given in store. If you require a refund or a credit note valid in store, you must return the item(s) to the warehouse. Return shipping will be paid by our customers.
ARTICLE 9 - LOYALTY PROGRAM
9.1 - Presentation of the Loyalty Program
Princesse tam.tam's "Favourite" loyalty program (hereafter the "Program") is offered free of charge with any purchase upon request or if accepted by the Customer. This Program is exclusively valid on the www.princesstamtam.com Website or in participating Princesse tam.tam stores in metropolitan France (including Corsica and Monaco) and Belgium.
The "Favourite" Program is personal and cannot, under any circumstances, be used for purposes other than those defined by Princesse tam.tam in the present GTCS. The Favourite Program can be used to accumulate points referred to as "Favours" (2 Favours for every €5 spent) each time a purchase is made in participating Princesse tam.tam stores and on the www.princessetamtam.com Website.
Favours are valid for 12 months as from the date of their acquisition. When enough Favours have been accumulated they can be converted into a gift under the terms and conditions described below. The terms of the "Favourite" Program offers and the duration of their validity are specified in communications sent by e-mail or post to members of the Program, but may also be requested at Princesse tam.tam stores or by writing to the following address:
Service Relation « Favorite »
151 rue Saint-Honoré
Should there be a dispute regarding the number of Favours acquired by a program member, only the information contained in Princesse tam.tam's customer file shall prevail.
9.2 - Loyalty Program offers
The various gift offers are the following:
• Welcome offer
A discount voucher offered for every new Program membership that is valid for the next purchase.
The discount voucher, worth €10 from €80 of purchase (excluding delivery costs), is valid for two (2) months as from the date it is issued. The offer is only valid once in participating Princesse tam.tam shops in France and Belgium upon presentation of the receipt on which the voucher was issued, or on princessetamtam.com using the code that will have been sent at the end of the first order.
In the event that all of the items that had been purchased to obtain the discount voucher are returned, this voucher will no longer be valid. The discount voucher cannot be transfer nor used in part, and may not part of any monetary consideration. The item(s) purchased with the welcome offer may only be reimbursed to the sum actually paid by the Program member, less the €10 discount, and in the event of a partial return, the discount will be applied in proportion to the price of the items.
• For 120 Favours accumulated
A bottom offered with the purchase of a lingerie ensemble (top and bottom or body) or swimwear (two-piece or one-piece swimsuit), i.e. a brief, hipster, tanga, thong, shorty, Brazilian boxer short, bikini bottom or lingerie or swimwear boxer short. The bottom offered is the cheapest of any bottoms in the purchase. On the Website, one-piece swimsuits and bodies do not allow access to the 120 Favours limit.
• For 160 Favours accumulated
A top offered with the purchase of a lingerie ensemble (top and bottom or body) or swimwear (two-piece or one-piece swimsuit), i.e. a bra or bikini top. The top offered is the cheapest of any the tops in the purchase. On the Website, one-piece swimsuits and bodies do not allow access to the 160 Favours limit.
• For 300 Favours accumulated
A lingerie ensemble (a top and a bottom) or a body or a slip dress is offered. This gift can only be requested in stores participating in the Program and is not accessible on the www.princessetamtam.com Website.
To benefit from an offer given for the accumulation of 120 or 160 Favours, the corresponding number of Favours must have already been obtained before the purchase of the ensemble. When a member benefits from one of these offers, they will only receive one bottom (120 Favours) or one top (160 Favours) under the Program whatever the number of ensembles bought in the purchase (the purchase of two ensembles by a member who has accumulated 120 Favours only entitles them to receive one bottom, not two).
The 120, 160 and 300 Favours offers cannot be combined with any other existing offer.
Gifts offered as part of this Program cannot be exchanged nor returned for cash. After using the offer all remaining Favours will be kept in the member's loyalty Program within the limit of their validity period. Several gift offers may be used at the same time, if the number of Favours so permits.
Each offer may only be granted once per member in stores participating in the Program upon presentation of the invitation, or on the www.princessetamtam.com Website by entering the offer code provided.
9.3 - Changes to the loyalty Program
Princesse tam.tam reserves the option to change, suspend or terminate the "Favourite" loyalty Program provided that it gives notifies members beforehand within a reasonable delay.
In the event the Program is terminated or the method for allocating Favours is changed, members will be informed on the Website, by post, by e-mail and/or displays in store, and no recourse may be taken against Princesse tam.tam in this respect. Members will not be compensated for any changes or removal. Should the Program be terminated, members who have accumulated enough Favours to receive a gift offer will be informed of the terms and conditions of the period in which they may use them. After this period, the Favours may no longer be used and will not give rise to any financial compensation.
ARTICLE 10 - LEGAL GUARANTEES
All the Products are covered by the legal compliance guarantee provided for in the French Consumers’ Protection Code, as well as the Civil Code guarantee concerning hidden defects, providing that the use was normal and that the care advice was followed:
• Consumers’ protection code
The seller is obliged to deliver goods complying with the contract and to answer for the compliance defects existing on delivery. The seller also answers for compliance defects resulting from the packaging, the assembly instructions or the installation when it is contractually bound to carry out the installation or when this is carried out under its responsibility.
To comply with the contract, the article must:
1º Be specifically for the use habitually expected for a similar article and, depending on the case:
- correspond to the description given by the seller and possess the qualities which the latter has presented to the buyer as a sample or model;
- resent the qualities which a buyer may legitimately expect in view of the public declarations made by the seller, by the manufacturer or by its representative, notably in the advertising or labelling;
2º Or present the characteristics defined by mutual agreement between the parties or be specifically for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted.
Any legal action resulting from a compliance defect is statute-barred two years after delivery of the article.
• Civil code
The seller is bound by the guarantee concerning hidden defects of the item sold making it unfit for the use intended for it, or which reduce this usability so that the buyer would not have bought it, or would have paid a lower price if he had been aware of them.
Any legal action resulting from prohibitive defects must be instigated by the buyer within two years as from the discovery of the defect.
ARTICLE 11 - INTELLECTUAL PROPERTY
All the intellectual property rights of the Website and its contents belong exclusively to Princesse tam.tam. No total or partial reproduction, use or modification of any element of the Website, in whatever form, may be carried out without the express authorisation of Princesse tam.tam who reserves the right to instigate legal action in respect of intellectual property.
The Customer is granted a limited licence, including consultation and use of the Website personally, and excluding downloading or modifying the contents, wholly or partly, without the express written agreement of Princesse tam.tam. This licence excludes any use of the Website for commercial purposes or resale, any recuperation and use of descriptions or tariffs of the products, any derived use of the Website or its contents, or any use of data exploration tools, indexation robots or tools for the collection and extraction of data. It is forbidden to reproduce, duplicate, copy, sell, or in any other way use all or part of the Website for commercial purposes without express written authorisation. It is forbidden to use techniques enabling the incorporation of any commercial brands, logos, exclusive information (including pictures, texts, page layouts or forms) belonging to Princesse tam.tam without express written authorisation. It is forbidden to use meta tags or any other “hidden text” using the name or commercial brands without express written authorisation.
ARTICLE 12 - SUNDRY PROVISIONS
12.1 - Force majeure
Princesse tam.tam shall not be liable for the delay in the total or partial execution or non-execution of its obligations, if that is provoked by a force majeure event, notably in the event of perturbation or total or partial strike of the postal services and means of transport and/or communication, floods or fire. Princesse tam.tam shall inform the Customers of a force majeure event, at the latest within five (5) working days following its occurrence. Princesse tam.tam shall use its best efforts to inform the Customer, as quickly as possible, of the means of transport for his order during the period affected by the force majeure event.
12.2 - Partial non validity
If one of the provisions of these GTCS were found to be null and void or not binding, the other GTCS would remain valid, unless the invalidated obligation were an essential obligation of which the deletion or cancellation prevented the application of the whole of the GTCS.
12.3 - Conservation and archiving of transactions
The invoices are archived on a reliable and lasting format so as to constitute a faithful and lasting copy.
12.4 - Changes to the GTCS
Princesse tam.tam reserves the right to change, modify, add to or delete all or part of these GTCS, at any time. Any modification to the GTCS shall be published on the Website. The date shown in the heading of these GTCS shall be modified to indicate the date of the latest update. The GTCS applicable to an order are those in force as at the date of payment for the order.
12.5 - Mediation
In accordance with the provisions of the French Consumer Code concerning “the mediation process for consumer disputes”, the Customer has the right to resort to a mediation service free of charge. Electronic link to the Online Dispute Resolution (ODR) Platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ENG
The Fédération de la Maille et de la Lingerie has signed a framework agreement with the MEDICYS mediation agency that enables its members, including Princesse tam.tam, to seek out-of-court dispute arbitration. This mediation agency can be contacted:
- Electronically at: https://www.medicys.fr/
- By mail at: MEDICYS - Centre de médiation et règlement amiable des huissiers de justice - 73, Boulevard de Clichy, 75009 Paris, France
Disputes cannot be examined by the consumer mediator until:
a) The Customer has provided proof that he/she has first made an attempt to settle the dispute directly with the Seller through a written complaint;
b) The Customer files the request with the mediator within a period of less than one year from the date of the written complaint sent to the Seller.
The request must not be clearly unfounded or abusive. Lastly, if the dispute has already been examined or is being examined by another mediator or by a court, or if it does not come within his/her sphere of competence, the mediator must refuse the Customer’s request. If the request is not deemed admissible, the mediator informs the Customer of the refusal of his/her request for mediation within three weeks of receiving the Customer’s file.
14.6 - Applicable law and jurisdiction
These GTCS are subject to French law. In the event of a dispute, French courts shall have sole jurisdiction. The Parties undertake however to seek an amicable solution before taking any legal action.