ARTICLE 1: PREAMBLE
The service available at www.tajan-shop.com (hereinafter referred to as Tajan "the shop") is offered by TAJAN SA, with a capital of €100,000, registered with the RCS of Paris B under the number 398 182 295.
TAJAN places goods for sale online - mainly works of art, new or used, such as paintings, sculptures, jewellery, furniture, trinkets, etc. These products are offered at fixed prices to internet users wishing to make a purchase on the website www.tajan-shop.com.
By clicking on the "I accept" button, the user accepts unreservedly the current conditions of use.
The parties agree that their relationship will be governed exclusively by the present conditions of use, to the exclusion of any conditions previously available on the site. If any condition were to fail, it would be considered to be governed by the currently prevailing practices in distance selling for companies whose registered office is located in France. TAJAN undertakes to comply with all provisions of the Code de la Consommation relating to distance selling.
ARTICLE 2: APPLICATION
ARTICLE 3: OBJECTS AND WORKS OF ART
The items offered for sale by TAJAN comply with the standards applicable in France. TAJAN strives to provide on its e-commerce site second-hand items in good condition and to accurately describe the condition of each item. However, the user acknowledges that he is purchasing a work or an object that is second-hand, and which may show some faults or traces of wear. Thus, items such as photographs, descriptions, graphics as well as all the information and features illustrating and/or accompanying the objects put on sale are not held as contractual.
Consequently, TAJAN can not be held liable for any error or omission in any of these items or in the event of modification made to such items by the sellers.
TAJAN shall indemnify the purchaser against any damages or harm resulting from the inaccuracy of its guarantees.
In the event of a dispute, in particular as to the authenticity or origin of the objects sold, TAJAN is bound by a best endeavours obligation; it can only incur liability on the express condition that a personal and proven fault is demonstrated against it.
Prices, taxes and shipping costs
Prices are displayed in euros, with all taxes included, plus shipping. They are subject to the legal French value added tax and any change in the legal rate of this tax will be reflected in the price of the articles presented on the site www.tajan-shop.com on the date stipulated by the law or regulation applicable. Prices are subject to change at any time, particularly as a result of any introductory offer or promotion. The amount of the shipping cost is displayed before the confirmation of the purchase. In the event that a purchase is cancelled, shipping costs are not refundable and will be deducted from the amount of the refund, which will take place within 30 days of the cancellation.
ARTICLE 4: ORDER AND PAYMENT
In all cases, the contract of sale is deemed to be completed only at the time the buyer's account is debited through a payment card.
The objects offered for sale are presented on the site www.tajan-shop.com and accompanied by a description. A customer wishing to buy one of these objects can click on its photograph. The item is added to his basket. When the customer intends to finalise his order, he can click on the "buy" button beneath his shopping cart. He is then directed to a page offering a summary of all the items to be included in his next order and he has at this stage the option to delete some of the items appearing in the shopping cart. He also has the option to cancel the procedure and to return to his shopping cart without the order being confirmed. If the summary containing the prices of the items and the delivery costs as advertised on the site www.tajan-shop.com suit him, the customer can enter his delivery and billing addresses and then pay by credit card, having been directed to the Société CIC-Monetico secure server. The buyer's bank details are not at any time in the possession of TAJAN; their protection and maintenance of their integrity are therefore the responsibility of the bank. Once the payment has been validated, TAJAN sends the buyer a summary of his order by email, including details of the items ordered, total price including VAT, delivery charges, and the expected choice of delivery method.
Prices are shown on our website in euros, all taxes included, excluding shipping cost. Prices in other currencies are given for information purposes only. Prices shown are subject to change without notice by TAJAN. However, purchases will be invoiced on the basis of the prices in effect at the time the order is recorded.
In the case of purchases destined for a country other than mainland France, customs duties or other local taxes are likely to be due. These fees, together with responsibility for making the relevant declarations and the making of payments to the competent authorities are the sole responsibility of the buyer.
Purchases are invoiced and payable in euros.
The customer expressly declares when confirming his order that he has all the necessary authorisations for the use of his chosen method of payment. He also undertakes to ensure his solvency before placing any order, in order for TAJAN to be able to proceed with the delivery of the items purchased. Similarly, TAJAN reserves the right to refuse to accept a purchase from or to make a delivery to an internet user with whom there is still a dispute relating, in particular, to the payment of a previous purchase. The buyer is furthermore advised that TAJAN may verify previous purchases in order to combat fraud, and in this context reserves the right to ask the buyer for any proof he deems relevant. It reserves the right to suspend or cancel any order or delivery following the outcome of this procedure. Furthermore, it can not bear any liability in the event of fraud or fraudulent use of any means of payment which would not have been detected by this verification procedure.
Payment is made online, by credit card.
Only credit cards (CB, Visa, Mastercard and American Express) are accepted.
To secure your payments online, TAJAN uses the secure payment system Monetico Paiement (CM-CIC), which operates under the following international standards:
PCI DSS certification.
The PCI DSS standard is a standard written jointly by the Carte Bleue/Visa and EuroCard/MasterCard networks. It brings together recommendations to ensure the security of confidential information held by companies, such as bank card numbers. Audit, the Crédit Mutuel-CIC Group obtained this brand name for its internet payment solution in 2007.
Since October 2008, a new security standard has been operational in France. It aims to authenticate the bearer of a bank card when payment is being made over the internet. This standard is declared under the name "Verified by Visa" for Visa and "MasterCard SecureCode" for MasterCard. It is based on the verification of information known only to the cardholder (in this case, a 4-digit code) and which will be requested by his bank during transactions on the web.
ARTICLE 5: DELIVERY
5.1: Delivery address
Purchases are delivered to the delivery address provided by the buyer when the customer account is created or on the day of purchase. Where the delivery address is different from the billing address, the two separate addresses should be provided. It is the customer's responsibility to provide when ordering all relevant delivery information to allow carriers to make the delivery. In the event that incorrect or incomplete information leads to the inability of the carrier to carry out the delivery, a second delivery will be made after the return of the goods by the carrier, subject to prior payment by the buyer of the full amount of the new freight charges.
5.2: Choice of Carrier
TAJAN offers the buyer the choice of several transport solutions, depending on the size, weight and quality of the item purchased.
1. Collect at Espace Tajan
The buyer, after selecting on-site collection from the various transport options, will receive an email informing him of the availability of his purchase at the TAJAN premises. In order to collect purchases, the buyer must present himself at 37, Rue des Mathurins, in Paris 8th arrondissement, bringing with him:
- the purchase slip
- proof of identity
- the email about availability received from TAJAN.
Items may be collected from Espace Tajan Monday to Friday, from 9:30 to 12:30 and from 14:00 to 18:00.
You are strongly advised to make an appointment beforehand in order to be able to collect your purchases as easily as possible, especially if the items are large or bulky.
TAJAN offers tracked home delivery in France by LA POSTE Colissimo.
COLISSIMO shipping costs are calculated at the time of purchase; they depend on the weight and size of the object.
Be careful, this method of shipping is not suitable for the carriage of works of art, or valuable or large items.
For fragile objects, TAJAN offers either
- transport by express courier (FEDEX).
- specialist transport offered by the La Société des Transports MONIN
TAJAN is in partnership with La Société des Transports MONIN to carry out the transport of works of art and large or bulky objects. MONIN uses special wrapping and packaging to ensure the complete security of the objects and the furniture being transported. If the buyer chooses this mode of delivery, he will be contacted directly by the carrier to establish a quote for transportation and, if applicable, storage.
The buyer is responsible for the mode of shipping selected and in no case can TAJAN be held responsible for the breakage or the loss of an object during transport.
Purchased items should be insured against any damage by the buyer after delivery.
5.3 Delay - Loss
Each carrier agrees on delivery deadlines; he is therefore solely responsible for their observation. If these deadlines are not observed, the buyer must first contact the carrier to seek an explanation.
In any case of continuing difficulties, the buyer can contact TAJAN by emailing the address "firstname.lastname@example.org" and providing all the relevant information about the problem encountered.
TAJAN will then make every effort to find a solution.
ARTICLE 6: WITHDRAWAL PERIODS
The buyer can take advantage of a withdrawal period, allowing him to abandon his purchase within 15 days from delivery, under the provisions of articles L 121-16 of the Code de la Consommation. He must, without fail, announce within this period his intention to return the parcel within the timeframe allowed for the exercise of his right to withdraw, in writing, to the address email@example.com. The products delivered must be returned to the Espace Tajan, 37, Rue des Mathurins, at the expense of the buyer and it is his responsibility to arrange transport insurance. Subject to compliance with the above provisions, TAJAN will refund the items purchased, excluding postage, within 30 days of receipt of returned items. No refunds can be made if the returned items are not perfectly intact.
ARTICLE 7: RETURNS
The risks involved in transport are entirely the responsibility of the sender, and it is therefore up to him to carry out all due diligence with regard to the security of the mode of transport, in particular by insuring his shipment. The costs incurred in returning items are entirely the responsibility of the sender, except where the return is occasioned by a mistake on the part of TAJAN.
ARTICLE 8: WARRANTIES
If an item is defective, the buyer must return it according to the conditions set out in article 7 of these Terms and Conditions. Damage caused by misuse of the object or by an external cause is not covered by any warranty.
ARTICLE 9: PERSONAL DATA
In accordance with the law of 6 January 1978, amended by the law of 6 August 2004, internet users have the right to access and rectify personal data concerning them. These data are provided only for the purpose of arranging the delivery of products ordered via the site. They are required for the processing of their order and any checks that may be carried out to combat fraud. If optional data are to be collected, the customer will be advised of this optional nature. The customer is advised that a refusal to provide required data will make it impossible to proceed with the delivery of the products he wishes to order. He is also advised that in the course of verification of the information he provides when placing an order; the data may be transmitted to third parties for the sole purpose of verification.
The customer can oppose the possible transfer to a third party of personal data concerning him, except those third parties in charge of the verification of the required data supplied at the time of the order, it being specified that this opposition may result in it being impossible to process his order.
ARTICLE 10: FORCE MAJEURE - APPLICABLE LAW
The reciprocal obligations resulting from these general conditions may be suspended in the event of the occurrence of unforeseen circumstances or force majeure. In particular, they will be considered as those which are usually retained by the jurisprudence of the French Courts. These general conditions are subject to French law as regards the substantive rules as well as the rules of form. Any dispute shall be the subject of an attempt to reach an amicable settlement.