General conditions of sale and use

ARTICLE 1 – Scope of application

 

1.1. The present general conditions of sale apply, without restriction or reserve to all sales concluded by Hécourt (“the Seller”) with consumers and non-professional buyers (“the Customers or the Customer”), wishing to acquire the products offered for sale by the Seller (“the Products”) via the Internet site hecourt.preprod-lbt.fr.

 

In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

 

The Products offered for sale via the hecourt.preprod-lbt.fr website are as follows:

 

Leather goods

The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the hecourt.preprod-lbt.fr website.

The Customer is obliged to familiarise himself/herself with these before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer.

 

The photographs and graphics presented on the hecourt.preprod-lbt.fr website are not contractual and shall not incur the liability of the Seller. The Customer must refer to the description of each Product in order to know its properties and essential characteristics.

 

Product offers are subject to available stocks of leather and bag jewellery, as specified when the order is placed.

 

The Seller’s contact details are as follows

Hécourt 8 rue des sorbiers 69380 Chazay d’Azergues.

 

1.2 These general terms and conditions of sale can be accessed at any time on the hecourt.preprod-lbt.fr website. Where applicable, they shall prevail over any other version or any other contradictory document.

The Customer declares that he/she has read these general terms and conditions of sale and has accepted them by validating the deposit of 50% of the total amount displayed.

As these general terms and conditions of sale may be subject to subsequent amendment, the version applicable to the Customer’s purchase is that in force on the website on the date the order is placed.

In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the French Data Protection Act of 6 January 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has the right to access, rectify, oppose, delete and port all their personal data at any time by writing, by post and providing proof of their identity, to Hécourt 8 rue des sorbiers 69380 Chazay d’Azergues.

 

Validation of the order by the Customer implies acceptance without restriction or reservation of these general conditions of sale.

 

The Customer acknowledges having the capacity required to contract and purchase the Products offered via the hecourt.preprod-lbt.fr website.

 

The Products presented on the hecourt.preprod-lbt.fr website are offered for sale without territorial restrictions.

 

In the event of an order to a country other than France, the Customer remains the importer of the Product(s) concerned.

 

For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated exclusive of tax automatically on the invoice.

 

Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.

 

Please note

 

1.3. Changes to these General Terms and Conditions of Sale are binding on users of the hecourt.preprod-lbt.fr website from the date they are posted online and cannot be applied to transactions concluded previously.

 

ARTICLE 2 – Orders

 

2.1 It is the Customer’s responsibility to select, via the hecourt.preprod-lbt.fr website, the Products that he/she wishes to order from among those displayed and offered for sale.

 

The contractual information relating to the Products is presented in French and will be the subject of a confirmation containing this contractual information at the latest at the time of validation of the order by the Customer.

 

Product offers are valid as long as they are visible on the sites, within the limit of available stocks of leather and bag jewellery. The sale will only be considered definitive once the Seller has sent the Customer confirmation of acceptance of the order by e-mail and once the Customer has received payment in full.

 

2.2 The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

 

2.3 In the event of cancellation of the order by the Customer after its acceptance by the Vendor less than 10 days before the date scheduled for the supply of the Products ordered, for any reason whatsoever other than the exercise of the right of withdrawal or force majeure, a sum corresponding to 50% of the total amount of the purchase will be retained by the Vendor and invoiced to the Customer, by way of damages, as compensation for the loss thus suffered.

 

ARTICLE 3 – Prices

 

3.1. The Products are supplied at the current prices shown on the hecourt.preprod-lbt.fr website when the order is registered by the Vendor. Prices are expressed in Euros and include VAT. Prices include delivery costs within the European Union.

 

These prices are firm and non-revisable during their period of validity, as indicated on the website, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They include the costs of processing, dispatch, transport and delivery. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

 

An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Product(s) ordered.

 

ARTICLE 4 – Terms of payment

 

4.1. The 50% deposit paid by the Customer when the order is placed and the payment of the balance of the price of the leather goods item(s) are payable by secure payment, using the following methods:

 

– by bank transfer: IBAN: FR76 1548 9047 5000 0915 6170 170 BIC: CMCIFR2A

 

ARTICLE 5 – Deliveries

 

5.1. The Products ordered by the Customer will be delivered in mainland France and throughout the world in accordance with the terms and conditions set out below, to the address indicated by the Customer when placing the order by e-mail (contact@hecourt.com).

 

Our products are delivered as follows:

 

France and Europe: the Seller offers delivery.

 

Outside France and Europe: Delivery costs will be borne by the Customer.

 

5.2. If the Customer is not fully satisfied with the product ordered via the hecourt.preprod-lbt.fr website, he/she may return the order within fourteen (14) days of receipt, provided that the Product(s) has (have) not been worn and that the Product(s) is (are) in the same condition as when received. The Customer will have the option of explaining the reasons for the return to the following address: contact@hecourt.com.

 

If the Customer has ordered from a country other than France, they must return the Product(s) ordered, via the carrier of their choice, within fourteen (14) days of receipt of their order. The return and any customs charges that may apply in this case shall be borne by the Customer.

 

5.3. Delivery consists of the transfer to the Customer of physical possession or control of the Product.

 

The Vendor undertakes to make its best efforts to deliver the products ordered by the Customer within the times indicated when the order was placed. However, these times are given for information only. When a deadline is mentioned, if the Products ordered have not been delivered within this deadline after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

 

ARTICLE 6 – Transfer of ownership – Transfer of risks

 

The transfer of ownership of the Vendor’s Products to the Customer will only take place once full payment has been received by the Customer, regardless of the date of delivery of the said Products.

 

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products, and it is the Customer’s responsibility to check that the Products are in perfect condition (with the exception of defects or deterioration that are not apparent) upon receipt or to refuse delivery.

 

When delivery is made by an independent carrier, the Products travel at the carrier’s risk, with the Customer retaining the obligation to check that they are in perfect condition (except for defects or deterioration that are not apparent) on receipt, or to refuse delivery.

 

ARTICLE 7 – Right of withdrawal

 

7.1. In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to give any reason or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging, have not been used and are in perfect condition within fourteen (14) days at the most following notification to the Vendor of the Customer’s decision to withdraw.

 

7.2. Returns must be made in their original condition and complete (packaging, accessories, etc.) to enable them to be put back on the market as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be accepted.

 

The right of withdrawal may be exercised by e-mail to the following address: contact@hecourt.com, in which case an acknowledgement of receipt will immediately be sent to the Customer by the Seller, or by any other unambiguous statement expressing the wish to withdraw.

 

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased will be reimbursed; the cost of returning the Product(s) will be borne by the Customer.

The exchange (subject to availability) or refund will be made within fourteen (14) days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

 

ARTICLE 8 – Seller’s liability – Warranty

 

8.1. The Products sold via the Internet site hecourt.preprod-lbt.fr comply with the regulations in force in France and have performances that are compatible with non-professional use.

 

The Products supplied by the Vendor benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:

 

– the legal guarantee of conformity, for Products that appear to be defective, damaged or do not correspond to the order,

 

– the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.

 

It should be noted that under the legal guarantee of conformity, the Customer :

 

– has a period of two years from delivery of the goods in which to take action against the Vendor;

 

– may choose between repairing or replacing the Product ordered, subject to the cost conditions set out in article L 217-9 of the French Consumer Code;

 

– is exempted from having to prove the existence of the Product’s lack of conformity during the six months following delivery of the Product. This period is extended to twenty-four (24) months from 18 March 2016, except for second-hand goods.

 

8.2. The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product.

 

The Customer may decide to invoke the warranty against hidden defects in the Product in accordance with article 1641 of the French Civil Code; in this case, the Customer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

 

In order to assert his rights, the Customer must inform the Vendor, in writing, of the non-conformity of the Products within a maximum period of fourteen (14) days from delivery of the Products or the existence of hidden defects within the abovementioned periods and return the defective Products to the Vendor in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).

 

The Vendor will reimburse, replace or have repaired the Products or parts under guarantee that are deemed to be non-compliant or defective. Return shipping costs will be reimbursed upon presentation of receipts. Reimbursements for Products found to be non-compliant or defective will be made as soon as possible and at the latest within fourteen (14) days of the Seller’s finding of the non-compliance or hidden defect. Reimbursement will be made by credit to the Customer’s bank account or by cheque sent to the Customer.

 

8.3. The Vendor may not be held liable in the following cases:

 

– failure to comply with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check,

 

– in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

 

The Vendor’s guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

 

Each leather goods item is a handmade product made from natural leathers. Each leather is different and so is the final appearance of each item. This is what makes it unique.

 

ARTICLE 9 – Data protection

 

Pursuant to Act 78-17 of 6 January 1978, as amended by Act no. 2018-493 of 20 June 2018, it should be noted that the personal data requested from the Customer is necessary for the processing of the Customer’s order and, in particular, for the preparation of invoices. This data may be communicated to any of the Vendor’s partners responsible for executing, processing, managing and paying for orders. The processing of information communicated via the hecourt.preprod-lbt.fr website complies with legal requirements regarding the protection of personal data, and the information system used ensures optimum protection of this data. In accordance with the national and European regulations in force, the Customer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him or her.

This right may be exercised under the terms and conditions defined on the hecourt.preprod-lbt.fr website.

 

ARTICLE 10 – Intellectual property

 

10.1 The content of the hecourt.preprod-lbt.fr website is the property of the Seller and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

 

10.2. In addition, the Vendor retains ownership of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc. produced (even at the Customer’s request) with a view to providing the Services to the Customer. The Customer therefore refrains from reproducing or exploiting the said studies, drawings, models and prototypes, etc., without the Vendor’s express, written and prior authorisation, which may be subject to a financial consideration.

 

ARTICLE 11 – Force majeure

 

11.1. The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is the result of a case of force majeure, within the meaning of article 1218 of the French Civil Code.

 

11.2. The Party observing the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties. Performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed fifteen (15) days. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties will make every effort to resume normal performance of their contractual obligations as quickly as possible. To this end, the Party prevented will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act.

 

11.3 If the impediment is definitive or exceeds a period of fifteen (15) days, the present contract will be purely and simply terminated in accordance with the terms defined in the article “Termination for reasons of force majeure”.

 

ARTICLE 12 – Termination of the contract

 

12.1. Termination for failure by a party to fulfil its obligations.

 

In the event of failure by either party to comply with its obligations under the Articles of this contract, the contract may be terminated at the discretion of the aggrieved party.

 

In the event of a sufficiently serious breach of any of the obligation’s incumbent on the other Party, the Party suffering the breach may notify the defaulting Party by registered letter with acknowledgement of receipt, of the termination of the present contract, fifteen (15) days after sending a formal notice to perform which has remained unsuccessful.

 

12.2. Termination due to force majeure

 

Termination by operation of law for reasons of force majeure may only take place fifteen (15) days after receipt of formal notice sent by registered letter with acknowledgement of receipt or by any extrajudicial act. However, this formal notice must state the intention to apply the present clause.

 

ARTICLE 13 – Provisions common to cases of termination

 

It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement will be validly put in default by the mere fact that the obligation is due, in accordance with the provisions of article 1344 of the French Civil Code.

 

As the services exchanged between the Parties since the conclusion of the contract and until its termination can only be of use if the contract is fully performed, they will be returned in full.

 

In any event, the injured Party may apply to the courts for damages to be awarded.

 

ARTICLE 14 – Applicable law – Language

 

These general terms and conditions of sale and the transactions arising from them are governed by and subject to French law. They are written in French. If they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

 

ARTICLE 15 – Disputes

 

15.1 All disputes to which the purchase and sale transactions concluded in application of these general terms and conditions of sale may give rise, concerning both their validity, interpretation, performance, termination, consequences and consequences and which could not be resolved amicably between the seller and the customer, will be submitted to the competent courts under the conditions of common law.

 

The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (article L 612-1 of the French Consumer Code).

 

15.2. If the Customer finds that there has been a breach of the General Regulation on the Protection of Personal Data, he may appoint an association or a body mentioned in IV of article 43 ter of the 1978 Data Protection Act, to obtain compensation from the data controller or subcontractor before a civil or administrative court or before the National Commission on Data Processing and Civil Liberties.

 

The fact that a natural person (or legal entity) places an order via the hecourt.preprod-lbt.fr website implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document which would be unenforceable against the Vendor.