ARTICLE 1 – APPLICATION SCOPE
These Terms of Sale (“TOS”) apply, without restriction or reservation, to all of the products offered for sale on the website Twentybyten.com (the “Site”). They apply exclusively in relations to the Twenty by Ten company, a simplified joint stock company registered under the Cannes trade and company register under number 881 350 763, intra-community VAT number FR14881350763, whose headquarters are located at 41, avenue Saint-Jean, residence le Brasilia C, 06400 Cannes, France, +33 (0)6 19 44 46 04 (“Twenty by Ten”) and any physical or legal person visiting or making a purchase on the Site.
The fact for a physical or legal person (the “Customer”), to make a purchase on the Site implies full acceptance of the TOS. Hence why, before any validation of the order, the Customer must consult and approve the TOS.
In the event in that a TOS change occurs, the applicable version of the TOS will be that in force at the time of the registration of the order.
The current TOS are accessible on the Site in a format allowing them to be printed or downloaded, in such a way that the Customer can keep a copy on a durable medium.
ARTICLE 2 – THE ORDERING PROCESS
2.1. The Account
Anyone can create their customer account on the Site by filling out the form on the “My Account” section.
This account is strictly personal and allows the identification of the Customer. By creating their own account, the Customer declares that they are at least eighteen (18) years old and have the legal capacity or hold parental authorization allowing them to place an order on the Site. The Customer also undertakes to communicate to Twenty by Ten the elements of information necessary to carry out the order, in particular his name, first name, address, telephone and a valid e-mail. Any Customer who opens an account is deemed to be a “Member of the Twenty by Ten community”.
Access to the Site by Customers is reserved for strictly personal use. When using the Site, the Customer declares that he is acting privately.
Any transaction carried our from the Customer’s account is deemed to have been carried out by him.
If the Customer suspects fraudulent use of his account, it is his responsibility to notify Twenty by Ten as soon as possible.
2.2 The Order
- When browsing the Site, the Customer can choose the products offered for sale (the “Products”) and place them in the cart by clicking on the “Add to cart” tab.
It is then up to the Customer to confirm his order and complete the information that will be requested from him (delivery address, delivery method, credit card number, etc.)
It is up to the Customer to ensure that the content of the cart corresponds to his wish, in particular with regard the statement relating to the essential characteristics of the Products and their price.
By clicking on the “validate” button, the Customer finalizes the order of Products appearing in his cart.
- Payment for the Product is made only by bank card or American Express on the Site, according to the information on the payment page.
Full payment of the price of the Product and the delivery costs will be debited from the bank card after checking the availability of the Product ordered. The Products will only be delivered if the payment is effective and Twenty by Ten will be released from any obligation in the absence of payment. In this regard, the Customer acknowledges that the absence of payment results in the automatic resolution of the sale.
- The placing of the order constitutes a sales contract between the Customer and Twenty by Ten, subject to the availability of the products ordered and the validity of the payment information communicated by the Client at the time of placing the order.
The information entered by the Customer when ordering and / or on their Customer Account commits the latter: in the presence of an error in this information, in particular the email address and contact details of the recipient, Twenty by Ten cannot be held responsible for the impossibility of delivering the product or a delivery made to the address indicated but which would not correspond to the address desired by the Customer. All delivery made to the address indicated by the Customer will be considered perfect.
ARTICLE 3 – THE PRICE
Deliveries of Products ordered on the Site are made in the metropolitan territory of the European Union, (including the UK) and Switzerland. The prices indicated on the Site are expressed in euros All Taxes included (TTC).
The prices are made up of the price of the products and the delivery costs:
- The applicable sales price will be that in force at the time of the registration of the order. The prices indicated on the Site do not include the delivery costs, unless otherwise stated;
- The delivery costs depend on the Products and the chosen delivery method by the Client among the delivery method chosen by the Customer from the delivery methods offered by Twenty by Ten. Unless otherwise stated, the delivery costs are applicable to each of the Products, in the event of an order covering several Products (the order of several products therefore gives rise to the payment of several deliveries, unless otherwise stated). The delivery costs are as follows:
- Free delivery from 70€ and above. Delivery fees are only offered once per order.
- Home delivery in France: € 5.90 incl. taxes
- Home delivery in Europe: € 8.90 incl. taxes
- Home delivery in the rest of the world: € 9.90 incl. taxes
The amount indicated in the order confirmation corresponding to the sum of the product price and delivery costs.
ARTICLE 4 – THE DELIVERY
Twenty by Ten delivers Products in Metropolitan France, Switzerland and the European Union (including the UK but excluding the outermost regions).
Within the seventy two (72) hours of placing the order, the products are dispatched with the delivery note, to the delivery address indicated by the Customer when ordering. The delivery cannot be made either to hotels, or to PO boxes. The delivery is made by a carrier.
From the date of shipment, delivery times are of seventy two (72) hours in mainland France, Corsica, Monaco and Andorra, and eight to ten working days in the rest of the world.
The Customer acknowledges that these time deadlines can only be met if he communicated exact and complete information concerning the delivery address (such as, in particular: street number, the designation of building and staircase, access codes, names and / or intercom numbers, etc.)
In the event of delay greater than twelve (12) working days (not related to a third party or a case of force majeure), if the product has not been dispatched, the Customer may cancel the order by registered letter with acknowledgment of receipt or by email and request reimbursement of the order.
Twenty by Ten undertakes to inform the Customer of the progress of the processing of their order.
In the presence of damaged packages, the Customer agrees to notify the carrier and Twenty by Ten, by all means, all reservations within ten (10) days of receipt of the product.
It is referred to the legal provisions of articles L. 216-1 to L. 216-6 of the Consumer Code.
ARTICLE 5 – WITHDRAWAL AND PRODUCT RETURNS
As provided for the article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) days, from the date of receipt of the order to exercise their right of withdrawal, without having to justify their decision or incur costs other than those provided for in articles L. 221-23 to L. 221-25.
The right of withdrawal must be exercised with Twenty by Ten by sending the withdrawal form in accordance with article L. 221-21 of the Consumer Code to the address of the Twenty by Ten headquarters (a model is attached).
The product must be returned by post, preferably with delivery against signature, to the address of the Twenty by Ten headquarters.
The Customer must send the returned Product to this address within fourteen (14) days of sending the withdrawal form. Return costs will be borne exclusively by the Customer. Twenty by Ten is not responsible for lost returns.
The Customer’s attention is drawn to the fact that the delivery points in “Point Relais” have the exclusive mission of allowing the withdrawal of the goods ordered by the Customer and are not authorized to take the Products in return, except for by Twenty by Ten’s agreement in that sense.
The Product thus returned must arrive in perfect condition for resale, without any trace of use, with its accessories, labels and original packaging. The conformity of this return will be checked and validated upon receipt.
Upon receipt of the returned Product, Twenty by Ten will reimburse the sums paid by the Customer, or, if the Customer accepts it, the issuance of a voucher corresponding to the sums he has paid, being clarified that in both cases, the return costs remain the responsibility of the Customer.
In the event of a partial return of an order, the amount of the refund or the voucher will only include the price of the products concerned.
ARTICLE 6 – GUARANTEE
The Customer benefits from the legal guarantee of conformity provided for in article L. 217-4 and following of the Consumer Code.
If the Customer finds that the Products delivered do not comply with the Products ordered, he would be entitled, within twenty four (24) months of receipt of the goods, to make a connection with Twenty by Ten, to the address of the headquarters of the company or at the following email email@example.com in order to inform Twenty by Ten of his will to assert the legal guarantee of conformity. The Customer must then (i) return the non-conforming Products, at his expense so that Twenty by Ten can verify the existence of the lack of conformity and (ii) indicate the option chosen, if the non-conformity of the Product should be proven.
- Request a refund of the price of the non-conforming Products;
- Request a replacement of the non-conforming Product with an identical Product (to the extent and subject to its availability).
Twenty by Ten will provide a response to the Customer within fifteen (15) working days upon the restitution of the Product and, if the Customer’s request is accepted, will send, within five working days of its response, either a refund, or a Product of replacement (to the extent and subject to availability).
Independently of the provisions relating to the guarantee of conformity, the Customer is informed of the existence of other legal guarantees provided for in the articles 1641 to 1648 and 2232 of the Civil Code.
In accordance with the article L. 217-15 of the French Consumer code, legal provisions relating to sales law are reproduced below:
Article L. 217-4 of the French Consumer code
The seller delivers a product in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the French Consumer code
The product complies with the contract:
1 ° If it is suitable for the use normally expected of a similar item and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter 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 declarations made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
Article L. 217-12 of the French Consumer code
Action resulting from defects in conformity after two years from the date of delivery of the article.
Article L. 217-16 of the French Consumer code
When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run.
This period runs from the buyer’s intervention request or the provision for repair of the goods in question, if this provision is subsequent to the intervention request.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the good sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lower price for it, if he had known them.
Article 1648 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. […]
It is specified, for all practical purposes, that the legal guarantees cannot allow the Customer to claim the right to one of the measures described in the second paragraph of this article or the benefit of the above articles reproduced above in the event of natural wear and tear of the Product, of misuse, of use not in conformity with the use for which the Product is intended, of defect or specificity mentioned in the description of the Product, of defect related to the absence of maintenance or maintenance not in accordance with the manufacturer’s instructions, defect linked to a modification of the product which occurred after its delivery (etc).
The Customer’s attention is drawn to the fact that Twenty by Ten is not the manufacturer of the Products within the meaning of Law No. 98-389 of May 19, 1998 relating to liability for defective products. Damage caused to a person or property due to a defect in the Product is likely to engage only the responsibility of the manufacturer; the Customer must then refer to the information appearing on the packaging of the Product concerned.
ARTICLE 7 – INTELLECTUAL PROPERTY
Twenty by Ten is the holder of all intellectual property rights and / or operating rights to the Site, its content and the elements constituting it, in particular under copyright, database law, trademark law, and design law.
The Customer has the right to consult the data and information present on the Site; it can only be used for strictly private use.
Any other use of the Site, in particular for commercial purposes, on the part of the Customer, is prohibited. The Client specifically refrains from reproducing and / or representing for any use other than private, from selling, distributing, transmitting, translating, adapting, distributing and communicating in any form whatsoever, any element, information, or data from the Site.
In addition, the Customer agrees not to introduce, by any means whatsoever, data likely to modify or affect the content or presentation of the Site.
ARTICLE 8 – PERSONAL DATA
These General Terms and Conditions are subject to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as those of law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and any other applicable regulations in the matter which would complement or replace them.
The nominative information and personal data concerning the Customer are necessary for the management of his orders and for the relations between Twenty by Ten and this one.
The Customer’s attention is drawn to the fact that this information may be transmitted to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment. These companies can act in this regard only on the instruction of Twenty by Ten.
Twenty by Ten must ensure the security and confidentiality of the personal data of its Customers, in order to comply with legal and regulatory obligations. This personal data can be used by Twenty by Ten in order to send promotional offers to the Customer, for statistical purposes and to combat fraud, for the legitimate interest of commercial development, technical improvement of its systems and the knowledge of its Customers and sending newsletters.
The Customer retains the possibility of unsubscribing from newsletters at any time by clicking on the link in the emails sent to him.
In accordance with Law No. 78-17 of January 6, 1978 and Regulation No. 2016/679 of April 27, 2016, the Customer has rights of access, rectification, erasure, limitation, opposition and limitation of the processing of personal data. He also has the right to object to the portability of this data.
To this end, any Customer can make their request by mail (Twenty by Ten, 41, avenue Saint-Jean, residence le Brasilia C, 06400 Cannes) or email (firstname.lastname@example.org), by (i) specifying the nature of his request, (ii) mentioning his customer account number and (iii) attaching a copy of an identity document.
If he considers that his personal data is not being processed in accordance with applicable laws and regulations, any Customer may file a complaint with the National Commission for Data Protection (CNIL), the supervisory authority responsible for questions relating to the processing of personal data. The CNIL can be contacted by post at 3, place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, by telephone on 01 53 73 22 22, and on its website: www.cnil.fr.
ARTICLE 9 – COOKIES
Most browsers accept cookies unless the Customer has changed the settings so that cookies are not accepted. By browsing the Twenty by Ten website, the Customer accepts that cookies are used in accordance with this policy. If the Customer refuses, he can deactivate cookies in his browser. The Customer’s attention is drawn to the fact that such deactivation may affect the conditions of navigation on the site www.twentybyten.com.
ARTICLE 10 – VARIOUS
The fact for one or the other of the parties not to require from its counterpart the performance of an obligation arising from these TOS cannot constitute a waiver of availing itself of it.
The cancellation of a clause of these TOS has no influence on the validity of the other clauses.
ARTICLE 11 – APPLICABLE RIGHT – LITIGATIONS – CLAIM
Orders placed through the Site are subject to French law.
Any Customer wishing to submit a complaint must address it to the email address email@example.com indicating (i) the reference of the order and its date, (ii) the circumstances of the complaint (iii) the subject of its complaint, (iv) the remedy requested. Where applicable, in order for their complaint to be dealt with effectively, the attention of Customers is drawn to the need to comply with article 6 (“Guarantee”) of these TOS.
Customer service will respond to the complaint as soon as possible.
Subject to the appreciation of the Courts, compliance with the provisions of the TOS relating to the contractual guarantee supposes that the Customer honors his financial commitments to Twenty by Ten.
Any dispute that cannot be resolved amicably will be submitted to the competent courts.
The Customer’s attention is drawn to the possibility of entering a consumption mediator in accordance with article L. 612-1 of the Consumer Code. The list of mediators may be found on the following site: https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references.
The Customer’s attention is also drawn to the existence of a platform relating to online dispute resolution as follows: http://ec.europa.eu/consumers/odr. This platform is a one-stop shop for settling disputes out of court relating to online sales or service contracts concluded between consumers and professionals.