GENERAL TERMS AND CONDITIONS OF SALE – WEBSITE
ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale ("GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("the Clients or the Client") wishing to purchase the products offered for sale ("the Products") by the Seller on the website www.thaaschips.com.
The Products offered for sale on the website are the following:
Chips, T-shirts, Polo shirts, Caps, Stickers
The main characteristics of the Products, in particular the specifications, illustrations, and indications of size or capacity, are presented on the website www.thaaschips.com, which the Client is required to read before placing an order.
The choice and purchase of a Product are the sole responsibility of the Client. Product offers are valid while stocks last, as specified at the time the order is placed.
These GTC are accessible at all times on the website www.thaaschips.com and shall prevail over any other document. The Client declares to have read and accepted these GTC by checking the box provided for this purpose before initiating the online ordering procedure on the site www.thaaschips.com. Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.
The Seller's contact details are as follows:
SARL THAAS CHIPS
Registered with the RCS of REIMS under number 832 866 966
4 Grande Rue
51230 THAAS
contact@thaaschips.com
VAT number: FR 26 832 866 966
ARTICLE 2 – PRICES
The Products are supplied at the prices in effect on the website www.thaaschips.com at the time the order is recorded by the Seller.
Prices are expressed in Euros, excluding and including VAT. The prices take into account any discounts granted by the Seller on the website www.thaaschips.com.
These prices are firm and non-revisable during their validity period, but the Seller reserves the right to modify the prices at any time outside of this period.
Food products include processing and home delivery fees or delivery within 10 days. Non-food products are calculated excluding delivery fees, which will be invoiced in addition at the time of the order.
ARTICLE 3 – ORDERS
It is the Client's responsibility to select on the website www.thaaschips.com the Products they wish to order, according to the following steps:
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Product selection and addition to the cart
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Selection of delivery method
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Review and validation of cart contents
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Identification via account creation or login
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Providing delivery information (method, fees, and delivery times)
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Providing billing information
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Confirming delivery method
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Order verification and validation, acceptance of GTC by checking the relevant box
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Payment information and validation
Product offers are valid as long as they are visible on the site and while stocks last.
The sale is considered final only after full payment has been received. It is the Client’s responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the website www.thaaschips.com constitutes a distance contract between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding payment of a previous order.
The Client can track the progress of their order on the website.
ARTICLE 3 BIS – CLIENT AREA – ACCOUNT
To place an order, the Client is invited to create a personal account. To do so, they must complete the form provided at the time of ordering and agree to provide sincere and accurate information regarding their identity and contact details, particularly their email address.
The Client is responsible for keeping this information up to date. They may modify it by logging into their account.
To access their personal space and order history, the Client must log in using their username and password, which are strictly personal. The Client agrees not to disclose them and remains solely responsible for their use.
The Client may also request account deletion through their personal space or via email. This will take effect within a reasonable timeframe.
In case of non-compliance with the general terms and/or conditions of use, www.thaaschips.com reserves the right to suspend or delete the account after a formal notice sent electronically remains without effect.
Any account deletion, regardless of the reason, results in the complete deletion of all Client personal information. Any event due to force majeure that causes a website or server malfunction, and any interruptions or modifications due to maintenance, do not engage the Seller’s responsibility.
Creating an account implies full acceptance of these general terms and conditions of sale.
ARTICLE 4 – PAYMENT TERMS
The price is paid via secure payment, as follows:
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Payment by credit card
The price is payable in full by the Client on the day the order is placed.
Payment data is encrypted using the protocol defined by the authorized payment service provider for transactions made on the website www.thaaschips.com.
Payments made by the Client will only be considered final once the Seller has effectively received the due amounts.
The Seller is not obliged to deliver the ordered Products if the Client has not paid the full price under the conditions specified above.
ARTICLE 5 – DELIVERY
For any order placed, the delivery period of 10 days begins for mainland France.
Products ordered by the Client will be delivered only within mainland France.
Deliveries are made within 10 days to the address provided by the Client at the time of the order on the website.
Delivery refers to the physical transfer or control of the Product to the Client. Unless special cases or unavailability of one or more Products arise, the Products will be delivered in one shipment.
The Seller agrees to make its best efforts to deliver the Products ordered within the above timeframes. However, these timeframes are indicative only.
If the ordered Products are not delivered within 20 days after the indicative delivery date, for reasons other than force majeure or Client’s fault, the sale may be canceled at the Client’s written request under Articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Client will then be refunded within fourteen days following the termination of the contract, excluding any other compensation or deduction.
Deliveries are made by an independent carrier to the address provided by the Client, which must be easily accessible. If the Client chooses their own carrier, delivery is deemed complete upon the Seller’s handover of the Products to the chosen carrier without reservation. The Client acknowledges that the carrier is solely responsible for the delivery, and no claim can be made against the Seller in case of delivery issues.
If the Client requests specific packaging or transport conditions, duly accepted in writing by the Seller, the related costs will be charged in addition based on a prior quote accepted in writing by the Client.
The Client must check the condition of food products on the day of delivery. The right of withdrawal cannot be exercised for perishable goods or goods unsealed after delivery that cannot be returned for hygiene or health protection reasons (Articles L121-21-8-4°-5° of the Consumer Code). For non-food items, standard legal deadlines apply. Claims must be submitted by post or email with appropriate evidence (notably photos). After this period and without following these formalities, the Products are deemed compliant and free from defects, and no valid claim will be accepted by the Seller.
Relay Point Orders: the customer agrees to collect their order on the date specified by the carrier (GLS) and to store the products as instructed by the manufacturer. Any quality issue resulting from failure to comply is the buyer’s sole responsibility.
The Seller will refund or replace, as quickly as possible and at their own expense, Products proven to have defects or non-conformity, under Articles L 217-4 and following of the Consumer Code and these GTC.
Risk of loss and damage transfers to the Client only when they take physical possession of the Products. Products therefore travel at the Seller’s risk unless the Client chooses their own carrier, in which case risk transfers upon handover to the carrier.
ARTICLE 6 – TRANSFER OF OWNERSHIP
Ownership of the Products sold by the Seller shall only be transferred to the Client after full payment of the price, regardless of the delivery date.
ARTICLE 7 - RIGHT OF WITHDRAWAL
According to Article L221-18: The consumer has a period of fourteen days to exercise the right of withdrawal from a contract concluded remotely, following telephone solicitation or concluded outside business premises, without having to provide any justification or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph begins: 1° From the conclusion of the contract, for service contracts and those mentioned in Article L. 221-4; 2° From the receipt of the goods by the consumer or by a third party other than the carrier, designated by them, for sales contracts. For off-premises contracts, the consumer may exercise the right of withdrawal from the conclusion of the contract.
In the case of an order involving multiple goods delivered separately or an order of a good composed of lots or multiple parts delivered over a defined period, the withdrawal period begins upon receipt of the last good, lot, or part.
For contracts providing regular delivery of goods over a defined period, the period begins upon receipt of the first good.
ARTICLE 8 - SELLER'S LIABILITY - WARRANTIES
The Products supplied by the Seller benefit from:
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The legal guarantee of conformity, for defective, damaged, or non-conforming Products;
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The legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and rendering them unfit for use.
Provisions relating to legal warranties:
Article L217-4 of the Consumer Code: "The seller must deliver a product that conforms to the contract and is responsible for any lack of conformity existing at the time of delivery. The seller is also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation if these were made the seller's responsibility by the contract or were carried out under their responsibility."
Article L217-5 of the Consumer Code: "The product conforms to the contract: 1° If it is suitable for the usual purpose of a similar good and, if applicable:
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if it matches the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
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if it has the qualities a buyer might reasonably expect given the public statements made by the seller, producer, or their representative, particularly in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted."
Article L217-12 of the Consumer Code: "The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods."
Article 1641 of the Civil Code: "The seller is liable for hidden defects in the sold item which render it unfit for its intended use, or which so diminish its use that the buyer would not have acquired it, or would have paid a lower price, had they known of the defects."
Article 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."
Article L217-16 of the Consumer Code: "When the buyer requests the seller, during the course of the commercial guarantee granted at the time of purchase or repair of a movable good, to restore the product under warranty, any downtime of at least seven days is added to the remaining duration of the warranty. This period runs from the date of the buyer's request for intervention or the provision of the item for repair, whichever is later."
To assert their rights, the Client must inform the Seller in writing (email or letter) of the non-conformity of the Products or the existence of hidden defects upon their discovery. The Seller will refund, replace or repair the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of proof.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days after the Seller notes the non-conformity or hidden defect. This refund will be made using the same payment method used by the consumer, unless expressly agreed otherwise.
The Seller cannot be held liable in the following cases:
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Non-compliance with the legislation of the country where the products are delivered, which the Client is responsible for verifying;
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In case of misuse, use for professional purposes, negligence or lack of maintenance by the Client, as well as normal wear and tear of the Product, accident, or force majeure.
Photographs and graphics on the site are non-contractual and do not engage the Seller's responsibility.
The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
The right of withdrawal may be exercised after a written request to the following email address: commande@thaaschips.com. In this case, a return slip will be immediately sent to the buyer.
ARTICLE 9 - DATA PROTECTION
In accordance with Law 78-17 of January 6, 1978, it is reminded that personal data requested from the Client are necessary for the processing of their order and for issuing invoices.
These data may be communicated to the Seller’s potential partners responsible for the execution, processing, management, and payment of orders.
The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, and opposition with regard to information concerning them. This right may be exercised under the conditions described in the "legal notice" section of the website www.thaaschips.com.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the website www.thaaschips.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These Terms and Conditions and the resulting operations are governed by and subject to French law. These Terms and Conditions are written in French. If translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 12 - DISPUTES
This contract is subject to French law. The language of this contract is French.
Dispute resolution: We are available by email at contact@thaaschips.com to resolve any disputes that may arise.
Since January 2016, an EU-wide Online Dispute Resolution (ODR) platform aims to provide an independent, impartial, transparent, effective, fast and fair out-of-court procedure for resolving disputes arising from the online sale of goods or services between different EU countries. More information: http://ec.europa.eu
If you have not been able to resolve your dispute after sending us a written complaint (letter or email), dated, explaining the circumstances that led to the dispute and your demands, you may refer the matter to the consumer mediator listed below, if you have received a negative response from us or no response two months after sending your complaint.
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation scheme. The chosen mediation entity is:
MEDIATION CONSOMMATION DÉVELOPPEMENT / MED CONSO DEV
In the event of a dispute, you can file your complaint on its website: https://www.medconsodev.eu
or by post at: MEDIATION CONSOMMATION DÉVELOPPEMENT / MED CONSO DEV Centre d’Affaires Stéphanois SAS IMMEUBLE L’HORIZON – ESPLANADE DE FRANCE 3, RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE