Terms of sale
ARTICLE 1/ IDENTIFICATION
These Terms of Sale (hereinafter after referred to as "ToS") govern sales between, on the one hand, the non-commercial physical entity, the customer (hereinafter referred to as "You") and secondly the Company Technisynthèse, (hereinafter referred to as " Technisynthèse”), via its remote sales website for footwear and clothes (hereinafter referred to as the "PRODUCTS"), having the web address http://www.tbs1978.com/en/ (hereinafter referred to as the "WEBSITE").
The website is operated by the company Technisynthèse, a limited liability company whose trade name is TBS, with a capital of 5 370 000,00euros whose registered office is located at SAINT PIERRE MONTLIMART – 49111 MONTREVAULT-SUR-EVRE – FRANCE registered with the Registrar of Companies in Angers under number 302 135 256, hereinafter referred to as "Technisynthèse". These Terms exclusively concern physical customers.
ARTICLE 2/ORDER
You declare to have read the Terms of Sale and accepted them by checking the "Continue with order, I have read and accepted the Terms of Sale" before completion of the online buying procedure (hereinafter referred to as the "ORDER"). These Terms may be subject to subsequent changes; the version applicable to your purchase is that in force on the WEBSITE at the date you place your ORDER. You declare to have read the ToS and accepted them by checking the "Continue with order, I have read and accepted the Terms of Sale" before completion of the online buying procedure (hereinafter referred to as the "ORDER"). These Terms may be subject to subsequent changes; the version applicable to your purchase is that in force on the WEBSITE at the date you place your ORDER. You can ORDER PRODUCTS on our WEBSITE using the following purchase procedure:
1. Select the Products to purchase and add them to your shopping cart (hereinafter after referred to as the "CART") by clicking once on the button "Add to Cart". The cart will contain the reference of the PRODUCT selected, its name, its size, the quantity chosen, the colour chosen and the price (including tax but excluding shipping costs);
2. To continue your purchases and your ORDER, simply click on the button "Continue Shopping";
3. When you have finished shopping, click " ORDER" and you'll be sent to the page "review your order." You may then change your ORDER if you wish.
4. Create an account or provide your username and password combination;
5. On the review your order page you must verify you have read the ToS and have accepted them.5. On the review your order page you must verify you have read the ToS and have accepted them.
6. If the customer does not accept changes to his order, he must confirm his order by clicking on "my order". At this stage this second acceptance will be worth conclusion of the contract.
Any order is never taken into account after acceptance of payment. After acceptance of payment, an order confirmation email will be sent to the CLIENT. After confirmation of the transaction, the order number will be communicated to the CLIENT
ARTICLE 3/THE PRODUCTS, OVERVIEW AND VALIDITY
The products available for sale are those listed on the WEBSITE on the day of its viewing by the Customer
Our PRODUCT offers are valid as long as they are visible on the WEBSITE, and subject to availability. Products are described and presented with the greatest possible accuracy. The photographs and text illustrating the products have no contractual value and are not binding with respect to TBS.
TBS undertakes to honor orders received on the website only within the limits of available stocks of products. In the absence of availability of one or more product (s) ordered (s), TBS undertakes to inform the CLIENT as soon as possible. The CLIENT's order will be automatically canceled.
ARTICLE 4/PRICES AND INVOICES
PRODUCTS prices are indicated in euros with all duties and taxes included, excluding shipping costs. We reserve the right to change prices at any time, without notice.
However, PRODUCTS will be billed based on the prices at the time of validation of your ORDER. The price will be payable in full at the time of purchase. A summary invoice for your ORDER will be available in the "my account" section
ARTICLE 5/DELIVERY
5.1. Delivery areas
Delivery is available in mainland France and Corsica, subject to the provisions mentioned below. The products will be sent to the delivery address that the CUSTOMER has indicated during the ordering process.
As of December 23, 2020, following decisions taken by England regarding BREXIT, we are no longer able to register and ship all orders to England. Delivery is therefore suspended to this country.
5.2 Delivery Method
Chronopost - express delivery at home
Delivery within 24h against signature -
FEMA carrier for custom products
So Colissimo other options (France and Belgium)
Your package is delivered by hand to your home or to a post box. If size does not allow for delivery to a post box, it will be kept for you at your local post office. This have 10 working days from the arrival of your parcel to come and collect it. After this deadline, it will be returned to the sender.
In all cases, you will be notified by letter 24 hours before the delivery of your package.
So Colissimo – point relais
Delivery to one of 10,000 post offices in France (without the courier calling to your home). You will be notified of the availability of your package by SMS and email, with a withdrawal order for you to come and withdraw it at the post office within 10 working days. After this deadline, your parcel will be returned to the sender. Delivery to one of 3,000 outlets in our partner network, close to your home, your workplace or holiday location. You will be notified of the availability of your package by SMS and email, with a withdrawal order for you to come and withdraw it within 10 working days. After this deadline, your parcel will be returned to the sender
5.3Delivery time
Order preparation : TBS processes orders from Monday to Friday (except public holiday) in an average time of 48 hours. At certain times (especially in sales periods), the processing time may be longer due to the greater number of orders processed.
La Poste : The maximum delivery time, including transport, will be 15 working days from the date of validation of the ORDER, except where otherwise expressly stated (Chronopost handled within 24hOG at TBS and delivered the day after delivery to Chronopost) before placement of the ORDER and final validation. In all cases, the Customer will be sent an email when the package is sent, as well as tracking details. Each delivery shall be deemed completed when the PRODUCT is delivered to you, by the postal service or the carrier. Should you receive the package after you have cancelled the order, we will begin to issue a refund when we receive the item, provided it is in resalable condition.
5.4.Shipping costs
For orders placed via So Colissimo, shipping costs are free.
For orders placed via Chronopost, shipping costs amount to 12 €.
For custom product orders, delivery charges are available.
ARTICLE 6/PAYMENT AND SECURITY
The payment of your purchases will be made using a credit card accepted by our banking partner. No other method of payment will be accepted. Payment is made on the website of our partner. This implies that no private banking information is sent via the TBS WEBSITE.
Payment by credit card is entirely secure. Your order will be processed once payment to the banking service is accepted. You can pay online with confidence by entering the number, the expiration date of your credit card and the security code on the back in the spaces provided for this purpose.
The details of your credit card are encrypted thanks to the SSL (Secure Socket Layer) protocol and never sent unencrypted over the network. Payment is made directly to the bank. TBS never has access to these details, and does not store them on its servers.
For this reason, you will be asked for them each time you wish to make a transaction on our WEBSITE.
ARTICLE 7/ RIGHT OF RETRACTATION
In accordance with the provisions of Article L. 221-18 of the Consumer Code, the Customer has a period of 14 days to utilise their right of retraction with no reason. The starting point of the period is the date of receipt of the order by the Customer or a designated third party. If the 14-day period expires on a Saturday, Sunday or a public holiday, it is extended to the next working day
Given their uniqueness, the products that have been customized upon customer request are excluded from the benefit of the right of withdrawal in accordance with Article L121-1-8 of the Consumer Code.
To assert this right of retraction, the Customer must notify TBS of the decision to retract before the end of this period.
Either by connecting to its CLIENT space in the "Your Returns" section by following the procedure below: Formulate a return request by selecting: the number, the date of the order and the product or products he wishes to return, - Validate your return request.
Or by returning the duly completed and signed formulaire de rétractation to the following address: TBS, Web CLIENT Service:
TBS, Service CLIENTs Web
Route de Chaudron en Mauges 49 111 SAINT PIERRE MONTLIMART - MONTREVAULT-SUR-EVRE Cedex
You can contact our customer service by phone +33.02.41.71.70.61 from monday to friday, from 10 to 12am and from 2 to 5pm.
The CUSTOMER will then receive by email acknowledging receipt of his application and a return number and a return label to affix on the package. The label allows to pay no return costs, this label will be sent also during the periods of sales and promotions.
In case of acceptance of the right of retraction, TBS will reimburse the customer the price of the products concerned and, if the entire order is returned, the shipping costs for the least expensive shipping solution offered by TBS. The customer shall bear the costs of returning such items. Refunds will be made within 14 days of the date on which TBS is notified by the Customer of the decision to retract. In any event, such reimbursement shall not be payable before recovery by TBS of the item(s) returned by the Customer, or the provision of proof of return of said items.
The refund will be made according to the method of payment of the returned order, unless the customer agrees with TBS upon a different method. No refund will be given in cases where the item is damaged as a result of handling other than that required to establish its nature, characteristics and or its similarity to the product ordered.
ARTICLE 8/PROCEDURE AND CONDITIONS OF RETURN
The product (s) must be returned in new condition (not worn, undamaged, undamaged or soiled) and must not have been used for a long period of time (beyond the time required for testing). They must be returned in their original packaging, accompanied by any accessories.
8.1 Time limit
Regardless of the withdrawal period mentioned above, the CUSTOMER has a period of 30 days from the date of receipt of the order to return the item or items do not suit him, excluding products that have made subject to personalization and subject to compliance with the conditions set out below.
8.2 Conditions of return
Any request for return must be made via the "Your returns" section of the CLIENT account within 30 days after receipt of the order, following the steps below:
Formulate a return request by selecting the number, the order date and the product (s) you wish to return.
Validate your return request.
The CLIENT will then receive by email a return number and a return label to affix on the package. The label allows you to pay no return costs.
8.3 Status of products
All returned products (shoes, clothing, original packaging, accessories, instructions ...) must be new, unused and in their original box intact and without writing.
Upon receipt of the package, TBS will judge the condition of the returned merchandise. No returns will be accepted and therefore no refund will be made if the returned products have been visibly used or damaged by the CUSTOMER and such use or damage renders the product unfit for sale.
8.4 Refund of returns
In case of return respecting the conditions mentioned above, TBS will refund the returned products no later than 30 days after the return of the goods. This refund will be made by transfer to the CLIENT's bank account.
8.5 Refund of shipping costs
TBS will reimburse the shipping costs incurred by the CUSTOMER if the latter has previously made a return request to the CLIENT TBS service and the order is returned to TBS, (Customer Web Service, SAINT PIERRE MONTLIMART, 49111 Cedex) in its entirety and within 30 days of receiving the order. The refund of return costs will also be borne by TBS when the CLIENT returns one or more products that have been the subject of sales or promotions.
ARTICLE 9/INTELLECTUAL PROPERTY
TECHNISYNTHESE holds all intellectual property rights relating to all features on the website including the trademark "TBS" and the domain name http://www.tbs1978.com/en/, and / or all other intellectual property used by TECHNISYNTHESE.
Any reproduction in whole or in part, modification or use of this trademark, and more generally other intellectual property linked to the WEBSITE, for any reason and in any medium, without the express and prior agreement of the company TECHNISYNTHESE, is strictly prohibited.
The WEBSITE http://www.tbs1978.com/en/ is the exclusive property of the company TECHNISYNTHESE, the holder of all rights attached thereto.
Unless by the prior and express authorization of TECHNISYNTHESE, any copy or use of all or part of the WEBSITE or its contents is strictly prohibited.
ARTICLE 10/LEGAL GUARANTEES
All our products enjoy legal guarantees, provided they are used in normal conditions.
Legal guarantee of correct delivery
In accordance with Article L217-4 of the Consumer Code, TECHNISYNTHESE is obliged to deliver goods which correctly correspond to the contract and are liable for items which do not correspond thereto upon delivery.
Legal guarantee for hidden defects
Pursuant to Article 1641 of the Civil Code, TECHNISYNTHESE is required to guarantee against hidden defects of the item sold which may render it unfit for the use for which it was intended, or decrease the quality of use such that the buyer would not have acquired it, or would have acquired it at a lower price if such defects were known.
In the case of dispute concerning legal guarantee of correct delivery:
- The buyer has a period of two (2) years from delivery of the product to take action,
- The buyer can choose between repair and replacement, subject to the conditions relating to cost under Article 217-9 of the Consumer Code,
- The buyer is exempted from submitting evidence of the existence of the incorrect delivery of the item for twenty-four (24) months following delivery of the goods, The legal guarantee of correct delivery is applicable irrespective of any commercial guarantees accorded by TECHNISYNTHESE. In case of implementation of the guarantee against hidden defects:
- The buyer has the choice to return the item and receive a full refund, or to keep the item in return for a reduction in the sale price.
In case of detection of incorrect delivery or a defect affecting one or more product(s) within the above time periods, the Purchaser may visit a TBS outlet, or contact TECHNISYNTHESE Customer Care. If the above conditions are met, TECHNISYNTHESE will exchange the product(s) concerned in the case of incorrect delivery or hidden defects and which patently were purchased from TECHNISYNTHESE, or reimburse the Purchaser the full amount of such product(s) and the cost of the return of products paid by the Buyer, if any.
ARTICLE 11/PERSONAL DATA
11.1 Regulatory framework
In accordance with the Data Protection Act of 6 January 1978, and the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016), tbs processes the personal data of its customers and prospective customers, hereinafter referred to as Customer data and Prospect data.
11.2 Data controller and DPO
The data controller is Technisynthèse, whose head office is located at 49111 SAINT PIERRE MONTLIMART - MONTREVAULT-SUR-EVRE CEDEX FRANCE, and the Data Protection Officer of the Eram Group is Céline Delaunay (dpo@tbs.fr).
11.3 Type of data collected
The Customer and Prospect data collected by tbs can be the following: surname, first name, civility, email address, date of birth, postal address and delivery address, telephone number. Tbs also reserves the right to collect navigation data through the use of cookies, in accordance with the legislation in force. The cookie is a computer file stored on the hard disk of the Client's computer. Its purpose is to report a previous Customer or Prospect visit to the site. www.tbs1978.com.
11.4 Purpose of data collection
These Customer and Prospect data are collected by Technisynthèse as part of tbs’ sales of shoes, leather goods, accessories and clothing, and for the management of the customer and prospects base through segmentation, prospecting, loyalty, and communication by email or SMS.
11.5 Recipients
The recipients of the data are customer services, tbs e-commerce marketing, as well as a payment provider (Be2Bill), the company providing the maintenance of the system (Motion4Ever), the host of the site www.tbs1978.com (Claranet), and our transportation providers (La Poste) who ensure delivery of Client purchases. Transfers of data with our service providers are contractually regulated and in accordance with current law, and are subject to an adequate level of data security.
11.6 Conservation
In accordance with the retention principal of the General Regulations on Data Protection, and the simplified Standard 48 for the management of customer and prospect files, personal data relating to customers cannot be kept beyond the retention period strictly necessary for the management of the commercial relationship. Tbs undertakes to delete or archive the Customer data after a period of 3 years following the last purchase, and the Prospect data after a period of 3 years following the last interaction. Exceptions are data necessary to establish proof of a right or contract that may be archived, as provided by the provisions of the Code of Commerce relating to the retention period of books and documents created for commercial activities, and the Consumer Code relating to the preservation of electronically concluded contracts.
11.7 Rights of the person concerned
The Customer or Prospect has a right to access and rectify data concerning them, and may also assert their right to erasure or their right to be forgotten, as well as their right of opposition or right to portability. For any request, simply write to Customer Service, 49111 SAINT PIERRE MONTLIMART - MONTREVAULT-SUR-EVRE CEDEX FRANCE or to the following email address: serviceclient@tbs.fr
Also, the Customer or Prospect may deactivate the use of cookies at any time, by selecting the appropriate parameters within their browser. However, such deactivation may prevent the use of some of the site's features www.tbs1978.com.
Finally, any Customer or Prospect has the right to file a complaint with the competent supervisory authority (in France, this is the CNIL) concerning the processing of their personal data.
11.8 Lawfulness of data collection and processing
Customer data is necessary to make a purchase on the site www.tbs1978.com, especially for the delivery of the order to the customer. The collection of Prospect data is based on the legitimate interest of the controller. Finally, data processing by tbs can be used to meet legal obligations (tax or litigation management for example).
ARTICLE 12/THE "E-RESERVATION" OPTION
You can reserve an item viewed on http://www.tbs1978.com/en/ WEBSITE, try it in the selected shop and then purchase it. This service does not constitute a sale but merely a product reservation, with no obligation to purchase.
TECHNISYNTHESE reserves the right to suspend this feature at any time and in particular 72h00 before the start of sales periods or commercial operations.
12.1 Booking procedure
The booking procedure is as follows: • For each product, the service offers the user a list of the nearest shops that have PRODUCTS in stock for which an e-reservation may be used. When choosing a product, the user selects one of the shops located in mainland France. Users may only place one item in their shopping cart. • The withdrawal of PRODUCTS in multiple shops will require as many e-reservations as selected shops. • To withdraw several products from the same shop, multiple reservation carts must be created. • When the reservation cart is finalized, the WEBSITE requests the user’s email, name and phone number at which they can be contacted by the shop. • The user then receives the following from the selected shop: 1. an email acknowledging receipt of reservation, stating that the request was sent, 2. an e-mail informing the user of the availability of the product and the withdrawal deadline, or its unavailability. Confirmation of the e-reservation by the user constitutes proof of reservation. This confirmation entails acceptance of all operations on the WEBSITE by the user.
12.2 Price
The prices applicable to all products are those in effect on the WEBSITE. The purchase price is that applicable on the day of reservation confirmation by the user. The prices shown on the WEBSITE are applicable to sale on the website and / or e-reservation and may differ from those applied in shops. This price difference cannot be contested by the user.
12.3 Availability of products in shop
The user is invited to verify the availability of items sold on the further details page of each product. The availability of products indicates the stock in the shop selected by the user at the time of viewing. However, it is understood that this availability is indicated for guidance only, and that the products may be sold between the time of reservation by the user and validation of this e-reservation by the shop. Should the reserved product become unavailable, the shop will inform the user.
12.4 Procedure of e-reservation service
Products may be reserved in TBS shops located in metropolitan France and participating in the e-reservation service. From the time of the reservation request of the user on the WEBSITE, the shop will process the request within the period indicated by its hours and days of opening (excluding sales periods and public holidays, excluding Sundays). As such, the user acknowledges that this deadline may not be met (in cases other than those listed above), especially in the case of technical problems during reservation by the user, preventing processing of the latter by a selected shop. When an e-mail confirmation of receipt of and availability of the product is sent by the shop selected by the user, the product will remain reserved for 48h00. The date and time of the reservation withdrawal limit will also be given in this email
In order to withdraw a product, the user must present the email or an SMS confirmation and notice of availability of the product. Beyond this deadline, and if the user does not come to purchase the product reserved, this reservation will be automatically cancelled. The product will be made available for sale and will no longer be available to the customer, having exceeded the withdrawal period. Should the user wish to cancel the reservation, they must click on the cancellation link in the reservation confirmation email.
12.5 Payment
Payment is processed in the shop, when withdrawing the product by any means of payment accepted in the shop in question and according to the terms of sale in effect in the shop. It is specified that the reserved products remain the property of the shop pending full payment of the sale price by the user.
ARTICLE 13 : CUSTOMER SERVICE
For information, questions or feedback, our Customer Service is at your disposal: • By phone from Monday to Friday, from 10am to 12 am and from 2pm to 5pm at +33.02.41.71.70.61 •By email at the following address : serviceclient@tbs.fr • Address for parcel returns: The address for returns will be given by customer service. Packages must always include a return number on the packaging, which will be given to you by customer service. Any parcel not having a return number will be refused.