TERMS AND CONDITIONS
www.tanhnicollection.com published by the Society TANHNI, SARL with a share capital of 2 000 000 FCFAwhose registered office is located in Abidjan, Cocody, les 2 Plateaux Lot 170, Ilot 16, Section KX, Parcel 8; Postal address: 06 Boîte Postale 2709 ABIDJAN 06, registered in the Registre du Commerce et du Crédit Immobilier under number CI-ABJ-03-2021-B13-08157
I. APPLICATION OF THE TERMS AND CONDITIONS
The general Sales Terms and Conditions (STC) detailed below apply to all orders for products and services placed via the Site (the "Products") with TANHNI by any person (the "Customer").
The Customer must read the STC before placing any order (the "Order"), the STC being available on the Site.
TANHNI reserves the right to adapt or modify these STC at any time. The version of the STC applicable to any sale is the one appearing online on the site www.tanhnicollection.com at the time of the Order. Consequently, placing an Order requires the Customer's full and unconditional prior acceptance of the STC by clicking on the "I have read and accept the general terms and conditions" button.
II. SITE INFORMATION AND ACCESSIBILITY OF THE SITE
www.tanhnicollection.com is an e-commerce site owned and operated by TANHNI.
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, by TANHNI or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure (as defined below). TANHNI cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
TANHNI does not warrant that the Site will be free from defects, errors or bugs, or that the Site will operate without failure or interruption. In this respect, it may freely determine at its own discretion any period of unavailability of the Site or its content. TANHNI cannot be held responsible for problems of data transmission, connection or unavailability of the network.
TANHNI reserves the right to change the Site for technical or commercial reasons. When these changes do not substantially alter the conditions of the provision of services, the Customer may be informed of the changes made, but his acceptance is not requested.
III. REGISTRATION ON THE SITE
In order to place an Order, the Customer must first register on the Site by creating an account containing the Customer's details (the "Account").
The Customer's registration on the Site is validated by TANHNI after verification of the standard form completed by the Customer. The Customer receives an e-mail confirming registration.
When creating an Account, the Customer must ensure that the information provided is accurate and complete. The Customer is required to always update his personal information. In the event of an error in the recipient's details, TANHNI shall not be held responsible for the impossibility of delivering the Products.
By registering on the Site, the Customer declares and guarantees to TANHNI that he/she is of age and has the legal capacity to contract.
The Customer is only allowed to create one Account.
TANHNI may delete the Customer's Account at any time, for any reason, at its sole discretion.
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, TANHNI cannot be held responsible for any error in the update, whatever its origin. In this respect, TANHNI cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
TANHNI takes the greatest care in the presentation and description of its Products to best satisfy the information of the Customer. It is however possible that errors may appear on the Site, which the Customer acknowledges and accepts.
TANHNI does not guarantee the accuracy or security of information transmitted or obtained through the Site.
It is possible that the Customer receives a part following an Order that was previously returned by another person. It is specified that TANHNI only accepts the return of undamaged and unworn Products, these two conditions being checked before the returned Products are returned to stock.
Taking an Order on the Site is subject to compliance with the procedure set up by TANHNI on the Site comprising successive stages leading to the validation of the Order.
The Customer may select as many Products as he/she wishes to add to the cart (the "Cart"). The Cart shall contain a summary of the Products selected by the Customer, together with the prices and charges relating thereto. The Customer shall be free to modify the Basket before validating the Order. Validation of the Order confirms the Customer's acceptance of the STC the Products purchased, their prices and the associated costs.
Un email de confirmation récapitulant la Commande (Produit(s), prix, quantité…) sera adressé au Client par TANHNI. A cet effet, le Client accepte formellement l’usage du courrier électronique pour la confirmation par TANHNI du contenu de sa Commande.
VI. REFUSAL TO PROCESS AN ORDER
TANHNI reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information contained therein. Despite TANHNI's best efforts to satisfy its customers' expectations, TANHNI may refuse to process an Order after having sent the Customer the confirmation e-mail summarising the Order.
TANHNI reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information contained therein. Despite TANHNI's best efforts to satisfy its customers' expectations, TANHNI may refuse to process an Order after sending the Customer the confirmation e-mail summarising the Order.
TANHNI also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.
VII. PRICES AND PAYMENT TERMS
The prices of the products are indicated on the Site in FCFA, in Euros or in US Dollars depending on the geographical area, including VAT (value added tax).
TANHNI reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash at the time of the actual Order.
Payment for purchases is made via Paypal, Paytech or Stripe, our secure payment providers.
PayPal (Europe) S.à r.l. and Cie, S.C.A. is a credit institution (or bank) authorised and supervised by the Luxembourg financial regulator, the Commission de Surveillance du Secteur Financier (or CSSF). Registered office of the CSSF: 283, route d'Arlon, L-1150 Luxembourg. For any information, the Customer may consult the following website: https://www.paypal.com.
Paytech offers its secure online payment platform to facilitate transactions between professionals and their customers, with or without a website without redirection. Paytech is accessible from the Ivory Coast or Senegal. For any information, the Client can consult the following website: https://paytech.sn/
Stripe is a payment infrastructure for online commerce. Millions of businesses of all sizes, from start-ups to large enterprises, use Stripe's software and APIs to accept payments, transfer funds and manage their online businesses. For more information, the Customer can visit the following website https://stripe.com/
The Customer expressly acknowledges that the communication of his/her bank card number to TANHNI is equivalent to authorising the debiting of his/her Account for the price of the Products ordered. Where applicable, TANHNI shall send the Customer notification of the cancellation of an Order due to non-payment at the email address provided by the Customer when registering on the Site.
The data recorded and kept by TANHNI constitute proof of the Order and of all sales made. The data recorded by Paypal, Paytech or Stripe constitute proof of any financial transaction between the Customer and TANHNI.
Delivery means the transfer to the Customer of physical possession of the Products (the "Delivery").
The delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the "Delivery" section.
TANHNI cannot be held responsible for the risk of loss or damage to the Product at the time of delivery.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). Delivery cannot be made to hotels or post office boxes.
In case of impossibility to carry out the Delivery, due to an erroneous delivery address, no reshipment can be carried out and the Customer will be refunded within 15 days as from the reception of the Order by TANHNI.
TANHNI delivers Orders within a maximum period of 30 working days, this period being counted from the first working day after the validation of the Order. The day after a collection is put online and from 15 November to 31 December, the delivery time may be increased by 10 days, given the large and exceptional volume of Orders.
In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
TANHNI cannot be held responsible for any delay in delivery that is not its fault or that is justified by a case of force majeure (as defined below).
If the delivery time is exceeded, the Customer may request the cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum period of 20 days of the request. Notwithstanding the foregoing, TANHNI shall not be held responsible for the consequences of a delay in delivery, only the refund of the Product by TANHNI being possible to the exclusion of any other form of compensation.
IX. REFUNDS AND RETURNS
9.1. Time limit and procedures for exercising the right of withdrawal
The non-professional customer has a period of 7 days from receipt of the Order to exercise his right of withdrawal from TANHNI.
The right of withdrawal can be exercised by sending an email to customer service at firstname.lastname@example.org.
9.2 Procedures for returning the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
Le Client renvoie la Commande à l’adresse suivante : TANHNI SARL, domiciliée à MyAdress, 06 Boîte Postale 2709 ABIDJAN 06 dans les 7 jours suivant la réception de sa commande après avoir informé le service client de sa volonté de se rétracter.
After this 7-day period, the sale is firm and final. The Product must be returned (the date of sending is being taken as proof) in its original packaging, in its original condition, new, unworn and unwashed.
The return of the Products is at the Customer's expense. Please note: TANHNI is responsible for the return shipping costs if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
9.3. Reimbursement for Products returned under the right of withdrawal
The refund of the Order by TANHNI shall be made at the latest within 14 days of receipt of the Product by TANHNI at the above address.
TANHNI shall make the refund using the same means of payment as the one used for the payment of the Order, unless the Customer expressly agrees to use another. If this means of payment has expired, the Customer must contact customer service to change the method of refund.
TANHNI shall not be liable for any refund on an expired payment method.
TANHNI will refund the returned Product but will not refund the delivery charges paid by the Customer at the time of ordering.
X. GUARANTEES - LIMITATION OF LIABILITY
10.1 Limitation of liability
TANHNI's responsibility in respect of any Product purchased from the Site is strictly limited to the purchase price of the Product. TANHNI shall not be responsible for any of the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- expected loss of savings
- data loss
- loss of work or management time
- image damage
- loss of opportunity, in particular to order a Product
- moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided by law.
TANHNI makes no warranty with respect to any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer, including any transmission resulting from a download of any content by the Customer, software used by the Customer to download content, or any other transmission resulting from the Customer's use of the website, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any content by the Customer, the software used by the Customer to download the content, the Site or the server that makes it available. In this regard, the Customer acknowledges that it is the Customer's responsibility to install appropriate anti-virus and security software on its computer hardware and other devices to protect them from bugs, viruses or other such harmful programming routines.
The Customer acknowledges that he/she assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that he/she is solely responsible for any damage to his/her computer system or loss of data that results from the download of such content.
TANHNI is only obliged to deliver Products that comply with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must comply with the description and possess the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this kind are generally designed; (iii) they must meet the quality and resistance criteria that are generally accepted for products of the same kind and that can reasonably be expected.
In addition, TANHNI guarantees consumers against defects in conformity and hidden defects for the Products on sale on the Site under the following conditions:
- 2 Legal guarantees
All products on sale on the Site benefit from the legal guarantee of conformity and the guarantee against hidden defects, allowing the Customer to return defective or non-compliant Products free of charge.
Legal guarantee of conformity
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
To be in conformity with the contract, the goods must :
1) Be fit for the purpose ordinarily expected of similar goods and, where applicable :
correspond to the description given by the seller and have the qualities presented to the buyer in the form of a sample or model;
have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
An action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Guarantee against hidden defects
The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which reduce that purpose to such an extent that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Within the framework of the legal guarantee for hidden defects, TANHNI, at the customer's option, undertakes, after evaluation of the defect :
- Or to refund the full price of the returned Product,
- Or to refund part of the price of the Product if the Customer decides to keep the Product.
Exclusion of guarantees
Products that have been modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty shall not apply to visible defects. The guarantee will not cover Products damaged during transport after delivery or due to misuse.
10.3 Terms of implementation of guarantees
Within the framework of the legal guarantee of conformity, the Customer :
(i) bénéficie d’un délai de deux (2) années à compter de la délivrance du bien pour agir ;
(ii) peut choisir entre la réparation ou le remplacement du bien
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. The Customer may choose between rescission of the sale or a reduction in the purchase price in accordance with the above.
For any request concerning the legal guarantees, the Customer must contact the Customer Service at email@example.com.
10.4 Consequences of the implementation of legal guarantees
Within the framework of the legal guarantee of conformity, TANHNI undertakes to choose the Customer:
- either to replace the Product with an identical product depending on available stocks, - or to refund the price of the Product if the replacement of a Product proves impossible.
Within the framework of the legal guarantee of hidden defects, TANHNI, according to the choice of the Customer, undertakes, after evaluation of the defect :
- either refund the full price of the returned Product, or refund part of the price of the Product if the Customer decides to keep the Product.
10.5 Forces majeures
In the event of the occurrence of an event of force majeure preventing the execution of these STC, TANHNI shall inform the Customer within 15 days of the occurrence of this event, by e-mail or by registered letter with acknowledgement of receipt. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the Ivorian courts and tribunals, total or partial strikes, lockout, riot, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than 3 months, the transaction concerned may be terminated at the request of TANHNI or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
- RESERVATION OF PROPERTY
TANHNI retains full ownership of the Products sold until full payment of the full price, including fees, taxes and compulsory contributions.
XII. PARTIAL INVALIDITY
If one or more provisions of these STC 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 provisions shall retain all their force and scope.
No tolerance, inaction or inertia on the part of TANHNI shall be construed as a waiver of its rights under the GTC.
XIV. MEDIATION- LOI APPLICABLE – JURIDICTION COMPETENTE
The sale of the Products is subject to Ivorian law.
In the absence of amicable resolution, any dispute relating to the interpretation of the STC, the execution or termination of a sale, the interpretation, execution or termination of the present contract shall be submitted, in the absence of amicable agreement, to the legally competent courts.
It is reminded that the secrecy of correspondence is not guaranteed on the Internet and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.
TANHNI Company, SARL with a capital of 2 000 000 FCFA, whose head office is located in Abidjan, Cocody, les 2 Plateaux Lot 170, Ilot 16, Section KX, Parcel 8; Postal address: 06 Boîte Postale 2709 ABIDJAN 06, registered in the Registre du Commerce et du Crédit Immobilier under the number CI-ABJ-03-2021-B13-08157 The director of the publication is Rachel CLERC, legal representative of TANHNI. Contact us: firstname.lastname@example.org