GENERAL TERMS AND CONDITIONS OF SALE
TIBAN GANG®
4 Vallée de la Grippière
97170 Petit-Bourg – GUADELOUPE
Email: owijinalwear@gmail.com
Website: https://tiban-gang.tpopsite.com
Article 1 – Scope of Application
These General Terms and Conditions of Sale (hereinafter “GTC”) govern all contractual relations between the company TIBAN GANG® (hereinafter “the Seller”) and any adult natural person or legal entity (hereinafter “the Customer”) placing an order on the website https://tiban-gang.tpopsite.com.
Placing an order implies full and complete acceptance of these GTC. Any contradictory condition asserted by the Customer shall, unless expressly accepted by the Seller, be unenforceable against the Seller.
The Seller reserves the right to modify these GTC at any time. The GTC applicable to an order are those in force on the date the order is validated by the Customer. Subsequent modifications do not apply to orders already in progress.
Article 2 – Products – Information and Conformity
2.1. Descriptions and visuals
The photographs, texts, graphics, and descriptions of products appearing on the website are provided for informational purposes only. The Seller undertakes to describe the products as accurately as possible.
However, due to the technical parameters specific to each computer device (colorimetry, resolution, contrast), visuals may present minor differences from the actual product. These differences do not constitute a lack of conformity.
2.2. Product conformity
The Seller undertakes to deliver a product that conforms to the description appearing on the product sheet on the day of the order. In the event of non-conformity, the Customer benefits from the legal guarantees provided for in Articles L. 217-4 et seq. of the French Consumer Code.
2.3. Availability
Products are offered within the limits of available stock. In the event of unavailability after validation of the order, the Customer will be informed by email and may:
- Either be refunded for the full amount of the order,
- Or exchange the product for another available item.
Article 3 – Prices
3.1. Price inclusive of all taxes
Product prices are indicated in euros (€), inclusive of all taxes (VAT included). They include the price of the product as well as shipping costs for metropolitan France, the French overseas departments and territories (DOM-TOM), and most countries worldwide, within the limits of available destinations (see Article 6.1).
VAT does not apply to products sold by TIBAN GANG® under the VAT exemption scheme provided for in Article L.223-3 of the French General Tax Code (CIBS). Prices are therefore firm and definitive.
3.2. Price changes
The Seller
reserves the right to change its prices at any time. However, the applicable
price is that in effect at the time the order is recorded.
3.3. Customs duties and local taxes
For deliveries outside metropolitan France and outside the French overseas departments and territories (DOM-TOM), any customs duties, import taxes, or local taxes are the sole responsibility of the Customer. These fees are not included in the displayed price.
Article 4 – Orders
4.1. Order validation
The order is validated by the Customer after reviewing the summary and
accepting these GTC. Validation constitutes an electronic signature that has
the same legal value as a handwritten signature.
4.2. Order confirmation
A confirmation email summarizing the order details is automatically sent to the Customer upon validation.
4.3. Modification or cancellation
The Customer may request the modification or cancellation of their order within 24 hours of validation, provided that the order has not already been prepared or shipped. The request must be sent by email to owijinalwear@gmail.com.
Article 5 – Payment
5.1. Accepted payment methods
Delivery is made to the address provided by the customer at the time of ordering. It will be carried out by La Poste. Regardless of the delivery location, La Poste will hand over the package to the national operator of the destination country: this ensures that the package will be delivered to your mailbox.
Payment is made online by credit card (Carte Bleue, Visa, Mastercard, American Express) via the secure payment provider Stripe or PayPal.
The Customer's banking data is encrypted and is never stored by the Seller.
5.2. Security and anti-fraud measures
The Seller reserves the right to:
- Verify the Customer's identity,
- Request supporting documents (identity document, proof of address),
- Suspend or cancel an order in the event of suspected fraud.
These checks are carried out in compliance with the provisions relating to the protection of personal data.
Article 6 – Delivery
6.1. Carrier and delivery areas
Deliveries are made by La Poste (Colissimo) to metropolitan France, the French overseas departments and territories (DOM-TOM), and most countries worldwide.
The following destinations are not served for legal or logistical reasons: Afghanistan, Cuba, Crimea, Iran, Libya, Sudan, Syria, North Korea, Saudi Arabia, Egypt, United Arab Emirates.
Saudi Arabia, Egypt, and the United Arab Emirates.
Delivery times are provided as an estimate and refer to business days. They are average times and may vary depending on the destination.
6.2. Delivery times
The delivery times indicated are provided for information purposes only and are not guaranteed.
- Metropolitan France: 3 to 5 working days from dispatch.
- Guadeloupe (DOM): 7 to 8 working days.
- International: varies depending on destination.
The Seller undertakes to dispatch the order within 24 to 72 working hours from the day after validation, except in the event of stock shortages or peak activity periods.
6.3. Delivery delay In the event of a delivery delay, the Customer may:
- Request an investigation with the carrier,
- After 10 days of delay for metropolitan France or 15 days for other destinations, cancel the order and obtain a full refund in accordance with Article L. 216-2 of the French Consumer Code.
The Seller cannot be held responsible for delays attributable to the carrier, adverse weather conditions, strikes, or any case of force majeure.
6.4. Receipt of the parcel – Transfer of risk The transfer of risk occurs when the Customer (or a third party designated by them) takes physical possession of the parcel.
Upon receipt, the Customer is invited to:
- Check the integrity of the parcel and the products,
- In the event of damage, deterioration, or an open parcel, refuse the parcel or make specific and contradictory reservations with the carrier,
- Contact the Seller within 48 hours, attaching photos documenting the observation.
In the absence of reservations, the parcel is deemed to be in conformity.
6.5. Parcel marked "delivered" but not received
The carrier's "delivered" status is not conclusive in itself. If the Customer has not received their parcel:
- They must check with their neighbors and their local post office.
- They must contact the Seller by email within 10 days of the delivery date.
- The Seller will open an investigation with the carrier.
If the investigation concludes that the parcel is lost, the Seller will proceed with a refund or re-shipment of the product, except in cases of force majeure or fault on the part of the Customer (e.g., incorrect address).
6.6. Incorrect address
In the event of an address error attributable to the Customer, the costs of
re-shipping shall be borne by the Customer.
Article 7 – Right of Withdrawal
7.1. Withdrawal period
In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) calendar days from receipt of the product to exercise their right of withdrawal, without having to justify a reason or pay a penalty.
7.2. How to exercise the right
The Customer must notify their decision to withdraw by:
- Email to owijinalwear@gmail.com,
- Or by mail to the address: TIBAN GANG, 4 Vallée de la Grippière, 97170 Petit-Bourg.
A standard withdrawal form is available in the appendix to these GTC and may be used.
7.3. Return of the product
The Customer must return the product in its original packaging, in perfect condition (unworn, unwashed, labels intact), to the above address within 14 days following notification of withdrawal.
Return costs are at the Customer's expense, unless the product is defective or non-compliant (see Article 8).
Returns sent cash on delivery or freight collect will not be accepted.
7.4. Refund
The refund will be made using the same payment method used by the Customer for the order, within 14 days of receipt of the returned parcel or proof of shipment (whichever date is earlier).
The refund includes the price of the product and the initial shipping costs. Additional fees (customs duties, optional express delivery) are not refunded.
Article 8 – Defective or Non-Compliant Product
8.1. Legal guarantee of conformity The Customer benefits from the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-13 of the French Consumer Code.
In the event of a lack of conformity, the Seller undertakes to:
- Replace the product,
- Or fully refund the Customer.
8.2. Procedure
For apparent damage observed upon receipt of the parcel (damaged parcel, visibly broken product), the Customer must contact the Seller by email within 48 hours of receipt, attaching photos.
For hidden defects and non-apparent non-conformities upon receipt, the Customer benefits from the legal period of 2 years and must contact the Seller as soon as possible after discovering the defect.
Return shipping costs for a defective or non-compliant product are fully covered by the Seller. A prepaid return label will be sent to the Customer by email.
The exchange or refund is processed upon receipt of the returned parcel.
Article 9 – Retention of Title
TIBAN GANG® retains ownership of the products until full payment of the price by the Customer. Notwithstanding the provisions of Article 6.4 concerning the transfer of risk, the transfer of ownership only occurs upon full payment
Article 10 – Protection of Personal Data
10.1. Collection and purpose
The personal data collected (name, address, email, telephone) are necessary for order management and the commercial relationship.
10.2. Customer's rights
In accordance with French Law No. 78-17 of January 6, 1978, as amended (Data Protection Act) and the GDPR, the Customer has the right to access, rectify, delete, and object to the processing of their data. They may exercise this right by email to owijinalwear@gmail.com or by mail to the Seller's address.
10.3. Non-disclosure
Data is not disclosed to third parties, except to technical service providers (carriers, banks) essential for the execution of the order.
Article 11 – Intellectual Property
All elements of the website (texts, images, logos, graphic charter, typographies) are the exclusive property of TIBAN GANG®. Any reproduction, distribution, or use without prior authorization is prohibited.
Article 12 – Force Majeure
The Seller cannot be held liable for the total or partial non-performance of the contract in the event of force majeure as defined in Article 1218 of the French Civil Code (natural disaster, war, general strike, pandemic, interruption of postal services, etc.).
Article 13 – Disputes – Applicable Law – Mediation
13.1. Applicable law
These GTC are governed by French law. Any difficulty of interpretation or execution shall be subject to French law.
13.2. Jurisdiction
Failing an amicable agreement, the Customer who is a consumer may refer the matter to:
- The competent court of their place of residence,
- Or the court of Pointe-à-Pitre (Guadeloupe).
This clause is in accordance with Article R. 631-3 of the French Code of Judicial Organization.
13.3. Mediation The Customer has the possibility to resort to conventional mediation or any other alternative dispute resolution method.
In accordance with Article L. 611-1 of the French Consumer Code, the Customer may refer the matter to the consumer mediator to whom the Seller is affiliated, within one year of the written complaint.
Article 14 – Minors
Minors may only place an order with the express consent of their parents or legal guardians. In the event of a false declaration, the legal guardians shall be held solely responsible.
APPENDIX – Standard Withdrawal Form
(To be completed and returned only in the event of withdrawal)
To the attention of: TIBAN GANG 4 Vallée de la Grippière 97170 PETIT-BOURG – GUADELOUPE
I hereby notify you of my withdrawal from the contract for the sale of the following goods:
- Product(s) ordered: …………………………………………………………
- Ordered on: …………………… / Received on: ……………………………………
- Consumer's name: ……………………………………………………………
- Consumer's address: ………………………………………………………
- Signature (in the case of a paper submission): …………………………………………
Date: ……………………………
Revised version – August 2026
