1 - GENERAL ISSUES
1.1 Sales negotiated on the www.tanyhafa.com website override all other conditions of purchase, except with our written and explicit agreement.
1.2 Gems are proposed for sale on the www.tanyhafa.com website in the framework of a remote sale governed by the Code of Commerce of the Republic of Madagascar and the tax regulations of the Republic of France with regard to foreign companies residing outside French territory.
1.3 These General Sales Terms and Conditions specify the conditions of:
- possible return of goods
1.4 An order placed on the www.tanyhafa.com website implies the complete and irrevocable acceptance of these sales conditions by the buyer.
1.5 The sale only becomes final and conclusive after confirmation by S.A. Mines Tany Hafa of the order made by the customer.
2 - PRICE
2.1 Gems are offered at the prices listed in the current catalogue of the online sales website www.tanyhafa.com.
2.2 S.A. Mines Tany Hafa being a foreign company non resident in France and in virtue of the strict application of French tax regulations, it is formally forbidden to include VAT.
Tax free prices are therefore net prices for customers.
2.3 All gems have been legally cleared through customs on the European Union zone by S.A. Mines Tany Hafa.
2.4 Shipping, packaging, payment on delivery and insurance costs are not included and will be added to the invoice.
2.5 The buyer will be informed of the costs of shipping and insurance by S.A. Mines Tany Hafa before completion of his order.
3 - ORDER
3.1 Only gems in stock and offered for sale on the www.tanyhafa.com website may be ordered.
3.2 All items figuring in the order will be sent to the address communicated by the buyer in his order, except for those which are not available on the day the complete order is received.
4 - BILLING
4.1 An invoice will be established by S.A. Mines Tany Hafa with the details of the order and will be sent to the customer by e-mail.
5 - PAYMENT
Payment of invoices for products which have been bought, together with shipping and insurance charges, may be made in the following ways:
5.1 Online payment
Eurocard, Mastercard, ... as well as secure payment using Paypal
5.2 Payment by bank transfer
All transfer costs are at the buyer's expense. The transfer should be addressed to:
La banque Postale
Centre financier de Lyon
69900 LYON CHEQUES France
BIC : PSSTFRPPLYO
IBAN FR54 2004 1010 0714 5854 2V03 840
5.3 Payment by postal order to be sent to the following address :
S.A. Mines Tany Hafa
3 rue de la Gatolière
69290 Craponne France
5.4 Payment by cheque in Euros addressed to :
S.A. Mines Tany Hafa
3 rue de la Gatolière
69290 Craponne France
An additional 25 € must be added for all payments by cheque on a non French bank.
5.5 Payment on delivery
6 - FAILURE TO PAY
Any failure to pay part or the entire sum due to S.A. Tany Hafa will give rise, with or without prior notice, to the suspension of deliveries to the buyer, until he has settled the outstanding payments. In the event of legal action, the buyer will be responsible for all expenses incurred by S.A. Mines Tany Hafa to recover the amounts due. It is expressly stipulated that failure to pay at the appointed time will not only trigger the immediate obligation to pay all amounts due, whatever the method of payment originally planned, but will also, under the penalty clause, give rise to a compensation equal to 20 % of the outstanding amounts, plus legal interest and all legal costs incurred.
7 - RESERVATION OF TITLE
S.A. Mines Tany Hafa retains ownership of the goods sold until effective payment of the total price of items and accessories. Failure to respect any term of payment may cause reclaiming of the goods. This in no way affects the transfer to the customer, as soon as the goods have left the seller's premises, of the risk of loss or damage of goods, as well as any collateral damage they may cause. The goods continue to be the property of the seller until full payment of the price of goods and services.
8 - DELIVERY
Goods will be delivered by postal services or carrier to the address provided by the buyer at time of order.
In case of absence
A delivery notification will be left in the letter-box. It will indicate where and when you may collect your package. Some carriers propose a second delivery at your convenience.
If you would like a delivery address which is different from the billing address, you can request this at the time of placing your order.
S.A. Mines Tany Hafa advises you to inspect the condition of your package on delivery and to make any legal reserves you consider necessary when accepting the delivery.
Export outside the European Union
Contact our Customer Service for estimation. You will need to give the name of your carrier and his e-mail address.
In all events, goods will only be delivered once the order has been confirmed by the buyer and the goods have been fully paid for.
Delivery is considered complete when the goods are handed over and accepted by the recipient's signature on the certificate of delivery.
9 - DELIVERY DATE
In general, orders are delivered within ten working days of effective payment. However, as we are dependant on our carriers, S.A. Mines Tany Hafa can only give this as an indication and not as a guarantee.
In the event of non-delivery of goods, the recipient should inform our customer service within 15 working days of order and complete payment (products, shipping and insurance).
S.A. Mines Tany Hafa declines all responsibility for delivery delays due to postal services and carriers, as well as for the loss of goods which have been ordered or for industrial action. Risks relating to transport are the buyer's responsibility, and he should make a formal declaration to the postal services or carrier within three days of delivery.
10 - COMPLAINTS PROCEDURES
The buyer should check the compliance of the goods received. Any irregularity concerning the delivery (packaging in bad condition, damaged goods, ...) should be notified the same day goods are received or at the latest on the first working day afterwards to the customer service of S.A. Mines Tany Hafa, by registered letter at the following postal address :
S.A. Mines Tany Hafa
3 rue de la Gatolière
69290 CRAPONNE France
Any complaint expressed after this period will be considered void and will therefore be rejected. S.A. Mines Tany Hafa will be cleared of any responsibility. S.A. Mines Tany Hafa explicitly reserves the right to ask the buyer to return the defective product.
If the conditions above are respected, S.A. Mines Tany Hafa will then supply an exchange or reimburse the defective product(s).
11 - RIGHT OF RETRACTION
The buyer has seven days from the day the order is received to return, at his own expense, the goods which have been ordered for reimbursement.
The gems must in all cases be returned to S.A. Mines Tany Hafa, 3 rue de la Gatolière, 69290 CRAPONNE in perfect condition for resale and in their original state.
The conditions for return are the following:
- the buyer will inform the customer service of S.A. Mines Tany Hafa, before the 7-day period expires, of his intention to return the gems
- the e-mail address of S.A. Mines Tany Hafa is the following: email@example.com
- the date figuring on the delivery document signed by the buyer will be considered accepted proof of the delivery date
- gems must be returned in their original packaging
- once S.A. Mines Tany Hafa has received the product returned by the buyer, a confirmation of receipt of the goods will be sent by e-mail to the buyer
- repayment will be made within 30 days maximum either by cheque or postal or banker's order
- all risks and costs incurred by the return of goods are entirely at the buyer's expense.
12 - QUALITY OF GEMS
The gems offered for sale on the www.tanyhafa.com website are in conformity with the following regulations:
- standards of mining, protection of the environment and non-employment of minors (Republic of Madagascar)
- standards enacted by the European Commission concerning the sale of gems inside the European Union entitled : Decree number 2002-65 of January 14th 2002 relative to the sale of precious stones and pearls
- clauses figuring in French legislation on the sale of gems
- French tax regulations concerning foreign non-resident companies
- French customs regulations
Consequently, S.A. Mines Tany Hafa declines all responsibility whether civil, commercial or penal, if the goods delivered infringe legislation in the country of delivery.
It is the buyer's responsibility, if he lacks the necessary competence, to seek the help of an expert.
The photographs describing the gems available on the website site are not legally binding, the size of fantasy cuts are only approximate.
13 -FORCE MAJEURE
In the case of overpowering circumstances, unexpected weather or other conditions, partial or total industrial action, especially of postal services, carriers and telecommunication systems, S.A. Mines Tany Hafa will not be held responsible for non-fulfilment of the contract.
14 - COMPUTERISED DATA / EVIDENCE
The buyer must make any necessary backup copies to avoid loss of computerised data.
The computer files of S.A. Mines Tany Hafa are undisputable evidence of correspondence, communications, contracts and payments concerning both parties.
S.A. Mines Tany Hafa may in no case be held responsible for any loss of computerised data.
S.A. Mines Tany Hafa and its website www.tanyhafa.com will not accept any responsibility whether civil, commercial or penal for the hypertext links which may figure on its on-line sales website.
15 - TRANSFER OF OWNERSHIP
Transfer of ownership is effective at delivery either by the signature of the delivery document or by the date of the acknowledgement of receipt after full payment of the goods inclusive of transport and insurance charges.
16 - ACCEPTANCE OF THE GENERAL SALES TERMS AND CONDITIONS
The catalogue containing the online prices together with these General Sales Terms and Conditions are accepted without reserve or restriction by the buyer who declares to have been informed, to accept them and to forego his own general terms of buying, the buyer's order implying as a fact his full acceptance of the present General Sales Terms and Conditions.
17 - LIMITATION OF LIABILITY
Any compensation due directly or indirectly to the non-execution, the partial execution or an unsatisfactory execution of the sale of a gem online may in no circumstances whatsoever be superior to the sale price of the item.
18 - PROTECTION OF DATA
Information concerning the buyer which is gathered for the purposes of an online sale is compulsory, since it is necessary to handle orders, payments and deliveries, as well as for creating invoices.
The buyer has a right to access, modify or delete the information concerning him and may request S.A. Mines Tany Hafa to delete his personal information.
The National Commission for the Respect of Personal Information (Commission Nationale de l'Informatique et des Libertés - CNIL) has delivered a receipt of declaration 1342483 for the online www.tanyhafa.com website.
19 - COPYRIGHT
All information contained in the online sale website www.tanyhafa.com is protected by the intellectual property rights held by S.A. Mines Tany Hafa.
All photographs on the www.tanyhafa.com website are the exclusive property of S.A. Mines Tany Hafa.
20 - GOVERNING LAW
In the event of litigation, the only competent court is the tribunal of Ihosy, Madagascar. Acceptance of payment does not constitute either innovation or dispensation of this clause of attribution of jurisdiction, even in the case of invocation of the guarantee or of multiple defendants.