General Terms and Conditions

1 DESIGNATION OF THE SELLER

This site: https://haomahsports.com/ (hereinafter the “Site”) is published by the company Haomah, a simplified joint-stock company (SAS) with capital of €100,000.00, registered in the MONTPELLIER trade and companies register under number 949 507 537 RCS, and whose head office is located in France, intra-community VAT no. FR59949507537 (hereinafter “HAOMAH”).

2 PURPOSE – DEFINITIONS

These general terms and conditions of sale (hereinafter the “GTC”) are applicable exclusively to the online sale of products designed and marketed by HAOMAH on the Site (hereinafter the “Product(s)”). The term “Customer” means any natural or legal person having the status of consumer within the meaning of the French Consumer Code. The term “Order” means any order placed online by a Customer via the Site and having a firm and definitive character once the payment of the corresponding price has been made. “Withdrawal Form” has the meaning defined in article 15.1 below. The term “Third Party” means any other person, natural or legal, other than the Customer or HAOMAH. In the event of a contradiction between the provisions of the GTC and the Order, the latter shall prevail.

3 SCOPES OF APPLICATION – CONTRACTUAL DOCUMENTS

These General Terms and Conditions exclusively govern the contractual conditions applicable to any Order issued by a Customer, which together with the Order constitute "the Contract" binding on HAOMAH and the Customer; all other documents, prospectuses, catalogs or photographs of the Products appearing on the Site are for informational purposes only. In the event of a contradiction between the provisions of the General Terms and Conditions and the Order, the latter shall prevail. The General Terms and Conditions are exclusively applicable to Products delivered to Customers established in France and/or in a member country of the European Union. The General Terms and Conditions are written, as is all contractual information mentioned on the Site, in French.

4 AVAILABILITY – OPPOSABILITY – PRE-CONTRACTUAL INFORMATION

The General Terms and Conditions are made available to the Client on the home page of the Site where they can be consulted directly, and can be communicated to him upon simple request by email.

The applicable T&Cs are those expressly accepted by the Customer at the time of the Order on the Site by checking the box provided for this purpose.

The Customer acknowledges having received, prior to placing his Order and concluding the Contract, in a legible and comprehensible manner, these General Terms and Conditions of Sale and all the information listed in Article L. 221-5 of the Consumer Code.

5 CLAUSES OF THE GENERAL TERMS AND CONDITIONS

The invalidity of a contractual clause does not entail the invalidity of the General Terms and Conditions. The temporary or permanent non-application of one or more clauses of the General Terms and Conditions by HAOMAH cannot constitute a waiver on its part of the other clauses of the General Terms and Conditions, which continue to produce their effects.

6 PRODUCTS

The Products offered for sale by HAOMAH are presented online on the Site. The essential characteristics and the price of each Product are presented in the "Shop" section of the Site. The Products offered for sale on the Site are delivered within the limits of available stocks. In the event of unavailability of the Product ordered, HAOMAH will immediately inform the Customer and may offer them a product of equivalent quality and price or, failing that, a voucher for the amount of the Order that can be used for any future order. In the event of disagreement by the Customer, HAOMAH will reimburse the sums paid within seven (7) days. Apart from the reimbursement of the price of the unavailable Product, HAOMAH is not liable for any cancellation compensation, unless the non-performance of the Contract is personally attributable to it.

7 PRIZES

The sales prices of the Products appearing on the Site are indicated in euros, all taxes included, excluding delivery costs mentioned before validation of the Order, and invoiced in addition. The total amount due by the Customer is indicated on the Order confirmation page. The sales price of the Product is that in effect on the Site on the day of the Order. The additional delivery costs, which the Customer may have been aware of before validating their Order, are applied to the Order and due in full by the Customer. HAOMAH reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in effect on the day of the Order on the Site.

8 ORDER

The online sales offers for Products presented on the Site are reserved for Customers residing in France and/or in a member country of the European Union and for deliveries in these same geographical areas. The online sales offers for Products presented on the Site are valid, unless a specific duration is indicated, as long as the Products appear on the Site and within the limits of available stocks. Acceptance of the offer by the Customer is validated, in accordance with the double-click process, by confirmation of the Order.

To place an Order, once the Customer has made his choice, after filling his virtual basket by indicating the selected Products and the desired quantities, then clicks on the button "ORDER WITH OBLIGATION OF PAYMENT", and provides the information relating to delivery and payment method. Before proceeding with payment, the Customer has the possibility to check the details of his order and to correct any errors or possibly modify his order. An email acknowledging receipt of the Order and its payment is sent by HAOMAH as soon as possible. Any modification of the order by the Customer after confirmation of his Order is subject to prior acceptance by HAOMAH. HAOMAH reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high.

9 PROOF

The archiving of communications, Orders and invoices issued is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These communications, Orders and invoices may be produced as proof of the Contract thus concluded between HAOMAH and the Customer.

10 PAYMENT

The price is payable in full in order to make the Order final.

Payment for the Order is made via the payment systems made available by Haomah: the general conditions of Paypal and Shopify apply to the use of the payment systems.

11 DELIVERY – UNAVAILABILITY

The Products are delivered to the address indicated by the Customer on the Order.

The amount of the delivery costs is defined at the time of the Order according to the delivery method chosen by the Customer and the delivery address indicated. The costs relating to the delivery of the Product are the exclusive responsibility of the Customer who pays them at the time of the Order. For any delivery outside France, any customs duties and other possible taxes are paid directly by the Customer.

HAOMAH undertakes to deliver the products within a maximum of fifteen (15) days after finalization of the Order.

The Customer is required to track the shipment of their package and collect it within the announced timeframe. Any non-receipt of the package by the Customer due to their own actions will remain their sole responsibility. Consequently, if the Customer wishes to request a new shipment of their package, HAOMAH reserves the right to charge the Customer additional shipping costs for this new shipment. When the Product is delivered to the address indicated on the Order by a carrier, it is the Customer's responsibility to check the condition of the delivered Product in the presence of the delivery person, and, in the event of damage or missing items, to make reservations on the delivery slip or on the transport receipt, and possibly to refuse the Product and notify HAOMAH.

In the event of a delay or non-delivery of the Product when the carrier has already taken charge of the package, the Customer may send a request to the customer service of the carrier that was chosen when placing the Order. In the event of a delay due to HAOMAH, the latter will inform the Customer by email that delivery will be delayed. The Customer may, however, request a refund of the price of the Product concerned by sending HAOMAH an email notice of cancellation of the Order. The refund of the Product will be made within a maximum of fourteen (14) days following payment of the Order. This includes the reimbursement by HAOMAH of the shipping costs by the Customer.

In the event of unavailability of the Products upon delivery, HAOMAH may offer a product equivalent in terms of quality and price.

For any technical and commercial assistance questions relating to an Order for a Product, the Customer may contact HAOMAH in accordance with the terms set out in Article 17 below.

12 LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE AGAINST HIDDEN DEFECTS

HAOMAH is liable for defects in conformity of the Product to the Contract under the conditions of Articles L. 217-4 et seq. of the Consumer Code, and for hidden defects in the Product sold under the conditions provided for in Articles 1641 and 1648 of the Civil Code, reproduced below.

12.1 Guarantee of conformity

Article L. 217-4 of the Consumer Code:

“The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.

Article L. 217-5 of the Consumer Code:

“To comply with the contract, the property must:

1/ Be suitable for the use usually expected of a similar good and, where applicable:

— correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;

— present 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 present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention 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 after two years from the delivery of the goods.”

It is recalled that within the framework of the Product conformity guarantee, the Customer:

– Benefits from a period of two (2) years from delivery of the Product to take action against HAOMAH;

– May choose between repair or replacement of the Product, subject to the conditions provided for in Article L. 217-9 of the Consumer Code;

– Is exempt from providing proof of the existence of the lack of conformity of the Product during this period.

12.2 Guarantee of hidden defects

Article 1641 of the Civil Code:

"The seller is bound by the guarantee for 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 paid a lower price for it, if he had known of them."

Article 1648 paragraph 1 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.”

The Customer may decide to implement the warranty against hidden defects of the Product sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

12.3 Conditions

In order to assert his rights, the Customer must inform HAOMAH, in writing, of the non-conformity of the Product within the time limits referred to above and return the defective Product in the condition in which it was received with all the elements (packaging, instructions, etc.). To benefit from the legal guarantee of conformity or the guarantee of hidden defects, the Customer undertakes to contact HAOMAH by email or mail to the addresses indicated in article 17 below. The refund of the Product deemed non-compliant or defective will be made as soon as possible and at the latest within fourteen (14) days from the return of the Product. The refund will be made by credit to the Customer's bank account. HAOMAH cannot be held liable in the following cases:

  • Failure to comply with the legislation of the country in which the Product is 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 in the event of normal wear and tear of the Product, washing of the Product, accident or force majeure.

HAOMAH's warranty is, in any event, limited to the replacement or reimbursement of the non-compliant or defective Product.

13 AFTER-SALES SERVICE – COMPLAINTS

Claims made under the guarantees must be addressed by the Customer to the email address, telephone number or mail specified in Article 17 below.

Any Product covered by the guarantees must be returned new, unwashed, complete and in its original packaging after receipt and confirmation of the claim by the after-sales service.

The Customer will be reimbursed for return postage costs no later than thirty (30) days following receipt of the Product by HAOMAH.

14 LIABILITY – INSURANCE

HAOMAH cannot be held liable in the event of non-performance or poor performance of the Contract due either to the Client's actions, or to the insurmountable and unforeseeable actions of a Third Party to the Contract, or to a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code and the case law of the French courts. The Parties expressly acknowledge that the COVID-19 epidemic and its consequences are recognized as constituting a case of force majeure. HAOMAH declares that it is covered by civil liability insurance for the activities covered by these General Terms and Conditions.

15 RIGHT OF WITHDRAWAL

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, all Customers have a period of fourteen (14) clear days to withdraw. This withdrawal period expires fourteen (14) days from the day after receipt of the Product without having to provide reasons or pay penalties. If the period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.

We cover the direct costs of returning the goods. Returning the product is the customer's responsibility.

15.1 Terms of exercise

For the purpose of exercising the right of withdrawal, the Customer may notify HAOMAH:

  • Preferably, by returning your decision to withdraw to HAOMAH using the online contact form available on the Site;
  • Or, by returning to the postal address indicated, the signed and completed withdrawal form available in Appendix 1 of these General Terms and Conditions (hereinafter the “Withdrawal Form”);
     Address :
     HAOMAH
  • Or, by returning by any other means his decision to withdraw to HAOMAH, unambiguously via the contact form available on the Site

In order to comply with the fourteen (14) day withdrawal period, the Customer must send their communication regarding the exercise of their rights before the expiry of this period. In all cases, the burden of proof of this exercise rests with the latter.

Exception to the right of withdrawal

The exercise of the right of withdrawal is excluded for the following contracts:

– contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

– contracts for the supply of goods which, after being delivered, and by their nature, are inseparably mixed with other items;

15.2 Effects

Upon receipt of the Customer's request for withdrawal, HAOMAH will reimburse all sums paid by the Customer, with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the least expensive standard delivery method offered by HAOMAH, using the same means of reimbursement as that used for the initial transaction, no later than fourteen (14) days from the day on which HAOMAH is informed of the Customer's decision to withdraw.

The Customer must return the Product to the address indicated on the slip that will be sent to him, without undue delay, and, in any event, no later than fourteen (14) days after the Customer has communicated to HAOMAH his decision to withdraw from the Contract. This deadline is deemed to have been respected if the Customer returns the Product before the expiry of the fourteen (14) day period.

HAOMAH may defer reimbursement until receipt of the Product(s) subject to the order, or until the Customer has provided proof of shipment of the Product(s), the date retained being that of the first of these facts.

16 INTELLECTUAL PROPERTY

The intellectual property rights relating to the Product(s) designed and marketed by HAOMAH belong to it in full. HAOMAH declares that, to its knowledge, the Products do not infringe the rights of Third Parties. It therefore guarantees the peaceful enjoyment of the Products to the Customer, both by its own actions and those of Third Parties. Therefore, HAOMAH will personally handle any claim for infringement or unfair competition made by a Third Party against the Customer in respect of a Product, provided that:

  • The Client has informed HAOMAH within eight (8) days of receipt of this claim;
  • The Customer has used the Product in accordance with these General Terms and Conditions;
  • The Client entrusts HAOMAH exclusively with the management of this dispute;
  • The Client shall provide HAOMAH with reasonable assistance at its own expense in the settlement of this dispute.

Consequently, HAOMAH undertakes exclusively to the following in this regard:

  • Coverage of all defense costs, fees and expenses;
  • Coverage of all damages to which the Client may be ultimately ordered;
  • He retained all damages that the Client could obtain from a final court decision;
  • To replace or modify, at no cost to the Customer, the infringing elements of the Product; or to obtain from the Third Party the right for the Customer to continue using the Product at no additional cost to the Customer.

17 AMICABLE SETTLEMENT OF DISPUTES

Pursuant to Article L. 612-1 of the Consumer Code, “Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between them and a professional.” Disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating in particular to the execution of this Contract.

For any difficulty, the Customer must contact HAOMAH customer service as a priority, from Monday to Friday except public holidays or days off, from 10 a.m. to 6 p.m. at the following telephone number or email address:

After-sales service: Email address: hello@haomahsports.com

In the event of failure of the complaint request to customer service or in the absence of a response from this service within two (2) months, the Customer may submit the dispute relating to the Order or these General Terms and Conditions opposing him to HAOMAH to the following mediator: https://www.mediateurfevad.fr/index.php/espace-entreprise/#toggle-id-1 who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. To submit his request for mediation, the Customer has a complaint form accessible on the Site via the contact form. The Parties to the Contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

In the absence of an amicable agreement, any Customer may refer any dispute relating to the existence, interpretation, conclusion, execution or termination of the Contract and all documents related to this Contract to the court. The competent court will be that of the place of domicile of the defendant (Article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the Product (Article 46 of the Code of Civil Procedure).

18 APPLICABLE LAW

Any dispute relating to the execution and interpretation of this Contract is subject to French law.

19 PERSONAL DATA

The privacy policy implemented by HAOMAH is available here

 

APPENDIX 1: WITHDRAWAL FORM

 

I/We (1) hereby notify you (1) of my/our (1) withdrawal from the contract for the sale of the goods (1) /for the provision of the service (1) below:

Ordered on (1)/received on (1):

Name of client(s):

Customer(s) address(es):

Customer(s) email:

Signature of the client(s) (only if this form is notified on paper):

Date:

(1) Delete as appropriate.