Terms of sale
These General Terms and Conditions of Sale are entered into between TEO CABANEL, a SAS with share capital of €230,000, registered with the Melun Trade and Companies Register under number 481 428 407, whose registered office is at 23, boulevard du Général Leclerc 77300 Fontainebleau, France (hereinafter referred to as "TEO CABANEL"), and any person who has made a purchase from the www.teo-cabanel.com website, hereinafter referred to as "the Customer". Any purchase from the www.teo-cabanel.com website (hereinafter referred to as the "Site") automatically implies acceptance of these terms and conditions in their entirety.
1 - DÉFINITIONS
Customer: designates any user who purchases a Product via the Site and/or who has a personal account on the Site.
Order: refers to the process whereby the Customer selects the Products he/she wishes to purchase and have delivered. An Order is finalized when the Customer has selected the Products he/she wishes to have delivered, as well as the delivery options, and when he/she has paid the amount due. Once the Order has been finalized, TEO CABANEL will ship the Products ordered in accordance with the terms and conditions of these GTCS.
Contract: means these General Terms and Conditions of Sale and any special terms and conditions applicable to certain promotional offers. The Customer hereby waives the right to rely on any contradictory document that may conflict with the Agreement and which may therefore be unenforceable against TEO CABANEL.
Personal Data: shall mean all personal information relating to the Customer as a natural person, as entered by the Customer at the time of placing the Order.
Parties: refers jointly to TEO CABANEL and the Users of the Site.
Products: shall designate the products available for sale on the Site.
User: refers to any natural or legal person accessing the Site, whether a Customer or not.
2 - PURPOSE OF THE CGV AND CURRENT VERSION
2.1. The purpose of these GTC is to define the conditions under which Users may access the Web Site, place Orders and manage the relationship between TEO CABANEL and Users, including all rights and obligations arising therefrom.
2.2 They apply to relations between Users and between Users and TEO CABANEL. All Users undertake to comply with these GTC, without restriction or reservation, whether they visit the Site or place an Order. The GTC shall be notified to Users for acceptance prior to any Order on the Site.
2.3 TEO CABANEL reserves the right to modify these GTC at any time and without prior notice, in particular in order to take into account any legal, case law and/or technical developments. TEO CABANEL will inform the User by any means, and the User must accept the new GTC.
In any event, User's continued use of the Site after being informed of any changes to the GTCS shall constitute User's acceptance of such changes to the GTCS.
Successive versions of the GCS will be accessible from the Site.
2.4. The prevailing version of the GCS is the latest version available on the Site.
2.5. The version applicable to an Order is that in force on the date the Order is placed.
Each new Order requires acceptance of the GTC by the Customer, which the latter acknowledges and accepts.
If Users do not accept the GCS or any subsequent amendments, they must renounce all use of the Site.
2.6. The User declares that he has obtained from TEO CABANEL, prior to placing his Order, all information concerning the Products and the terms of delivery. The User declares that he is solely responsible for the choice of Products and their suitability for his needs.
2.7. The User must be a duly represented legal entity or a natural person of legal age to place an Order on the Site. Otherwise, he/she must have the authorization of his/her legal representative to place an Order, which he/she expressly acknowledges and accepts.
3 - PRICES
All prices shown on the Site are in euros and include all taxes, but exclude shipping costs, where applicable. TEO CABANEL reserves the right to change prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of the Order.
4 - PRESENTATION OF PRODUCTS
The User is informed that photographs of the Products appear on the Site, which he may consult freely.
TEO CABANEL guarantees that these photographs have been taken under industry-standard conditions with the Products themselves.
TEO CABANEL uses its best efforts to ensure that the photographs of the Products conform as closely as possible to the Products actually delivered to the Customer (in particular the color of the Products). Nevertheless, TEO CABANEL cannot guarantee that the Products will be exactly identical to the photographs, in particular due to the technical constraints involved in making the photographs available on the Site.
Furthermore, TEO CABANEL endeavors to present and describe its Products as accurately as possible. Nevertheless, TEO CABANEL cannot guarantee that all the characteristics of each Product will be communicated in full. Should the User wish to receive further information concerning a Product, he/she is invited to contact Customer Service at the following address: bonjour@teo-cabanel.com
The User declares that he/she is fully aware of the provisions of this article, and hereby expressly agrees that TEO CABANEL shall not be held liable in this respect, subject to the application of mandatory legal provisions (warranty of conformity in particular).
5 - ORDERING
The User may navigate the Site without obligation to purchase.
To place an Order, the Customer selects the Products of his/her choice on the Site and adds them to his/her virtual basket.
It is not necessary to create a personal account on the Site in order to place an Order. However, TEO CABANEL requires certain personal data from the Customer in order to process the Order.
If the Customer wishes, he/she may create a personal account enabling him/her, in particular, to track the history of his/her Orders on the Site and to retrieve the corresponding confirmations and invoices. The creation of a personal account requires the Customer to provide certain personal data.
The Customer is responsible for providing complete, up-to-date and accurate information, and TEO CABANEL cannot be held liable in this respect. The Customer is hereby informed that some of the information requested is mandatory for the proper execution of the Order placed, which the Customer expressly acknowledges.
Product descriptions are available to the Customer on the Site, which the Customer accepts and acknowledges.
Once the Order has been finalized, TEO CABANEL will confirm acceptance by sending an e-mail to the Customer at the address indicated in the Order.
The Order shall be validated once payment has been made in full and received by TEO CABANEL.
TEO CABANEL will send the Customer an invoice by email to the address provided at the time of the Order. The Customer is advised to save or print the invoice and retain it.
TEO CABANEL undertakes to honour validated Orders while stocks last.
In the event of unavailability of one or more Products after the Order has been placed, the Customer will be notified by e-mail.
The Customer will have the option of being refunded the amount corresponding to the unavailable Products, or of being delivered when the Products concerned are once again in stock (unless definitively withdrawn from the catalog).
In any event, TEO CABANEL shall not be liable for any loss or damage suffered by the Customer.
TEO CABANEL may modify the range of products offered for sale on the Site at any time, without prejudice to any Orders placed by the Customer.
6 - DELIVERY
Delivery charges will be specified on the Site, inclusive of all taxes, during the Order process and must be accepted by the Customer at the time the Order is validated.
They will appear on a separate line from the price of the Products.
It is expressly specified that the amount of delivery charges may vary according to the territory in which the Products are delivered, which the Customer expressly acknowledges and accepts.
Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.
Pursuant to Article L. 216-1 of the French Consumer Code, the Parties agree that the Products will be delivered within the timeframe specified during the Product Order process and prior to the validation of said Order. Delivery times are also specified in the Order confirmation e-mail sent to the Customer.
Delivery times include the preparation and dispatch of the Order, as well as the time it takes for the Products to reach the delivery point (the Customer's postal address or delivery point).
If the Site does not specify a delivery time for the Products, TEO CABANEL undertakes to deliver them within a maximum of 30 (thirty) days from the date of the Order validation email sent to the Customer by TEO CABANEL. In this case, the Products concerned will be delivered within the period indicated on the Site and reiterated at the time of the order.
However, since TEO CABANEL uses external service providers (carriers, postal services, etc.) to deliver the Products, TEO CABANEL is totally dependent on these third-party service providers. The delivery times indicated on the Site may therefore be affected by the service providers without TEO CABANEL being liable for such delays in delivery and the consequences thereof.
Where delivery is made against a signature, the latter is proof of receipt of the parcel. The transfer of risk and responsibility for the Products takes place on receipt of the Products by the Customer. From this date onwards, the Customer shall be solely and exclusively responsible for them, as well as for their use and any consequences that may arise therefrom.
Consequently, the Customer undertakes to check, at the time of delivery, that the order delivered is complete, compliant and has not been damaged. If this is not the case, the Customer undertakes to refuse to accept the Order and to sign any supporting documents.
Any Order received against signature by the Customer shall be deemed to be compliant, complete and in perfect condition at the time of delivery.
7 - PAYMENT
The TEO CABANEL website accepts Visa, Master Card and American Express via the Shopify Payments platform. The terms of payment for the Shopify Payments platform are specific to this service provider and are accessible on the Shopify website: www.shopify.com
Payments will be secured by a data encryption procedure to prevent interception of this information by a third party. In accordance with current regulations, Members' bank details are not stored by the Seller.
The Vendor cannot be held responsible for any fraudulent use of the means of payment used.
8 - RETURN POLICY
Pursuant to Articles L.221-5 et seq. of the French Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging, with its cellophane and in perfect condition (any product that is damaged, incomplete, damaged or whose packaging has deteriorated will not be taken back), to request a refund without penalty.
The Customer must therefore place the undamaged packaging containing the product in suitable packaging to which the return label will be affixed, before sending it by post. The Customer must also enclose a copy of the invoice or any other element enabling the Order and its owner to be identified.
The Product is returned at the Customer's risk. If the package is lost, stolen or damaged when the Product is returned, TEO CABANEL reserves the right to refuse to refund the returned Product(s).
Only the Customer identified as such to TEO CABANEL may exercise this right, to the exclusion of any other person, and in particular the recipient of the delivery. The return address is: TEO CABANEL, 23 boulevard du Général Leclerc, 77300 Fontainebleau.
9 - PERSONAL DATA
9.1. Personal data is collected by TEO CABANEL when an Order is placed or when a personal account is created by the Customer. The creation of a personal account is not mandatory in order to place an Order on the Site, as the Customer may place an Order as a "guest".
In addition, personal data is collected via cookies. This type of data collection is described in article 9.2 below.
When placing an Order, certain personal data must be entered by the Customer and collected by TEO CABANEL. These include the Customer's surname, first name, e-mail address, postal address and telephone number. The same personal data is required for the creation of a personal account.
This personal data is processed automatically for the purposes of managing the Order and TEO CABANEL's customer database, as well as for commercial prospecting and statistical purposes.
It may be transmitted to TEO CABANEL's commercial partners who contribute to the delivery of Products and the processing of payments, solely for this purpose, which the Customer expressly acknowledges and accepts.
In addition, as part of the online payment services used by TEO CABANEL, these services collect certain personal data belonging to Customers on behalf of TEO CABANEL.
The said data is kept for the period necessary for the purposes for which it is collected and processed, i.e. for the completion of the Order placed by the Customer, unless :
- a longer retention period is authorized or imposed by a legal or regulatory provision;
- the Customer has exercised one of his/her legal rights under the conditions set out below.
In addition, where the Customer has created a personal account, the personal data communicated for this purpose is retained until the account is deleted, which may be requested from TEO CABANEL under the conditions described below.
Subject to the Customer's express acceptance by means of checkboxes, the Customer's email address may also be used by TEO CABANEL for the purposes of registering and sending a newsletter and/or transmitting promotional offers.
Should the Customer no longer wish to receive newsletters and/or promotional offers, he/she may modify his/her choice by contacting TEO CABANEL under the conditions set out below or by using the unsubscribe links provided in the messages.
Access to personal data is strictly limited to TEO CABANEL employees authorized to process such data by virtue of their position. The information collected may be communicated to third parties bound to TEO CABANEL by contract for the performance of subcontracted tasks necessary for the management of the Order, without the Customer's authorization being required. It is specified that, in the performance of their services, third parties have only limited access to the data and are contractually obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, TEO CABANEL undertakes not to sell, rent, transfer or give access to third parties to data without the Customer's prior consent, unless compelled to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defense, etc.).
In accordance with the applicable legal and regulatory provisions, in particular Act no. 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms and European Regulation no. 2016/679/EU of April 27, 2016, the User has the right to access, rectify, port and delete his/her data or to limit the processing. He may also, on legitimate grounds, object to the processing of data concerning him.
The User may also request that personal data which is inaccurate, incomplete, equivocal or out-of-date be rectified, completed, clarified, updated or deleted. The User's personal data will also be deleted if the User expressly withdraws his or her consent to the collection and processing of his or her personal data, subject to TEO CABANEL's legal obligations. The User may also, under the right to portability of his personal data, retrieve those concerning him for his personal use, or request that they be transferred to a third party, if this is technically feasible. Each User may also object, on legitimate grounds, to the processing of data concerning him or her, and request the limitation of data processing.
To exercise these rights, the User should send a request to the following postal address: TEO CABANEL, 23 boulevard du Général Leclerc, 77300 Fontainebleau, France, or by e-mail to bonjour@teo-cabanel.com, stating the User's full name. TEO CABANEL may ask the User to prove his identity by enclosing with his request any necessary document, in particular a copy of his identity card or passport.
TEO CABANEL will use its best endeavors to process requests for Users' personal data.
In the event of a security breach on the Site or the loss of personal data relating to Users, TEO CABANEL will inform them by e-mail in accordance with the applicable legal provisions. TEO CABANEL will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure the security of the data.
Users also have the right to lodge a complaint with the national supervisory authority, the CNIL.
To obtain more information about their rights, Users may click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.
TEO CABANEL may use cookies on the Site. This is an automatic tracking process that records information relating to browsing on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site.
Cookies installed by TEO CABANEL are deleted from the customer's computer terminal after 13 months.
Users may refuse to accept cookies and/or delete them by following the procedure indicated on their browser.
In this respect, TEO CABANEL obtains the express consent of Users to the use of these cookies and uses them in accordance with legal provisions, including in particular the General Regulation on the Protection of Personal Data.
TEO CABANEL uses these cookies solely to establish connection statistics and browsing histories for Users.
10 - INTELLECTUAL PROPERTY
Without this list being exhaustive, the "TEO CABANEL" brand and its derivatives and variations, logos, graphic charter, layout, information, presentation and content of the Site are the exclusive property of TEO CABANEL.
The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) relating to the Site are also protected by all intellectual property rights or database producers' rights in force, of which TEO CABANEL is the sole owner or holder of the rights. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written consent of TEO CABANEL are strictly prohibited and may be subject to legal action.
Any reproduction or representation, in whole or in part, of the Site or its component parts, such as, but not limited to, trademarks, logos, graphics, layout, information, presentation and content, is prohibited.
Browsing the Site does not imply any transfer of intellectual property rights to the User. TEO CABANEL grants the User the right to access and consult the Site only in accordance with the terms and conditions set out in these GTC.
11 - LIMITATION OF LIABILITY
11.1 TEO CABANEL shall not be liable for any damages whatsoever resulting from the use of the Site or the Ordering of Products, in particular any damage to the reputation and image of the Customer, or any loss of data which may arise from the use of the Site.
In the event that TEO CABANEL's liability is established and upheld as a result of damage suffered by the Customer and exclusively to TEO CABANEL, such liability shall be limited to the amount of the Order paid by the Customer to TEO CABANEL.
11.2. The User acknowledges that use of the Website is at the User's own risk. The Website is provided "as is" and is accessible without any guarantee of availability or regularity.
TEO CABANEL will use its best efforts to ensure that the Site is accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond TEO CABANEL's control and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network or malicious acts or any damage to TEO CABANEL's hardware or software.
11.3 TEO CABANEL shall under no circumstances be held liable for any interruption of all or part of the Website, regardless of the cause, duration or frequency of such interruption.
11.4. Although the Site is equipped with the technology currently required for access and use, the presence of viruses or other harmful elements, introduced by any means or by any third party, which may cause alterations to the User's computer systems, cannot be excluded.
TEO CABANEL makes no warranties, express or implied, as to the operation of the Site, including any technical problems that may arise.
TEO CABANEL reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered, as well as the right to eliminate, limit, suspend or prohibit access thereto, temporarily or permanently.
11.5. TEO CABANEL shall not be held liable for the performance of its obligations under these GTS if the failure to perform its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts and Article 1218 of the Civil Code, or to any other event that was not reasonably under the exclusive control of TEO CABANEL.
It is agreed that in the event that TEO CABANEL's liability is called into question, regardless of the basis and/or nature of the action, only direct and foreseeable damage may give rise to compensation. Any indirect, consequential and/or incidental damages, such as, for example, a commercial disturbance, loss of clientele, etc., will not entitle the User to compensation.
In any event, TEO CABANEL's liability for any damage caused to the Customer for any reason whatsoever is expressly limited and shall in no event exceed the total amount, exclusive of tax, of the Customer's Order placed hereunder.
11.6. The Customer undertakes to use the Products in strict accordance with the instructions for use provided by TEO CABANEL. TEO CABANEL shall not be held liable for any improper use of the Products by the Customer or any third party.
12 - LEGAL WARRANTY
In accordance with the provisions of the French Consumer Code, the Products marketed on the Site benefit from legal warranties, i.e. the warranty of conformity (Articles L.217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code), allowing Customers to return defective and non-compliant Products free of charge.
12.1 Warranty against hidden defects.
In accordance with Articles 1641 et seq. of the French Civil Code, TEO CABANEL is liable for any hidden defects in the Products sold which render them unsuitable for or significantly affect their intended use. The Customer may bring an action on the basis of a latent defect within two years of discovery of the defect.
Under the legal warranty for latent defects, TEO CABANEL will, at the Customer's option, after assessing the defect, either :
- refund the full price of the Product concerned ;
- refund part of the price of the Product if the Customer decides to keep it.
12.2. Legal warranty of conformity.
In accordance with Articles L.217-4 et seq. of the French Consumer Code, TEO CABANEL is required to deliver Products that comply with each Customer's Order, namely:
- Products corresponding to the description given by TEO CABANEL ;
- Products with the qualities that the Customer may legitimately expect in the light of TEO CABANEL's representations.
The Customer may bring an action on the basis of a lack of conformity within two years of delivery of the Products, it being understood that any lack of conformity appearing within two years of delivery is deemed to have existed from the time of delivery.
Under the legal warranty of conformity, TEO CABANEL, at the Customer's option, undertakes, after assessing the defect, either :
- refund the price of the Product in question; - exchange the Product for one that conforms to the Order, if possible.
13 - COMPLAINTS & INFORMATION
Any complaint or request for information relating to these GTS must be sent to Customer Service by e-mail to the following address: bonjour@teo-cabanel.com.
14 - MISCELLANEOUS PROVISIONS
14.1. Partial invalidity
If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
14.2. Non-waiver
The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTS shall not be construed as a waiver of the obligation in question for the future.
14.3. Mediation
In the event of any dispute relating to an Order, the Customer shall first contact TEO CABANEL, in order to find an amicable solution, by email to bonjour@teo-cabanel.com.
Referral to the mediator may only be made after the Customer has first approached TEO CABANEL in writing.
In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
14.4. Applicable law and jurisdiction
These GCS are governed by French law, unless otherwise stipulated.
In the absence of an amicable solution, and whatever the origin of the dispute, any litigation relating to the execution or interpretation of these GTS will be submitted to the competent courts of Paris, unless otherwise stipulated. For all practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.
Effective date of these GTC: May 30, 2018
Date of last update: September 30, 2023
