Terms of sale

Here’s the English translation of the general terms and conditions you provided:

General Terms and Conditions of Sale

Site Publisher

Company Name: Tess Paris
Legal Form: SAS
Share Capital: 1000 euros
Headquarters: 6 rue du Regard, 92380 Garches
Registration Number: 927757229
RCS: Nanterre
VAT Number: FR65927757229
Director: Tess Gaulier

Website Host: Shopify Inc., Ottawa, Canada and Scaleway SAS with a capital of 214,410.50 Euros, SIREN: 433 115 904, RCS Paris

General Terms and Conditions of Sale

Any online purchase made on the website www.tessparis.fr is subject to prior acknowledgment and acceptance of these general terms and conditions of sale.

DEFINITIONS

Article: Products of any kind offered for sale (e-commerce service) on the Site.
Client: Individual consumer placing the order and having full legal capacity.
Order: Commitment to purchase all Articles selected by the Client via the e-commerce service on the Site.
Site: Website published by TESS PARIS, accessible at: www.tessparis.fr

Preamble

These General Terms and Conditions of Sale (hereafter "GTCS") apply exclusively between any Client and Tess Paris, registered under SIRET number FR65927757229, located at 6 rue du Regard, 92380 Garches.

Any internet user can view the GTCS from all pages of the Site.

The GTCS apply without restriction or reservation to all Articles offered for sale on the Site.

Any Order on the Site is conditioned upon the prior and unconditional acceptance by the Client of these GTCS and the applicable prices.

The validation of an Order through the ordering process on the site constitutes acceptance of these GTCS.

These GTCS take precedence over any other document.

Warning

The sale of Articles on the Site is exclusively reserved for retail and individual customers.

Under no circumstances can the Site be used by professional seller Clients, individually or collectively, regardless of their method of marketing products (online marketplaces, shopping galleries, intermediaries, physical stores, etc.). The Client acknowledges and accepts that the Articles may only be purchased in quantities corresponding to the average consumer's needs, both in terms of the number of Articles ordered in a single order and the number of individual Orders respecting the usual quantity of a typical consumer for the same product. TESS PARIS reserves the right to refuse any order clearly placed by a professional seller Client.

Each Client acknowledges being informed of the unreliability of the internet network, especially in terms of security related to data transmission, continuity of access to the Site, and performance in terms of volume and speed of data transmission, as well as the propagation of viruses.

TESS PARIS advises each Client to implement a solution and security measures within their computer or portable/mobile equipment to prevent virus spread.

As the GTCS may be modified, the applicable terms are those in effect on the Site at the time the Order is placed.

An Article that is defective or non-compliant (replacement or refund) or the exercise of the right of withdrawal cannot be handled directly in physical TESS PARIS stores.

It is mandatory to go through the Site for any claims on Articles purchased online on the Site.

Similarly, an Article purchased in one of TESS PARIS' stores cannot be handled through the Site's services.

CHARACTERISTICS OF ARTICLES

The Articles available for sale are those displayed on the Site. Offers are valid as long as they are visible on the Site.

They are offered subject to availability as displayed on the Site.

TESS PARIS reserves the right to withdraw any Article from sale at any time and/or to replace or modify any information associated with the Articles listed on this Site.

In the event that an Article is unavailable after the Order is placed, the Client will be informed by email, and the order will be automatically canceled.

The characteristics of the Articles sold on the Site (photographs, graphics, descriptions, etc.) are for informational purposes only and may change over time. They are not contractual.

Only the visual of the Article displayed at the time of the Order should be considered by the Client.

In the event of errors or omissions related to the description of an Article, TESS PARIS' liability is limited to the refund of the reasonable return shipping costs incurred by the Client.

ORDERS FOR ARTICLES

Any Order requires the Client to be registered or logged into their client account.

The Client declares to be at least 18 years old and have the legal capacity, or if a minor, guarantees being authorized by a parent to place the Order.

To place an Order, the Client must follow the online purchasing process and click "Order" to submit the Order.

The payment of the Order constitutes acceptance of these GTCS, the price of the Articles, and the content of the Order.

After confirming the payment, TESS PARIS will send the Client an email confirming the Order.

Any Order is subject to prior acceptance by TESS PARIS and is definitively confirmed only after the Client receives an email confirming the shipment of the Article(s).

If the Client does not receive any email after their Order, they should contact TESS PARIS customer service via the contact form on the "Contact" page of the site.

TESS PARIS cannot be held responsible in case of an input error or transmission of an input error that prevents the confirmation email from being sent and/or the Articles from being delivered.

It is recommended that the Client print the Order confirmation email.

For any questions regarding the tracking of an Order, the Client should contact customer service by email, using the contact form on the "Contact" page of the site, and specify their Order number.

PRICE OF ARTICLES

Prices are displayed on the Site in euros, including taxes, excluding handling and shipping costs.

They include any applicable discounts at the time of the Order.

Any new taxes or contributions, especially environmental ones, may be passed on to the selling price of the Articles.

Prices exclude shipping costs (postage, packaging, and handling costs as applicable).

The amount of shipping fees is specified on the Site before the Order is confirmed.

TESS PARIS reserves the right to change the prices of the Articles at any time, with the Articles being invoiced based on the rates in effect at the time each Order is confirmed.

The price invoiced to the Client is the one indicated at the time of the Order.

THE ARTICLES REMAIN THE FULL PROPERTY OF TESS PARIS UNTIL THE FULL PAYMENT OF THE PRICE, WHICH THE CLIENT ACKNOWLEDGES AND ACCEPTS.

PAYMENT OF THE ORDER

The price charged to the Client is the one indicated in the Order confirmation email sent to the Client.

The Order is payable immediately, by credit card (CB, Visa, MasterCard, American Express).

The Client will be informed by email, once the Order is shipped, that their invoice including the shipping costs is available online on their customer account.

Transactions made on the Site are handled by a secure online payment platform.

They are secured with a solution presenting highly secure pages for entering payment data: card number, expiration date, and CVV.

This platform encrypts and transmits this payment data to the bank confidentially, making it inaccessible to third parties.

SHIPPING CONDITIONS

Articles are delivered worldwide.

The Client is offered several shipping methods chosen by the Client and at the Client's expense.

With the shipment number, the Client can track the progress of their package on the chosen carrier's website.

The Client will receive an email confirming the receipt of their Order. The Client will be informed of the different stages of their Order by email.

The ordered Articles will be delivered within a maximum of 30 days from the registration of the Order, subject to full payment of the price. After this period, the Client has an additional 15 days to contact us to find a solution.

The Client is informed that they must provide all the necessary details for proper delivery (access code, access instructions, etc.).

Shipments are announced by email to the Client at the email address provided by the Client. Therefore, the Client must provide a valid email address to be informed of the progress of their Order.

If the delivery address provided by the Client is invalid, causing the package to be returned due to non-reception, the shipping costs for re-shipping the package to the new address provided will be borne by the Client.

The Client assumes all risks related to the Articles once they are delivered.

DELIVERY TIMES

Articles are delivered to the address provided by the Client during the Order, at the latest on the date indicated during the Order, depending on the country of delivery.

In mainland France, TESS PARIS makes every effort to deliver quickly. Except in the case of adverse conditions communicated to customers via various channels (email, Instagram, etc.), orders are shipped within 48 working hours by Colissimo (unless the Client selects another method). Generally, delivery takes between 7 and 10 days for international orders.

In case of delivery delays exceeding 14 working days from the maximum deadline mentioned above, the Client may contact TESS PARIS by email to request the cancellation of their Order within 60 working days.

The contract, and thus the sale, will be considered canceled once TESS PARIS receives the email or letter from the Client informing them of their decision, unless the delivery occurred between the sending and receiving of the email or letter.

If the Order is definitively canceled, the Client will be refunded the price paid for the Order within 30 days following the confirmed cancellation.

If the Client receives the package after canceling their Order, TESS PARIS will refund the Articles and return shipping costs upon receipt of the entire order in its original condition.

Each delivery is deemed to have been made when the package is made available to the Client, particularly by the carrier, as evidenced by the control system used by the carrier.

If the package is damaged or if the Article does not correspond to the Client's Order

Here’s the translation of the section on the Right of Withdrawal and other related content:

RIGHT OF WITHDRAWAL

In accordance with national and European legal provisions protecting the consumer, the Client has a period of 14 full days from the receipt of their Order to exercise their right of withdrawal without having to justify any reasons or pay any penalties, except for the return fees if applicable.

If the Client wishes to exercise their right of withdrawal, they must request a return via the form on the Site: https://tessparis.fr/policies/refund-policy

All returns must be shipped to the following address. PLEASE NOTE: without a specific request via the form, packages will not be accepted:

Tess Paris, 6 rue du regard, 92380 Garches

These items must be returned properly protected, in their original packaging (carefully opened packaging will not be considered damaged), and in perfect resale condition (not damaged, not used, not soiled by the Client). TESS PARIS advises the Client to try on products with underwear underneath.

Once the return is validated, TESS PARIS commits to refunding the Client the full amount paid for the Order, excluding shipping fees, as soon as possible and at the latest within thirty days from the date on which the right of withdrawal was exercised, to the Client's bank account used for payment.

In the case of the right of withdrawal, the costs and risks related to the return are the responsibility of the Client.

CUSTOMER SERVICE

For any information or questions, for order tracking, to exercise the right of withdrawal, or to invoke the warranty, the Client should contact customer service via email by filling out the contact form on the site’s "Contact" page.

WARRANTIES

The Articles are guaranteed against defects of conformity and latent defects in accordance with Articles 1641 to 1649 of the Civil Code and Articles L 211-1 and following of the Consumer Code, as of the delivery date:

Article 1641 of the Civil Code: The seller is liable for hidden defects in the goods sold that make them unsuitable for their intended use, or which significantly reduce their use to the extent that the buyer would not have acquired them, or would have paid a lesser price if they had known about the defects.
Article 1648, paragraph 1 of the Civil Code: The action for latent defects must be initiated by the buyer within two years from the discovery of the defect.
Article L 211-4 of the Consumer Code: The seller must deliver goods that comply with the contract and is responsible for any defects of conformity existing at the time of delivery. They are also responsible for defects resulting from packaging, assembly instructions, or installation if it is their responsibility under the contract or was carried out under their supervision.
Article L 211-5 of the Consumer Code: To be compliant with the contract, the goods must:
1. Be suitable for the usual purpose expected of similar goods, and where applicable:
  - Match 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 buyer can reasonably expect based on public statements made by the seller, manufacturer, or their representative, notably in advertising or labeling.
2. Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, disclosed to the seller, and accepted by the seller.
Article L 211-12 of the Consumer Code: The action resulting from a lack of conformity is subject to a two-year limitation period from the delivery of the goods.

This warranty allows the Client to return delivered defective or non-compliant Articles for a refund under the conditions stated above.

Here is the translation for the section regarding Convention on Proof, Responsibility, License, Personal Data Protection, Commercial Offers and Newsletters, and Cookies:

CONVENTION ON PROOF

The Client acknowledges and accepts that the order recording systems serve as proof of all transactions between TESS PARIS and the Client.

The Client acknowledges and accepts that the proof of acceptance of the Terms and Conditions is evidenced by checking the box - "I have read and accept the general terms and conditions of sale" -.

To this end, the Client acknowledges and accepts that the computerized data stored in TESS PARIS' servers, under reasonable security and integrity conditions, will be considered irrefutable proof of the acceptance of the terms of the General Terms and Conditions (CGV) and proof of all transactions between TESS PARIS and the Client.

TESS PARIS will archive the order forms and invoices on a reliable and durable medium, in accordance with Article 1348 of the Civil Code, and guarantees access to these documents for the Client at any time upon request, in accordance with Article L. 134-2 of the Consumer Code.

As a result, unless proven to be a manifest error by TESS PARIS, the Client may not contest the admissibility, validity, or probative force of the CGV and the content of the order based on any legal provision stating that certain documents must be written or signed to constitute proof.

Thus, these elements constitute proof and, if produced by TESS PARIS in any contentious or other legal proceedings, they will be admissible, valid, and enforceable in the same way, under the same conditions, and with the same probative force as any document that would be established, received, or preserved in writing.

At any time, the Client has the ability to print, download, and keep a copy of the CGV in both paper and electronic format.

RESPONSIBILITY

TESS PARIS reserves the right to modify the information on this site at any time and without notice.

TESS PARIS is committed to describing the Articles sold on the Site as accurately as possible and to ensuring the best possible update of the information published.

However, TESS PARIS cannot guarantee the accuracy, precision, or completeness of the information provided to Clients on the Site.

In case of non-substantial differences between the presentation photos of the Articles on the Site, texts, illustrations, and the Articles ordered, TESS PARIS will not be held responsible.

The Client acknowledges and accepts that the prices of the Articles may vary between the website and physical stores, and that in no case can this price difference justify a request for a refund, either total or partial, for Articles purchased either on the website or in stores.

TESS PARIS’ responsibility cannot be held in case of non-performance of its contractual obligations due to an unforeseeable event or force majeure, as defined by French legal case law.

In particular, TESS PARIS will not be liable for any failure to perform or delay in executing Orders caused by events beyond its control ("Force Majeure").

A Force Majeure event includes any act, event, non-performance, omission, or accident beyond TESS PARIS's control, including but not limited to:

Strikes, closures, or other industrial actions.
Civil unrest, riots, invasion, terrorist attacks or threats, declared or undeclared war, or war preparations.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters.
Inability to use rail, boat, airplane, road, or other private or public transport.
Inability to use public or private telecommunications networks.
Acts, decrees, legislation, regulations, or restrictions imposed by any government.
Strike, failure, or accidents in maritime, postal, or other transportation.

The performance of the CGV will be suspended for the duration of the Force Majeure event, and execution and delivery deadlines will be extended accordingly. TESS PARIS will make reasonable efforts to resolve the Force Majeure situation or find a solution to fulfill its contractual obligations despite the Force Majeure.

TESS PARIS is only responsible for direct and foreseeable damages at the time of using the site or entering into the sales contract with the Client, excluding any indirect damages.

LICENSE

TESS PARIS grants a limited license for personal and non-commercial use of the Site.

Under no circumstances is the Client authorized to download or modify any part of this Site without the prior written consent of TESS PARIS.

This Site or any part of it must not be reproduced, copied, sold, or exploited for commercial or professional purposes without the express written consent of TESS PARIS.

The Client must not use techniques to copy a trademark, logo, or any other information (including images, text, layouts) owned by TESS PARIS without its express written consent.

TESS PARIS grants the Client a non-exclusive, revocable license to create a hyperlink to the homepage of the Site, provided that the link does not mislead, misrepresent, defame, infringe, or harm TESS PARIS in any way.

Under no circumstances will the creation of this hyperlink hold TESS PARIS responsible.

PERSONAL DATA PROTECTION

Personal data collected on the Site is intended for TESS PARIS with the Client's consent.

TESS PARIS is committed to protecting its Clients’ personal data.

All personal data concerning the Client collected by TESS PARIS is processed with strict confidentiality in accordance with the provisions of the law 78-17 of January 6, 1978, relating to Information Technology, Files, and Freedoms, for the purpose of processing Orders.

The Client’s personal information is necessary for managing Orders and Client relationships, as well as informing them of all offers and commercial information that might interest them.

This information may be transmitted to service providers and contractual partners who assist in the management of Orders.

These data and the management of Orders are also kept for security purposes to comply with legal and regulatory obligations and to allow TESS PARIS to improve and personalize the services offered to Clients.

In accordance with the French Data Protection Act of January 6, 1978, the Client has the right to access, correct, and object to the personal data concerning them.

To exercise this right, the Client must send an email or letter to TESS PARIS's Customer Service by filling out the contact form on the site or writing to the following address: TESS PARIS Customer Service, 6 rue du regard, 92380 Garches, indicating their name, surname, email address, and client references.

Each request must be signed and accompanied by a photocopy of a valid ID with the Client's signature and must specify the response address. The response will be sent within two months of receiving the request.

When entering personal data on the Site, and before collection, the Client has the option to accept receiving information related to TESS PARIS Articles.

In accordance with current legislation, such information will only be sent to the Client if they have explicitly consented to receive it.

COMMERCIAL OFFERS AND NEWSLETTERS

TESS PARIS may send commercial offers to Clients by mail, email, SMS, phone, or through TESS PARIS's social media spaces, subject to prior acceptance.

The Client may opt out of receiving commercial solicitations at any time, free of charge, by clicking on the "unsubscribe" link in each email.

COOKIES

When visiting the site, information related to the Client’s browsing may be recorded in "Cookies" files installed on their device (computer, tablet, smartphone).

These cookies are issued by TESS PARIS to facilitate navigation on the site and allow the system to recognize the Client’s browser when they visit the site.

These cookies are issued to:

Establish visitor statistics (number of visits, pages viewed, abandonment during the order process, etc.).
Adapt the Site’s presentation to the display preferences of the devices.
Remember information entered in forms, manage and secure access to personal areas, such as the Client account, and manage the shopping cart.

TESS PARIS reserves the right to install cookies on the Client's computer during site visits.

A cookie is a small file sent to the Client's computer and stored on their hard drive.

A cookie does not identify the Client but is used to signal previous visits to the Site to help TESS PARIS personalize its services.

The Client can adjust settings to disable cookies and prevent them from being installed without explicit consent.

Any configuration made by the Client may modify the browsing experience and access to certain services on the Site requiring cookies.

The Client can express and modify their cookie preferences at any time, as described below.

The Site uses third-party applications that allow the Client to share content from the Site with others or express opinions on content (social media platforms such as Facebook, Instagram, Google+, Twitter, etc.).

When the Client views a page with a "Share" or "Like" button, their browser establishes a direct connection with the servers of the concerned social network.

If the Client is logged into the social network, these buttons link the pages visited to their account.

If the Client interacts with plugins, such as clicking "Like" or leaving a comment, the corresponding information will be sent to the social network and posted on their account.

If the Client does not wish social networks to link the information collected through the Site to their account, they must log out of the relevant social network before visiting the Site.

TESS PARIS is not responsible for any content or operation of any social networks, including those connected to the Site.

Here is the translation for the section on Commercial Offers and Newsletters and Cookies:

COMMERCIAL OFFERS AND NEWSLETTERS

TESS PARIS may send commercial offers to Clients by mail, email, SMS, phone, or through TESS PARIS's social media platforms, subject to prior acceptance.

The Client can opt out of receiving commercial solicitations at any time, free of charge, by clicking the "unsubscribe" link in any email.

COOKIES

When visiting the site, information related to the Client’s browsing may be recorded in "Cookies" files installed on their device (computer, tablet, smartphone).

These cookies are issued by TESS PARIS to facilitate navigation on the site and allow the system to recognize the Client’s browser when they visit the site.

These cookies are issued to:

Establish visitor statistics (number of visits, pages viewed, abandonment during the order process, etc.).
Adapt the Site’s presentation to the display preferences of the devices.
Remember information entered in forms, manage and secure access to personal areas, such as the Client account, and manage the shopping cart.