TERMS AND CONDITIONS OF SALE

 

The company Hindila, SARL with a capital of 10 000 €, whose registered office is at 18 rue Duphot, 75001 Paris- France, defines with these Terms and Conditions of Sale, the terms and conditions of sale of its products, applicable to customer orders made via the site: www.laurence-dacade.com.

Preamble

Hindila manufactures and sells shoes sold throughout the world, under the brand name "Laurence Dacade". The Customer and Hindila agree that their commercial relation will be governed exclusively by these Terms and Conditions of Sale. Hindila reserves the right to modify its Terms and Conditions of Sale at any time by publishing a new version on the site. The Terms and Conditions of Sale applicable to each order are those available on the date of their validation on the Site. This site is built using Squarespace, and uses Squarespace's commerce function to take and process orders. This site's payment processing system is run using Stripe. Squarespace and Stripe may have access to your information as they support this site in its authorized use of your information.

Article 1. - General provisions

These Terms and Conditions of Sale apply to all sales of products, made via the site. They can be consulted on the site at www.laurence-dacade.com.

The seller ensures that their acceptance is clear by setting up a checkbox and a validation click for each transaction. Thus, the customer declares, to have reviewed and have knowledge of these Terms and Conditions of Sale and to accept them without restriction and without reserve.

The customer acknowledges that he/she has had access to the necessary advice and information in order to ensure that the offer matches his/her needs. The customer declares that he/she is able to legally place orders under French law or to represent the legal person for which he/she is undertaking it. In the absence of evidence to the contrary, the information recorded by the seller constitutes proof of all the transactional elements. These Terms and Conditions of Sale apply to orders made for delivery in France or abroad.

Article 2. – Start Date and Duration

These Terms and Conditions of Sale are applicable to the parties on the date of validation of the order. These Terms and Conditions of Sale are applicable for the duration necessary for the fullfilment of the order, until the extinction of the guarantees and obligations due by Hindila.

Article 3. - Order of the Products and Steps to conclude an Online Sale

 In order to make an order, the customer must follow the following steps:

1. Access the Site

2. Follow the instructions of the Site

3. Fill out the order form

4. Check the elements of control and if necessary, identify and correct errors.

5. Read Hindila’s Terms and Conditions of Sale, accept them, then validate the order and the total amount to be paid.

6. Follow the instructions on the online payment server to pay the total amount indicated.

The customer will receive in return a confirmation by e-mail of the payment of the order. Delivery of the ordered products will be done at the address indicated by the customer.

In order to properly execute the order, and in accordance with article 1316-1 of the Civil Code, the customer supplies all elements of authenticity of identity. All orders placed on the site are intended solely for the personal use of the customer. As a result, the customer or the recipient of the products shall refrain from any partial or total resale of the products ordered. During the execution of the aforementioned steps to complete the order, the customer undertakes to respect these Terms and Conditions of Sale. Pursuant to Article L. 122-1 of the Consumer Code, Hindilakeeps the right to refuse the order if it appears abnormal (especially given the quantities ordered), passed in bad faith or for any other reason in particular, and also if there is a dispute with the customer regarding the payment of a previous order.

Article 4. - Prices of Products and Conditions of Validity

The price of the products sold on the Site is indicated respectively by article and by reference, except typographical error. These prices include the VAT applicable on the day of the order but do not include the delivery costs which will be invoiced in addition as specified to the customer when confirming his order. Customs duties or other local taxes or import duties or state taxes may be required in certain cases. These rights and sums are not the seller's responsibility. They will be at the customer's expense and responsibility. The seller invites the customer to inquire about these aspects with the corresponding local authorities.

At the time of validation of the order, the price to be paid corresponds to the total amount of the order. Product offers and their prices are valid as long as they are accessible on the Site within the limit of available stocks.

 As such, indications on the availability of the products can be provided to the customer at the time of placing the order. Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same article by several customers. In the event of an unavailability of an article after validation of the order by the Customer, Hindila will inform the customer by e-mail as soon as possible, proposing either to order in replacement another article presented on the Site , or to cancel the order. If the customer chooses to cancel the order, the refund will be made at the latest within 14 days of the payment if the customer's bank account has been debited.

Hindila reserves the right to change the lists of products and/or prices offered on the Site at any time without prior notice, it being specified that those available at the time of the order will be those accepted by the customer by confirming the latter. The customer is duly informed that the illustrations, the photographs and the description of the products are only indicative and do not enter the contractual field. Hindila can not be held liable for any error or inaccuracy.

Article 5. - Conditions of Payment

The payment is due immediately at the time of the order. The customer will make his payment by credit card. Payment of the amount of the order will be made exclusively through one of the following means of payment: Visa or Mastercard. Payments by check and bank transfer are not accepted.

Once payment is made by the customer, the transaction is immediately debited after verification of this information. In accordance with article L.132-2 of the Monetary and Financial Code, the commitment to pay by card is irrevocable as soon as it is activated.

By communicating the information relating to his/her credit card, the customer authorizes Hindila to debit his credit card from the total amount of the order. The customer confirms that he is the holder of the credit card to be debited and that the name on the card is actually his. The customer shall communicate the sixteen digits and the expiry date of his credit card and, if necessary, the numbers of the visual cryptogram. If the debit could not be confirmed, the online sale would be immediately canceled and the order would be canceled. The occurrence of an unpaid amount due to a fraudulent use of a bank card will entail the registration of the details associated with this delinquency with an incident payment file implemented by a third party organization.

Article 6. - Delivery of the Order

The products are delivered to the delivery address that was indicated at the time of the order. The customer is solely responsible for a lack of delivery due to a lack or a geographical indication error. The amount of shipping costs depends on the amount and nature of the order. In any case, the amount of these costs is indicated to the customer before the validation of the order.

The delivery method is specified to the customer throughout the process of validation and payment of the order. The delivery time will depend on the final delivery method. The delivery times run from the date of confirmation of the order by Hindila according to the average delays of preparation and routing of the order. Delivery times are provided for information purposes only and are deemed to have been complied with by Hindila when the first presentation of the order to the address indicated by the customer has taken place within the deadlines indicated to the latter.

In the event of delayed delivery, the customer has the possibility to terminate the contract according to the terms defined in article L138-2 of the Consumer Code. The seller then proceeds to the refund of the product under the conditions of the article L138-3 of the code of the consumption. The seller makes available a contact address which is specified in the mail of confirmation of order which makes it possible to ensure its follow-up. The seller recalls that when the customer physically takes possession of his order, the risk of loss or damage of the products is transferred to him. It is therefore up to the customer to notify the carrier of any reserve on the delivered product. The customer is obliged to check the condition of the packaging as well as the items on delivery. It is the customer’s responsibility to issue any reservations and claims he deems necessary or even to refuse the package, in particular when the package is clearly damaged, before opening it. The said reservations and detailed complaints must be indicated to the deliverer and also sent to the carrier by registered letter with acknowledgment of receipt within three working days, excluding public holidays, following the date of the delivery of the products. The customer must also send a copy of this letter to Hindila. Failure to file a complaint within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the Commercial Code. If the package is in good condition but the product is damaged at the time of opening, it is the customer's responsibility to return it to Hindila under the conditions detailed below for expertise.

The customer must ensure that the products delivered to him correspond to the order. In case of non-conformity of the products to the specifications mentioned in the packing slip, the customer must return the products, complete and in their original packaging, to the following address:

Hindila / Laurence Dacade Return -18 rue Duphot - 75001 Paris, France

within fourteen (14) calendar days from the date of receipt of the order by the customer. It will be the customer's responsibility to provide proof of this return, which presupposes that the items must be returned by Chronopost, or by any other means, costs and risks of return remaining at the charge of the customer.

Article 7. Return policy

In accordance with Article L.121-20 of the Consumer Code, "the consumer shall have fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception of the costs of return". The period referred to in the previous paragraph shall run from the date of receipt for the goods. The right of withdrawal can be exercised by contacting the seller by email at customer@laurence-dacade.com. If the right of withdrawal is exercised within the aforementioned period, only the price of the product (s) purchased will be subject to reimbursement, the return costs will remain the responsibility of the customer. The returns of the products are to be made in their original condition and complete (with packaging, labels ...) so that they can be resold as new. They should, if possible, be accompanied by a copy of the purchase receipt and should be sent to:

Hindila / Laurence Dacade Return -18 rue Duphot – 75 001 Paris, France

Article 8. - Complaints -

If necessary, the customer can present any complaint by contacting the company by the following coordinates: by email to customer@laurence-dacade.com or by post:

Hindila - 18 rue Duphot – 75 001 Paris, France

Article 9. - Guarantees

According to the law, the seller assumes a guarantee of conformity as well as a guarantee concerning the hidden defects of its products. The seller reimburses the customer for products which are apparently defective or do not correspond to the order made. The request for reimbursement must be made by email to: customer@laurence-dacade.com. Items returned incomplete, damaged, deteriorated or dirty by the customer will not be exchangeable and will be returned to her/him immediately.

Article 10. - Force Majeure

The performance by Hindila of its obligations under these Terms and Conditions of Sale shall be suspended in the event of a fortuitous event or force majeure which would hamper or delay its execution.

Article 11. - Applicable law

These Terms and Conditions of Sale are governed by French law. Any dispute arising out of the formation, interpretation or execution of these Terms and Conditions of Sale shall be the exclusive jurisdiction of the French courts, notwithstanding the plurality of defenders or third parties. Thus, the customer declares, to have accepted these Terms and Conditions of Sale without restriction and without reserve.