HARDI Service GENERAL TERMS AND CONDITIONS FOR THE SALE OF PRODUCTS OR SERVICES
(Updated October 28th, 2022)
For consumers (B2C)
1. GENERAL PROVISIONS
These General Terms and Conditions of Sale (hereinafter “GTC”) govern the relationship between the company HARDI Service, SAS, registered in the trade and companies register of Savigny (hereinafter “HARDI Service”) and any consumer making a purchase on www.shop.hardi.com (hereafter “Customer”). Any natural person not acting in the context of his professional activity, whether commercial, industrial, craft or liberal, is considered a consumer.
The GTC are written in French in their original version which alone is authentic and prevails over any other version.
These GTC apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels.
They are accessible by the Customer on the website (www.shop.hardi.com) (hereinafter “Site”) at any time and shall prevail, if necessary, over any other version or any other contradictory document. They are systematically submitted to the Customer before any order is placed and at the time the order is registered.
They are also accessible via the link specified in the order confirmation email sent following the Consumer’s online purchase. They can also be communicated on request by e-mail or by post.
By placing an order on the Site, the Customer declares to have read the GTC and is deemed to have accepted them without reservation. The Customer’s acceptance of the GTC is materialised by ticking a box at the time of ordering: “I accept the General Terms and Conditions of Sale”.
These GTCs express the entirety of the obligations of the parties and HARDI Service. and the Customer agrees that they exclusively govern their relationship.
In the event that an order is placed by a professional, the latter may not under any circumstances invoke the special provisions relating to distance selling to consumers, such as the right of withdrawal, legal guarantees or mediation.
2. MODIFICATION OF THE GTC
Given the possible changes to the Site, HARDI Service. reserves the right to adapt or modify these GTC at any time. Consequently, HARDI Service. invites the Customer to consult the GTC before any new order. The GTC then in force will be applicable to all orders placed from the date they are put online.
These GTC are only applicable to products delivered in metropolitan France, including (or excluding) Corsica and the continental islands; including the French Overseas Departments; including (or excluding) the Overseas Collectivities with special status; in a Member State of the European Union.
For all deliveries outside France, please send a message to ([email protected]) to find out if delivery is possible and if so, to obtain a specific quote.
4. LEGAL AGE AND CAPACITY
Non-emancipated minors do not have the capacity to contract and therefore to place orders on the Site.
The Customer certifies that he/she has full legal capacity to contract and place orders on the Site (i.e. that he/she is of legal age and not under guardianship).
5.1. General information
The essential characteristics of the products available on the Site are indicated on the product sheet which can be consulted online. To do so, simply click on the corresponding product sheet. The products are described and presented as accurately as possible. However, if errors or omissions have occurred in the presentation, the responsibility of HARDI Service cannot be engaged.
HARDI Service ensures that the visuals, photographs, videos and graphics representing the products are as accurate as possible but cannot guarantee a perfect similarity between the product ordered and the product represented (difference in colour, size, etc.). These visuals do not constitute a contractual document under any circumstances.
Furthermore, HARDI Service reserves the right to modify or change, without this list being exhaustive, the product sheets, the visuals, the products offered and their prices. Any modification comes into effect as soon as it is post online.
The product offers presented on the Site are valid, in the absence of any indication of a particular duration, as long as they appear on the Site and within the limits of available stocks.
If a product is unavailable after confirmation of payment of the order, an e-mail will be sent to the Customer to inform him. The Customer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment (using the same means of payment as the one used by the Customer, unless the Customer expressly agrees to use another means of payment), or the exchange of the product for a product of equivalent quality and price or, failing that, a purchase voucher for the amount of the order that can be used for any future order. Only the amount of the products delivered will be debited. Apart from the reimbursement of the price of the unavailable product, HARDI Service is not obliged to pay any compensation for cancellation.
If the order has not been validated, the Customer may return to his or her basket, which is kept for 1 day without any guarantee that the products in it will be available in their entirety during this period. The simple selection of a product and its addition to the Customer’s basket does not validate the order nor block the product: it may therefore become unavailable until it is prepared.
5.3. Instructions for use
The user’s manual and, if applicable, the installation instructions for the product, if essential, are provided in the product sheet or at the latest on delivery.
The products shall comply with the requirements in force relating to the safety and health of persons, fair trading and consumer protection at the time they are placed on the market.
In order to place an order on the Site, the Customer may create an account, log in or choose to continue without creating an account.
If the Customer places an order without creating a personal account, he/she should only provide the information necessary for the delivery of the order and in particular:
• For orders delivered at home: address, access code, etc. (and, for example, in the case of items with special delivery conditions: telephone number where he can be reached during the day to make an appointment);
• For pick-up in a relay: mobile phone number allowing him to receive sms and vms, landline phone number (if any) and email address.
If the Customer wishes to create a personal account, he/she must enter his/her name, first name, e-mail address and create a password. The login will be the Customer’s e-mail address. The password is strictly personal. The Customer undertakes to keep it secret and not to communicate it to third parties for any reason whatsoever. The Customer is responsible for his password. If the Customer becomes aware that his/her account is being used fraudulently, the Customer undertakes to report this immediately to HARDI Service.
The Customer agrees to provide accurate, current and complete information to HARDI Service and to maintain its accuracy. The Customer agrees not to create an account under a false identity.
Once the Customer Account has been created, a confirmation e-mail summarising the information provided is sent to the Customer at the address previously provided.
At each visit, when accessing his/her personal data in his/her personal account or when placing an order, the Customer will have been previously identified by his login and password.
Certain information is essential for the processing of the order and is therefore indicated as a mandatory field on the information collection form by means of an asterisk (*). Any processing of personal data will be carried out in accordance with the terms and conditions specified in the terms and conditions, and in compliance with the provisions of the legislation and regulations in force.
The Customer may, at any time, modify the information provided directly via his/her account or by contacting the Customer Service. The Customer is invited to update his/her data regularly. The information provided by the Customer when placing an order is binding.
6.1. Order process and validation
Once the products have been selected, the Customer checks the products ordered and the corresponding quantities and, if necessary, makes changes by adding or reducing quantities or by deleting products and is invited to follow the instructions on the Site in order to finalise the order, HARDI Service recommends that the Customer carefully checks the information provided in the order summary, in particular the products chosen, the delivery method and cost and the total amount to be paid.
In order to validate the order and pay, the Customer must have accepted these GTC by clicking on the checkbox and then click on “Accept terms and conditions”.
The Customer is then directed to the secure payment page in order to select the payment method he/she wishes to use. This referral to the secure page of the payment service provider guarantees that no banking information is transmitted directly via the Site.
The Customer proceeds to the secure online payment of the totality of his/her order and quickly receives confirmation by email.
The information given by the Customer when placing the order is binding: in the event of an error in the recipient’s details, HARDI Service shall not be held responsible for the impossibility of delivering the order.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a potential exchange and the guarantees mentioned below.
6.2. Order confirmation
An e-mail acknowledging receipt of the order, which summarises all the characteristics of the order (content and number of the order, total price, place of delivery or collection, delivery time of the products, etc.) and the payment, is sent by HARDI Service as soon as possible.
The sale will be considered final:
– After the confirmation of the acceptance of the order has been sent to the Customer by HARDI Service by e-mail;
– And after collection by HARDI Service of the full price.
E-mails are sent to the e-mail address provided by the Customer. Therefore, in the event of an error in entering the e-mail address concerned, or of non-receipt of the order confirmation message, the responsibility of HARDI Service cannot be engaged. In this case, the sale will be considered as final. The Customer may nevertheless exercise his/her right of withdrawal under the conditions set out in these GTC.
For any question relating to the follow-up of an order, the Customer must call the (to be completed and specify the dates and times of operation) (cost of a local call).
6.3. Modification or cancellation of an order
For any request for modification the Customer should contact HARDI Service.
HARDI Service will then advise whether the change is possible and, if so, will inform the Customer of any change in the price of the Product, the delivery time or any other change that may be necessary as a result of the requested change. The Customer will be asked to confirm whether he/she wishes to proceed with the requested change.
If the modification is not possible or if the consequences of the modification are unacceptable to the Customer, the latter remains free to exercise his/her right of withdrawal in accordance with Article 12 below.
If the cancellation or modification of the order is accepted by HARDI Service, the cancelled products will be reimbursed, the rest of the order remaining firm and definitive.
The Customer’s order may be cancelled by HARDI Service for any reason whatsoever, in particular in the event of non-payment, stock shortage, withdrawal of a product from sale, lack of information necessary for delivery, incorrect address or any other problem with the Customer’s account. The Customer will be informed by HARDI Service.
The amount of the product(s) concerned will be refunded via the payment method used.
Furthermore, certain orders may be subject to requests for additional elements from the Customer. In this case, the Customer is notified by e-mail of the supporting documents to be sent in order to obtain final validation of the order. HARDI Service reserves the right to cancel the order in the event of non-receipt of these supporting documents or receipt of documents deemed to be non-compliant.
Furthermore, HARDI Service reserves the right to refuse or cancel any orders for legitimate reasons and more particularly if the quantities of identical products ordered are abnormally high compared to the quantities usually ordered by Customers having the quality of consumers or if these quantities suggest that an economic activity is being carried out by the Customer (it being recalled that purchases made on the Site are reserved for non-professional customers for their own private use)
HARDI Service cannot be held responsible for the consequences of any event beyond its control, in particular cases of force majeure, which would tend to delay or prevent the placing of the online order or the delivery.
The prices of the products on the Site are indicated in euros, including all taxes, and including any eco-contributions in force at the time of the order, but excluding delivery costs, which are payable by the Customer.
The prices of the products are those in force at the time the order is registered by the Customer. However, HARDI Service reserves the right to modify its selling prices at any time before the order is taken.
If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the products.
In the event of an obvious typographical error in the price of a product or products, HARDI Service will notify the Customer of such error and give the Customer the opportunity to reconfirm the order at the correct price or to cancel it.
An invoice is created for each shipment, allowing the implementation of the guarantee, and can be printed in the “My account” section.
In the event of a price promotion, HARDI Service undertakes to apply the promotional price to all orders placed during the period of the promotion. Promotional offers are only valid within the double limit of the validity period of the offer concerned and availability of stocks.
8. PAYMENT – SECURING SETTLEMENT TRANSACTIONS
ORDERS ON THE SITE ARE ORDERS WITH OBLIGATION OF PAYMENT.
All orders placed on the Site are payable in full at the time of ordering.
The products and the contribution to the delivery costs must be paid for when ordering on the Site.
To pay for his/her order, the Customer has, at his/her choice, all the payment methods made available by HARDI Service and listed on the Site.
All online payments by credit card (Visa, Eurocard / Mastercard, Amex) are made through the secure payment system Stripe which uses the HTTPS protocol so that the information transmitted is encrypted and secure.
During the payment transaction, the Customer is automatically connected to the server of the payment processing centre where he/she will be asked to enter his/her bank details (name, bank card number, date of validity and security code on the back of the payment card) in order to proceed with the payment. Bank details, protected by encryption, do not pass through the systems of HARDI Service (and are therefore not kept by HARDI Service).
The order validated by the Customer will only be considered effective when the bank payment centres concerned have given their agreement. In the event of refusal by the said centres, the order will be automatically cancelled and the Customer will be notified by e-mail.
After validation of the order by the bank payment service, the Customer receives an order confirmation by e-mail.
By placing an order on the Site, the Customer guarantees that the payment information provided on the order is valid and correct and that he/she is authorised to use the chosen payment method.
HARDI Service has an order verification procedure in place to ensure that no one is using another person’s bank details without their knowledge.
As part of this verification, the Customer may be asked to send a copy of an identity document and proof of address to HARDI Service. The order will only be accepted after HARDI Service has received and verified the documents sent.
HARDI Service reserves the right to suspend all order processing and deliveries in the event of refusal of payment by credit card from officially accredited organisations or in the event of total or partial non-payment of a previous order or if a payment dispute with the Customer is is pending.
Customers who do not wish to pay online may choose to pay by cheque or by telephone. In this case, they are invited to contact the customer service department of HARDI Service at the following number: +33 825 87 96 79
Delivery is defined as the transfer to the Customer of physical possession or control of the goods.
The delivery is made only after confirmation of payment by the banking institution of HARDI Service. Deliveries are made within the limits of available stocks and are carried out by transport service providers only in metropolitan France (excluding Corsica, depending on the products, according to the prefectural decree).
For other islands in mainland France, the order will be made available at the nearest ferry terminal on the mainland, and it will then be up to the Customer to carry out the rest of the delivery at his own risk, the transfer of risk taking place at the time of signing the delivery note.
For any delivery outside the above-mentioned delivery area, the Customer may send a message to HARDI Service to find out if delivery is possible and if so, to obtain a specific quote.
No deliveries are made to post office boxes and leftover post.
9.2. Terms of delivery
Products will be delivered according to the shipping option selected by the Customer during the ordering process.
Delivery shall be made by handing over the product directly to the Customer or, failing that, by sending a notice of availability to the Customer by HARDI Service or the transport provider.
HARDI Service reserves the right to change the carrier and/or delivery method requested by the Customer to one that is at least as fast as the chosen one, at no additional cost to the Customer.
When the order includes several different delivery methods, it will be sent to the Customer in several packages and possibly on different dates.
Orders can be tracked directly via the shipment tracking link specified in the order confirmation sent by e-mail or from the Customer’s account.
The products are delivered to the address indicated by the Customer at the time of the order, the Customer must therefore ensure that it is correct. Any parcel returned to HARDI Service because of an incorrect or incomplete delivery address will be sent back at the Customer’s expense. The Customer may, at his/her request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose when ordering.
If the Customer is absent on the day of delivery, the deliveryman will leave a notice in the letterbox, which will allow the Customer to collect the parcel at the place and during the period indicated.
Within fifteen days of the notice of availability, the Customer must collect the product ordered.
9.3. Delivery charges
All orders to be delivered will be charged of delivery costs indicated at the time of the order.
Some items may benefit from an exemption of delivery costs, which will be indicated in the product sheet and during the validation of the basket with the mention: “Free delivery”.
The amount of the shipping costs is shown in the details of the basket, in the order summary and on the invoice.
9.4. Delayed delivery
Except in cases of force majeure or during periods of closure clearly announced on the home page of the Site, the date or time of delivery will be those indicated when the order is placed.
In the event of non-delivery within the maximum period indicated, not attributable to the Customer, and excluding cases of force majeure, as defined by jurisprudence, encountered by HARDI Service or its carriers, the Customer must give HARDI Service formal notice to deliver within a reasonable additional period, by registered letter with acknowledgement of receipt or in writing on a durable medium (by email via the online contact form).
If the delivery is not carried out within this period, the Customer may withdraw from the sales contract by registered letter with acknowledgement of receipt addressed to: HARDI Service – 43 Rue du Cuivre, 77176 Savigny-le-Temple, France. The sale will be considered as cancelled if the goods are not made available or delivered before the receipt of the registered letter by HARDI Service. The refund of the product(s) will be made as soon as possible and at the latest within 14 days following receipt of the registered letter with acknowledgement of receipt by HARDI Service.
9.5. Verification by the Customer of the delivered products
The Customer must at the time of the provision of his/her order or at the time of the delivery make sure to have the number of parcels announced and check the condition of the products.
If at the time of delivery, the packaging is damaged, torn or open, the Customer must check the condition of the items. If they have been damaged, the Customer must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged).
The Customer must indicate on the delivery note and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the Customer, or a person authorised by him/her, has signed the delivery note. In the case of a technical product, the Customer shall take particular care to check the correct operation of the appliance delivered and to read the instructions for use provided. By signing the delivery note without any reservation, the Customer is presumed to have received the goods without any apparent defect.
This verification by the Customer at the time of receipt of the products in front of the carrier is essential as it allows HARDI Service to subsequently exercise recourse against the carrier for any lack of conformity resulting from the transport or the delivery itself.
The Customer must then confirm these reservations to the carrier by registered mail at the latest within three working days following receipt of the item(s) and send a copy of this letter by e-mail or simple mail to HARDI Service at the address indicated in the site’s legal notice.
If products need to be returned to HARDI Service, they must be requested from HARDI Service within 7 days of delivery. Any claim made after this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
10. RESERVATION OF OWNERSHIP/RETENTION OF TITLE
The delivered products remain the property of HARDI Service until the complete and effective payment of the price by the Customer (effective collection of the payment by HARDI Service). Consequently, the Customer undertakes, as long as ownership has not been transferred to him/her, to take all useful precautions for the proper conservation of the products.
The Customer shall bear any risk of loss or damage to the goods: either from the moment the Customer or a third party designated by the Customer takes physical possession of the goods, or from the moment the goods are handed over to the carrier when the Customer has entrusted the delivery of the goods to a carrier other than the one proposed by HARDI Service.
11. PRODUCT WARRANTY
11.1. Legal guarantees: lack of conformity and hidden defects
• In the context of the sale of goods
“The consumer has a period of two years from the date of delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
“Where the contract for the sale of the goods provides the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity of the digital content or service and not the date of its appearance.
“The legal guarantee of conformity entails an obligation for the professionnal, where applicable, to provide all the updates necessary to maintain the conformity of the goods.
“The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without any major inconvenience to him.
“If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
“If the consumer asks for the goods to be repaired, but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of the replacement of the goods.
“The consumer may obtain a reduction of the purchase price by keeping the goods or terminate the contract by obtaining a full refund in return for the return of the goods, if:
“1° The trader refuses to repair or replace the goods;
“2° The repair or replacement of the goods takes place after a period of thirty days;
“3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replaced goods;
“4° The non-conformity of the good persists despite the seller’s unsuccessful attempt to bring it into conformity.
“The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. The consumer is then not obliged to request repair or replacement of the goods beforehand.
“The consumer is not entitled to rescind the sale if the lack of conformity is minor.
“Any period of immobilisation of the goods for the purpose of repair or replacement shall suspend the guarantee which was still running until the delivery of the repaired goods.
“The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
“The seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
“The consumer also benefits from the legal guarantee for hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund in return for the return of the goods.
• In the context of the supply of digital content or a digital service on a one-off basis or a series of separate supply transactions
“The consumer has a period of two years from the date of supply of the digital content or service in which to enforce the legal guarantee of conformity if a lack of conformity appears. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
“The legal guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or service.
“The legal guarantee of conformity gives the consumer the right to have the digital content or service brought into conformity without undue delay following his request, at no cost and without major inconvenience to him.
“The consumer may obtain a reduction in price by keeping the digital content or service or he may terminate the contract by obtaining a full refund in return for renouncing the digital content or service, if:
“1° The trader refuses to bring the digital content or service into conformity;
“2° The compliance of the digital content or service is unjustifiably delayed;
“3° The digital content or service may not be brought into conformity at no cost to the consumer;
“4° The compliance of the digital content or service causes significant inconvenience to the consumer;
“5° The non-compliance of the digital content or service persists despite the professional’s unsuccessful attempt to comply.
“The consumer is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. The consumer is then not obliged to ask for the digital content or service to be brought into conformity beforehand.
“In cases where the lack of conformity is minor, the consumer is only entitled to rescind the contract if the contract does not provide for payment of a price.
“Any period of unavailability of the digital content or service for the purpose of bringing it back into conformity shall suspend the warranty that was due until the digital content or service was provided back into conformity.
“The rights mentioned above result from the application of Articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.
“The professional who hinders the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 242-18-1 of the Consumer Code). ”
The consumer also benefits from the legal guarantee for hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is retained or to a full refund in return for renouncing the digital content or service.
11.2. Commercial guarantee
For certain products a commercial warranty may be offered to the Customer. In such a case, the duration, scope and conditions of this guarantee will be defined in the guarantee contract provided to the Customer.
It is recalled that, in addition to any additional commercial guarantee that may be granted, the products are guaranteed under the legal guarantees of conformity and hidden defects, in accordance with Articles L. 217-3 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.
12. RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer, a non-professional individual, has a period of fourteen (14) days from receipt of the product(s) ordered to exercise his/her right of withdrawal, without having to give any reason for his/her decision or pay any penalty.
In the case of an order containing several products, this 14-day period starts from the receipt of the last product.
If this period expires on a Saturday, Sunday or public holiday, it shall be extended until the next working day.
12.1. Conditions for exercising the right of withdrawal
If the right of withdrawal is exercised within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining at the Customer’s expense.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) in an identical packaging than the one used at the time of shipment, allowing them to be remarketed and must also be attached a proof of purchase, a copy of the invoice or the purchase delivery note for optimal management. In the event of damaged, soiled or incomplete products being returned, HARDI Service shall be entitled to refuse their return and refund.
To exercise his/her right of withdrawal, in accordance with the legal provisions, the Customer may use the standard withdrawal form in the Annex to be sent to the following address HARDI Service – 43 Rue du Cuivre, 77176 Savigny-le-Temple, France. The Customer may also exercise his/her right of withdrawal by any means to HARDI Service and in particular by post or e-mail expressing his/her wish to withdraw without any ambiguity, and mentioning the order concerned by this withdrawal.
In the event the Customer submits his/her withdrawal by the Customer, HARDI Service will provide the Customer with an acknowledgement of receipt of the withdrawal by email.
The burden of proof of the exercise of the right of withdrawal lies with the Customer.
12.2. Products excluded from the right of withdrawal
Pursuant to Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for certain kind of contracts and in particular for contracts “for the supply of goods made to the consumer’s specifications or clearly personalised” and “for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection”.
12.3. Return and refund
Once the withdrawal form or declaration has been sent to HARDI Service, the Customer must return the concerned product(s) to HARDI Service within a reasonable period of time and, at the latest, within 14 days of communicating his/her decision to withdraw.
The Customer shall return the product(s) to the address indicated by HARDI Service.
HARDI Service will refund the sums paid (including delivery costs) at the latest within 14 days of the date on which the right was exercised, using the same means of payment as that used for the order, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not give rise to additional costs. This refund date may be deferred until the product has been recovered or until the Customer has provided HARDI Service with proof of shipment of the product, the date retained being the first one which occurs.
HARDI Service is not obliged to reimburse the Customer for any additional costs if the Customer expressly chooses a more expensive delivery method than the standard delivery method offered by HARDI Service.
No COD shipments will be accepted for any reason whatsoever.
It is specified that, in the event of total or partial payment by gift vouchers, these cannot be reimbursed in cash, by cheque or by bank card. The reimbursement of purchases made with gift vouchers will be made exclusively in the form of HARDI Service’s gift vouchers for an identical amount than the one paid in this form.
Furthermore, the advantages obtained when purchasing a product, in particular thanks to a loyalty card, will be cancelled if the product is returned with a refund.
12.4. Limits to reimbursement
In addition to the cases set out above, the Customer may be held liable by HARDI Service in the following cases
– deterioration of products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods;
– for any damage caused to the product from the moment the Customer receives the products until they are returned to HARDI Service.
The products offered comply with the French legislation in force. The responsibility of HARDI Service cannot be held in case of non-respect of the legislation of the country where the product is delivered (for example in case of prohibition of a title or a product). It is the Customer’s responsibility to check with the local authorities the possibilities of importing or using the products or services he/she intends to order.
HARDI Service shall not be held liable for any damage resulting from the misuse of the product by the Customer.
14. FORCE MAJEURE
Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions shall be considered as grounds for the release of the parties from their obligations and shall result in their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence and of their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the parties, despite all reasonable efforts, shall be considered as force majeure.
In addition to those usually accepted by the jurisprudence of the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: blockage of means of transport or supplies, earthquakes, fires, storms, epidemics, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than one month, these general conditions may be terminated by the injured party.
15. INTELLECTUAL PROPERTY
All elements of the Site (texts, photographs, illustrations, brands, logos, names, icons, etc.) are the exclusive property of HARDI Service. These elements are protected by French and international laws relating to the respect of copyright, trademarks, etc.
The fact that this Site is online does not imply a licence to use the elements contained therein, such use being subject to the prior and express written consent of the owner of these elements.
In this respect and in accordance with the provisions of the Intellectual Property Code, only private use is authorised.
Customers undertake not to make any other use of this content; any total or partial reproduction of this content by any means whatsoever without the prior and express written consent of HARDI Service is strictly prohibited and is likely to constitute an infringement of copyright which may incur the civil and criminal liability of the infringer and may be the subject of legal proceedings in France and abroad.
16. PROTECTION OF PERSONAL DATA
In its capacity as data controller, HARDI Service ensures the protection of the Customer’s personal data.
HARDI Service’s data protection policy is available on the Site and informs the Customer of how any personal data he/she may provide is handled (i.e. collected, used, shared, stored or deleted).
This policy also details the rights that the Customer has in this regard and how he/she can exercise them.
HARDI Service is committed to respecting its data protection policy as well as the regulations in force and standards established by the French National Commission for Information Technology and Civil Liberties.
It is reminded that the Site is designed to be particularly attentive to the needs of the customers of HARDI Service. This is one of the reasons why cookies are used. The purpose of the cookie is to indicate that the Customer has visited the Site. Cookies are therefore only used by HARDI Service in order to improve the personalised service intended for the Customer.
In accordance with the legal framework in force, it is also recalled that any purchaser has the possibility of registering free of charge on the Bloctel opposition list, in order to express his refusal to accept telephone canvassing. For more information on registration on the Bloctel opposition list, the Customer is invited to consult the following link: https://conso.bloctel.fr/index.php/inscription.php.
17. APPLICABLE LAW – COMPLAINTS HANDLING – MEDIATION
The present conditions are subject to French law, excluding the provisions of the Vienna Convention.
Disputes arising from the application of these GTC are subject to French law and only French courts may hear such disputes.
In the event of a dispute or claim, the Customer shall first contact HARDI Service to obtain an amicable solution.
The Customer may have recourse to mediation or any other alternative dispute resolution method.
17.1. Complaints handling / Mediation
In the event of a disagreement or complaint about a service or product, the Customer may submit a reasoned complaint to the customer service department of HARDI Service:
• By mail: [email protected]
17.2. Recourse to the Ombudsman
If the Customer’s request for a complaint to the customer service fails or if there is no response from this service within two months, the Customer may submit the dispute, free of charge, to the Consumer Ombudsman responsible for HARDI Service..
In accordance with articles L. 616-1 and R. 616-1 of the French Consumer Code, HARDI Service. has set up a consumer mediation system for purchases made on the Site.
The mediation can be found under your Account. In the event of a dispute, the consumer may submit his or her complaint on the site: shop.hardi.com or by post by writing to: name and address of the mediator.
The Mediation Service can be contacted for any consumer dispute that has not been settled. To find out how to contact the Mediator, click on the link to the Mediator’s website.
In accordance with Article 14 of Regulation (EU) No 524/2013, the Customer may also access the online dispute resolution platform set up by the European Commission at https://ec.europa.eu/consumers/odr/ .
18.1. If one or more of the provisions of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
18.2. The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question.
18.3. In the event of any difficulty of interpretation between any of the headings in the clauses and any of the clauses, the headings shall be declared non-existent.
19. LEGAL INFORMATION
HARDI Service, S.A.S., (RCS Melun n° 520141797) capital social (capital): 200 000 €.
Siège social (Head office): 43 Rue du Cuivre, 77176 Savigny-le-Temple, France
Numéro de TVA (VAT number): FR number
Contacts: mail / Customer service phone number
Directeur de la publication (Director of publication): Name, First name
Hébergeur (Hosting): HARDI Service
43 Rue du Cuivre, 77176 Savigny-le-Temple, France
The contractual information is presented in English.
ANNEX 1 – Withdrawal form
(The Customer can inform of his/her desire to exercise his/her right of withdrawal by using the following wording:
Subject: Exercising the right of withdrawal
To the attention of HARDI Service
I hereby notify you of my withdrawal from the contract relating to the sale of the following product:
Name and surname of the Customer:
(in case of notification of
this form on paper): Date:
For businesses (B2B)
These General Sales Terms and Conditions (hereinafter “T&Cs”) apply to the HARDI Service web site located at www.shop.hardi.com (the “Site”) and govern the relationship between HARDI Service (hereinafter “Seller”) and any business customer making a purchase on the Site (hereinafter “Customer”). These T&Cs apply to business customers (meaning any person or entity acting within the scope of their commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name or on behalf of another professional) only. Individual consumers purchasing Products for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession) cannot purchase on this Site.
Sale of any Products or Services is expressly conditioned on Customer’s assent to these Terms and Conditions. Any order is expressly limited to acceptance of these Terms and Conditions and the Seller expressly objects to any additional or different terms proposed by Customer. No Customer form shall modify these Terms and Conditions, nor shall any course of performance, course of dealing, or usage of trade operate as a modification or waiver of these Terms and Conditions. Any order to purchase products or receive services shall constitute Customer’s assent to these Terms and Conditions.
Seller reserves the right, at its sole discretion, to change, modify, add or remove portions of these T&Cs, at any time. It is the Customer responsibility to check these T&Cs periodically for changes. Consequently, Seller invites the Customer to consult the T&Cs before any new order. The T&Cs then in force will apply to all orders placed from their date of posting.
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
- “Contract” means either the contract agreement signed by both parties, or the purchase order signed by Customer and accepted by the Seller in writing, for the sale of Products or Services, together with these Terms and Conditions and Seller’s order acknowledgement. In the event of any conflict, the Terms and Conditions shall take precedence over other documents included in the Contract.
- “Customer” means the entity to which Seller is providing Products or Services under the Contract.
- “Products” means the equipment, parts, materials, supplies, and other goods Seller has agreed to supply to Customer under the Contract.
- “Seller” means the entity providing Products or performing Services under the Contract.
- “Services” means the services Seller has agreed to perform for Customer under the Contract.
- “Terms and Conditions” means these “General Terms and Conditions for the Sale of Products or Services”, together with any modifications or additional provisions specifically stated in Sellers final quotation or specifically agreed upon by Seller in writing.
These T&Cs are only applicable to Products ordered, delivered, and invoiced to Customers established in Germany.
The Site will guide Customer through the ordering process. Before submitting his order, the Customer will be given the opportunity to review and amend it. The Customer shall ensure that he has checked his order carefully before submitting it.
In order to place an order on the Site, the Customer can create his account or identify himself through a login.
Some information is essential for processing the order and is therefore indicated as a mandatory field on the information collection form by means of an asterisk (*). Any processing of personal data will be carried out in accordance with the provisions resulting from the legislation and regulations in force. The information given by the Customer, when taking the order, necessarily commits the latter.
Once his Products have been selected, the Customer checks the Products ordered and the corresponding quantities and makes any necessary changes thereto.
Any order implies acceptance of the prices and descriptions of the Products available for sale.
An e-mail acknowledging receipt of the order which summarizes all the characteristics of the order (content and number of the order, total price, place of delivery or collection, etc.).
The sale will be considered final:
- After the sending to the Customer of the confirmation of the acceptance of the order by the Seller by e-mail;
- And after receipt by The Seller of the full price.
Customer may cancel its order only with the prior written consent of Seller, which Seller may withhold in its sole discretion. All cancelations will be subject to payment to Seller of reasonable and proper cancelation charges. Customer may return Products only at its sole cost and only with the prior written authorization of Seller, subject to a restocking fee as agreed by the parties. No returns of special, custom, or made-to-order Products will be permitted. No returns will be permitted more than ten (10) working days after delivery. The Seller will only accept returned goods, if damaged at delivery or wrong items delivered.
5. Billing and payment
Prices are exclusive of tax and in euros and are those in effect at the time of the order, and, unless otherwise stipulated, are Ex-works (ICC®, 2020) and exclude shipping and handling charges, which are the obligation of Customer and will be added at checkout.
Seller makes all reasonable efforts to ensure that all prices shown on the Site are correct at the time of going online. The prices of the Products are those in force at the time of registration of the order by the Customer.
Seller reserves the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that Customer has already placed or paid by Customer. However, if the VAT rate changes between Customer order being placed and Seller taking payment, the amount of VAT payable will be automatically adjusted when taking payment. If any taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the Products.
Delivery charges are not included in the price of Products displayed on the Site. For more information on delivery charges, please refer to basket. Delivery options and related charges will be presented to Customer as part of the order process.
In the unlikely event that Seller has shown incorrect pricing information, Seller will contact Customer in writing to inform Customer of the mistake. However, in the event of an obvious typographical error in the price of one or more Products, Seller will inform the Customer of the said error and will give the Customer the opportunity to reconfirm his order at the correct price or to cancel it.
Payment for Products and related delivery charges must always be made in advance and Customer will be prompted to pay during the order process.
Payment must be made in full for the order, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
For the payment of his order, the Customer has, at his option, all the payment methods listed on the Site.
The order will only be considered effective when the bank payment centers concerned have given their agreement. In the event of refusal by the said centers, the order will be automatically canceled and the Customer notified by e-mail.
By placing an order on the Site, the Customer guarantees that the payment information provided on the order is valid and correct and that he is authorized to use the payment method chosen.
If, in Seller’ judgment, the Customer’s purchase constitutes a high-risk transaction, Seller will require the Customer to provide Seller with a copy of his valid government issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
Seller reserves the right to change Products and Product pricing at any time. Seller also reserves the right to refuse any order placed by the Customer. Seller may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Seller makes a change to or cancel an order, Seller may attempt to notify the Customer by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
6. Delivery and shipping terms
The delivery is made only after confirmation of payment by the banking institution. Deliveries are made within the limits of available stocks and are made only in Germany. Delivery costs will be invoiced at the order.
For export shipments, Seller shall deliver Products to Customer Ex-Works (EXW) Seller’s facility or warehouse (Incoterms ICC®, 2020). Customer shall pay all delivery costs and charges or pay Sellers standard shipping charges plus handling. Partial deliveries are permitted. The seller may deliver Products in advance of the delivery schedule. Delivery times are approximate and are dependent upon prompt receipt by The Seller of all information necessary to proceed with the work without interruption. If Products delivered do not correspond in quantity, type or price to those itemized in the shipping invoice or documentation, Customer shall so notify Seller within ten (10) working days after receipt.
Risk of loss shall pass to Customer upon delivery, except that for export shipments from France, risk of loss shall transfer to Customer upon title passage.
If any Products to be delivered under this Contract cannot be shipped to or received by Customer when ready due to any cause attributable to Customer, Seller may ship the Products to a storage facility, including storage at the place of manufacture or repair, or to an agreed freight forwarder. If Seller places Products into storage, the following apply: (i) title and risk of loss immediately pass to Customer, if they have not already passed, and delivery shall be deemed to have occurred; (ii) any amounts otherwise payable to Seller upon delivery or shipment shall be due; (iii) a fee of two percent (2%) of the value of the Products will be charged to Customer; and (iv) when conditions permit and upon payment of all amounts due, Seller shall make Products and repaired equipment available to Customer for delivery.
Any liability of Seller for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or adjusting the invoice respecting such Products to reflect the actual quantity delivered.
7. Retention of title
The delivered Products remain the property of Seller until full and effective payment of the price by the Customer (effective collection of payment by the Seller). Consequently, the Customer undertakes, as long as the property is not transferred to him, to take all the necessary precautions for the good conservation of the Products. The Customer shall bear all risk of loss or damage to the Products: either from the moment the Customer or a third party designated by him takes physical possession of the goods, or from the handing over of the goods to the carrier when the Customer has entrusted the delivery of the goods to a carrier other than that proposed by Seller.
8. Faulty, Damaged or Incorrect Products
Seller warrants that the Products, on delivery shall be as described; be free from material defects in design, material, and workmanship; and be of satisfactory quality.
In all cases, the Customer must, at his own expense and under his responsibility, check or have checked the quantities and the condition of the package and Products upon receipt.
In the event of defects, non-conformities, damage, deterioration or missing items, the Customer must, in addition to the reservations to be made on the delivery or collection note, make reservations or exercise his recourse against the carriers in writing within three (3) days of delivery, by extrajudicial document or registered letter with acknowledgment of receipt in accordance with the provisions of Articles L. 133-3 and L. 133-4 of the French Commercial Code. A copy must be sent to the Seller at the same time. The Customer must provide all evidence confirming the existence of the defects or faults identified. Acceptance of delivery without reservation or in a manner not compliant with the conditions set out above covers all visible defects, compliance defects and/or missing Products; the Products shall then be deemed accepted by the Customer.
Failing this, the Customer will be deprived of any recourse against the carrier and against the Seller for the defects, non-conformities, damage, deterioration or missing items noted. A statement such as “subject to unpacking” has no legal value and cannot constitute a reserve.
Customer must give the Seller a reasonable opportunity to examine the Products in question. Customer shall allow the Seller to proceed with the acknowledgement of these defects or faults so as to be able to remedy the same, if caused by the Seller.
If any Products purchased do not comply, Seller shall, at his own choice, repair the affected Products, replace them, or issue the Customer with a full refund for the price of the damaged Products. Customer cannot claim any compensation or cancel the sale in any way.
Seller will not be liable for any non-compliance with the provisions of this clause of any Products if any of the following apply:
- Customer has made any further use of the affected Products after giving Seller written notice of the non-compliance;
- The non-compliance has arisen as a result of the Customer failure to follow Sellers instructions on the correct usage, maintenance, installation, storage of the affected Products or, where no instructions are provided, Customer failure to follow good trade practice with respect to the same;
- The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by Customer to Seller;
- The Customer has made any unauthorized alterations or repairs to the affected Products; or
- The non-compliance is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions.
Except as provided in this clause, Seller shall have no further liability to Customer with respect to Products which do not comply with this clause.
To return Products to the Seller for any reason under this clause, please contact Seller at [email protected]
Seller will be responsible for the costs of returning Products under this clause and will reimburse Customer where appropriate. Refunds (whether full or partial) under this clause will be issued within 7 days of the day on which Seller agrees that Customer is entitled to the refund. Any and all refunds issued under this clause will include all delivery costs paid by Customer when the Products were originally purchased. Refunds under this clause will be made using the same payment method that the Customer used when ordering the Product.
For certain Products, a commercial guarantee may be offered to the Customer. In such a case, the duration, scope and conditions of this warranty will be provided to the Customer.
10. Disclaimer of Warranty
Seller warrants that all Products manufactured by Seller shall, at the time of sale, comply with applicable Sellers specifications. All Products not manufactured by Seller are sold only with the warranties provided by the manufacturer of Products, if any. SELLER MAKES NO OTHER WARRANTY WITH RESPECT TO THE PRODUCTS, AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
All Products are sold for commercial use only and are not intended for use by consumers. Accordingly, Seller disclaims all warranties to consumers, as defined by the French and European legislations. Any inspection services provided by Seller at Customer’s request shall be provided as a customer service only and shall not be deemed to act as a warranty or approval of Customer’s installation, use, or maintenance of the Products, nor shall Sellerbe liable for failure to detect improper use, installation or maintenance of the Products by Customer.
11. Limitation of Liability
The Products offered comply with the French legislation in force. Seller cannot be held liable in the event of non-compliance with the legislation of the country where the Product is delivered (for example in the event of a ban on a title or a Product). It is up to the Customer to check with the local authorities the possibilities of importing or using the Products or services he plans to order.
It is hereby expressly agreed that Sellers liability is triggered in relation to any direct and material damage related to the Product.
IN NO EVENT SHALL Seller BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL Seller AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS CONTRACT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE SELLER FOR THE PRODUCTS SOLD HEREUNDER OR, AS TO SERVICES, FOR THE AMOUNTS PAID TO THE SELLER FOR SERVICES PERFORMED HEREUNDER.
Seller has no liability in the event of the incorrect use or installation of the Product by Customer or a third party
12. Force majeure
All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension. The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance. Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, epidemics, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers. If the interruption is temporary, the order is suspended automatically and without compensation. If the event lasts more than thirty (30) days from the date of the event itself, the order may be terminated by either party, with neither party being entitled to claim damages.
13. Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Seller, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these T&Cs, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, modified, printed, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Sellers express prior written consent. Inclusion of any part of the Site and Contents in another work, whether in printed or electronic or another form or inclusion of any part of the Website and Services on another resource by embedding, framing or otherwise without the express permission of Seller is prohibited.
The fact that Seller does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution.
Seller is unable to guarantee that no patent rights, copyrights, trademarks, (user) rights, trade models or any other rights of third-parties are infringed by goods received from suppliers and/or buyers via Seller or third-parties via them, including but not limited to goods, models and drawings for the manufacture and/or delivery of certain Products.
14. Compliance with Laws
Seller shall take reasonable steps to ensure the Products are in conformity with applicable laws and regulations; however, Customer acknowledges that Products may be used in various jurisdictions for various applications subject to disparate regulations and therefore that Seller cannot warrant compliance with all applicable laws and regulations. Seller disclaims any representation or warranty that the Products conform to federal, state or local laws, regulations, ordinances, codes or standards, except as expressly set forth by Seller in writing. Customer shall comply with all applicable laws, regulations and ordinances. Seller may terminate this Contract if any governmental authority imposes antidumping or countervailing duties or any other penalties on Products.
The Products, items, technology or software covered by a quotation/order may be subject to various laws. Seller is committed to complying with all relevant export laws. Customer is responsible for applying for export licenses, if required, based on end user or country of ultimate destination. Customer shall not trans-ship, re-export, divert or direct Products other than in and to the ultimate country of destination declared by Customer and specified as the country of ultimate destination on Sellers invoice. Customer agrees to indemnify and hold Seller harmless from any and all costs, liabilities, penalties, sanctions and fines related to non-compliance with applicable export laws and regulations.
Customer represents and warrants that it is not subject to any trade sanctions imposed by the U.S., EU and/or UN and that it is in compliance and shall comply with all applicable laws and regulations relating to trade restrictions and/or export controls (including trade sanctions imposed by the US, EU and/or UN) with respect to Products sold hereunder, and shall provide evidence of compliance with the foregoing as Seller may reasonably request from time to time.
Customer represents and warrants that it is in compliance and shall comply with all applicable anti-bribery and anti-corruption laws and has not, directly or indirectly, offered, paid, promised, or authorized the giving of money or anything of value to any government official for the purpose of influencing any act or decision of such government official.
15. Confidential Information
All non-public, confidential or proprietary information of Seller, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by Seller to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this Contract is confidential, solely for the use of performing this Contract and may not be disclosed or copied unless authorized in advance by Seller in writing. Upon Sellers request, Customer shall promptly return all documents and other materials received from Seller. Sellershall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Customer at the time of disclosure; or (c) rightfully obtained by Customer on a non-confidential basis from a third party.
16. Personal Data
Seller, as data controller, may be required to collect certain personal data. The data protection policy of Seller is accessible on the Site and informs the User of the way in which the personal data that he may be required to provide is processed, that is to say collected, used, shared, kept or deleted. This policy also details the rights that the User has in this regard and how he can exercise them.
17. Photographs et representation of products
Seller makes all reasonable efforts to ensure that all descriptions and graphical representation of Products available correspond to the actual Products. The photographs of Products, accompanying their description, are not contractual and do not bind Seller.
The images of Products are for illustrative purposes only. There may be slight variations in colour between the image of a Product and the actual Product sold due to differences in device displays
and lighting conditions. The images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Products may vary.
18. Governing Law; Dispute Resolution
All matters relating to these T&Cs and to the sales to which they apply shall be governed by and construed in accordance with French law. Any disputes arising in relation to the interpretation or performance of these T&Cs shall, failing amicable settlement, be subject to the exclusive jurisdiction of the courts of Paris, France.
19.1. Amendment and Modification.
These Terms and Conditions may only be amended or modified in a writing which specifically states that it amends these Terms and Conditions and is signed by an authorized representative of each party.
No waiver by Seller of any of the provisions of this Contract is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Contract operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of the Contract or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Contract, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
If any term or provision of this Contract is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Contract or invalidate or render unenforceable such term or provision in any other jurisdiction.
Provisions of these Terms and Conditions which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms and Conditions including, but not limited to, the following provisions: Insurance, Compliance with Laws, Confidential Information, Governing Law, Indemnification, Submission to Jurisdiction/Arbitration and Survival.
19.6. Complete Agreement.
These General Terms and Conditions constitute the entire agreement between Customer and Seller relating to the subject matter hereof, and supersede all prior and contemporaneous discussions, understandings, and agreements related to the subject matter hereof.
The English version of the T&Cs prevails over any other version. This can be requested by contacting [email protected]