Between the Company Hartolia miniatures,
16 rue Maria Callas, 37550 SAINT AVERTIN
registered in the Trade and Companies Register of Tours (France) under the number 813 379 716,
represented by Mr. Adrien VIALLEFONT
in his capacity as manager,
duly empowered for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the homepage of the site.
Hereinafter the "Seller" or the "Company".
On the one hand,
And the individual or legal entity purchasing products or services from the Company,
Hereinafter, the "Buyer", or "Customer".
On the other hand,
It has been exposed and agreed as follows:
The Vendor is a publisher of products and services for the sale of scenery for scale models intended for consumers, marketed through its Internet sites (http://www.hartolia-miniatures.fr). The list and description of goods and services offered by the Company can be consulted on the above-mentioned sites.
This version of the legal notice is the translation of the French version. In the event of any discrepancy, the French version shall prevail over the English version hereof.
Article 1: Purpose
The present General Terms of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.
Article 2: General provisions
The present General Terms and Conditions of Sale (GTCS) apply to all sales of Products, made through the Company's websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The applicable GTC shall be those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC are available on the Company's website at the following address: http://www.hartolia-miniatures.fr. The Company also ensures that their acceptance is clear and without reserve by putting in place a checkbox and a validation click. The Client declares that he has read all of these General Terms and Conditions of Sale, and, if applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs. The Customer declares that he/she is legally able to contract under French law or that he/she can validly represent the individual or legal entity for which he/she is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices
The prices of the products sold through the Websites are precisely determined on the pages describing the Products. Hartolia miniatures is not subject to VAT, so it does not appear anywhere. On the site, prices are also indicated in euros on the order page of the products, and excluding specific shipping costs. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not under the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer's responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company's websites shall be borne by the Customer. If necessary, the delivery costs are also charged.
Article 4: Conclusion of the online contract
The Customer shall follow a series of steps specific to each Product offered by the Seller in order to complete the order. However, the steps described below are systematic: - Information on the essential characteristics of the Product; - Choice of the Product, if necessary of its options and indication of the essential data of the Customer (identification, address...); - Acceptance of the present General Conditions of Sale. - Verification of the elements of the order and, if necessary, correction of errors. - Follow-up of the payment instructions and payment of the products. - Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. For delivered products, this delivery will be made to the address indicated by the Customer. For the purpose of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer agrees to provide true identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The Customer certifies that he has received a detailed description of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer's order within the limits of available stocks of Products only. In the event of failure to do so, the Vendor shall inform the Customer. This contractual information is presented in detail and in the French language. In accordance with French law, it is summarized and confirmed during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services. Except under special conditions, the rights granted hereunder are granted only to the natural person who signs the order (or the person who holds the email address communicated). In accordance with the legal provisions concerning conformity and hidden defects, the Seller shall refund or exchange the defective products or those that do not correspond to the order. The refund can be requested by contacting the Company using the contact form available on the website.
Article 6: Clause of property reserve
The products remain the property of the Company until full payment of the price.
Article 7: Delivery terms
The products are delivered to the delivery address that was indicated at the time of the order and the time indicated. This period does not take into account the preparation time of the order. When the delivery requires an appointment with the Customer, a contact by e-mail or telephone allows to fix the precise date; the place will be by default the premises of the Company. When the Customer orders several products at the same time, they may have different delivery times. The default shipping time is up to 7 days. In case of exceeding this period, the Customer is warned by e-mail: he has the possibility to cancel the contract in the conditions and modalities defined in the Article L 138-2 of the Code of the consumption. The Seller shall then proceed to the reimbursement of the product and of the "outward" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up the order. The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage of the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered.
Article 8: Availability and presentation
The orders will be treated within the limit of our available stocks or subject to the possibility of manufacturing in our premises the articles. In case of unavailability of an article for a period exceeding 7 working days, you will be immediately warned of the foreseeable delays of delivery and the order of this article could be cancelled on simple request. The Customer will then be able to ask for a credit note or a refund for the amount of the article or its reimbursement.
Article 9: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make the payment by credit card, Paypal account, bank transfer or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the rules and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by right and the order cancelled.
Article 10: Retraction period
In accordance with Article L. 121-20 of the French Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, except, where appropriate, the cost of return. "The period mentioned in the previous paragraph runs from the date of receipt for goods or acceptance of the offer for services. The right of withdrawal can be exercised by contacting the Company via the contact form available on the website. We inform Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for manufacture on demand. In case of exercising the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be refunded, the return costs remain at the Customer's expense. In accordance with the legal provisions, you will find below the standard withdrawal form to be sent to the following address HARTOLIA MINIATURES, 16 rue Maria Callas, 37550 SAINT-AVERTIN, France.
Furthermore, by ordering digital files on the site, you undertake, in accordance with the legislative provisions (Article L. 221-28 of the French Consumer Code), to waive your right of withdrawal. By accepting these general conditions, you acknowledge that you accept and explicitly agree to this clause.
Article 11: Guarantees
In accordance with the law, the Vendor assumes two guarantees: of conformity and of hidden defects in the products. The Vendor will refund the buyer or exchange the products which are apparently defective or do not correspond to the order placed. The refund request must be made using the contact form available on the website. The Seller reminds that the consumer: - has a period of 2 years from the delivery of the goods to act with the Seller - can choose between the replacement or repair of the goods subject to the conditions provided by the above provisions. apparently defective or not corresponding - is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. - that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016 - that the consumer may also assert the guarantee against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction of the sale price (provisions of Articles 1644 of the Civil Code).
Article 12: Claims
If necessary, the Buyer can present any complaint by contacting the company either by mail, or by using the contact form on the website, or by telephone with the number appearing on the contact page.
Article 13: Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller or the legal holders. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 14: Force majeure
The execution of the obligations of the seller under the present terms is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 15: Invalidity and modification of the contract
If one of the stipulations of the present contract were to be cancelled, this nullity would not entail 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.
Article 16: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you agree that we collect and use these data for the realization of the present contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do so, you just have to click on the link at the end of our emails or contact the person in charge of processing (the Company) by registered letter. We carry out on the whole of our site a follow-up of the frequentation.
Article 17: Applicable law
All the clauses appearing in the present general conditions of sale, as well as all the operations of purchase and sale which are aimed there, will be subjected to the French law.
Document published with the kind permission of Mr. Devergranne and the site donneespersonnelles.fr.