The present General Terms and Conditions of Sales (hereafter known as the “GTCs”) are valid from 1 September 2011 and are entered into by the company CONCEPT FOOTWEAR SOLUTIONS, SAS with a capital of 122 221 €, whose head office is at 22 rue du Dragon 75006 Paris – and that is registered at the Register of Commerce of PARIS under the number 529 109 316, (hereafter known as TANYA HEATH PARIS) with an inter-communal TVA “FR 75 529 109 316”, and, on the other hand, all users of the website www.tanyaheath.com who would like to make a purchase on the TANYA HEATH PARIS website (hereafter known as “The Client”).
The principle activity of TANYA HEATH PARIS is the sale of shoes, heels and other fashion accessories, both in boutiques and on the website www.tanyaheath.com.
All parties agree that the present GTCs define the commercial relationship between The Client and TANYA HEATH PARIS unless TANYA HEATH PARIS has granted prior written approval.
TANYA HEATH PARIS can modify at all times certain points found herein to the present GTCs. Consequently it is necessary to take note of the version that is valid at the time of your purchase on www.tanyaheath.com (hereafter known as the "Site"). These modifications can be considered as binding, the moment they are on the website at the time a purchase order has been placed on the Site. Each purchase is dependent on all of the clauses contained in the GTCs at the time the order is placed.
By validating their shopping cart and making a payment The Client confirms that they have understood and accepted the present GTCs without reserve.
By accepting the present GTCs you have permitted the conclusion of a contract according to article 1123 of the Civil Code of France.
2. AVAILABLE ARTICLES
2.1. Proposed Merchandise
The goods proposed for sale on the Site have a description that at the least will present the general characteristics of the article sold. Nevertheless because of the various color variations and product combinations it is possible that the photo is not 100% representative of the article in question.
In addition TANYA HEATH PARIS reserves the right to propose “Special Offers” including sales, end of stock promotions, and other promotions during an un-specified time period or a non-defined quantity of articles.
2.2. Availability of Merchandise
TANYA HEATH PARIS reserves the right to modify at all times the characteristics of the goods from sale; price, color, associated accessories etc. TANYA HEATH PARIS can also modify at all times the presence in its catalogue of a good available for purchase.
In any case, only the reception of an order confirmation from TANYA HEATH PARIS customer services guarantees the delivery of the article(s) in accordance with the conditions described below.
2.3. Order procedure
The merchandise found on the Site can only be ordered by Internet. All other orders, for example those purchased at one of our physical stores, will not be considered as Internet sales, unless there is prior written agreement from TANYA HEATH PARIS.
When placing an order it is prudent to ensure that the email account used, and to which TANYA HEATH PARIS will respond, is not blocked by a firewall or email filter, so that the confirmation email from TANYA HEATH PARIS can be received. TANYA HEATH PARIS cannot be held responsible if the confirmation email is erased by an anti-spam program or something similar.
3.1. Price to pay
All prices are displayed in euros and include all applicable taxes.
The price is the addition of the final price of all of the articles chosen, but it does not include transport costs.
3.2. Shipping costs
The shipping cost depends on the destination of where the merchandise is to be sent and on the content of your parcel. The cost of shipping will be indicated before payment and so that The Client can decide whether or not to proceed to payment.
3.3. Payment and VAT delay
All orders must be paid for immediately and are payable with all accepted methods of payment as indicated on the Internet site.
There is no % reduction for anticipated payment.
In the case of a modification to the VAT rate, the price will automatically be modified without prior warning.
3.4. Price variations
For reasons relating to production, the price of raw materials, logistics or other reasons the price of a similar article may differ from time to time or operation to operation.
The price of articles for sale on the Site can be modified at all times. TANYA HEATH PARIS reserves the right to modify the price without prior warning. In accordance with the paragraph below, the price that appears at the time of purchase is the price that applies to the transaction.
Please note that we take particular care to make our website perfect; however it is not impossible that a price error has occurred. In this rare case TANYA HEATH PARIS is at liberty to cancel the order at its own discretion.
3.5. Payment in foreign currencies
All prices are indicated in Euros. If your payment currency is not the euro then the price applied will be determined by the exchange rate that is practiced by your bank at the time of purchase. TANYA HEATH Paris cannot be held responsible for the conversion rate applied by The Client’s bank.
4. PAYMENT TERMS
Payment on the Internet site can be made by all of the available payment methods. Depending on the value of the order, the destination of the delivery and other criteria, TANYA HEATH PARIS reserves the right to limit access to certain payment means.
It is not possible to pay using a means of payment that is not accepted on the Internet site. If an alternative means of payment is used TANYA HEATH PARIS cannot be held responsible for any loss of funds or other prejudice that might arise from the use of an inappropriate payment method.
To validate the order The Client must connect to their TANYA HEATH PARIS account or create an account with TANYA HEATH PARIS where they will indicate their name, address and other information that is useful for delivery. The Client will validate the delivery address; accept the shipping charges if any, and validate the total price. The Client can choose the payment method of their choice from the several options possible on the website and will entre card details including card number, cryptogram and expiry date. The order is validated once The Client clicks on “validate my order”.
The sale becomes final once stock availability has been confirmed, at which point the client will receive a confirmation email from TANYA HEATH PARIS to the address indicated by The Client at the time of purchase.
The Site cannot accept check and/or money transfer payments. Such payments are possible by contacting customer services at email@example.com. These purchases will be handled by customer service and the purchase confirmation will be sent manually from TANYA HEATH PARIS customer service to The Client.
TANYA HEATH PARIS is the owner of the merchandise until it has been delivered to the address indicated by The Client. A payment default can result in a reclamation by TANYA HEATH PARIS. In this event the responsibility for the merchandize is nevertheless transferred to The Client once the delivery has been made.
For all card payments, the amount paid will be shown in the monthly bank statement of the cardholder.
The company CONCEPT FOOTWEAR SOLUTIONS SAS does not retain credit card information of its customers.
5. AVAILABILITY OF MERCHANDISE
If an ordered article is un-available The Client will be informed by email or by telephone that they will receive only a partial order of that the order has been canceled. At this time The Client can decide whether or not to desist from the original purchase order or to replace the unavailable article with another suitable article.
The Client will be reimbursed for all canceled and unavailable merchandize within a maximum delay of 30 days.
6.1. Delivery method
Standard deliveries can take up to 5 business days to leave our Paris offices. Express deliveries will be shipped no later than 2 working days upon the receipt of payment. The standard delivery method is Colissimo for deliveries to Europe and principal International destinations. If you select Express Delivery, your parcel will be sent via UPS, Fedex or DHL unless otherwise stated. The Client will receive a tracking number so that they can follow the progress of their parcel until reception.
The cost of delivery includes packaging, handling and postal charges. It does not include any national border tariffs or taxes. These are the sole responsibility of The Client. TANYA HEATH PARIS cannot always bundle two distinct orders so if The Client wants to benefit from delivery economies of scale it is recommended that they group multiple items in one order. TANYA HEATH PARIS ensures all deliveries for loss resulting from theft.
6.2. Delivery Times
The delivery time of each order is specified in the shipping confirmation email. TANYA HEATH PARIS is not responsible for delays resulting from weather, strikes and other events beyond its reasonable control that may interfere with delivery services.
6.3. Rights and Responsibilities of The Client
The Client must fill out with attention and clarity the delivery address and indicate a telephone number so that the delivery service can call The Client if needed.
Neither TANYA HEATH PARIS, nor the transporter can be held responsible for failure to deliver resulting from an imprecise delivery address.
Delivery times are indicated in calendar days.
Upon reception of the goods The Client must verify that the delivery corresponds to the order and that there is no damage to the order before signing the delivery receipt.
In the case of damage or a discrepancy between the order and the delivery The Client must:
1. Refuse the delivery
2. Indicate the reasons for refusing the delivery on the order confirmation receipt that will be given to the transporter.
These observations must be written legibly, dated and signed. They must also be explicit, for example it is insufficient to say damaged goods.
If the goods delivered don’t correspond to the Client’s order, to the Client expectations, or if the goods delivered are damaged, the Client has 15 calendar days to decide if they will keep the merchandise or return or exchange it.
All returned and exchanged merchandise must be sent to
TANYA HEATH Paris
22 rue De Dragon
All returns and exchanges made beyond 15 days after the reception of the delivery, will not be accepted by TANYA HEATH PARIS.
The Client is responsible for all shipping expenses of the merchandise to TANYA HEATH PARIS except in the event of product defects.
To notify TANYA HEATH Paris of the decision to return merchandise The Client must inform TANYA HEATH PARIS by email to firstname.lastname@example.org. In the email The Client must indicate the order number and state the concerns as related to the article(s) that will be returned. TANYA HEATH PARIS will confirm acceptation or refusal of the proposed return or exchange by return email or by telephone.
7. CANCELATION AND RETURN POLICY
7.1. Order cancellation
All orders can be cancelled without motif before expedition. To cancel an order simply write to TANYA HEATH PARIS at email@example.com to ask for a order cancellation. TANYA HEATH PARIS will send you an email confirmation that your order has been cancelled and that your card has been reimbursed.
7.2. Right to retraction
The Client has 15 calendar days from reception of the delivery to decide if they will keep the merchandize or not. If the products and packaging have never been worn, and are in perfect condition, The Client can return the merchandize at their own expense to TANYA HEATH PARIS. Once the merchandize has been received in its original packaging, by TANYA HEATH PARIS and it has been ascertained that they are unworn and in perfect condition, The Client will be reimbursed for the entire order, except the original shipping charges. If the merchandise has been damaged or worn then TANYA HEATH PARIS will refuse the reimbursement or the exchange, and The Client remains the owner of the merchandise.
They can contact customer services at firstname.lastname@example.org to discuss the best way of recovering the merchandise. The reimbursement will be made within 30 calendar days of acceptation of the returned package and will be credited to the original card used in payment.
The Client will be informed of the status of the merchandise including the date of reception by TANYA HEATH PARIS customer services, and the date that a reimbursement has been made.
8. INTELLECTUAL PROPERTY
The brand TANYA HEATH PARIS, the TANYA HEATH PARIS logo and all of the names and brands figuring on all TANYA HEATH PARIS articles whether they are protected or not, are the exclusive property of TANYA HEATH PARIS. All reproduction including partial utilization for any motif and on any support without the explicit written permission of TANYA HEATH PARIS is strictly prohibited. The same interdiction is in place for all attempts to cross TANYA HEATH PARIS logos and other artwork with the logos and artwork of other brands.
9. LEGAL MENTIONS AND CONFIDENTIALITY
TANYA HEATH PARIS will not use any confidential client information except for the delivery of merchandise.
If a Client does not wish to be part of the TANYA HEATH PARIS database they can unsubscribe from mailing lists and ask customer services for the eradication of their account with TANYA HEATH PARIS.
TANYA HEATH PARIS reserves the right to seek non-personal information that can improve service, such as for example to trace the number of connections to the Site.
All personal information, such as names, emails and phone numbers, which have been freely given by The Client, will only be used by TANYA HEATH PARIS.
No client information will be communicated to a third party without the express agreement of The Client. Each Client has the right of access, withdrawal, modification and suppression of their personal data in accordance with Article 34 of the Law on Information and Liberty.
All concerns can be addressed to TANYA HEATH PARIS customer services at email@example.com.
10. RESPONSIBILITY AND LITIGATION
The Client is responsible for the accuracy and truth of all of the information provided during an order, notably the delivery address.
TANYA HEATH PARIS is not responsibly for any errors that may occur when The Client is providing information. TANYA HEATH PARIS is equally not responsible for any problems that occur if The Client does not respect the delivery procedure. If through The Client’s non-respect of delivery procedure the order cannot be delivered The Client will be charged for the return expedition of the stock.
TANYA HEATH PARIS will not be held responsible for any delays that occur by fortuitous event or force majeure such as total or partial transport and/or mail strikes, natural disaster such as blizzards, flooding, or fire…
In any case, the responsibility for TANYA HEATH PARIS under these General Terms and Conditions shall not exceed an amount equal to the total amount paid by the client related to his order, whatever the cause or form of the action concerned. Are considered fortuitous event or force majeure exempting liability all facts or circumstances irresistible, unpredictable and beyond the control of the Parties including cases of total or partial strike carriers, and natural disasters such as floods or fires.
The Client is responsible for the choice and the purchase of all merchandise. Consequently TANYA HEATH PARIS is not responsible for any errors such as size that prevent The Client from using the merchandise. TANYA HEATH PARIS’ responsibility is limited to product defects for the execution for the right to retraction as defined in Article 6 of the Consumer Code of France.
11. DISPUTE SETTLEMENT
The present GTCs are subject to the applicable French law.
Before all contention both parties will try to find an amiable resolution.
All litigation that results will fall under the jurisdiction of the Commercial Court of Paris for professional and private parties.
12. DIVISIBILITY OF CLAUSES
If for any reason whatsoever one or several clauses in the present GTCs are declared null and void as the result of a new or changed law, a new rule, or as the result of a new decision by a competent judicial authority, this modification will not put into question the validity of the other clauses and stipulations of the GTC and will not exempt The Client of their contractual responsibilities.
13. QUESTIONS CONCERNING THE GTCS
If you have any remarks or questions concerning the GTCs please write to us at the following address: firstname.lastname@example.org.