LEGAL TERMS & CONDITIONS

I. General

The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you”) with THEANA SAS, hereinafter referred to as “THEANA”, ”us” or ”we”, at the THEANA website, mobile website, or mobile application (jointly referred to as ”theanaluxury.com”).

By using theanaluxury.com and/or placing an order, you agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure you have read and understood the Terms before placing your order.

Only natural persons 18 years or older, who are not under guardianship, and are not acting in capacity as a company, with a physical delivery address in one of the countries that THEANA provides deliveries to can place an order. More information can be found on our customer service or Delivery Section.

The inclusion of any products or services on theanaluxury.com at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on theanaluxury.com at the time you place your order.

THEANA wants to provide the best possible online experience. To make this possible we need to ensure that our services run well. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the theanaluxury.com site, or which impacts the security of the site, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the site. We reserve the right to immediately bar access to the site and close the account of any user who violates this provision or any other provision in these terms and conditions.

II. Prices and delivery charges

The prices displayed at theanaluxury.com include the statutory Value Added Tax but do not include a delivery charge.

The delivery charge for each order will be the same, regardless of the size or weight of your order. The cost for each delivery method is clearly indicated during the check-out process. For more information regarding delivery cost please visit our Delivery pages for further information. If we are unable to deliver your order in full and have to make more than one delivery, there will not be an additional charge for any subsequent deliveries.

III. Ordering/conclusion of contract

The ordering options available to you are via theanaluxury.com or contact Customer Service. Please visit our Customer Service pages for further information.

Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation. If for any reason we are unable to fulfil your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary we will notify you and ask you to contact THEANA Customer Service who will settle the refund.

IV. Delivery

THEANA exercises the utmost diligence in accepting and processing orders and will endeavour to deliver your order in accordance with your selected delivery option.

THEANA endeavours to dispatch orders in the fastest possible time and in the order in which they are placed. We aim to deliver within 2 to 4 weeks following confirmation of an order. Deliveries to distant locations might extra working days. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events. In the unlikely event the delivery time exceeds 60 working days, you may cancel your order.

Before you place your order, you will be informed of the expected delivery details. Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation with your expected delivery details.

You can refer to Delivery Policy at theanaluxury.com

If your order does not arrive by the scheduled date, please contact Customer Service.

V. Withdrawal of Order

 You may cancel or return your order from the date you place the order until 14 days after receipt of the ordered items. If you have been charged for the items, you will receive a refund which will include the price of the item and exclude the initial cost of delivery and the cost of return of the items to THEANA, should such return cost have been generated. Should you choose to keep certain items and only partially cancel your order, the delivery cost will not be refunded and the return costs still belong to you. You will find the full Returns Policy at theanaluxury.com.

If you wish to cancel or return your order, please provide us with notice in writing either by post, preferably by using the template of withdrawal form below and place it in your parcel, or contact Customer Service. You will have to return the item(s) to us as set out in section VI. (Returns) below within the 14 day period set forth in section V. above. We will provide a refund attempting to use the same method used to make the payment (or, if the items have not yet been paid for, reflect the return of the items in your account balance) as soon as possible and at the latest within 14 days of receiving your notice of cancellation, provided we have received the items or evidence of you having sent back the items. Another payment method may be used for the refund, provided that you consent to such change; in any case this will not generate any additional charges. Please note that THEANA will not bear the cost of applicable bank charges. Read more on our Returns page on theanaluxury.com.

If the item you have received is defective, please notify THEANA promptly and return the item in accordance with section VI. (Returns) below. THEANA will, for any products deemed defective, provide a full refund. The provisions set forth herein do not limit any applicable statutory rights. View Section XI. below for more information.

EXHIBIT 1 – TEMPLATE OF WITHDRAWAL FORM

(To be completed and sent, with the order number in case of the use of the withdrawal right.)

For the attention of THEANA – Customer Service – 16, Rue Fremicourt 75015 Paris, France.

I hereby give notice that I withdraw from my contract of sale of the following products:
Purchased on  ……………..(date of the order) and/or received on ……………..(Delivery date)
Customer name :
Customer address :
Customer signature (only in case of notification in hardcopy)
Date :
For any information, please contact the Customer Service by email.

VI. Returns

THEANA guarantees a full refund for any returned items in accordance with section V (Withdrawal of Order), provided that all items are returned in the same condition they were in upon your receipt. This means the items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and that any labels or tags should be intact.

For information regarding how to return items, please contact our Customer Service. You will find more detailed information regarding our return process on the delivery note and in our Returns Policy.

THEANA operates the website in Euros and is therefore not responsible for currency fluctuations that occur when issuing refunds to a credit or debit card denominated in a currency other than Euros. We will not refund any bank charges.

The refund will be made using the payment method used for your purchase, in accordance with section V above.

We will exchange or refund any item in its original condition within 30 days from the date of purchase, upon presentation of the online receipt. Refunds are made exclusively by crediting the bank card used during the purchase or in the form of a credit note. Delivery charges are not refundable.

VII. Payment methods

You can pay for your goods as set out below.

  • Credit card or debit card

You can enter your payment details at the time you place your order using a valid credit or debit card (VISA or Mastercard). The applicable amount will immediately be reserved on your card but will not be debited until the goods are dispatched. THEANA reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks.

  • PayPal

When paying by PayPal, THEANA reserves the right to check the validity of the PayPal account, that there are enough funds to cover the purchase sum and validate the billing address details of the purchaser. The applicable amount will immediately be reserved on your PayPal account but will not be debited until the goods are dispatched from the warehouse. THEANA reserves the right to deny any purchase.

VIII. Pre-order Terms & Conditions

The exclusive pre-order service offered by THEANA allows customers to book and order a product before it becomes widely available on our website theanaluxury.com

The following conditions apply for pre-orders:

I. Availability

Pre-ordered items are sold on a first come, first served basis as they are available in limited quantities.

II. Delivery

We aim to ship pre-ordered products for our SS21 collection within the delivery period 15/02/2021 to 08/03/2021 and you will be kept informed on a regular basis regarding the accurate expected delivery date.

Your order will be dispatched when all your pre-ordered goods are in stock. If there are ‘in-stock’ items on your order they will be shipped once all pre-ordered items are ready to ship; we do not do partial shipments.

III. Payment

  •  50% of the full price is payable at the time your Pre-order is placed.
  • You will receive a notification email when your order is complete and ready for shipment, at which point the remaining 50% of the invoiced price plus any delivery costs that may occur must be deposited.
  • From the moment you receive the notification email for your order, you are required to pay the remaining 50% plus delivery cost, within 14 calendar days. If for some reason the Pre-order total payment has not been completed within this timeframe, the pre-ordered item(s) will be released and we will send you a credit note equal to your advance payment, which may be utilized for your future purchases within a 12 month period.

IV. Delivery & Returns

Same Delivery and Return conditions described in sections V and VI apply. Please visit Delivery and Return section on our website for more information.

Customized or bespoke pre-ordered items cannot be cancelled and are not eligible for refund or exchange.

Your pre-order purchase is also subject to our General Terms and Conditions.

IX. Our Liability

Nothing in these Terms shall exclude or limit THEANA’s liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.

THEANA is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.

Our maximum liability to you for any loss or damage arising in connection with your order on theanaluxury.com shall be limited to the total price of your order.

If you have a problem with a product that you have purchased from THEANA online, and were not able to settle the complaint with THEANA, then you can submit your complaint to the EU’s online dispute resolution platform (the “ODR platform”).

The ODR platform offers consumers and traders within the EU the possibility to try and reach an out-of-court settlement for complaints arising from online purchases. This single entry point is designed to be a user-friendly and interactive website, available in all EU official languages and free of charge. Using the ODR platform the consumer and the trader can find a dispute resolution body and then go through the process of finding a solution to the consumer’s complaint. The ODR platform is available here: http://ec.europa.eu/odr.

X. Colors and measurements

We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.

An item’s measurements given on theanaluxury.com are only approximate values to give you a better understanding of the model or fit of that specific item, and not a definite guarantee of the actual measurements of the item you receive. The final measurements of an item may vary depending on the material used in its production.

XI. Defects and Guarantee of quality

If there are defects in the goods you have purchased, THEANA abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us without delay by contacting our customer service.

XII. Copyrights

All intellectual property rights, such as trademarks and copyrights at theanaluxury.com remain with THEANA and its subsidiaries or licensors. Any use of theanaluxury.com or its contents, including copying photos or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of THEANA.

XIII. Company Information

THEANA

16, Rue Fremicourt

75015 Paris

France

Authorised representative: Anat Shtark

VAT: FR24 850 769 738

Registry: 850 769 738 RCS Paris

Please visit our Privacy and Security pages for information about the process of your personal data and your rights, and our Customer Service pages for further contact information.

02/2021