General Terms and Conditions of Sale
The Seller
Hartolia Miniatures
7 rue Pablo Picasso
93400 SAINT OUEN, France
RCS: Registered under number 982 896 433
Represented by: Mr. Adrien VIALLEFONT, Manager
Contact: Via the online contact form on the homepage.
The Buyer / Customer
Any individual or legal entity purchasing products or services from the Company through its official website.
Hereinafter referred to as the "Customer" or "Buyer".
Preamble
The Seller is a publisher and retailer of scale models, miniatures, and scenery intended for consumers, marketed through its official website (http://www.hartolia-miniatures.fr). The complete catalog and description of items offered by the Company can be consulted on the above-mentioned website.
Article 1: Purpose
The present General Terms and Conditions of Sale (GTCS) determine the legal rights and obligations of the parties in the context of online sales of Products and digital files offered by the Seller.
Article 2: General Provisions
These General Terms and Conditions of Sale (GTCS) apply to all purchases of Products made through the Company's website and form 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 GTCS are those in force on the date of payment of the order.
The Company ensures clear and unreserved acceptance of these GTCS through a mandatory confirmation checkbox and validation click during checkout. The Customer declares having read all of these General Terms and Conditions of Sale, and where applicable, any Special Conditions of Sale related to specific products or services, accepting them without restriction or reservation.
The Customer acknowledges having received the necessary advice and information to ensure that the offer meets their specific needs. The Customer declares being legally capable of entering into a contract under French law or validly representing the natural or legal entity for which they contract. Unless proven otherwise, data recorded by the Company constitutes proof of all transactions.
Article 3: Prices & Taxes
Prices displayed on product description pages on the website are stated in Euros (€) excluding Value Added Tax (VAT / Tax Excl.). The applicable rate of VAT is dynamically calculated and added to the order total in the shopping cart during checkout, based on the country of residence / delivery address specified by the Customer.
Prices indicated do not include shipping fees, which are charged separately as detailed prior to order confirmation. Customs duties, local taxes, import duties, or clearance fees may be applicable for deliveries outside the European Union. These duties and sums are not under the responsibility or control of the Seller; they shall be borne entirely by the Buyer (including all mandatory declarations and payments to local competent authorities). The Seller advises international buyers to inquire about these regulations with their local authorities.
The Company reserves the right to modify its prices at any time for future orders. Telecommunication costs required to access the Company's website remain the responsibility of the Customer.
Article 4: Conclusion of the Online Contract
To complete an order, the Customer must follow a series of standard online steps:
- Reviewing essential characteristics of the Product;
- Selecting the Product, options (if applicable), and entering essential Customer information (identification, shipping address, etc.);
- Accepting these General Terms and Conditions of Sale;
- Verifying order details and correcting any input errors;
- Following payment instructions and validating the transaction;
- Product delivery or download access.
The Customer receives immediate e-mail confirmation of payment and order acknowledgement. For physical items, delivery is made to the shipping address provided by the Customer. Pursuant to Article 1366 of the French Civil Code, the Customer agrees to provide truthful identification details. The Seller reserves the right to refuse or cancel any order for legitimate reasons, such as abnormal requests or bad faith.
Article 5: Products and Services
Essential product specifications and pricing are made available on the website. The Customer certifies having received detailed information regarding delivery costs and payment/execution terms. The Seller undertakes to fulfill orders within the limits of available stock or production capacity.
Contractual details are presented in French and English. Product photographs and visual illustrations are provided for illustrative purposes only and do not hold contractual value. Product offers and prices remain valid for as long as they are displayed on the website.
Rights granted hereunder apply strictly to the natural or legal person placing the order. In accordance with legal provisions regarding conformity and hidden defects, defective or non-compliant items will be refunded or exchanged upon request via the website contact form.
Article 6: Retention of Title
All delivered goods remain the property of the Company until full payment of the purchase price has been received.
Article 7: Delivery Terms
Products are delivered to the address indicated during the order process within the timeframe specified. Standard order processing and dispatch delay is up to 7 business days. In case of dispatch delay, the Customer will be informed by email and retains the option to cancel the contract pursuant to Articles L. 216-1 and following of the French Consumer Code. In such cases, full reimbursement of the product price and original shipping costs will be processed.
Risk of loss or damage transfers to the Customer as soon as they (or a designated third party) take physical possession of the items. It is the Customer's responsibility to inspect delivered parcels and raise reservations with the carrier if necessary.
Article 8: Availability
Orders are processed subject to available stock or local manufacturing capacity. Should an item become unavailable for more than 7 working days, the Customer will be notified of expected delays and may request order cancellation, store credit, or a full refund.
Article 9: Payment
Payment is due immediately upon ordering, including pre-ordered items. Payment can be made by Credit/Debit Card (Visa, Mastercard), PayPal, bank transfer, or check. Online payments are secured via encrypted payment protocols. Once initiated, payment is immediately debited. In accordance with French Monetary and Financial Code, card payment commitments are irrevocable. If payment authorization is denied, the sale is automatically cancelled.
Article 10: Right of Withdrawal
In accordance with Article L. 221-18 of the French Consumer Code, consumer buyers have a period of fourteen (14) calendar days from receipt of physical goods to exercise their right of withdrawal without giving reasons or paying penalties, except for return shipping costs.
In accordance with Article L. 221-28 (13°) of the French Consumer Code, the right of withdrawal cannot be exercised for digital content delivered electronically (e.g., downloadable 3D printable STL files) once performance has begun with the consumer's prior express consent and acknowledgment that they thereby lose their right of withdrawal.
To exercise withdrawal for eligible physical items, contact the Company via the online form or send the form below to:
Standard Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
To: HARTOLIA MINIATURES, 7 rue Pablo Picasso, 93400 SAINT OUEN, France
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods:
- Ordered on / Received on: ________________________
- Customer Name: ________________________________
- Customer Address: ______________________________
- Signature & Date: ______________________________
Article 11: Legal Guarantees
The Seller provides the legal guarantee of conformity (Articles L. 217-3 et seq. of the Consumer Code) and guarantee against hidden defects (Articles 1641 et seq. of the Civil Code):
- Guarantee of Conformity: The buyer has a period of 2 years from delivery to act. They may choose between repair or replacement, subject to cost conditions set by law. Consumers are exempt from proving defects during the 24 months following delivery.
- Hidden Defects: The customer may enforce the guarantee against hidden defects under Article 1641 of the Civil Code and choose between contract cancellation or price reduction.
Article 12: Claims & Customer Service
Any claims or inquiries can be addressed to the Company via mail at the official address (7 rue Pablo Picasso, 93400 SAINT OUEN, France) or via the contact form on the website.
Article 13: Intellectual Property Rights
Trademarks, domain names, products, 3D models, digital files, software, images, videos, and texts displayed on the website are and remain the exclusive intellectual property of Hartolia Miniatures. No transfer of intellectual property rights is effected through these GTCS. Any total or partial reproduction, modification, distribution, or commercial use without prior written authorization is strictly prohibited.
Article 14: Force Majeure
The execution of the Seller's obligations shall be suspended in the event of a fortuitous event or force majeure as defined by French law that prevents performance. The Seller will notify the Customer of such event as soon as reasonably possible.
Article 15: Severability & Contract Modifications
If any provision of this contract is held invalid or unenforceable, remaining provisions shall remain in full force and effect. Any contractual modifications require prior written agreement.
Article 16: Data Protection & Privacy
In accordance with the European General Data Protection Regulation (GDPR - Regulation EU 2016/679) and the amended French Data Protection Act (Loi Informatique et Libertés), Customers possess rights of access, rectification, erasure, restriction, and portability regarding their personal data. Personal data collected is necessary for order fulfillment and customer relationship management. Customers may unsubscribe from marketing emails at any time using the link provided at the bottom of newsletters or by contacting the data controller.
Article 17: Applicable Law & Jurisdiction
All clauses contained in these General Terms and Conditions of Sale and all purchase/sale operations referred to herein are governed by French law. In the event of a dispute, amicable solutions will be sought prior to any legal proceedings.