It must be noted that per Article 17: Language - In the event of a translation of the GTC in one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute as to the meaning of a term or provision.
The website www.tajinebanane.fr (hereinafter referred to as the " Site ") is an e-commerce platform, which allows Internet users (hereinafter referred to as the " Purchasers ") to acquire various products, in particular nursing and children's clothing and gift cards allowing a purchase on the Site for one (1) year (hereinafter referred to as the " Products "), offered for sale on the Site by the company TAJINEBANANE (hereinafter referred to as the " Vendor "), whose identity is set out below. Buyers may purchase the Products by placing an order via theSite (hereinafter referred to as the " Order ").
These General Terms and Conditions of Sale (hereinafter referred to as "the Terms and Conditions") apply without restriction or reservation to all online sales offered on the Site by the Seller.
Their purpose is to define and frame the terms and conditions of online sales of Products, as well as the rights and obligations of the Seller and Buyers in this context.
They are accessible and printable at any time by a direct link at the bottom of each page of the Site.
The current version of the Terms and Conditions of Sale is the one that can be consulted online on the Site on the date of the Buyer's Order.
The Terms and Conditions of Sale prevail over any other general or special conditions not expressly approved by the Seller.
The Site is operated by the Seller, namely:
The company TAJINEBANANE, a limited liability company with a share capital of 1,000 euros and whose registered office is located at the following address: 34 cours d'Alsace et Lorraine - 33000 Bordeaux, registered with the Trade and Companies Register of Bordeaux under the number 845 185 867.
Email address: email@example.com
In the event of a complaint, the Buyer may contact the Seller at the following email address: firstname.lastname@example.org
Acceptance of the GTC by the Buyer is materialized by a checkbox in the Order form. Any conditional acceptance shall be considered null and void. The Buyer who does not accept to be bound by the GCS cannot place an Order on the Site.
Before any Order, and in application in particular of the provisions of article L111-1 of the Consumer Code, the Purchaser may read, on the Site, the essential characteristics of each Product they wish to order.
The Products are offered for sale online within the limits of available stocks, or subject to the possibility of pre-ordering them if necessary.
The photographs and descriptions of the Products offered for sale online are only binding on the Vendor for what is precisely indicated.
For any additional questions relating to the Products, the Buyer may contact the Vendor under the conditions of article 2 of the General Terms and Conditions of Sale.
5.1 Price display
The sales prices of the Products are displayed on the Site, before the Order, in the summary of the Order and in the Order confirmation email.
They are indicated in euros, excluding tax on the Product presentation page and all taxes included (French VAT and other applicable taxes) in the basket before the Order.
The Seller reserves the right, at their own discretion and according to terms and conditions of which they shall be the sole judge, to propose promotional offers or price reductions.
Prices do not include any delivery charges that may be applicable to the delivery of the Products, invoiced in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before the validation of the Order by the Buyer.
Prices do not include possible customs duties and local taxes that may be payable depending on the case, particularly in the case of purchases outside the European Union and in the French overseas departments and territories. They will be charged to the Buyer and are the Buyer's responsibility (in particular declarations, payment to the competent authorities).
Any bank charges remain the responsibility of the Buyer (including in the case of a refund).
With regard to the gift card offered on the Site, it allows a purchase on the Site at the amounts indicated. The gift card may be reimbursed within two months of its purchase provided it has not been used.
5.2 Price revision
The Seller reserves the right to modify the prices of the Products at any time, at their own discretion.
The prices of the Products applicable are those indicated on the Site on the day of the Order.
The Buyer may place an Order for one or more Products.
6.1 Placing an Order
To place an Order, the Purchaser must select the Product(s) of his/her choice and click on "Add to Cart".
The Purchaser may access the summary of his/her Cart at any time until the Order is definitively validated and may correct any errors in the elements entered.
Once the Product(s) have been selected, the Purchaser, in his/her Cart, clicks on "Payment". They must then:
- connect to their Account or create an Account, under the conditions of article 7 of the GTC;
- choose the delivery method, under the conditions of article 9 of the GTC;
- then proceed to the payment of the Order, under the conditions of article 8 of the GTC.
At the time of the Order, the Buyer acknowledges placing an order with an obligation to pay.
When the Buyer clicks on "Continue! "on the payment page, this action constitutes the formation of a distance selling contract between the Vendor and the Buyer. As of this action, the Buyer will no longer be able to cancel their Order (subject to the exercise by the Buyer of their right of retraction under the conditions of article 9 of the General Terms and Conditions of Sale).
The Order shall be deemed to have been received by the Vendor when the latter can access it.
6.2 Order Confirmation
Once the Order has been paid for by the Buyer, the latter shall receive by email a confirmation summarising the elements of the Order, namely the description of the Product purchased and the corresponding price, as well as the expected delivery time. The confirmation email also includes a copy of the GTC in force, a mention of the applicable legal guarantees and of the withdrawal period and methods as well as the corresponding form.
The Buyer must make sure that the email address entered in their Account is correct and that it allows them to receive the Order confirmation email. In the absence of receipt of the latter within twenty-four (24) hours following the Order, the Buyer must contact the Seller at the contact details mentioned in Article 2 of the GTC.
The Vendor recommends that the Buyer keep the information contained in the Order confirmation.
The Order confirmation is deemed to have been received by the Buyer when it can be accessed.
6.3 Cancellation or suspension of Order
The Vendor reserves the right to cancel any Order if the Product is out of stock. It shall inform the Buyer by email and shall proceed, if necessary, to reimburse the full price paid by the Buyer. The Vendor may also offer the Buyer another product that is available.
The Vendor reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous Orders.
7.1 Creation and management of the Account
Placing an Order requires the Buyer to create a personal account (hereinafter referred to as " the Account ").
For the creation and management of the Account, the Buyer must provide all the information marked as mandatory, in particular his/her telephone number. The Buyer is, in this respect, informed of his or her right to register on the opposition list for telephone solicitation. Any incomplete registration will not be validated and will not give the possibility of an Order.
The Buyer guarantees that all the information he or she provides in the registration form is accurate, up to date and sincere and is not misleading.
He or she undertakes to update this information in his or her Account in the event of any changes (in particular: change of postal address), so that it always corresponds to the above-mentioned criteria. This update is carried out by connecting to the Account and modifying the relevant contact details.
The Buyer is informed and accepts that the information entered for the purpose of creating or updating his/her Account is proof of his/her identity. The information entered by the Buyer commits him/her as soon as it is validated.
The Buyer can access his/her Account at any time after having identified him/herself using his/her login and password.
The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility for it.
They are equally responsible for maintaining the confidentiality of their login and password, any access to the Account using them being deemed to be made by the Buyer. The Buyer must immediately contact the Seller at the contact details mentioned in Article 2 of the GTC if they notice that their Account has been used without their knowledge. The Buyer acknowledges the Seller's right to take all appropriate measures in such a case.
The Buyer must, moreover, take the necessary measures to safeguard by their own means the information of their Account that they deem necessary, of which no copy will be provided.
7.2 Deletion of the Account
The Buyer may delete the Account at any time, by clicking on the heading "Delete my Account" in their Account.
The unsubscription is effective immediately. It entails the automatic deletion of the Buyer's Account.
The Seller will delete any Account that has remained inactive for a continuous period of 36 (thirty-six) months.
It is specified that data and contracts will be retained for purposes such as a legal obligation to retain data or documents that may include data or for evidentiary purposes for the duration of the applicable legal statute of limitations.
8.1 Terms of payment
The totality of the price of the Products is due (in euros) at the time of the Order, when the Buyer clicks on "Continue! "on the Order's payment page.
Payment is made online by credit card (Visa/MasterCard/CB) through the PAYPLUG application, a payment service provider. In accordance with the provisions of the French Monetary and Financial Code, the payment order given by the Buyer is irrevocable and thus authorises their account to be debited with the price of the Order.
The Buyer guarantees the Vendor that they have the necessary authorisations to use the method of payment they have chosen for their Order.
The Buyer can access the invoice corresponding to their Order on their Account.
8 . 3 Retention of title
The Vendor retains full and complete ownership of the Products covered by the Order until full and complete payment of the price of the said Order, including delivery costs.
As indicated in article 6.3 of the General Terms and Conditions of Sale, the Vendor reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Buyer, in the event of a payment incident.
9.1 Territory of deliveries
Deliveries can be made in France and outside France.
9.2 Delivery methods
Delivery of Products ordered on the Site is made to the address indicated at the time of the Purchaser's Order as the "delivery address" (which may be different from the billing address, in which case the Purchaser must indicate this).
The Buyer has the choice between several modes of delivery, depending on the territory concerned:
- Mondial Relay
- GLS Flex Delivery Services
- Chronopost 13
- DHL (home)
The Buyer must select the desired delivery method and give all the information necessary for the effective delivery of the Product(s) according to this method.
The Buyer is informed, before the Order, of the possible delivery methods. They are informed, in the Order summary before payment, as well as in the Order confirmation email, of the delivery method they have chosen.
The delivery prices are those indicated in the Delivery and Returns page: tajinebanane.fr/policies/shipping-policy
The delivery price of the Order is indicated on the Site before payment of the Order and is recalled in the summary of the Order before payment, as well as in the Order confirmation email.
The delivery costs may be re-evaluated by the Vendor according to the rates applied by the carriers. The applicable delivery charges will be those indicated on the Site on the date of the Order.
9.4 Delivery times
Delivery times are those indicated on the Delivery and Returns page: tajinebanane https:// .fr/policies/shipping-policy
Delivery shall be made within the period indicated in the presentation of the Product, in the summary of the Order before payment and in the Order confirmation email.
The delivery period indicated does not take into account the time taken by the Seller to prepare the Order. In this respect, it is specified, unless otherwise stated on the Product presentation page, that Orders placed before 12:00 noon (French time, excluding Saturdays and Sundays), are shipped the same day. Failing this, they shall be dispatched on the next working day. Following the launch, restocking of a Product or special operations, the preparation time for the Order may be two (2) to five (5) working days.
The Buyer may contact the Seller for the follow-up of the Order by the contact details mentioned in article 2 of the GCT.
In the event of an Order for several items, the Seller reserves the right, at its discretion, to:
- split shipments. The delivery time indicated is the longest. In such a case, the delivery costs will only be invoiced once; or
- group the shipments, in particular when the Buyer benefits, thanks to the application of a promotional code, from a free delivery and has placed several distinct Orders for Products.
In the absence of delivery within the above-mentioned period, except in the cases mentioned in articles 13.4 and 13.5 of the General Terms and Conditions of Sale, the Buyer may cancel the Order, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having instructed the Seller, in accordance with the same terms, to make delivery within a reasonable additional period, it has not been carried out within this period.
The contract shall be deemed to be terminated upon receipt by the Seller of the letter or writing informing it of such termination, unless delivery has been made in the meantime.
In the event of termination of the contract in accordance with the above terms, the Buyer shall be refunded all sums paid by the Buyer, including delivery charges, no later than 14 (fourteen) days after the date on which the contract is terminated.
The Seller reserves the right in any event to approach the Buyer in order to offer them alternative solutions for reimbursement of the price of the Products and delivery costs. The Buyer must explicitly express their acceptance of the choice of an alternative method of reimbursement on a durable medium.
The Buyer has a period of 14 (fourteen) working days, from the date of receipt of the Products ordered, to retract without having to justify the reasons or pay any penalties, with the exception of the return costs which remain at their expense and which they will have to pay. When their Order relates to several Products delivered separately, the above deadline runs from receipt of the last Product.
The Buyer who wishes to exercise their right of withdrawal must send by post or by email to the Seller at the address mentioned in Article 2 of the GTC, before the expiry of the above deadline, the withdrawal form attached to the GTC duly completed, or a statement clearly expressing their wish to withdraw and including the order number. The Vendor shall immediately send the Buyer an acknowledgement of receipt of the withdrawal on a durable medium.
The Products must be returned under the following conditions:
- They must be returned to the following postal address: TAJINEBANANE C/O KAIROS LOGISTIQUE 19 rue de la Ferme Saint-Ladre - 95470 Saint-Witz, France, at the latest within 14 (fourteen) calendar days following the communication by the Buyer of their will to retract.
- They must be returned to the Seller preferably in their original packaging and complete (including accessories, instructions, product label), must not be washed or worn (except first fitting). They must be accompanied by a copy of the corresponding purchase invoice. The Buyer shall be deemed liable in the event of deterioration of the Products when they are returned to the Seller (in particular the presence of traces of make-up, deodorant, sweat, kitchen or perfume smell, stains).
The Buyer will be reimbursed for the full amount paid for the Order, minus any return costs, which remain the responsibility of the Buyer. This refund will take place as soon as possible and at the latest within 14 (fourteen) days from the effective recovery of the Products by the Seller or until the Buyer has provided proof of the shipment of the Products, whichever comes first.
The refund will be made using the same means of payment as that used for the initial transaction, unless the Buyer and the Seller expressly agree in writing on a different means. In any case, this refund will not incur any costs for the Buyer. The Seller is not obliged to reimburse additional costs if the Buyer has expressly chosen a more expensive method of delivery than the standard method of delivery proposed by the Seller.
The Buyer benefits from the legal guarantees of non-conformity as well as from the hidden defects of the item sold, including the defects of conformity resulting from the packaging of the Products ordered on the Site.
When acting as a legal guarantee of conformity, the Buyer:
has a period of two years from the delivery of the property to act;
can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code ;
shall be exempt from furnishing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period shall be extended to 24 months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Buyer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, they can choose between cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
11.1 Legal guarantee of conformity
If the Buyer finds that the Product delivered to him has a defect, a non-conformity or is damaged, they must inform the Seller at the contact details mentioned in Article 2 of the GTC, indicating the nature of the defect, non-conformity or damage observed and sending him any useful proof, in particular in the form of photograph(s) (it being specified that defects in conformity which appear within twenty-four months from the delivery of the Products are presumed to exist at the time of delivery, unless proven otherwise).
The Seller shall agree, with the carrier of its choice, on the terms and conditions of the return, of which it shall inform the Buyer by any useful means. The Seller will bear the costs of this return.
The Products must imperatively be returned to the Seller with a copy of the corresponding purchase invoice.
The Seller will carry out the necessary checks and will propose to the Buyer the replacement of the Product as far as possible if the defect, non-conformity or damage is proven. If it is impossible to replace the Product, the Seller will reimburse the Buyer the full price paid for the Product and the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days from the date on which the Seller has informed the Buyer that it is impossible to replace the Product. The Buyer may also decide to keep the Product and have part of the price returned.
It is reminded that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
11.2 Guarantee of hidden defects
Within the framework of the guarantee of hidden defects, the Buyer has the choice to return the Product and be refunded the price, or to keep the Product and be refunded part of the price.
11.3 Reminder of applicable legal provisions
For all practical purposes, the following legal provisions are recalled:
Article L217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is liable for defects ofconformity existing at the time of delivery. It is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when the latter has been placed at its charge by the contract or has been carried out under its responsibility .
Article L217-5 of the French Consumer Code: The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, if applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L217-12 of the French Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to them at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilisation of at least seven days is added to the remaining period of the warranty. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention .
Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them .
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be discharged from the defects or apparent lack of conformity.
12.1 Legal capacity of the Buyer
The placing of an Order is accessible:
- To any natural person with full legal capacity to commit under the GTC. Consequently, if a person who does not have legal capacity orders Products on the Site, its legal representatives (parents, guardians, in particular) will assume full responsibility for this Order.
- To any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
The Buyer acknowledges compliance with the provisions of this article.
In particular, as regards the gift card offered on the Site, this is exclusively reserved for the aforementioned natural persons.
12.2 Obligations regarding the use of the Products
The Buyer is solely responsible for the use he or she makes of the Products.
It is the Buyer's responsibility:
- to check the suitability of the Products for his or her specific needs prior to ordering the said Products;
- to use the Products in accordance with the indications given on the Product label and the instructions communicated by the Seller.
13.1 The Seller does not provide the Buyer with any guarantee as to the adaptation of the Products to their needs, expectations or constraints, other than the aforementioned guarantee of conformity.
13.2. The Seller cannot guarantee that the information on the packaging of the Products will be translated into all languages. However, this information is available at least in French.
13.3 The Seller shall not be held liable for any damage resulting from use of the Products that does not comply with the recommendations provided on the label of the Product or that does not comply with the instructions communicated by the Seller.
13 . 4 The Seller shall not be held liable for the non-execution or delay in the execution of the sales contracts due to circumstances beyond its control or a case of force majeure, it being expressly specified that are considered as cases of force majeure, in addition to those usually retained by the jurisprudence of French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, breakdowns or blockages of telecommunications networks, means of transport or postal services, including as a result of strikes, damage caused by viruses for which the means of security available on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying the GTC.
13.5 The Seller shall not be held liable for non-performance of the contract or delay in delivery if such non-performance or delay is attributable to the Buyer, in particular in the following situations:
- inaccuracy or imprecision of the delivery address provided by the Buyer in accordance with the provisions of Article 9.2 of the GCS. Thus, in the event of a new delivery following this inaccuracy or imprecision, the costs relating to this new delivery will be invoiced to the customer.
- the Buyer does not recover the parcel delivered within the time limit given to him by the carrier.
13.6 In any event, the liability that may be incurred by the Seller under the GTC is expressly limited to only proven direct damage suffered by the Buyers.
14.2. The Buyer undertakes not to infringe the intellectual property rights as mentioned in Article 10 of the General Terms and Conditions of Use.
The Seller reserves the right to insert on any page of the Site and in any communication to the Buyers any advertising or promotional messages under conditions of which the Seller shall be the sole judge.
The Seller reserves the right to modify the GTC at any time. It will put the GTC as modified online and these will apply to any Order placed after this online posting.
In the event of a translation of the GTC in one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute as to the meaning of a term or provision.
The Buyer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of the present contract which would oppose him to the Seller, under the conditions provided for in the provisions of the Consumer Code.
They can contact for this purpose the following consumer mediator:
Centre de la médiation de la consommation des conciliateurs de justice (CM2C)
14 rue Saint Jean - 75017 Paris
The Buyer, if they wish to have recourse to mediation, must justify having tried, beforehand, to resolve their dispute directly with the Seller by a written complaint according to the terms and conditions set out in Article 2 of the GTC.
The GTC are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of the GTC, the Buyer and the Seller agree that the courts of Paris shall have exclusive jurisdiction to judge.
If one or more stipulations of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
The fact that the Buyer or the Seller does not claim from the other party a breach of any of the obligations referred to in the GTC shall not be interpreted for the future as a waiver of the obligation in question.
Please complete and return this form only if you wish to withdraw from the contract.
For the attention of : TAJINEBANANE
Postal address: TAJINEBANANE C/O KAIROS LOGISTIQUE
19 rue de la Ferme Saint-Ladre - 95470 Saint-Witz, France
E-mail address : email@example.com
I hereby notify you of my withdrawal from the contract concerning the sale of the property below:
Ordered on (*) / received on (*) refunded on (*)
Name of buyer(s):
Address of buyer(s):
Signature of buyer(s):
(only if this form is notified on paper)
(*) Delete as appropriate.
Date of update of the General Terms and Conditions of Sale: 15th July 2021