TERMS & CONDITIONS
Identification of the Seller The General Terms and Conditions of Sale are those of the company TERRAMERANA, a simplified joint-stock company with a capital of 1,000 euros, registered with the Paris Trade and Companies Register under number Paris B 900428269, including VAT number FR10900428269, with its registered office located at 11B Rue Desbordes Valmore, 75116 Paris, France.
Scope of Application and Acceptance of the General Terms and Conditions of Sale The purchase of products offered on the website www.terramerana.co (hereinafter the "Site") is subject to these General Terms and Conditions of Sale of the Site (hereinafter the "GTC"). The products of TERRAMERANA are exclusively intended to be sold to final consumers, individuals or legal entities, excluding all resellers or intermediaries acting on behalf of resellers. Therefore, the Customer affirms that they are acting as a final consumer and have no intention of reselling the TERRAMERANA products for commercial purposes.
Any order on the Site constitutes full and unconditional acceptance of the General Terms and Conditions of Sale by the customer placing the order (the "Customer").
TERRAMERANA may update these General Terms and Conditions of Sale at any time. The General Terms and Conditions of Sale in effect at the time of the conclusion of the sales contract are those that apply and are accessible from the order confirmation email.
Furthermore, with each purchase of products on the Site, it is implied that you accept the current General Terms and Conditions of Sale at the time of placing your order. These terms and conditions can be viewed before placing the order.
Order Procedure Product Selection
At any time, you can add products to your selection by clicking "Add to Cart" and choose to complete your purchase or continue browsing.
You can view your selection by clicking "My Cart" in the menu at the top right, where the following will appear: the photo(s) of the product(s), color(s) and reference(s), the quantity(ies) selected, the unit price(s), and the subtotal of the selection. You will also be able to choose the delivery country and the preferred delivery method, which will calculate the delivery fees and, consequently, the total amount you will pay. The zone and delivery fees may, however, be modified later if desired, and the total amount will be updated accordingly based on your choices.
Identification
After selecting the product(s), click "Proceed to Checkout" to start the order process.
You will be asked to enter your email address.
The data recorded by the Site constitutes proof of all transactions between TERRAMERANA and its customers. In case of a dispute between TERRAMERANA and one of its customers regarding a transaction made on the Site, the data recorded by TERRAMERANA is considered valid proof of the transaction's content.
Order Validation
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Validation of Delivery Method
You will need to validate your delivery method and complete the necessary delivery information for the proper shipment of your order: shipping country, title, first name, last name, phone number, and delivery address.
Once this step is completed, click "Continue."
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Validation of Payment Method and Order Payment
You can use the same delivery address as your billing address or enter a different one. You will then be invited to select a payment method and enter your details.
At the end of the order process described above, after accepting all the current General Terms and Conditions of Sale and Use of the Site, click the "Pay Now" button. The sales contract will then be conclusively formed.
You must carefully verify the accuracy of your selection before confirming your order. While all efforts are made to ensure that the color and design of the products shown on the Site are faithful to the original products, variations may occur, especially due to technical limitations in color rendering on your computer equipment. Therefore, TERRAMERANA cannot be held responsible for errors or inaccuracies that are not substantial in the photographs or graphic representations of the products on the Site. If you have questions about the products, feel free to contact us at bonjour@terramerana.co.
Once completed, your order is transmitted to TERRAMERANA for processing.
TERRAMERANA reserves the right not to accept an order from a customer with whom it is in dispute over a previous order, or if TERRAMERANA reasonably believes that the customer has violated these General Terms and Conditions or engaged in fraudulent activity, or for any other legitimate reason.
Order Confirmation
A summary of your order will be sent to you by email. The acknowledgment of receipt will include the total amount of the order, delivery cost and time information, essential product characteristics, quantity, and price of the products purchased.
The customer formally accepts the use of email for the confirmation of the order content by TERRAMERANA.
We recommend that you retain this acknowledgment of receipt in paper or electronic form.
Pursuant to Article L. 134-2 of the Consumer Code, when an order is made for an amount equal to or greater than 120 Euros, TERRAMERANA retains the document confirming the contract concluded between TERRAMERANA and a customer via electronic means for a period starting from the conclusion of the contract until the date of delivery of the goods and for a period of ten years after the delivery date (in accordance with Decree 2005-137 of February 16, 2005). You may request access to this document at any time by contacting Customer Service via email at bonjour@terramerana.co, along with proof of your identity.
Price – Accepted Payment Methods Prices
Product prices are listed in Euros, including VAT. Except in cases of reimbursement (i) under the right of withdrawal or (ii) for non-compliance and hidden defects, TERRAMERANA will not refund VAT applied to purchases made on the Site (even if the buyer subsequently reships the products to a non-EU country).
For sales outside the European Union, customs clearance, payment of duties, or taxes are the sole responsibility of the customer.
TERRAMERANA reserves the right to modify the prices of products offered on the Site at any time and without notice. Products are billed based on the prices displayed on the Site at the time of the order, subject to availability of the products at that time.
All orders are payable in Euros and must be paid immediately when placing the order. In the case of unavailability of certain ordered products, only the price and shipping costs related to the available products will be charged.
Accepted Payment Methods
Accepted payment methods are credit and debit cards (Visa®, MasterCard®) through the secure platform provided by Shopify and PayPal.
In accordance with Article L. 132-2 of the Monetary and Financial Code, the payment commitment made by means of a payment card is irrevocable.
Any order placed on the Site guarantees that the customer has all the necessary authorizations to use the payment methods available on the Site.
Your order will only be shipped after verification of your payment method and receipt of payment authorization.
Your account will be charged when your order is shipped.
TERRAMERANA does not store customers' banking data.
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Retention of Title
The Products ordered remain the property of TERRAMERANA until full payment is received by TERRAMERANA.
However, you assume the risks (including loss, theft, or damage) regarding the Products delivered from the moment they are delivered to the address provided during the order.
Delivery Terms
Delivery Area
Delivery refers to the physical handover of the Product to the Customer (the "Delivery").
Products purchased on the Website can be delivered in France and abroad.
For security reasons, TERRAMERANA will not process any order for which a post office box, hotel, P.O. Box, or Cedex address is provided.
The Products are shipped to the delivery address you provided during the order process.
In case of an error in the address details provided by the Customer, TERRAMERANA will not be responsible for the inability to deliver the ordered Products.
Shipping Costs
When entering the order on the Website, the Customer must choose the delivery method and location.
The amount of the delivery charges is calculated based on the destination and the chosen delivery method.
Delivery Times
For any order placed on the Website, TERRAMERANA commits to preparing the order within 24 to 48 hours (excluding weekends and holidays) and within a maximum of 10 working days during peak periods (Christmas, sales, etc.), provided that these times start from the validation of your order by our Customer Service.
In case of impossibility to deliver, TERRAMERANA will try to find a secure place to drop off the Product. Otherwise, the Product will be returned to the TERRAMERANA warehouse.
TERRAMERANA will also leave a notice at the delivery address indicating where the Product is and the steps to follow for further delivery. The Customer can contact TERRAMERANA Customer Service to schedule another delivery date by sending an email to bonjour@terramerana.co.
When TERRAMERANA handles the delivery of the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of delivery.
To ensure these delivery times are respected, the Customer must ensure that they have provided accurate and complete delivery information (such as street number, building number, stairway, access codes, names and/or intercom numbers, etc.).
TERRAMERANA will not be held responsible for delays not caused by its fault or due to a force majeure event (as defined below).
TERRAMERANA also reserves the right to split deliveries. Your credit or payment card will be charged in the same way to match the price of the Products actually delivered. Delivery charges will be billed only for a single shipment and according to the details in your order summary.
For any questions, contact our Customer Service by sending an email to bonjour@terramerana.co.
Delivery Issues
Any defect or delay in delivery, exceeding the delivery times mentioned in Article 8, must be reported to our Customer Service as soon as possible by sending an email to bonjour@terramerana.co. Any complaint made more than fourteen (14) calendar days after the date of validation of your order will not be considered.
In case of damage to the product, the customer must:
• Refuse the package, which will then be directly returned to the sender • Issue a reservation upon receipt of the damaged package • File a complaint with the carrier
Without a reservation from the recipient, the carrier is not required to compensate. The recipient’s complaint will support the one made by our services.
To file a complaint, contact us at the following address: bonjour@terramerana.co, providing:
• Name of the recipient • Tracking number of the package • Product description • Photos of the damaged package with the postage clearly visible • Photo of the inside of the package • Photo of the damaged product
In case of non-compliance with the delivery deadline, you can cancel the order simply by email or registered letter with acknowledgment of receipt at the following address:
TERRAMERANA 11B rue Desbordes Valmore,
75116 Paris, France
TERRAMERANA will then be required to refund the full amount paid, no later than fourteen (14) days from the date of contract cancellation. If you receive the Product after using this option, you must return it according to the return procedures outlined in Article 10 below.
You must verify the conformity of the Products at the time of delivery and indicate, in the form of handwritten reservations with your signature, any anomalies (opened package, damaged product, etc.).
You should then contact Customer Service by sending an email to bonjour@terramerana.co. In case of non-compliance with the Products purchased or if they do not meet your satisfaction, you may return them or request an exchange.
Right of Withdrawal – Returns and Refunds
Right and Withdrawal Period
You have a legal right of withdrawal, which you can exercise under the conditions specified by Articles L. 121-21, L. 121-21-1, and L. 121-21-2 of the Consumer Code, except for perfumes and cosmetic products, if you meet the conditions set forth by these provisions, without needing to justify any reason and without paying penalties.
TERRAMERANA's general return policy (for any refund request) allows you to withdraw within fourteen (14) days from the delivery date of the Products, without needing to justify reasons and without paying a penalty. After this period, you will no longer be able to exercise your right of withdrawal.
How to Exercise the Right of Withdrawal
We offer you the option to fill out and send your withdrawal declaration by emailing us at bonjour@terramerana.co. You will then receive a confirmation of your withdrawal by email.
You can also, before the expiration of the fourteen (14) days withdrawal period mentioned above, send any other unambiguous statement expressing your intent to withdraw to the following address:
TERRAMERANA
11B rue Desbordes Valmore,
75116 Paris, France
Consequences of the Right of Withdrawal
As part of the exercise of the right of withdrawal or in case of non-compliance with the Product, you can return the purchased product(s) and request a refund under the conditions described in Article 11 below.
Return Procedures
As part of the exercise of the right of withdrawal, Products must be returned in their original packaging (with the pouch), in their original condition, unused, unworn, unwashed, with the hygiene label, and accompanied by the purchase invoice or a copy in case of partial return.
The return of a Product is at the customer’s expense. We do not yet offer free returns or refunds. The return of a Product will be subject to a credit note to be used on the Website.
To do so, you must send an email to bonjour@terramerana.co indicating the reasons for your return.
Products returned incomplete, damaged, worn, or soiled will not be considered.
Legal Guarantees
The Products sold by TERRAMERANA are subject to the legal warranties provided by Articles L. 211-4 to L. 211-13 of the Consumer Code and Articles 1641 to 1648 of the Civil Code, excluding any other warranties:
• Legal Warranty of Conformity
TERRAMERANA will deliver a Product that is in conformity with the contract and free from defects upon delivery, meaning the Product will be fit for the usual purpose of similar goods and will have the characteristics presented during the sale. TERRAMERANA is also responsible for defects in conformity resulting from packaging.
TERRAMERANA may replace the non-conforming Product. If replacement is impossible within one (1) month of the claim or if you request it in a duly justified manner, you may request a refund of the Product price.
This warranty applies as long as you make the request within two years from the delivery of the product. Defects in conformity occurring within twenty-four (24) months of delivery are presumed to have existed at the time of delivery, unless proven otherwise.
• Legal Warranty of Hidden Defects
TERRAMERANA will deliver a Product free from hidden defects that would make it unsuitable for the intended use, or which would reduce this use so much that you would not have purchased it, or would have paid a lower price if you had known about them. This warranty applies as long as you make the request within two (2) years of discovering the defect.
In case of hidden defect, you can either return the Product and get a refund of the price and costs associated with the sale or keep the Product and get a partial refund of the price. In all cases, you will need to prove that you meet the warranty conditions.
In case of non-compliance and hidden defects, you must return the Products to the following address:
TERRAMERANA
11B rue Desbordes Valmore,
75116 Paris, France
• Force Majeure
In case of an event of force majeure preventing the performance of these Terms and Conditions, TERRAMERANA will inform the Customer within fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Force majeure events include, but are not limited to, strikes, lockouts, riots, boycotts, insurrection, war, bad weather, epidemics, blockages of transport or supply means, earthquakes, fires, storms, floods, water damage, government or legal restrictions, legal or regulatory changes in marketing forms, computer failures, telecommunications network failures, and any other event beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended during the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the concerned transaction may be terminated at the request of either TERRAMERANA or the Customer without compensation. Customer’s failure to pay cannot be justified by a force majeure event.
Limitation of Liability
Under no circumstances can the liability of TERRAMERANA be engaged for any damage that does not result from a breach by TERRAMERANA of one of its obligations.
Miscellaneous Provisions
If one or more provisions of these General Terms and Conditions of Sale are deemed invalid or declared as such under the application of a law, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.
No tolerance, inaction, or inertia by TERRAMERANA shall be interpreted as a waiver of its rights under the General Terms and Conditions of Sale.
Governing Law - Disputes
These General Terms and Conditions of Sale are governed and interpreted in accordance with French law. However, in accordance with Regulation (EC) 593/2008 of June 17, 2008, these General Terms and Conditions of Sale do not prevent TERRAMERANA from complying with any provision more favorable to the Customer, which cannot be waived by agreement, under the law of the Customer’s habitual residence.
In case of a dispute related to the execution of an order, you have the option to use a conventional mediation procedure or any other alternative dispute resolution procedure.
These General Terms and Conditions of Sale are written in French. Notwithstanding the above, in case of a dispute, in accordance with Regulation No. 44/2001 of December 22, 2000:
You may bring the case either before the court of your domicile or the French courts.
TERRAMERANA may bring the case before the court of your domicile.
In case of discrepancies between the French version and the English version of the General Terms and Conditions of Sale, the French version shall prevail.
Terms of Use
The website www.terramerana.co (the "Site") is operated by TERRAMERANA, a simplified joint-stock company with a share capital of €1000, whose registered office is located at 11B rue Desbordes Valmore, 75116 Paris, France, registered in the Paris Trade and Companies Register under number 900 428 269 R.C.S. Paris.
The hosting provider of the website www.terramerana.co is: Shopify.
The directors of publication are Maureen Rellet and Agathe Videlaine, legal representatives of TERRAMERANA, whom you can contact at the following address: bonjour@terramerana.co.
Use of the Site and purchase of products offered on the Site are subject to these Terms of Use (hereinafter "Terms of Use"). By using the website www.terramerana.co, you acknowledge having read, understood, and accepted without reservation these Terms of Use. Similarly, by using the Site, you acknowledge the clauses related to the confidentiality of the Site (see "Security and Privacy").
TERRAMERANA may modify and update these Terms of Use at any time. The Terms of Use in effect at the time of use of the Site are the ones that apply to you. We advise you to regularly check the applicable conditions.
Personal Data and Cookies
In accordance with the provisions of French law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, the Site has been declared to the CNIL (National Commission on Informatics and Liberties) under number [●].
All the information in your Account is used solely within the framework of your business relationship with www.terramerana.co. This information is never shared with third parties or sold. Finally, your banking information is never in our possession. Transactions are fully processed by PayPal or by the secure payment module of our partner Shopify. The Site uses cookies (connection cookies), which the user is informed of upon entering the site. These cookies are used to record information about the computer’s browsing on the website. These cookies are only installed after user acceptance, and continuing to browse the site constitutes acceptance. The user can object to the use of these cookies by configuring their browser, knowing that access to certain services may require prior acceptance of cookies by the user.
Intellectual Property
All elements (designs, models, illustrations, images, soundtracks, texts, logos, trademarks, etc.) constituting the Site are the exclusive property of TERRAMERANA. Except as expressly provided in the Terms of Use, you are prohibited from reproducing, distributing, publishing, transmitting, modifying, or selling any part of the Site’s content, or from creating derivative works from it without the prior written consent of TERRAMERANA.
The "TERRAMERANA" trademark, all other trademarks and logos associated with TERRAMERANA, whether registered or not, displayed on the Site, as well as the domain name "anja-paris.com," are and will remain the exclusive property of TERRAMERANA. Any reproduction, distribution, transmission, modification, or use of these trademarks without the express prior consent of TERRAMERANA, for any reason, is prohibited.
You are prohibited from removing any copyright notice, trademark, or other exclusive rights from the Site or any content featured on it. You may make one copy of the web pages published on the Site for your private, personal, and non-commercial use, provided that any copy of these web pages retains all the copyright and exclusive rights notices.
Links
The Site may contain links to third-party sites that are not edited or controlled by TERRAMERANA. Such links are provided for convenience only; they should not and cannot be interpreted as an express or implied endorsement of these sites, their content, or any products or services offered there.
You may only set up a link to the Site with the prior, written, and express permission of TERRAMERANA.
Limitation of Liability
TERRAMERANA shall not be liable to you or any third party for any indirect, incidental, special, or consequential damages—this includes, but is not limited to, any loss of profits or other indirect losses—resulting from your use of the Site or your inability to use it. This limitation of liability applies to the fullest extent permitted by law.
No Warranty
TERRAMERANA cannot guarantee or affirm:
That the Site is free of viruses, data-crushing programs, Trojans, or other destructive material.
That the information contained on the Site is accurate, complete, or up-to-date.
The Site may contain technical inaccuracies or other defects, and TERRAMERANA does not guarantee the correction of these defects. The Site and its content are provided "as is" and "as available." TERRAMERANA expressly excludes all warranties, including implied warranties related to the usual conditions of use of the Site or the site’s suitability for normal use or a specific use, its quality, or compliance with legal provisions. This limitation of liability applies to the fullest extent permitted by law.
Governing Law - Disputes
These Terms of Use are governed and interpreted in accordance with French law, in accordance with Regulation (EC) 593/2008 of June 17, 2008. These Terms of Use are written in French.
In case of a dispute related to the use of the Site, you have the option to resort to a conventional mediation procedure or any other alternative dispute resolution procedure.
In case of a dispute, in accordance with Regulation No. 44/2001 of December 22, 2000:
You may bring the case either before the court of your domicile or the French courts.
TERRAMERANA may bring the case before the court of your domicile.
TERRAMERANA reserves the right to request and obtain injunctions or orders for the defense of its rights under these Terms.
In case of discrepancies between the French version and the English version of the Terms of Use, the French version shall prevail.