Article 1 : application field
The general sales conditions apply exclusively to the current and future commercial relations which exist between HECTOR SAXE-40BD HENRI IV75004 PARIS France (us) and the originator of the order (you). All conditions which do not conform to our general conditions that you may formulate will be rejected unless we have expressly and in writing recognised the possibility of application.
Article 2 : orders
We commit ourselves to accepting your order under the terms of the present general sales conditions.
We would like you to note that we will respond to your order within the limit of available stocks or subject to stocks available at our suppliers. Unless otherwise expressly specified, the presence of an article in our on-line catalogue means that it is available...
If, in spite of our vigilance, products prove to be temporarily unavailable (out of stock, new editions, bankruptcy of a supplier, etc) we will inform you by e-mail and invite you to cancel or modify your order. If the products remain definitively unavailable (depletion of stock, non renewal of certain products etc) after order, we will automatically cancel your order and inform you by e-mail. By confirming your order, you accept the totality of the present general sales conditions placed at your disposal on our website, and recognise that you have perfect knowledge of them, thus renouncing the use of any contradictory document and notably your own general sales conditions, the act of purchase brings about acceptance of these general sales conditions. This confirmation together with all the data that we will have recorded constitutes the proof of our transactions.
Article 3 : prices
The prices given include all taxes, exclusive of transport expenses and the handling of your order.
In accordance with French law on distance sales, VAT is not deducted if you live abroad. We reserve the right to modify our prices at any given moment, but we commit ourselves to apply the going rate which was given to you at the time of your order.
Article 4 : payment
Payment due must be made immediately on the date of the order. If you live in metropolitan France, in Monaco or in the overseas French territories (DOM-TOM), you can make payment by cheque drawn on a bank domiciled in France, or add banking charges or compensation of 30 euros, money order.
If you live abroad (except Monaco), you can make payment by banker’s card (Visa, EuroCard/MasterCard, American Express).
Your order will be carried out as soon as stock has been validated AND bank acceptance of your payment, verification and cashing is made on the day of sending whether by banker’s card or by cheque.
Article 5 : delivery
Except for contrary provision, the delivery is made to the address which you have given at the time of your order. Any risks will be yours as soon as the products ordered leave our premises. The delivery dates are only given as an indication. In some countries it's possible that the customers has to pay some customs fees. We will not refund the amount of the taxes.
Article 6 : returns and refunds
In accordance with article L121-16 of the consumer code, you have a time limit of fourteen clear days starting from the delivery date of your order, to send us back products for exchange or reimbursement. The articles should be in the same state as when you received them. The return postage however will be at your own expense, except if the return is due to an error on our behalf.
Given the uniqueness and personality of the personalized item, it can not be taken back or exchanged in accordance with article L121-21-8 of the Consumer Code:
"The right of withdrawal can not be exercised, for contracts: (...) 3 ° The supply of goods made according to the specifications of the consumer or the clearly personalized ...".
As a result you have no option to claim any right of withdrawal.
Also, we recommend that you devote the necessary time and attention to the creation of your article.
At the end of this seven (7) day period, the delivered products will be considered in conformity with your order and acceptable to you.
Article 7 : ownership Reserve
The delivered goods remain our property up until you have carried out all your obligations towards us and notably until full payment of the sum due, and if necessary with increased interest. This ownership reserve does not prevent the transfer of risks which will be yours as from the date the ordered products leave our premises in accordance with the conditions in article 5.
Article 8 : guarantee for latent defects and responsibility
On the assumption that the products we have delivered have a latent defect, you have a time limit of seven (7) clear days in which to return these products. You will be reimbursed the return postage by a voucher for the equivalent value. You can either choose to eliminate the defect or to have the damaged product replaced by another. If we do not wish to either eliminate the defect or to replace the damaged product, or if we cannot do so, or if we cannot do so within the time limit because of circumstances beyond our control, you may either choose to return it to us and be reimbursed payment plus the price of the return postage or you may ask for a sales reduction.
All our products conform to current French legislation. We refuse all responsibility in the hypothesis that the delivered product does not respect the legislation of the country of delivery and in this case we will eliminate it from our catalogue.
In the same way, we are not responsible for the contents of websites which link to hypertexts from our site. We are committed to using best professional practice in customer service. Nevertheless, we cannot be held responsible in the event of failure of our contractual obligations in the case of a fortuitous occurrence or in unavoidable circumstances such as, and without limits, catastrophes, strikes, fire, flooding, failure or breakdown of material, transportation, communications or through your own activities.
Moreover, we cannot be held responsible due to delay or a stock shortage with the editor or supplier or for any errors in the presentation of our products on our website, the photographs, texts and illustrations representing our products are not of a contractual nature.
Article 9 : protection of personal data
We are committed to protecting your personal data. All the personal data concerning you that we have received are treated with the strictest confidence, in accordance with the conditions of our protection of personal data policy. During your purchases we only ask you for the necessary information pertinent to the quality of our services and the handling of your order. We do not sell, commercialise or hire this information to any third party. We can however decide to do so in the future with our suppliers and service providers or our associates (as defined in our protection of personal data policy) for the direct needs related to the execution of sales contracts that we finalise with you, but you can oppose this and notify us by e-mail at any given moment, at the following address: email@example.com
In accordance with article 27 of the Data-Processing and Freedom act of 6 January 1978, you have the right to access and rectification of the data concerned.
By adhering to these general sales conditions you acknowledge that you are fully aware of our protection of personal data policy and that you give your consent to us collecting and using this data.
Article 10 : applicable rights and court of jurisdiction
The present general terms of sale are subject to French law and the Vienna Convention on international sales contracts and commodities, with the exclusion of the right of sale of the United Nations. All litigation relating to the existing commercial relations between you and us will be subject to the exclusive competence of the Paris Law Court.