GTC
1 SELLER'S DESIGNATION
This site: https://haomahsports.com/(hereinafter the "Site") is published by Haomah, a simplified joint stock company (SAS) with capital of €100.00,00, registered with the MONTPELLIER trade and companies register under number 949 507 537 R.C.S., and whose registered office is located, France, intra-community VAT n°FR59949507537(hereinafter "HAOMAH").
2 PURPOSE - DEFINITIONS
These general conditions of sale (hereinafter the "GCS") apply exclusively to the online sale of products designed and marketed by HAOMAH on the Site (hereinafter the "Product(s)"). The term "Customer" refers to any individual or legal entity having the status of consumer as defined by the French Consumer Code. The term "Order" refers to any order placed online by a Customer via the Site and which is firm and definitive once the corresponding price has been paid. "Withdrawal Form" has the meaning defined in article 15.1 below. The term "Third Party" refers to any individual or legal entity other than the Customer or HAOMAH. In the event of contradiction between the stipulations of the GCS and the Order, the latter shall prevail.
3 SCOPE OF APPLICATION - CONTRACTUAL DOCUMENTS
These GCS govern exclusively the contractual conditions applicable to any Order issued by a Customer, which together with the Order constitute the "Contract" enforceable against HAOMAH and the Customer; all other documents, brochures, catalogs or photographs of the Products appearing on the Site are for information purposes only. In the event of contradiction between the stipulations of the GCS and the Order, the latter shall prevail. The GCS apply exclusively to Products delivered to Customers established in France and/or in a member state of the European Union. The GCS, as well as all contractual information mentioned on the Site, are written in French.
4 AVAILABILITY - ENFORCEABILITY - PRE-CONTRACTUAL INFORMATION
The General Terms and Conditions are available to the customer on the Site's home page, where they can be consulted directly, and can be sent to the customer on request by e-mail.
The applicable GCS are those expressly accepted by the Customer at the time of Ordering on the Site by ticking the appropriate box.
The Customer acknowledges that, prior to placing an Order and entering into a Contract, he/she has been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code.
5 TERMS AND CONDITIONS
The nullity of a contractual clause does not entail the nullity of the GCS. The temporary or permanent non-application of one or more clauses of the GCS by HAOMAH shall not constitute a waiver of the other clauses of the GCS, which shall continue to have effect.
6 PRODUCTS
The Products offered for sale by HAOMAH are presented online on the Site. The essential characteristics and price of each Product are presented in the "Shop" section of the Site. Products offered for sale on the Site are delivered while stocks last. In the event of unavailability of the Product ordered, HAOMAH will immediately inform the Customer and may offer a product of equivalent quality and price or, failing this, a voucher for the amount of the Order to be used for any future order. If the Customer does not agree, 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 indemnity, unless it is personally responsible for the non-performance of the Contract.
7 PRICE
The sale prices of the Products listed on the Site are indicated in euros, inclusive of all taxes, and exclude delivery costs, which are mentioned before the Order is validated and invoiced in addition. The total amount due by the Customer is indicated on the Order confirmation page. The sale price of the Product is that in force on the Site on the day of the Order. Any additional delivery charges, of which the Customer may have become aware prior to confirmation of the Order, are applied to the Order and are payable 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 force on the day of the Order on the Site.
8 ORDER
Offers for the online sale of 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. In the absence of any indication of a specific duration, offers for the online sale of Products presented on the Site are valid for as long as the Products appear on the Site and within the limit of available stocks. Acceptance of the offer by the Customer is validated, in accordance with the double-click procedure, by confirmation of the Order.
To place an Order, once the Customer has made his/her choice, he/she fills his/her virtual shopping basket with the Products selected and the quantities required, then clicks on the "ORDER WITH PAYMENT OBLIGATION" button, and provides the delivery and payment details. Before proceeding to payment, the Customer has the opportunity to check the details of his order and correct any errors or modify his order. An e-mail acknowledging receipt of the Order and payment will be sent by HAOMAH as soon as possible. Any modification of the order by the Customer after confirmation of the 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
Communications, Orders and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the French 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 definitive.
Order payment is made via the payment systems made available by Haomah: the general terms and conditions of Paypal and Shopify apply to the use of these payment systems.
11 DELIVERY - UNAVAILABILITY
Products are delivered to the address indicated by the Customer on the Order.
The amount of the delivery charges is defined at the time of the Order according to the delivery method chosen by the Customer and the delivery address indicated by the Customer. Delivery charges are the sole responsibility of the Customer, who pays them at the time the Order is placed. For deliveries outside France, any customs duties and other taxes are paid directly by the Customer.
HAOMAH undertakes to deliver the products within a maximum of fifteen (15) days after the Order has been finalized.
It is the Customer's responsibility to follow the shipment of his parcel and to collect it within the announced time limit. Any non-receipt of the parcel by the Customer will remain the sole responsibility of the Customer. Consequently, if the Customer wishes to request a new shipment of his parcel, 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 express reservations on the delivery note or the transport receipt, and if necessary to refuse the Product and inform HAOMAH.
In the event of late or non-delivery of the Product when the carrier has already taken charge of the parcel, the Customer may address a request to the customer service department of the carrier chosen at the time of placing the Order. In the event of a delay caused by HAOMAH, the latter will inform the Customer by e-mail that delivery will be delayed. The Customer may, however, request a refund of the price of the Product concerned by sending HAOMAH a notice of cancellation of the Order by e-mail. The Product will be reimbursed within a maximum of fourteen (14) days following payment of the Order. This includes reimbursement by HAOMAH of the Customer's shipping costs.
In the event of unavailability of Products on delivery, HAOMAH may offer an equivalent product in terms of quality and price.
For any technical or commercial assistance related to an Order for a Product, the Customer may contact HAOMAH in accordance with the terms and conditions set out in article 17 below.
12 LEGAL WARRANTY OF CONFORMITY AND WARRANTY AGAINST HIDDEN DEFECTS
HAOMAH is liable for defects in conformity of the Product with the Contract under the conditions of Articles L. 217-4 et seq. of the French Consumer Code, and for hidden defects in the Product sold under the conditions of Articles 1641 and 1648 of the French Civil Code, reproduced below.
12.1 Warranty of conformity
Article L. 217-4 of the French Consumer Code :
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility".
Article L. 217-5 of the French Consumer Code :
"To conform to the contract, the good must :
1/ Be fit for the use ordinarily expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
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 accepted by the latter."
Article L. 217-12 of the French Consumer Code :
"Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
It is reminded that within the framework of the guarantee of conformity of the Product, the Customer : - Has a period of two (2) years from delivery of the Product to act against HAOMAH; - May choose between repair or replacement of the Product, subject to the conditions set forth in Article L. 217-9 of the French Consumer Code; - Is exempt from proving the existence of the Product's lack of conformity during this period. |
12.2 Warranty for hidden defects
Article 1641 of the French Civil Code:
"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the Civil Code :
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
The customer may decide to invoke the warranty against hidden defects in the Product sold, as defined in article 1641 of the French Civil Code. In this case, the Customer may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.
12.3 Conditions
In order to assert its rights, the Customer must inform HAOMAH, in writing, of the non-conformity of the Product within the above-mentioned deadlines and return the defective Product in the condition in which it was received with all 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 e-mail or post at the addresses indicated in article 17 below. The reimbursement of the Product judged to be non-conforming or defective will be made as soon as possible and at the latest within fourteen (14) days of the return of the Product. The refund will be made by crediting the Customer's bank account. HAOMAH cannot be held responsible in the following cases:
- Non-compliance with the legislation of the country to 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 well 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 case, limited to the replacement or reimbursement of the Product that does not conform or is affected by a defect.
13 AFTER-SALES SERVICE - COMPLAINTS
Warranty claims must be addressed by the Customer to the e-mail address, telephone number or letter specified in article 17 below.
Any Product covered by the warranties 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 the return postage costs no later than thirty (30) days following receipt of the Product by HAOMAH.
14 LIABILITY - INSURANCE
HAOMAH may not be held liable in the event of non-performance or poor performance of the Contract due either to the fault of the Customer, or to the insurmountable and unforeseeable fault of a Third Party to the Contract, or to a case of force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French 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 GTC.
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 in which to withdraw from the contract. This withdrawal period expires fourteen (14) days from the day following receipt of the Product, without the Customer having to give any reason or pay any penalty. If the period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
We will bear the direct cost of returning the goods. The return of the product is the responsibility of the customer.
15.1 Terms and conditions of exercise
In order to exercise 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 GCS (hereinafter the "Withdrawal Form");
Address:
HAOMAH - Or, by returning by any other means his decision to withdraw to HAOMAH, unambiguous through the contact form available on the Site
In order for the fourteen (14) day cooling-off period to be respected, the Customer must transmit his communication concerning the exercise of his rights before the expiry of this period. In all cases, the burden of proof for exercising these rights rests with the Customer.
Exception to the right of withdrawal
The right of withdrawal does not apply to 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 delivery, are by their nature inseparably mixed with other items;
15.2 Effects
Upon receipt of the Customer's request for retraction, 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 proposed 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 retract.
The Customer must return the Product to the address indicated on the form sent to him, without undue delay, and in any event no later than fourteen (14) days after the Customer has informed HAOMAH of his decision to withdraw from the Contract. This period is deemed to have been respected if the Customer returns the Product before the fourteen (14) day period has expired.
HAOMAH may defer reimbursement until receipt of the Product(s) ordered, or until the Customer has provided proof of shipment of the Product(s), whichever comes first.
16 INTELLECTUAL PROPERTY
The intellectual property rights relating to the Product(s) designed and marketed by HAOMAH belong entirely to it. HAOMAH declares that, to the best of its knowledge, the Products do not infringe the rights of Third Parties. HAOMAH therefore guarantees the peaceful enjoyment of the Products to the Customer, whether caused by HAOMAH or by Third Parties. Consequently, HAOMAH will be personally responsible for any claim of infringement or unfair competition made by a Third Party against the Customer in respect of a Product, provided that :
- The Customer must inform HAOMAH within eight (8) days of receipt of this complaint;
- The Customer has used the Product in accordance with these GCS;
- The Customer entrusts HAOMAH exclusively with the management of this dispute;
- The Customer shall provide HAOMAH with reasonable assistance at its own expense in settling any such dispute.
Accordingly, HAOMAH agrees exclusively to the following in this respect:
- Payment of all defense costs, fees and expenses;
- The assumption of all damages and interest to which the Customer may be condemned in the final instance;
- It retains all damages that the Customer may obtain from a final court decision;
- replacing or modifying the infringing parts of the Product at no cost to the Customer; or obtaining 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
Under article L. 612-1 of the French Consumer Code, "All consumers have the right to have recourse, free of charge, to a consumer mediator with a view to amicably resolving a dispute with a professional". Disputes falling within the scope of article L. 612-1 of the French Consumer Code are those defined in article L. 611-1 of the French Consumer Code, i.e. disputes of a contractual nature, relating in particular to the performance of this Contract.
For any difficulty, the Customer must first contact HAOMAH's customer service, from Monday to Friday, except public holidays, from 10am to 6pm at the following telephone number or e-mail address:
After-sales service:Email address: [email protected]
In the event of failure to submit a claim to the customer service department or in the absence of a response from this department within two (2) months, the Customer may submit the dispute relating to the Order or these GTC opposing him to HAOMAH to the following mediator: https://www.mediateurfevad.fr/index.php/espace-entreprise/#toggle-id-1 who will attempt, independently and impartially, to bring the parties together with a view to finding an amicable solution. To submit a request for mediation, the Customer may use 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 amicable agreement, any Customer may refer to the courts any dispute relating to the existence, interpretation, conclusion, performance or termination of the Contract, as well as any documents connected with the Contract. The competent court will be that of the defendant's domicile (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 arising out of or in connection with the performance or interpretation of this Agreement shall be governed by French law.
19 PERSONAL DATA
HAOMAH's privacy policy 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 following goods (1)/services (1):
Ordered on (1)/received on (1):
Name of customer(s):
Address of customer(s):
e-mail address of customer(s) :
Signature of customer(s) (only in the case of notification of this form on paper):
Date:
(1) Delete as appropriate.