The present General Terms and Conditions (hereinafter GTC) lay down the rights and obligations of the parties concerning the sales made on the website:
GTC are concluded between the simplified joint stock company LA RUCHE MODERNE, specialized in the distance selling of clothes, underwear, and accessories (hereinafter the “Goods”), registered under French law in the BAYONNE Trade and Companies Register under number 792991879, with a head office at 5, rue Pierre Dartiguelongue, 64200 BIARRITZ (hereinafter “HEMEN“), and the natural persons placing an order on the website « www.hemen-biarritz.com » (hereinafter “the Client”).
GTC exclusively concern natural persons having the legal capacity to contract.
The Goods displayed on the website www.hemen-biarritz.com (hereinafter Website) are intended for the Client’s personal use only. It is therefore strictly forbidden for Clients or recipients of the Goods to resell, rent, or otherwise supply in return of payment all or any of the Goods to any third party, private or professional.
All orders of any Goods displayed on HEMEN’s online shop imply the Client’s acceptance without reservation of all the GTC presented hereunder.
GTC prevail over any other conditions that may be opposed to them, in particular those relating to store and/or catalogue sale, and shall apply to any transaction between HEMEN and the Client, without regard to specific clauses added by the Client — without the express permission of the seller – and without regard to the publicity material issued by HEMEN, nor to any other document.
In the light of this, HEMEN reserves the right to amend or adapt the GTC at any time. Should changes be implemented, the applicable GTC are the ones in effect at the moment the Client places the order.
The Website www.hemen-biarritz.com is hosted by OVH, located 2 rue Kellerman 59100 ROUBAIX France
Tel: +33 (0)8 203 203 63
It is managed by LA RUCHE MODERNE.
The publishing director is Mr Emmanuel MOUAZAN, the manager of SAS LA RUCHE MODERNE.
The Client declares to have acknowledged and accepted without any reservation the GTC relative to the purchases that are clearly displayed on the website.
The Client’s approbation of the GTC is materialized by:
- his checking the “GTC approbation” box, or “approval click”
- the communication of his personal details to PAYPAL in order to complete and secure his order’s payment.
Validation of the Client’s order materializes in the reception of an e-mail sent by HEMEN recapitulating and confirming the order.
A purchase will only be considered as accepted after the sending of the confirmation e-mail by HEMEN, and after full payment of all sums owed has been received by HEMEN.
The pictures showing the Goods on the Website and the HEMEN online shop tend to display the items with the greatest accuracy.
They should nevertheless not enter in the contractual field: the rendering of the picture on a computer screen may mislead the Client about the real shape or color of an item, for instance. This kind of variations in the rendering of the sold items is inherent in online sale. HEMEN shall therefore not assume any liability in the event of mistakes or alterations resulting from the treatment of these pictures. They also cannot affect the validity of the purchase subject to the legal provisions and guarantees under Article 11 of the GTC, and without prejudice to the Client’s exercise of hi right of withdrawal (Cf. article 10).
As an exceptional measure, HEMEN may have to modify an item, most often to improve its quality or packaging. In these circumstances, the Client shall be informed before his order is completed.
All offers included in the Website are valid as long as the concerned Goods are displayed online and stocks last. The Client shall be advised about the availability of the ordered Goods at the time the order in placed. In the unlikely event of an item becoming unavailable after the order was placed, HEMEN shall advise the Client by email and offer, either to provide him a replacement product with similar or better quality and characteristics, and a similar or higher price, either to cancel the order and refund the Client if his account was already debited.
Prices are expressed in Euro TTC. They do not include extra transport and delivery costs. The price quoted at the time of the purchase, and featured on the confirmation email sent by HEMEN, is firm and final.
For deliveries inside the European Union, consumer prices include the VAT applicable the day the order is placed..
For clients who wish to order from the United States, Hong-Kong, or Australia, prices are also displayed in US DOLLARS, merely for information purposes. The exchange rate applied is the rate prevailing on PAYPAL on the date of the payment, and in no way shall HEMEN be held responsible for it.
For deliveries outside mainland France, the Client shall pay custom duties, VAT and other taxes applying to the Goods’ import into the concerned delivery country. The Client is also solely responsible for the formalities related thereto, unless otherwise specified, as well as for ensuring the laws of the country of delivery allow the shipment of the Goods to this country.
HEMEN reserves the right to change the prices at any time. However, HEMEN guarantees the prices displayed at the date the company confirmed the order.
5.ORDERS & PAYMENT
Systems of automatic booking are considered as evidence concerning the nature, content and date of the order; HEMEN confirms the completion and acceptance of the order to the Client at the email address he provided.
The total price of the order is due on the day the order is made by the Client.
The Client shall pay his order up via Paypal, as proposed on the Website (https://www.paypal.fr/fr).
Sale shall be effective only once the order is confirmed by HEMEN. The Client shall receive an email acknowledging his order’s confirmation displaying all its constituent elements, and full payment of all sums owed has been received by HEMEN.
Should a problem hinder the full payment of the price, the order shall be automatically canceled, and the Client advised by email.
HEMEN reserves the right to deny or cancel, at any time, any order coming from a Client with whom there is a dispute concerning payment of a previous order (payment incidents, default of payment…).
6.PAYMENT SECURITY AND DATA PRIVACY
To ensure the security of your payments, the Website uses the PAYPAL interface (https://www.paypal.fr/fr).
This standalone-credit-card payment solution allows the payment to be made online, via credit card or via a Paypal account, directly on PayPal’s secured server for HEMEN’s account. At no point shall the Client’s personal information (credit card number, date of validity, bank account number…) be disclosed to HEMEN. All exchanges are encrypted and secured.
In the unlikely event of a problem incurring with the payment system, PAYPAL shall assume full responsibility for its services.
Delivery address must be located in the European Union (Corsica and French Overseas Departments and Territories included), in the United States, Hong-Kong, or Australia.
The Goods are shipped to the address the Client provided on the order form.
In no case should HEMEN be held responsible for any mistake made by the Client in the input of the delivery address.
In this event, the Client commits to pay up the total amount of the return and reshipment fees.
Deliveries made at a wrong address owing to HEMEN shall be reshipped at HEMEN’s own expense.
Goods ordered on HEMEN’s online shop shall be delivered to the Client:
- under 72h for mainland France with Colissimo, with or without countersignature;
- under 5 days for Corsica and French Overseas Departments and Territories (DOM-TOM)
- with DHL for international destinations.
Unless expressly provided otherwise on the descriptive sheet of the ordered Goods, or in the case of a customized order requiring a special estimate, the order shall be executed within fifteen (15) business days of the order’s confirmation by HEMEN, subject to the availability of the ordered Goods, and unless otherwise agreed by both parties.
In the event of a simultaneous order of items available for delivery at different dates, the delivery time is based on the longest period; HEMENreserves the right to fragment the deliveries. In that case, the Client’s participation in the treatment and shipping fees will only be invoiced for one sending.
HEMEN commits to do its very best to deliver the ordered Goods within the abovementioned deadlines. This delivery period is provided as an indication, and the Client expressly recognizes that it can be extended for deliveries outside metropolitan France. A possible delay in delivery cannot give cause for damages, deduction or cancellation of the order by the Client.
However, if the Goods are not delivered seven (7) days after the indicative delivery date, for any other reason than a cause beyond the reasonable control of the contractor (force majeure), the sale can be canceled at the written request of the Client or HEMEN, within thirty (30) business days after the indicative delivery date, to the exclusion of all other damages. The amount paid by the Client shall then be refunded to him as soon as possible, to the exclusion of any compensation or withholding.
The provided delivery period should correspond to the information given to and by the carrier. Should the carrier fail to deliver on his commitments, HEMEN will not be held responsible. Neither should HEMEN be held responsible if the Client fails to collect his packet at the post-office in due time after a non-delivery notice was left in his mailbox by the transporter.
Goods travel at the Client’s risk, that party being responsible for making any observations required in the event of damage or short shipment on the handover sheet, and to confirm those reservations by registered mail with acknowledgement of receipt to the carrier, within seventy-two (72) hours after reception of the Goods. The Customer shall also immediately send HEMEN a copy of any complaint addressed to the carrier. Should the package be damaged, the Client must refuse to accept it.
Any claims or reservations regarding the non-compliance of the delivered Goods shall be presented on paper directly with HEMEN, within three (3) days after the order’s reception. The Customer must keep the packaging and delivery form.
8.RETENTION OF TITLE
HEMEN shall retain ownership of the delivered Goods unit they are fully paid for, payment meaning the actual cashing of the total price, and not the reception of a bill of exchange or any payment order (French law n°80.335 of May 12th, 1980).
However, effective risk transfer occurs as soon as the Goods leave HEMEN’s premises. For the whole term of the retention of title, the Client, being the guard of the Good, is responsible for any damages or losses after that point. The Client shall also be held responsible should bad storage conditions render the Good unfit for intended use. The Client shall bear the costs and/or damages regarding the Goods’ return.
Are considered as “force majeure” cases releasing HEMEN from its obligation to deliver: war, riots, fire, strikes, accidents, the regulations and requirements of public authority, or any other unavoidable or unpredictable event or circumstance beyond the control of HEMEN. In all the cases listed above, HEMEN shall keep the Client informed in good time.
10.RIGHT OF WITHDRAWAL
The Client conserves the right to return the Goods, should they not suit him, within fourteen (14) days after the order’s delivery, at his own expense, either for exchange or refund.Any unwanted item, in a limit of 2 items per order, must be shipped back within 14 days after receipt.
The return shipping cost is at the customer’s charge.
However, pursuant to Article L121-20-2 3° of the French Consumer Code, this right of withdrawal cannot be applied to contracts concerning “the supply of Goods made to the consumer’s specifications or clearly personalized, or which by nature cannot be reshipped.
By way of example, and not as a limitation, the right of withdrawal cannot be exerted for personalized Goods if the Client opened the original package. In all other cases, the right of withdrawal can be exercised without the Client incurring any additional costs, except for return postage fees.
The returned Goods shall be sent back in their original condition and packaging, and with the documents they were provided with. They shall not have been used or have suffered any kind of deterioration, and perfectly clean. Items returned incomplete, used, dirty or damaged will not be taken back by HEMEN.
After having advised HEMEN by email of his desire to exert his right of withdrawal, the client shall send the Goods back to HEMEN, to the following address:
Service retour HEMEN
Centre Européen de Fret,
64990 Mouguerre, France
In the case of non-standard or wrongful returns, HEMEN reserves the right to refuse subsequent orders from the customer.
If a right of withdrawal is introduced, HEMEN commits to reimburse the Client the whole amount payed, without charge, within thirty (30) days.
Pursuant to the clauses of the French Civil Code (Article 1641), and, if required, the French Consumer Code (Article L 211-4 et seq., cf. extracts below), the Client benefits from legal safeguards and guarantees HEMEN commits to respect.
These guarantees are complementary to the potential contractual warranty provided by the manufacturer of the Goods.
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, if he assumed responsibility there for or had it carried out under his responsibility.
To conform to the contract, the product must (Consumer Code, Article L 211-5):
1) Be suitable for the purpose usually associated with such a product and, if applicable:
– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling;
2) Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Action resulting from lackof conformity lapses two years after delivery of the product (French Consumer Code, Article L 211-12).
A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them (French Civil Code, Article 1641).
The action resulting from unacceptable vices must be brought by the buyer within a period of two years following the discovery of the vice (French Civil Code, Article 1648).
To qualify for legal product warranty, the Client must retain the purchase invoice provided by HEMEN and contact the Customer Service, which will indicate him the procedure he needs to follow.
The legal warranty does not cover repairs to damages brought about by wear and tear, negligent use or misuse that wouldn’t be in compliance with the specifications and recommendations of the manufacturer, or the use improper conservation methods.
For any further information or question, our Customer Service is at your disposal from Monday to Friday (included) from 9AM to 12AM, and from 2PM to 6PM.(Local Paris time)
Telephone: +33 (0)621 152 398
LA RUCHE MODERNE holds the intellectual property rights required for the Website www.hemen-biarritz.com, as well as the right to disseminate the elements listed on the online shop’s catalogue. Therefore, any total or partial reproduction of the Website and its content is strictly forbidden.
Any reproduction or use of the Website and its content shall constitute a breach of the law, regulation or requirements concerning intellectual and industrial property.
HEMEN reserves the right to take legal action against any person who shall adversely affect these rights, or fail to comply with these GTC.
Unless otherwise specified, the Goods offered are in compliance with the French and European legislations in force, as well as with the applicable standards, including health standards.
HEMEN cannot be held liable in case of non-respect of the regulations in force in the country of delivery and it is the Client’s obligation to check the possibility of importing or using the Goods at the delivery address he provided.
More generally, HEMEN cannot be held liable for any specific, accidental, indirect or consequential damage resulting from a misuse of the Goods, or the non-compliance to the information provided on the labels and/or the Website.
HEMEN cannot be held responsible for the content of Websites pointing to HEMEN’s online shop through hyperlinks, for instance.
HEMEN’s Website www.hemen-biarritz.com is not designed to sell to the trade for resale. As a consequence, HEMEN cannot be held liable for any prejudice resulting from a professional activity (trading losses, loss of profit, loss of opportunity, commercial prejudice, and loss of earnings).
Nominative information the Client is asked to provide are needed for the processing and conveyance of the orders and the invoice preparation. Failure to provide this information shall result in the cancellation of the order.
In accordance with the French Data Protection and Freedom of Information Law (Loi Informatique et Liberté), the processing of the Clients’ personal data is subject to a declaration with the National Commission for Data Protection and Liberties (CNIL), registered under the law number 1748163 v 0, and dated January 30th, 2014.
The Client has the right (pursuant to Article 34 of the French law of January 6th, 1978) to access, modify, rectify, and delete any data concerning him, by sending an email to HEMEN.
HEMEN commits not to disclose the personal data provided by the Client to any third party, with the exception of its group’s companies, either free of charge or with counterpart. It is strictly confidential.
Nominative information shall be used for the processing of the Client’s purchase, and in order to improve and personalize the communication and promotion of the products designed for HEMEN’s clients, notably through newsletters, for which the Client may unsubscribe at any time, as well as through the customization of the Website according to the Client’s areas of interest.
However, when the Client comes to HEMEN’s online shop via one of its identified and official partner websites, his personal data may be communicated to them. The Client may notify his objection to such communication to HEMEN when he passes his order.
The Website www.hemen-biarritz.com was also designed to answer its Clients’ needs the best way possible, and this is why cookies are used. Their purpose is to report your passage on the Website, and shall be used by HEMEN only with a view to an improvement in its service.
For further information, please click on the following link: https://www.cnil.fr/vos-droits/vos-traces/les-cookies/#c5554.
We would like to inform you that you can object to the recording of “cookies” by configuring your Internet browser as follows:
For Mozilla Firefox:
- Choose the “Tools” menu, then “Options”
- Click on the icon “Privacy”
- Find the “cookie” menu and check the options that suit you best.
For Microsoft Internet Explorer 6.0:
- Choose the “Tools” menu, then “Internet Options”.
- Click on the “Confidentiality” tab
- Select the desired level with the cursor.
Please consult the relevant user instructions of your navigator to identify the fitting configuration.
The GTC described herein shall be interpreted and governed in accordance with French law.
In the event of disputes regarding the interpretation, performance or validity of those GTC, and the application of this contract, the Client may attempt to negotiate an out-of-court solution before taking legal action, particularly with the assistance of a professional association in the sector, a consumer association, or any other type of consultancy agency. We do call back that the search for the amicable solution does not interrupt the “brief delay” of the legal guarantee, nor the duration of the contractual guarantee. We would also like to remind you that as a general rule, and subject to the appreciation of the Courts, the respect for the capacities of the present contract relative to the contractual guarantee supposes that the Client honors his financial commitments to the seller.
The Client’s complaints or claims will always be received with attentive benevolence by HEMEN, the good faith being always presumed at the one who makes the effort to expose his situation. In case of litigation, the Client should first contact HEMEN to try and obtain an amicable solution.
Failing that, jurisdiction shall fall to the Tribunal de Commerce of the permanent residence of the claimant, or the provided delivery address. (This jurisdiction is equivalent, for non-traders, to refuse the jurisdiction option that is offered to them as the claimants of the action, and not the defendants).