TERMS AND CONDITIONS OF USE
THE "TENMO" PLATFORM
The company TENMO, registered under the SIREN number 909316739, makes available on its website www.TENMO.fr a Marketplace (hereinafter referred to as "TENMO") intended for both private buyers acting on a private basis (hereinafter referred to as the "Consumer Buyers"), and professionals acting within the framework of their professional activity (hereinafter referred to as the "Professional Buyers") (the Consumer Buyers and Professional Buyers are collectively referred to as the "Buyers").
Within the framework of the Marketplace, TENMO acts as a simple intermediary and hosts offers of products and services (hereinafter the "Products") proposed by professional sellers registered on the Marketplace (hereinafter the "Sellers") to Buyers.
TENMO may sell under its own brand name, in which case the products are indicated by the words "Sold by TENMO". Products sold by other third-party vendors on TENMO are indicated on the product sheets by the words "Sold by [name of vendor]".
1/ Scope of the TENMO Marketplace GENERAL CONDITIONS OF USE
These TENMO Marketplace general conditions of use (hereinafter "GCU") apply to any order for Products placed by a Buyer with a Seller on the TENMO Marketplace. The applicable GCU are those in effect on the day the Buyer places the order. The placing of any order via TENMO Marketplace is subject to full and unreserved acceptance of the present GTCU and the Sellers' General Terms and Conditions of Sale (hereinafter the "GTCS"). The Sellers alone determine their GSC and are bound by the regulations in force.
When the Purchaser makes a purchase of a product sold by TENMO, the placing of this order is subject to the full and unreserved acceptance of these GCU and TENMO's own GCV.
2/ TENMO's role
TENMO acts simply as an intermediary between Sellers and Buyers on the TENMO Marketplace, and is not a reseller of the Products offered by the Sellers (clearly identified on the Site as specified in the preamble and in the shopping cart.
Pursuant to French law no. 2004-575 of June 21, 2004 on confidence in the digital economy (LCEN), TENMO may not be held liable for content made available on the Site by Sellers (prices, Product descriptions, visuals of Products ....) or Buyers, unless TENMO does not promptly render such content inaccessible after having been notified of its manifest illegality under the conditions provided for by the LCEN.
Consequently, any complaint must be addressed by the Buyer to the Seller via TENMO customer service, or directly via the contact details shared by the Seller. The Seller is responsible for handling complaints and after-sales service relating to the Products it sells on the Site via TENMO Marketplace, unless it subscribes to the additional customer service services provided by TENMO. TENMO nevertheless reserves the right to intervene in arbitration should the Seller fail to respond to a request.
3/ Ordering process
- Offers and orders
- Offer creation
All offers on the TENMO Marketplace are created and filled in by the Sellers, who are solely responsible for the completeness of the description provided, the conformity of the Product offered to said description and the determination of the sale price.
Sellers are also responsible for providing information on the condition of each Product they offer for sale.
- Order process
By clicking on the "Buy" icon during the order process, and after having read the GTC and the Seller's return policy indicated by the latter via the description page of the product concerned, checked the content of the order and, where applicable, after having modified it, the Buyer declares that he/she fully and unreservedly accepts the entirety of these GTC.
After reconfirming the content of the order and accepting his obligation to pay for the order, the Buyer will definitively validate his order by actual payment. The order will only be valid and taken into account once the price of the Product has been paid.
The Seller has 5 working days to accept the order. TENMO will then send an e-mail to the Buyer confirming that the order has been accepted, and will inform the Seller of this order. The Seller is responsible for informing the Buyer of the acceptance or refusal of the order.
Upon confirmation that the order has been taken into account, the Buyer is debited by TENMO for the amount of the Products purchased. Once the order has been confirmed, the order data will remain accessible to the Purchaser in the "My Orders" section of the Site.
The Buyer is invited to evaluate the Seller's performance at the end of the sale.
It should be noted that the Vendor reserves the right not to validate an order and/or to cancel an order.
suspend the execution of the Buyer's order, even after the Order Confirmation email has been sent (as referred to above), for any legitimate reason, in particular in the event that :
- The order does not comply with the Seller's GTCU and GTCS;
- The quantities of products in stock would not be sufficient to meet the order.
- The quantities of products ordered do not correspond to normal consumer use;
- Several serious and concordant factors point to the suspicion of fraud in the order.
- Product price and payment
The price of each product is indicated in the product description:
- For consumer Buyers: the price includes VAT and excludes delivery charges. Where applicable, delivery charges are added to the price of the Product before final validation of the order.
Buyers can pay by credit card in cash or :
Payment for orders placed via TENMO Marketplace is made to MANGOPAY, which collects the funds on behalf of the Sellers.
Any order from a Buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress, may be refused by TENMO.
- Suspension/Closure of a TENMO Marketplace Buyer account
In the event of abnormal activity on the part of a Buyer on the Site (such as any activity of a professional nature for consumer Buyers) observed by TENMO or the Seller on the basis of serious and concordant evidence that would give rise to a suspicion of fraud on the part of the said Buyer, TENMO reserves the right to suspend and/or close the Buyer account(s) concerned. In this case, the Buyer will receive an email from TENMO informing him/her of the closure of his/her Buyer account.
4/ Shipping and delivery
Some Products purchased from Vendors may be shipped by TENMO.
If the Vendor confirms the order, even partially, he undertakes to dispatch and deliver the available Products within the times indicated, in accordance with the terms chosen by the Buyer.
All the times announced for the delivery or the availability of the products offered by the Seller in a collection point or store are given directly by the Seller. These times correspond to :
- For home delivery for consumer Buyers or to the address provided (billing or delivery address) for professional Buyers and delivery to a collection point: the time required to process, prepare and dispatch orders, as well as the delivery time of the carrier used by the Vendor.
The above-mentioned deadlines run from the moment the Product order is validated.
The Buyer chooses from among the delivery methods offered for each Product.
Products purchased from TENMO Marketplace Sellers can be delivered in the following ways:
- Home delivery for consumer Buyers or to the address indicated (billing or delivery address) for professional Buyers: the order is sent to the address indicated by the Buyer.
- In-store delivery : the order is delivered to the Vendor's store. The Buyer may pick up his order, as soon as the Vendor has received it in its store. When the Product is available in the store, the Buyer receives an email informing him that he can collect his Product.
- Immediate collection: the Buyer can collect the order immediately after purchasing on the site, in the Seller's store. The delivery time of the Product will be indicated to the Buyer in the order validation email.
- So Colissimo and Mondial Relay® collection points: The order is delivered to a collection point. The Buyer collects the parcel from the collection point chosen when placing the order. The parcel is delivered in person, on presentation of proof of identity and the collection slip.
In the event of non-conformity of the Product delivered, the Vendor undertakes to remedy the situation or reimburse the Customer, as indicated in the article - "Warranty".
The Seller assumes the risks of transport and is obliged to reimburse the Customer in the event of damage caused during transport.
The customer must check the condition of the products delivered. He/she has 48 hours from the date of receipt to make a claim, by post or by e-mail, for any reservations or claims for non-conformity or apparent defects of the Products delivered (e.g. damaged package already opened, etc.), with all supporting documents (in particular photos).
Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.
The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proved to be lacking in conformity or to have an apparent or hidden defect, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these General Terms and Conditions of Sale (see warranties, in particular).
In accordance with European regulations, a consumer Buyer residing in a Member State of the European Union may place an order with a marketplace Seller. The Seller has no obligation to deliver if it does not usually deliver to this country. Certain Vendors are eligible for delivery in Europe, and the Consumer Buyer is informed of this when the order is placed.
5/ Right of withdrawal
- / Principle of the right of withdrawal :
In accordance with the provisions of articles L. 221-18 et seq. of the French Consumer Code, the Consumer Buyer has a cooling-off period of fourteen (14) calendar days from the day following receipt of the last Product in the order.
The Consumer Buyer may return, without having to justify his reasons or pay any penalties, with the exception of the return costs which remain at his expense, any item in a condition allowing it to be sold again (this presupposes that it is returned in its original packaging or, at the very least, in packaging allowing equivalent protection of the said item during its return transport) and request reimbursement.
To return one or more Products, the consumer Buyer must contact TENMO Customer Service or contact the seller directly. Information concerning the order and payment can be accessed in the Customer Area, under "My orders".
The return of a parcel must be carefully prepared in accordance with the instructions given by the Vendor. In particular, it must be returned with all the accessories delivered in its original packaging or, at the very least, in packaging allowing equivalent protection of the Product, and sent to the address of the competent service which has been communicated to the Consumer Buyer by the Vendor.
The Consumer Buyer has fourteen (14) days to return the Product to the Seller.
In accordance with legal provisions, the Seller :
- Has fourteen (14) days to reimburse the Consumer Buyer, from the date on which he/she is informed of his/her decision to withdraw.
- May defer repayment until recovery of goods.
For a product sold by TENMO, TENMO will proceed to reimburse the Consumer Buyer. For a product sold by a third-party Vendor, TENMO will proceed to reimburse the Consumer Buyer on the Vendor's order, using the same means of payment as the one used to pay for the order. Thus, if the Consumer Buyer paid for his order using a bank card, TENMO will reimburse the Consumer Buyer by crediting his bank card again.
- / Exceptions to the right of withdrawal
You are expressly reminded that under the terms of article L. 221-28 of the French Consumer Code, unless agreed by the Seller, the right of withdrawal cannot be exercised for contracts :
- Supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express agreement and express waiver of his right of withdrawal;
- The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- Supply of goods made to the consumer's specifications or clearly personalized;
- Supply of goods liable to deteriorate or expire rapidly;
- The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
- The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- Supply of audio or video recordings or computer software when they have been unsealed by the consumer Buyer after delivery;
- Supply of a newspaper, periodical or magazine;
- The supply of digital content not supplied on a physical medium, the performance of which has begun after the prior express agreement of the consumer Buyer and express waiver of his right of withdrawal.
6.1 Contractual warranty
The customer benefits from a contractual warranty on the products supplied by the company. This guarantee is displayed on TENMO MARKETPLACE and its duration varies according to the category of products ordered.
Additional warranty services may be offered depending on the products ordered. Their scope and pricing will be specified during the order process.
6.2 Legal warranty
In accordance with articles L 217-4 et seq. of the French Consumer Code, as well as articles 1641 and 1648 of the French Civil Code, the Internet user also benefits from a guarantee allowing him/her to return defective products.
- Article L217-4 of the French Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.
- Article L217-5 of the French Consumer Code
To conform to the contract, the good must :
1º Be fit for the use ordinarily expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2º Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
- Article L217-12 of the French Consumer Code
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
- Article 1641 of the French Civil Code
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
- Article 1648 al 1er code civil
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
TENMO is responsible for the proper performance of the obligations arising from the contract concluded at a distance, whether these obligations are to be performed by itself or by subcontractors, without prejudice to its right of recourse against the latter.
TENMO shall not be held liable for non-performance of the contract entered into as a result of an event of force majeure (as defined by law), and in particular in the event of a total or partial strike by postal services, carriers, and disasters caused by flood or fire. This limitation of liability also applies in the event of non-performance of the said contract due to the unforeseeable and insurmountable fault of a third party unrelated to the supply of the services provided. With regard to products purchased to satisfy professional needs, TENMO shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses that may arise from the present contract.
The choice and purchase of a product or service are the sole responsibility of the customer. The total or partial impossibility of using the products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or liability on the part of TENMO, except in the case of a proven hidden defect, non-conformity, defect caused by the Seller or exercise of the right of retraction.
7/ Personal data
All the definitions defined in TENMO's Personal Data Protection Policy are applicable to this paragraph.
The processing of Buyers' Personal Data on TENMO Marketplace: by whom, why and where?
In the context of an order placed by a Buyer on TENMO Marketplace with a Seller, TENMO and the Seller are distinctly responsible, within the meaning of Article 26 of the RGPD, for the processing of the Buyer's Personal Data collected in the context of his order.
The Buyer's Personal Data is collected and processed for the following specific Purposes
detailed below, for which either the Seller or TENMO is responsible:
|Purpose||Data controller - Product sold by TENMO||Data controller - Product sold by Vendor tier||Recipient(s)|
|Order management, processing, tracking and shipping||TENMO||Sales||Providers specializing in transport and delivery Providers specializing in optimizing inventory and supply management, transport and delivery|
|Issuing invoices||TENMO||Sales||Specialized invoicing service provider, if applicable|
|Customer relationship management (in the event of complaints/litigation)||TENMO||Sales||Specialized customer relationship management service provider|
|Legal and/or regulatory obligations||TENMO||TENMO and/or Seller||–|
The Buyer is hereby informed that the provisions of TENMO's Personal Data Protection Policy, and in particular the purposes set forth therein, remain applicable in the context of the Buyer's use of his Customer Area and the placing of an order on TENMO Marketplace.
As a general rule, the Purchaser's Personal Data is stored within the European Union. However, as some of the Vendors or service providers may be located in countries outside the European Union ("Third Countries"), TENMO and/or the Vendor may transfer some of this data to Third Countries. This may in particular be the case to Third Countries for which the European Commission has not assessed the level of compliance.
In such a case, TENMO and/or the Seller ensure that the transfer is carried out in compliance with the applicable regulations and guarantee an adequate level of protection of the Buyer's privacy and fundamental rights (in particular by using the European Commission's standard contractual clauses).
Upon request, the Data Protection Officer can provide further information on
information to the Buyer regarding such transfers.
In accordance with the provisions of the RGPD, any Buyer has the right to access, oppose, rectify, delete and port personal data concerning him at any time, which he may exercise by writing by post and providing proof of his identity to: firstname.lastname@example.org and/or by post addressed to TENMO, 6 Rue Vlaminck, Grigny.
The latter may also formulate specific and general post-mortem directives concerning the conservation, deletion and communication of his/her Personal Data. In the absence of any such directives, the Buyer's heirs may contact TENMO in order to (i) access the data processing allowing "the organization and settlement of the deceased's estate" and/or (ii) proceed with the closure of the Buyer's user account on the Site and/or oppose the continued processing of his or her Personal Data.
In any case, the Buyer has the possibility to inform us, at any time, that he/she does not wish to subscribe to our services.
not, in the event of death, allow its Personal Data to be communicated to a third party.
In the event that any provision of these TENMO Marketplace General Terms and Conditions of Use is deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.
9/ Applicable law and settlement of disputes
These GCU are governed by French law. Any dispute arising herefrom shall be submitted to the French courts.