Terms and Conditions
LEGAL NOTICE
In accordance with the provisions of Law No. 2004-575 of 21 June 2004 on trust in the digital economy, users of the Thatsnotabag website are informed of the identity of the various stakeholders as part of its implementation and monitoring.
Site edition
This site, available at www.thatsnotabag.com (the “Site”), is published by:
Shanie Bellanger, resident 5 rue des Surgettières Saint saturnin, of French nationality (France), born(e) on 21/06/1998, registered with the R.C.S. de LE MANS under number 953 933 819 R.C.S. Le Mans,
n° Siren: 953933819
Hosting
The Site is hosted by the company Worldpress, located 15 Avenue Arago 91420 Morangis France, (telephone contact or email: +33954436720).
Publishing director
The Site Publishing Director is Shanie Bellanger.
Contact us
By phone: +33674902119
By email: thatsnotabag@gmail.com
By mail: 5 rue des Surgettières Saint saturnin
General Terms of Sale
In force as of 30/11/2023
ARTICLE 1 – SPECIFICATIONS
These General Terms and Conditions of Sale (hereinafter referred to as “GTCs”) apply, without limitation or reservation, to all sales concluded by the Seller to non-professional buyers (“Customers or Customer”) wishing to acquire the products offered for sale (“Products”) by the Vendor on the site https://www.thatsnotabag.com/. The Products offered for sale on the site are the following:
Bag
The main characteristics of the Products, in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the site https://www.thatsnotabag.com/ which the customer is obliged to read before ordering.
The choice and purchase of a Product is the sole responsibility of the Customer.
Offers of Products are understood to be within the limits of available stocks, as specified at the time of placing the order.
These GTCs are available at any time at https://www.thatsnotabag.com/ and will prevail over any other document.
The Customer declares to have read these GTC and accepted them by checking the box provided for this purpose before implementing the online ordering procedure of the site https://www.thatsnotabag.com/.
Unless otherwise proven, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The contact details of the Seller are as follows: Thatsnotabag,
Email: shop@thatsnotabag.com
Phone: +33 674902119
The Products presented on the site https://www.thatsnotabag.com/ are available for sale in the following territories:
WORLD
In the case of an order to a country other than France Metropolitan, the Customer is the importer of the Products concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated without taxes automatically on the invoice.
Customs or other local taxes or import duties or state taxes may be required. They will be the sole responsibility of the Customer.
ARTICLE 2 – PRICE
The Products are supplied at the current rates shown on the website https://www.thatsnotabag.com/, when the Seller makes an order.
Prices are expressed in Euros, HT and TTC.
The prices take into account any discounts that would be agreed by the Seller on the site https://www.thatsnotabag.com/.
These prices are fixed and non-revisible during their period of validity but the Seller reserves the right, outside the period of validity, to change their prices at any time.
The prices do not include the costs of processing, shipping, transportation and delivery, which are charged as a surcharge, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
An invoice is issued by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 3 – COMMANDS
It is up to the Customer to select on the site https://www.thatsnotabag.com/ the Products he wishes to order, according to the following modalities:
The customer chooses a product that he puts in his cart, Product that he may remove or modify before validating his order and accepting these general conditions of sale. He will then enter his contact details or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the conditions provided.
Offers of Products are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is up to the Customer to verify the accuracy of the order and to report any error immediately.
Any order placed on the site https://www.thatsnotabag.com/ constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there would be a dispute regarding the payment of a previous order.
The Customer will be able to follow the evolution of his order on the site.
Any cancellation of the order by the Customer after its acceptance by the Seller will be possible only within 10 days at most after the acceptance of the Order by the Vendor and as long as the delivery has not taken place (regardless of the provisions concerning the application or non-application of the statutory right of withdrawal).
ARTICLE 4 – CONDITIONS OF PAYMENT
The price is paid by secure payment in the following ways: payment by credit card
The price is payable by the Customer, in full on the day of placing the order.
The payment data is exchanged in encrypted mode through the protocol defined by the authorized payment provider involved for banking transactions carried out on the site https://www.thatsnotabag.com/.
Payments made by the Customer will be considered final only after the seller has actually collected the amounts due.
The Seller will not be obliged to proceed with the delivery of the Products ordered by the Customer if he does not pay the price in full under the conditions indicated above.
ARTICLE 5 – DELIVERY
The Products ordered by the Customer will be delivered in metropolitan France or in the following areas: Europe and World.
Deliveries take place within a period of time from it varies depending on the address to the address indicated by the Customer when ordering on the site.
The delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in a particular case or unavailability of one or more Products, the Products ordered will be delivered in one time.
The Seller undertakes to make every effort to deliver the products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within a period of time depending on the address after the indicative date of delivery, for any reason other than force majeure or the Client’s fact, the sale may be resolved at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3. and L 241-4 of the Consumer Code. The amounts paid by the Customer will then be returned to him no later than fourteen days after the date of termination of the contract, excluding any compensation or withholding.
Deliveries are carried out by an independent carrier, to the address specified by the Customer at the time of ordering and to which the carrier can easily access.
When the Customer has himself charged himself to use a carrier of his own choice, the delivery is deemed to have been made as soon as the Products ordered by the Seller are delivered to the carrier.
who accepted them unreservedly. The Customer therefore acknowledges that it is the carrier’s responsibility to carry out the delivery and has no guaranteed remedy against the Seller in case of non-delivery of the goods transported.
ARTICLE 6 – TRANSFER OF OWNER
The transfer of ownership of the Products from the Seller to the Customer will be carried out only after full payment of the price by the latter, regardless of the date of delivery of Products.
ARTICLE 7 – RIGHT OF RETIRATION
According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods for a defined period, the period runs from the receipt of the first good.”
The right of withdrawal can be exercised online, using the attached form and also available on the site or any other declaration, unambiguous, expressing the will to withhold and in particular by postal mail addressed to the Seller to the postal details or mail indicated in ARTICLE 1 of the GTC.
Returns must be made in their original state and complete (packaging, accessories, leaflet…) allowing their re-marketing in the new state, accompanied by the purchase invoice.
Damaged, filthy or incomplete Products are not taken back.
The remaining return costs shall be borne by the Customer.
ARTICLE 8 – RESPONSIBILITY OF THE SELLER – GARANTIES
The Products provided by the Seller benefit:
the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order, · of the legal warranty against hidden defects arising from a material, design or manufacturing defect affecting the delivered Products and making them unsuitable for use.
Article L217-4 of the Consumer Code
“The seller is obliged to deliver the goods in accordance with the contract and is liable for any defects of conformity existing at the time of delivery. It is also responsible for defects of conformity resulting from the packaging, the assembly instructions or the installation when it has been assigned to it by contract or has been carried out under its responsibility.”
Article L217-5 of the Consumer Code
‘The property is in conformity with the contract:
1° if it is suitable for the usage normally expected of a similar property and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or model;
– whether it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
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 knowledge of the seller and accepted by the latter.”
Article L217-12 of the Consumer Code
“The action resulting from non-compliance is prescribed for two years from the date of issue of the property.”
Article 1641 of the Civil Code.
“The seller is liable for the warranty on account of the hidden defects of the thing sold which make it unsuitable for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them.”
Article 1648 (1) of the Civil Code.
“The claim arising from the defects of the buyer must be brought by the acquirer within two years of 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 to him during the acquisition or repair of a movable property, to re-establish the guarantee covered, any period of immobilization of at least seven days shall be added to the remaining guarantee period. This period starts from the request for intervention by the buyer or from the provision for repair of the property in question, if such provision is subsequent to the intervention request.”
In order to assert its rights, the Customer must inform the Seller in writing (e-mail or mail) of the non-conformity of the Products or the existence of hidden defects from their discovery.
After-sales service
For any information, question or complaint, the customer can contact us from Monday to Friday, from 9 am to 6 pm.
Tel: 06 74 90 21 19
e-mail: Shop@thatsnotabag.com
The Seller shall not be liable in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify, · in case of improper use, use for business purposes, negligence or failure to maintain on the part of the Client, as in the case of normal wear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and could not engage the liability of the Seller.
The Seller’s warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 9 – PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery / delivery entrusted to the Seller. These personal data are collected only for the performance of the sales contract.
9.1 Collection of personal data
The personal data that are collected on the site https://www.thatsnotabag.com/ are the following:
Order Products:
When ordering Products by the Customer:
Name, surname, postal address, telephone number and e-mail address.
Payment
In the context of the payment of the Products offered on the site https://www.thatsnotabag.com/, this records financial data relating to the bank account or credit card of the Customer / user.
9.2 Recipients of personal data
The personal data are reserved for the sole use of the Seller and its employees.
9.3 Controller
The data controller is the Seller, within the meaning of the Information Technology and Freedoms Act and as from 25 May 2018 of Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expressly agrees, his/her personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will retain the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the site https://www.thatsnotabag.com/ is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an offence of counterfeiting.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
The present GTC and the transactions arising therefrom are governed and subject to French law.
The present GTC are drafted in French. In the event that they were translated into one or more foreign languages, only the French text would be valid in the event of a dispute.
ARTICLE 12 – DISPUTES
For any claims please contact the customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these GTC.
The Customer is informed that he may in any case resort to contractual mediation, to existing sectoral mediation bodies or to any alternative means of settling disputes (for example, conciliation) in the event of a dispute.
Email: thatsnotabag@gmail.com.
The Customer is also informed that he may also use the Online Dispute Resolution (RLL) platform:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded pursuant to these GTC and which would not have been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts in the terms of common law.
Done at https://www.legalplace.fr