Terms of Service

Introduction to Terms and Conditions:

This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of this website (tinhatelier.com) and the purchase of products on it (hereinafter referred to as the "Conditions").
We urge you to read the Conditions, our Cookies Policy and our Privacy Policy (hereinafter, jointly, the “Data Protection Policies”) carefully before using this website. When using this website or placing an order on it, you are bound by these Conditions and our Data Protection Policies. If you do not agree with the Conditions and with the Data Protection Policies, do not use this website.
These Conditions may be modified. It is your responsibility to read them periodically, as the Conditions at the time of using the website or concluding the relevant Contract (as defined further on) shall be those that apply.
If you have any queries regarding the Conditions or the Data Protection Policies, you may contact us by using the contact form.

Our Details:

Sale of goods conducted under TINH Atelier.
Address: Wilton Tower, 71/3 Nguyen Van Thuong, Ward 25, Binh Thanh District, Ho Chi Minh City
E-mail address: support@tinhatelier.com

Your Details and Your Visits to This Website:

The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree with the processing of the information and details and you state that all information and details provided are true and correspond to reality.

Use of Our Website:

When you use this website and place orders through it, you agree to:

Use this website to make enquiries and legally valid orders only.
Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorized to cancel it and inform the competent authorities.
Provide us with your email address, postal address and/or other contact details truthfully and precisely. You also agree that we may use this information to contact you in the context of your order if necessary.
If you do not provide us with all the information we need, you will not be able to place your order. When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into binding contracts.

Service Availability:

Delivery services applicable worldwide.

Formalising the Contract:

To place an order, you must follow the online purchasing procedure and click on "Pay now". After doing so, you will receive a confirming email with the receipt of your order (the "Order Confirmation"). You will be informed via email when the order is being sent (the "Shipping Confirmation"). These Conditions and the Contract constitute a written agreement between us. An electronic receipt with the details of your order will also be attached to the Shipping Confirmation (the “electronic receipt”).

Technical Means to Correct Errors:

In any case, you will be able to correct errors related to the personal data you provided during the purchase process by contacting customer service via the email address support@tinhatelier.com.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service via the email address above to correct the error.

Availability of Products:

All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.

Refusal to Process an Order:

We reserve the right to remove any product from this website at any time and to remove or modify any material or content from it. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or for not processing an order once we have sent the Order Confirmation.

Delivery:

Subject to availability, (see Clause “AVAILABILITY OF PRODUCTS” above), and unless there are any exceptional circumstances, we will endeavor to fulfil your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, within 45 days of the date of the Order confirmation.

Reasons for delay could include:

Customization of products (including Made-to-order products)
Specialized order items;
We are unable to contact you for further information about proceeding with Customs Clearance, or with your delivery area;
And/or Unforeseen circumstances;

If for any reason we are unable to comply with the delivery date, we will keep you informed and we will give you the option to continue the purchase and establish a new delivery date. Or if the delivery time is delayed more than 14 business days from the total delivery time (including processing time and shipping time) stated on our website, you will have the option of cancelling the order with full reimbursement of the amount paid. Keep in mind, in any case, that we do not make home deliveries on weekends or bank holidays.

For the purpose of these Terms, "delivery" shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address.

Unable to Deliver:

We cooperate with third-party carriers to deliver your order worldwide. If the courier is unable to deliver the goods after two attempts, the courier will attempt to find a safe place to leave the parcel. If the courier cannot find a safe place, your order will be returned to our warehouse. We may have to send it back to your default delivery address and ask you to cover the delivery costs.

Transmission of Risk and Ownership of Products:

You will take ownership of the products when we receive full payment of all amounts due, including delivery charges, or at the moment of delivery (as defined in Clause “DELIVERY” above), if that were to take place at a later time.

Price and Payment:

The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, errors may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Shipping Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.
The prices on the website exclude VAT and delivery charges, which could be added (if any) to the total price. Customers are also expected to cover any extra fee regarding additional request (customization, address change, order edit, etc.)
Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders which we have sent an Order Confirmation.
Once you have selected all the articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested at each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. In the Shopping Guide, you are provided with a detailed description of the purchase process.
You may use the following cards as payment methods: Visa, MasterCard, and American Express. To minimize the risk of non-authorized access, your credit card details will be encrypted.
When you click "Pay", you are confirming that the credit card is yours.
Credit card transactions are subjected to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.

Buying Goods as a Guest:

The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data which is essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non-registered user.

Express Checkout:

The express checkout feature (hereafter "Express Checkout") makes it easier for you to make purchases on this website as you do not have to enter shipping, billing, and payment information for each purchase. Express Checkout is available in the “Shopping Bag” section.
To use Express Checkout, you will have to save your card information. You may do so when making a payment with any of the cards accepted by this website by clicking the "Save my card details" option. This will result in the following card details being saved: card number, cardholder name exactly as it appears on the card, and card expiry date.
To save your card information and use Express Checkout, you will have to accept the applicable privacy policy and conditions.
By agreeing to use Express Checkout, you authorize purchases paid through the tool be charged to the respective card linked to the tool. Card usage shall be governed by the written terms between you and the card issuer in all cases.
You may save card information in Express Checkout for as many cards as you like. To do so, you must make at least one payment for each of them. If you wish to save card information for more than one card, the card on which information was saved most recently will be considered your "Favourite card", and will be charged for Express Checkout purchases by default.
To use Express Checkout, you only have to click on the "Express Checkout" button that appears in the shopping bag. A screen will immediately appear with the shipping, billing, and payment information for your purchase. The information available on this screen cannot be edited, so if there is incorrect information, do not complete the purchase. To make purchases using different details, please do not use the Express Checkout service.
The provisions of this clause shall not apply if you buy goods as a guest.

Cancelling Order:

To avoid any possible delays, we will process your order right after we receive your payment. Thus, we are unable to make any critical changes relating to the delivery of an order once it has been placed. This includes cancelling your order, and/or combining any shipments.

Exchange/Return Policy:

Right of Withdrawal

If you are contracting as a consumer, you have the right to withdraw from the Contract, within 30 days, without giving any reason.

The withdrawal period will expire after 30 days from the date of the delivered confirmation. To exercise the right of withdrawal, you may notify us at TINH ALTELIER by sending an email to support@tinhatelier.com or by writing to our contact form, of your decision to withdraw from this contract by an unequivocal statement (example: a letter sent by post or email). You may use the model withdrawal form as set out in the Annex, but it is not obligatory.

Statutory Rights

Under the Consumer Protection (Distance Selling) Regulations, you have up to 7 days after You have received your delivery to submit your return/exchange form (other than in respect of goods made to your specification or that are clearly personalized).

General Policy

If you wish to return a product(s) within the withdrawal period above, you can make a return to us at our official address noted in the return instruction. You will be responsible for the cost of returning the product to us.

You should be aware that You are under an obligation to take reasonable care of the product(s) whilst they are in your possession. This means including all of the product(s) instructions, documents and wrappings when returning the product(s) and returning the product(s) in the same condition as received. Failure to exercise such reasonable care may, depending on the circumstances, give rise to a right of action against you for breach of statutory duty.

Liability and Waiving Liability:

Unless otherwise indicated expressly in these conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.

Notwithstanding the above, our liability shall not be waived nor limited in the following cases:

in the event of death or personal harm caused by our negligence;
in case of fraud or fraudulent deceit; or
in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.

Notwithstanding the paragraph above, and to the extent legally allowed, and unless these conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:

loss of income or sales;
operating loss;
loss of profits or contracts;
loss of forecast savings;
loss of data; and
loss of business or management time.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.

All product descriptions, information and materials shown on this website are provided "as is", with no express or implied warranties on the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity that exists at the time of delivery. It is understood that the goods are in conformity with the Contract if they: (i) comply with the description given by us and possess the qualities that we have presented on this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance that are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.

Resell:

We do not encourage reselling in any form. If you are reselling without our notice and/or confirmation, you will be responsible for any charges and/or disputes that may be caused by your customers.

Intellectual Property:

You recognize and agree that all copyrights, registered trademarks and other intellectual and industrial property rights to the materials or contents provided as part of the website belong at all times to the TINH ALTELIER or to a third party who had authorized TINH ALTELIER to use said content or material. You may NOT use said material unless you are expressly authorized by TINH ALTELIER. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details.

Viruses, Piracy, and Other Computer Attacks:

You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs, or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorized access to this website, the server on which the site is hosted, or any server, computer or database related to our website. You undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service. Failure to comply with this clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will cooperate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorization to use this website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or as a result of using this website or downloading content from it or those to which this site redirects you.

Links from our website

If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm derived from their use.

Written Communication:

If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.

Notifications:

The applicable regulations require that some of the information or notifications that we send to you be in written form. By using this website, you agree that the majority of the communication with us will be electronic. We will contact you by email or we will provide you with information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information, and other communication that we send you electronically comply with the legal requirements of providing it in writing. This condition will not affect your statutory rights.

Transfer of Rights and Obligations:

The notifications that you send us must be sent, preferably through our contact form. Pursuant to the provisions in Clause 21 above and unless otherwise stipulated, we may send you notifications either by email or to the postal address you provided us when placing an order.
It is understood that notifications will be received and acted upon as soon as they are posted on our website, 24 hours after they have been sent by email or 3 days after the postage date on any letter. As proof that the notification has been sent it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or to a mailbox; in the case of an email, that the notification was sent to the email address specified by the recipient.

Force Majeure:

The Contract is binding for both parties, as well as for our respective successors, transferees, and heirs. You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived therefrom without having obtained our written consent in advance.
We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognized by law or cancel, reduce or limit in any way the express and tacit warranties that we may have given you.

Waiving Rights:

The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalized and notified to you in accordance with the provisions of the clause "NOTIFICATIONS" above.

Partial Annulment:

Should any of these conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.

Entire Contract:

These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing.
The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.

Our Right to Modify These Conditions:

We have the right to review and modify these Conditions at any time.
You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Conditions or Privacy Policy. In this case, the possible changes will also affect orders made previously by you.

Applicable Legislation and Jurisdiction:

The use of our website and the product purchase contracts through said website shall be governed by the laws of the Emirate of Dubai and the Federal laws of the UAE applicable thereto.
Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Dubai courts.
If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognized in any applicable legislation in this area.