We are delighted to welcome you to our website (hereafter referred to as the “Site.”) This Site is a website for the purposes of sharing information and entering into electronic commerce, which can be accessed via the internet by any user (hereafter referred to as the “Customer”), on which the company LES TISSAGES DE SAINT JEAN DE LUZ SARL (hereafter referred to as “Tissage de Luz” offers clothing and accessories for sale under the Tissage de Luz brand.
Where and to the extent that these general terms and conditions of sale apply, it is agreed that Tissage de Luz and the Customer shall collectively be referred to as the “Parties.”
Any order for any product offered via the Site is subject to the Customer having reviewed and accepted these general terms and Conditions. Accordingly, orders cannot be submitted without the Customer having ticked the box stating that “I confirm that I have read these general terms and conditions of sale, which I accept.”
Accordingly, by placing an order, the Customer is deemed to have agreed to these terms and conditions in their entirety without reservation.
Tissage de Luz reserves the right to amend the content of these terms and conditions at any time without notice.
It is agreed that these general terms and conditions of sale shall remain valid, notwithstanding any modifications made, for all orders in progress at the time that such modifications are made. If any term is omitted from these general terms and conditions, it shall be deemed governed by custom and practice and the laws of France governing distance selling.
If one or more provisions of these general terms and conditions of sale are invalid or are declared to be invalid as a result of the application of any law or regulation or the decision of any court or tribunal of competent jurisdiction, the other provisions shall remain in full force and effect.
The Customer shall be entitled to save or print these general terms and conditions of sale, provided that they shall not in any event be modified in any way. Subject These general terms and conditions of sale, governing the sale of “Tissage de Luz” products on the Site by LES TISSAGES DE SAINT JEAN DE LUZ SARL, a company with paid up share capital of €64,029, of, 83 Rue Gambetta 64500 ST JEAN DE LUZ, registered on the Bayonne Register of Companies under company number Bayonne B 382 297 992 (hereafter referred to as “Tissage de Luz”) to all natural persons, of age and having legal capacity, dealing otherwise than in the course of business, hereafter referred to as the “Customer”.
Products offered for sale by Tissage de Luz are those that are featured on the Site on the day that the Site is visited by the Customer, subject to stock availability, for sale in the following countries and territories:
· Czech Republic
· French Overseas Departments
· French Overseas Territories
· Metropolitan France
· United Kingdom
· United States
In the event that any product is unavailable, the Customer shall be notified by e-mail without delay.
Prices are stated in euro, inclusive of all taxes, and, for the relevant territories, exclusive of postage and packing charges, which shall be notified to the Customer upon submission of the order.
Prices shall remain valid for the duration of the validity period set out in the offer for sale. They shall be determined on the basis of prevailing economic conditions at the time that the offer for sale is made. They may be revised or changed at any time. Such changes, excluding those relating to fiscal and ancillary taxation, shall apply only to orders that are submitted subsequent to such change being made. Any and all orders placed and delivered outside France may be subject to taxation and/or customs fees upon their arrival at their destination. Such customs charges and/or taxes related to the delivery of the order shall be paid by the Customer and the Customer remains solely responsible for such charges and/or taxes. Tissage de Luz shall not be under any obligation to verify the charges and/or taxes that are due in the destination country, nor to inform the Customer thereof.
Automated order recording systems shall be deemed to provide prima facie, rebuttable proof of the nature, content, and date of the order.
Acceptance of any order shall be deemed to be a definitive, non-revocable acceptance of the order that may not be revoked except to the extent specified in these general terms and conditions of sale and by the law. The Customer acknowledges having reviewed, at the time of placing the order, of the specific terms and conditions of sale set out in these terms and conditions, and expressly affirms having accepted such terms and conditions without reserve. The order shall not be processed until the Customer’s payment, made on the Site, has been confirmed. The BANQUE POPULAIRE DU SUD OUEST (The People’s Bank of the South West) shall notify the Customer of the processing of the order and confirmation of the payment by way of an e-mail sent to the address provided by the Customer. Upon payment being made, a document summarising the order shall be sent by Tissage de Luz to the Customer, by electronic mail to the specified e-mail address immediately following such payment and in any event no later than the time of delivery of the order. This document shall be deemed to be proof of receipt of the Customer’s order, and shall constitute the entire list of items within the scope of the agreement formed between the Parties. The Customer shall be entitled to print out the summary order note sent by e-mail. The Customer may track the progress of his or her order on the Site in the “My Account” section or contact the customer service team by e-mail at firstname.lastname@example.org for any questions relating to his or her order.
Tissage de Luz reserves the right to cancel the order of any Customer with whom there is a dispute relating to the payment of a prior order, and/or in the event that any product ordered is unavailable. Where a product is unavailable, Tissage de Luz shall notify the Customer by electronic mail without delay and shall refund the price invoiced by way of a credit to the Customer’s bankcard or PayPal account.
Information provided by the Customer upon placing the order shall be binding upon the Customer. In the event of any error in the recipient’s address, Tissage de Luz shall not be held liable for any consequences thereby arising. Delivery charges by parcel post
Tissage de Luz disclaims any liability in the event that any scheduled delivery date is not met where such delay is due to the postal network or courier. Title in any goods ordered shall not pass to the Customer until the entire amount invoiced is paid, including any delivery charges. Claims and complaints In the event of any damaged or missing items upon delivery, the Customer shall submit a claim by registered letter with proof of delivery to our customer service team at the following address: Tissage de Luz, 83 Rue Gambetta 64500 ST JEAN DE LUZ, France, within three days of receipt of the products ordered. The Customer shall further raise a claim with the courier, setting out a clear, precise, and detailed description of the issues, specifying any apparent discrepancy with the delivery note noticed upon receipt of the goods, failing which the Customer shall not be entitled to any compensation. In the event of a total loss, the Customer shall submit the same claim to our customer service team. In the event of any discrepancy between the product as delivered and as ordered, the product may be rejected, without additional cost to the Customer, or returned to our customer service team, undamaged and in its original packaging, whereupon it shall be exchanged without additional charge to the customer. Right of withdrawal In accordance with article L 121-20 of the Consumer Code, the Customer shall be entitled to a period of fourteen working days from receipt of the products to return the products as ordered, at the Customer’s own cost, if the Customer is dissatisfied for any reason.
Only products that are in perfect, unused condition, labelled, unwashed, and in their original packaging will be accepted. Returned products shall be sent to Tissage de Luz, 300 route de Cambo 64250 ESPELETTE, France. In no circumstances shall returned products be accepted in store. If the Customer complies with the conditions as set out above, a refund shall be made within a period of thirty (30) days from the date upon which Tissage de Luz receives the package, in the amount of the costs paid by the Customer excluding any return postage charges and/or import tax or customs duty as set out in the Pricing clause.
Any claim submitted after the period of seven (14) days, excluding any claim brought under the legal warranties given by Tissage de Luz, shall be rejected and Tissage de Luz shall be under no further liability. Secure Payment Payment shall be made, except where the server is unavailable, immediately via the internet, by way of a payment card issued in France or elsewhere by Carte Bleue, Visa or Eurocard/MasterCard via the website of our banking partner, Banque Populaire du Sud Ouest.
Tissage de Luz reserves the right to reject any order or to refuse delivery in the event of any existing dispute with the Customer, in the event of non-payment of any previous order placed by the Customer (whether in whole or in part), in the event that any banking provider refuses to authorise payment via the card, or in the event of any non-payment, in whole or in part. In no event shall Tissage de Luz be held liable for such rejection or refusal. The card transaction performed between the Customer’s computer and the secure online payment system Banque Populaire du Sud Ouest’s partner is fully encrypted and protected via the SSL (Secure Socket Layer) process.
Liability and Force Majeure
At all stages of access to the Site, during the order process, and in relation to the delivery of goods, Tissage de Luz’s obligations under this agreement shall be limited to the use of reasonable endeavours. Tissage de Luz shall not be held liable for any damages due to the inherent risks of using the internet, including without limitation any service outages, any external attacks, or any virus infection. Tissage de Luz shall not be held liable any failure to perform its obligations under this agreement, whether in whole or in part, if such failure is attributable to an event of force majeure or a similar event, including without limitation any event of disruption or strike (including without limitation to the postal service or transportation or communications networks), fire, flood, or any other event outside its control. In the event that deliveries are suspended for a period exceeding thirty (30) days due to force majeure or any similar event, Tissage de Luz reserves the right to decline to honour the order, provided that it shall refund the Customer within thirty (30) days following cancellation of the order. Data Processing and Personal Freedom All text, comments, photos, brands, graphics, concepts, illustrations and images forming part of the Site are the sole and exclusive property of Tissage de Luz and are protected by intellectual property rights in France and worldwide. Any reproduction of the Site, in whole or in part, is strictly prohibited. It shall be mandatory to provide personally identifying information for the purposes of distance selling as such information is vital to ensure the proper processing and delivery of orders and the raising of invoices. Any order where such information is missing shall be void. In order to make a purchase on the Site, the Customer must create an account and select an e-mail address and a password that the Customer shall be requested to provide on each occasion that the account is accessed. The Customer’s personal information is thus protected by a password such that the Customer, and the Customer alone, is able to access it. Tissage de Luz recommends that the Customer should not disclose such username and password to any person. The Customer shall moreover log out of the account and close the browser window following each login session, particularly where the Customer is making use of a shared device, thereby restricting access of other users to the Customer’s personal information. The Customer is solely responsible for his or her password, and shall bear all risks arising from any fraudulent use of his or her password. In accordance with the law on “Data Processing and Personal Freedom” of 6 January 1978, a declaration has been made to the National Commission on Data Processing and Personal Freedom (“CNIL”) in respect of the processing of personally identifiable information relating to Customers. In accordance with Article 34 of the Law of 6 January 1978, the Customer has the right to access, modify, rectify, and delete data relating to him or her, and may exercise such right via Tissage de Luz by sending an e-mail to the following address: email@example.com Moreover, Tissage de Luz undertakes to disclose, whether for consideration or otherwise, the personal data of its Customers to any third party, save that it may use such personal data for its own purposes or for those of any company within the same group of companies.
Applicable documents and jurisdiction These general terms and conditions of sale and the order confirmation sent to the Customer form a single, coherent document and constitute the entire agreement between the Parties. Any claims or disputes shall at all times be dealt with amicably, good faith being at all times imputed to the Party setting out any issues. In the event of any dispute, the Customer shall approach Tissage de Luz without delay in order to reach an amicable resolution.
This agreement is subject to French law. In the event that no amicable resolution is reached, the French courts shall have exclusive jurisdiction.