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GLOBAL TERMS AND CONDITIONS OF WEBSITE ACCESS AND SALES

 

HANS PROD operates one or more website(s) and offers the public the purchase of jewelry and other fashion accessories. The Company may add or withdraw any object/product and/ or service as it seems appropriate.

The Company, which is duly incorporated under French Law, is based in Paris.  It is “Seller” for the products in the website, unless othervise expressely stipulated. From time to time, teh Comapny may also act as « intermediary » for the sales of Third Party products / third party services.

 

At any time, HANS PROD, a French company incorporated in the form of SASU with the capital of 1.000 € , having its registered office at 34 rue Faidherbe 75011 Paris, represented by  its President, can be reached by email by clicking on the accessible contact form, via the home page of the site or by mail to the address of the head office.

Reply to customers’ requests are made within only during working hours.

 

Important: Website is open to Adults only with full capacity. Buyers should take ackowledgment of customs and tax regulations/provisions/ ban to be applied to jewelry in the Country of delivery before order is settled.

 

I- Nature and respective scope of following terms and conditions

 

Any visitors/user of the website is subject to the T & Cs of the webiste. Any visitor agrees to comply with theses conditions.

 

The  General T& Conditions of Sale will apply to any order placed through the website, except  othervize specified in special provisions, which would result from an express written agreement.

Notably T& Conditions of purchaser, if any will not apply to Order through the website.

 

Modification of Terms and Conditions: HANS PROD is entitled to modify the T&Cs of the website according to new circumstances, without prior notice.

 

The applicable GTCS are those in force on the date of registration of the order.

Regarding the GTCS, HANS POD reserves the right to modify them by the publication of a new version on its website with reasonable notice period.

The Customer should agree on GTCS prior to any purchase. Pruchaser recognises and agrees that his approval may result from a telematic click or thick.

HANS PROD reserves the right to introduce any General Conditions of Service (CGS) if any service is provided through its website.

 

DISCLAIMER: The Customer acknowledges that he took advices and information he fells appropriate before placing any Order through the website. Buyer should engage only an appropriate part of its resources. Specifcation of Products on the website will prevail to any other specs.

 

PROOF: The Company operating the website records informations on transactions through the website ( orders, invoice, ect…). Purchaser recognises this digital trace will constitute a Proof of transaction and notably, customer’s agreement(s). The data and information entered by the customer when ordering is binding on its regard. The client accepts that the company stores information concerning him in digital format for the purpose of managing transaction history only.

The archiving of the order as well as invoices and other documents relating to the order, such as requests for cancellation, adjustment, transports note is done on a reliable and durable support so as to constitute a faithful and durable copy in accordance to the provisions of the laws in force. This information can be produced as proof of the contract.

 

  1. GTC- Access and use of the website

 

Access: Access to the website is free and clear for any user, subject to any attempt at hacking, intrusion, blocking or illicit occupation or, in particular crowling and / or any other maneuver aimed at making access to the site difficult or impossible for purchasers.

HANS PROD reserves the right to limit access only to adults and people with full capacity. It my restrict access to any person. It reserves the right to signal/ take action against illegal actions, behavior and remarks on the website.

The user can be disconnected in the event of a prolonged connection without activity. HANS PROD does not undertake that the website is reachable permanently and accessible in all circumstances. It will be held liable for any technical malfunction of the website whether it leads to an interruption of access or to the closure of the website.

The telecommunication costs occured for access to the website (s) of the Company are borne by the Client regardless of the duration and the number of connections required for the order.

 

Content: Offers on the website may vary over time, depending on the availability of stocks, brand policy, modification of Products.

 

Opinion and expression: Users, if they are invited to make comments or are invited to participate in a forum open to the public or private forum, agree in all circumstances to avoid any defamation, insult, disparagement of any kind and to adopt correct statements on the Company or third parties. HANS PROD is free to control user or buyer notices on the website under any circumstances, without prejudice.

 

Copy: Models and photos are covered by trademark law and intellectual property. It is strictly forbidden to copy it, or to use it for commercial purposes including as comparative advertising.

 

Illegal use: any illicit use can lead to the exclusion of a visitor, and to any legal action for compensation.

 

Link: any hypertext link, reference must be approved beforehand by the company.

 

 

III- GT&CS

 

Capacity of buyers: The Customer declares to be with full capacity to enter in agreement and contract with the Company, able to contract legally under French law (In particular not being the subject of a procedure negotiated claims settlement or bankruptcy).

Whoever contacts on behalf of a company or entity, will guarantee the seller that this company is validly incorporated that it has full and entire capacity, and that he is validly authorized to contract on the website according to the by-laws, and that he is  fully autorized as mandate.

 

Buyer: In the relations between the parties, the person ordering is always presumed to be the buyer, whatever the place of delivery he specifies. There is no assignation of Rights except for warranty.

 

Conclusion of the online contract: In accordance with the provisions of article 1127-1 of the French Civil Code, the Customer will follow a series of steps to conclude the contract by electronic means in order to be able to place the order ( acceptance of GTCS, double click formality). Before confirmation, the Buyer is given the chance to check details of his order, its price. Customer may cancell with no prejudice, the order at this stage.

 

Firm Order: The order placed on the site becomes firm and final when the Customer clicks on the button Confirmation of the order.

 

Payment: HANS PROD specifies several means of payment and is free to limit these. Payment services are performed by specialized third parties. HANS PROD does not guarantee theses services which it has no control on, nor the methods in which these companies proceed to identify the client.

 

Order confirmation: The receipt of the order is confirmed as soon as possible in the form of an electronic message summarizing the details of (s) / of the purchase (s), sent to the address specified the Customer when order confirmation.

 

Cancellation: In the event that, ordered item is not available, the Customer will be notified as soon as possible. The Customer can then modify its choice or cancel the order. Refund will be requested on the day of the order cancellation.

When the order is processed, the buyer will receive a dispatch notice. He will receive a pdf copy of GTCS applied. No shipment is made before full payment in advance.

The Seller is free to cancel the order for any other reason, in particular in the event of a dispute over a previous order, recurring incident of payment and / or delivery or for implementation of Anti money laundering regulations. The Seller reserves the right to refuse the order, for example for any abnormal request made in bad faith or for any legitimate reason.

If an item is unavailable for a period longer than 30 working days, Customer will be immediately notified of the expected delivery times and the order for this item may be canceled on request from him. The Customer may then request a credit for the amount of the item or its full refund and the cancellation of the order.

 

Price: Prices are in euros, all taxes included. Prices applied are those appearing on the site at the time of the order. Prices are revised weekly according to raw materials fluctuation. HANS PROD reserves the right to modify prices at any time. HANS PROD is not liable in case of display of an incorrect price due in particular to technical problem or human error. In this case, HANS PROD will inform the Customer as soon as possible and the order will be canceled.

Taxes and tariffs: The Value Added Tax (VAT) applied is French territory VAT, on the day of the order. Any change in the applicable rate will be reflected in prices of products and services. Company does not provide tax refund service for exports after purchase in France.

For all products shipped outside the European Union and/or French overseas departments and territories, the price is calculated net of tax on the invoice.

The Client is informed that specific customs duties, local taxes and tariff may apply and that he should take it into consideration before Order.

Shipping costs on the product order page shipping cost are specified separatly.

 

Delivery: delivery will be made to the address indicated by the Customer and under his responsibility. Deliveries are made by Post Office or by UPS (the “Carrier”). HANS PROD does not guarantee the carrier. HANS PROD undertakes to deliver to the Carrier all the products ordered by the Customer within the deadlines communicated to the Customer during the confirmation of the Order.

In the event of late delivery, the Customer has the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the “outward” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller makes available a telephone contact point (cost of local communication from a landline) indicated in the Order confirmation email to follow up on the order. The Seller recalls that when the Customer physically hangs possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations regarding the product delivered.

DISCLAIMER: HANS PROD does not guarantee any compensation in the event of delay.

 

 

Retention of ownership: The product(s) remains the sole property of the Company until full payment of price.

 

Right of withdrawal: The Customer has a withdrawal of 14 days maximum from the acceptance of the Order, which ceases upon acceptance of the delivery.

In the event of withdrawal after notice of processing the order, the products must be returned in new condition in the original packaging to the address of the head office, and this within 14 days of delivery. The return is at the customer’s expenses. The products which have been the object of personalization at the request of the customer are neither taken back nor exchanged.

In accordance with legal provisions, you can request the standard withdrawal form to be sent to us at the following address: 34 rue faidherbe 75011 Paris.

Size adjustment: if the size of the jewel is not suitable, the customer can return it to HANS PROD for a return transport cost, for free size adjustment. All requests must be made within 3 months of delivery.

 

Payment in installments: The price is in principle paid in cash on the day of the order. If HANS PROD sets up a payment in several installments through a financial partner, taking an order is conditional on obtaining the financial agreement of the financial organization. However, HANS PROD is not finantial adviser to the Client and is not liable for any case rising from the financial agreement.

 

Applicable law: Sales are subject exclusively to French law. Any foreign customer now accepts that French courts are exclusively competent for the validity and the execution of this contract. If the buyer is a merchant, the Paris Commercial Court is exclusively competent for any dispute in connection with the contract entered into on the website.

 

RGDP: HANS PROD implements the provisions of the European Regulation on personal data (Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data). This covers personal data processing which aims at the sale and delivery of products and services defined in this contract.

In consideration of this regulation, Purchaser is informed of the following: – the identity and contact details of the controller and, if applicable, of the representative of the controller: the President of the company – the legal basis for the processing: contractual performance – the recipients or categories of recipients of personal data, if they exist: the data controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales and delivery and the order, the subcontractors involved in the delivery and sale operations as well as any authority legally authorized to access the personal data in question – no transfer outside the EU is planned – the duration of data retention: time of the commercial prescription – the data subject has the right to ask the controller for access to data es personal, rectification or erasure thereof, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability – The data subject has the right to lodge a complaint with a supervisory authority – the information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot

 

Customers service: the Buyer can contact the company using the following contact : HANS PROD- 34 rue faidherbe 75011 Paris. In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the French Consumer Code. If the claim request to the Seller’s customer service fails, or if there is no response within two months, the consumer can submit the dispute to a mediator, who will independently try to bring the parties together with a view to obtaining an amicable solution.

 

Force majeure: The execution of the obligations of the parties hereunder is suspended in the event of a fortuitous event or force majeure which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.

 

Miscellaneous: If one of the stipulations of this contract was canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

 

Consumer information: For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below: « Article 1641 of the Civil Code: The seller is bound by the warranty due to hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given it a lower price, if he had known them. Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, in the year following the date on which the seller can be discharged from apparent defects or non-conformities.

Article L. 217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code: The product conforms to the contract: 1 ° If it is suitable for the usual use expected of a similar product and, if applicable: – if it corresponds to the description given by the seller and has the qualities which the latter presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.

Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L. 217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a delivery state covered by the warranty, any downtime of at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the goods in question, if this provision is subsequent to the request for intervention.

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