GENERAL TERMS AND CONDITIONS OF SALE MERCHANT SITE - CONSUMERS
1. Preamble
These General Terms and Conditions of Sale ("GTCS") apply exclusively to any order for goods (hereinafter referred to as "the Products") made by any natural person of legal age who is acting for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal activity and who wishes to acquire the Products for his or her personal and non-professional needs (hereinafter referred to as "the Customer") via the website www. pascal-hamour.fr of the company S.D.P.H. Pascal Hamour, a one-man limited liability company with a capital of 20,000 euros, having its registered office at 10 place Vendôme Paris 75001, registered in the Paris Trade and Companies Register under number 513 502 633, with VAT number FR 83513502633 and telephone number 01 69 09 85 79 (hereinafter "SDPH").
Unless otherwise agreed, any order automatically implies acceptance of these terms and conditions by the customer, who acknowledges having read them by placing an order.
2. Order
To be valid, all orders must be placed electronically via the www.pascal-hamour.fr website (hereinafter "the Site").
Orders may only be placed by professionals for their own professional use.
2.1 Customer identification
All new customers create a customer account, which enables them to place orders. To this end, the customer chooses a username and password.
The user name and password are proof of the Customer's identity and bind the Customer to any order placed using these identifiers.
The Customer is solely and fully responsible for his login and password and assumes all consequences related to the use of these identifiers by unauthorized third parties, unless he can demonstrate that the third party had knowledge of these identifiers due to a fault committed by SDPH.
2.2 Placing an order
The customer selects the Products he/she wishes to purchase on the Site. At any time, the customer can check the Products he has selected, continue or complete his order.
When validating the order, the Customer is presented with a summary of the order, showing details of the Products selected, the total price of the order and the information provided during identification. They can modify their order and the identification information provided.
Having read this summary, the Customer acknowledges having read the GTC and accepts them by ticking the appropriate box.
He then validates his order by clicking on the button provided for this purpose.
Upon validation of the order by the Customer, SDPH will acknowledge receipt of the order without delay and by electronic means to the address provided by the Customer.
The acknowledgement of receipt will include the following information:
The name and address of the seller as well as the telephone number and e-mail address of the person to contact at SDPH;
The cost of delivery is borne by the Customer;
Payment terms and conditions;
Delivery terms and conditions;
Information on legal warranties, their implementation and other contractual conditions;
Information on the existence of codes of good conduct, where applicable on sureties and guarantees, termination procedures, dispute settlement methods and other contractual conditions, the list of which will be determined by decree;
The terms and conditions for exercising the right of withdrawal;
Standard withdrawal form.
The essential characteristics of the Product as well as its price and the total price of the order, all taxes included.
All orders are considered final only after the relevant payment center has given its approval. In the event of refusal, the order will be automatically cancelled.
SDPH reserves the right not to accept an order, in particular due to the abnormality of the order placed or the existence of a dispute relating to payment by the Customer of a previous order, or in the event of refusal of authorization of payment by banking organizations.
The order registration systems implemented via the Site are considered as proof of the content, date and nature of the order, as well as the date of acknowledgement of receipt of this order.
2.3 Order payment
Orders can only be paid for by credit card. SDPH provides a secure payment system and guarantees the confidentiality of bank details provided by the Customer.
The Customer's bank account will immediately be debited for the full price.
3. Product availability
Orders are valid while stocks last. SDPH reserves the right to refuse an order for Products that are no longer available.
In the event of unavailability of the Product after confirmation of the order, SDPH will inform the Customer by e-mail, and may offer the Customer the choice between reimbursement of the Product or its exchange for a product of equivalent quality and price.
If the Customer requests a refund, the order will be automatically cancelled and any sums already paid will be refunded in full, at the latest within thirty (30) days of cancellation.
4. Price
The applicable prices are those in force on the day of the order as indicated on the Site.
The prices indicated on the Site are in euros and include all taxes, excluding order processing and shipping costs, which are to be paid by the Customer.
The total price including VAT indicated in the order confirmation issued by SDPH is the total price of the order, including VAT and processing and transport costs.
5. Terms of delivery
Delivery will be made by tracked parcel to the address indicated by the Customer at the time of ordering. Products will be delivered within an average of 5 working days from confirmation of the order by SDPH for orders to France. For other countries, outside France, the delivery time may vary between 5 and 10 working days.
The customer is informed of the progress of his order by e-mail to the e-mail address provided when the order was placed.
In the event of a delay in delivery, delivery will take place at the latest within thirty (30) days from the day following the order date, subject to full payment of the price.
In any event, in the event of a delay of more than seven (7) days from the date indicated by SDPH, the Customer may cancel the order by registered letter with acknowledgement of receipt within sixty (60) working days from the date set for delivery.
Consequently, if the Customer receives the Product after having cancelled the order, SDPH will refund the full price of the Product as soon as the Product has been returned.
For any question relating to the follow-up of the order, the right of retraction or the legal guarantee, the customer may contact the after-sales service at the following number: 01 69 09 85 79
6. Warranties
SDPH undertakes to provide Services and/or deliver Products that comply with the order, with the technical characteristics specified and with the use for which they are intended, and in any event free from all defects. Particular information relating to after-sales service or the contractual warranty is, where applicable, presented on the Product sheet.
In the event of non-conformity or hidden defects discovered at a later date, the Customer must inform SDPH by letter to the consumer department at the above head office address, detailing the reasons for the non-conformity or hidden defects of the Product, and returning the disputed Product to SDPH at the same time.
In any case, the customer benefits from the legal warranties of conformity and latent defects in accordance with the legal provisions in force mentioned in appendix 1.
7. Replacement or refund of Products
The Customer shall have the right to refuse Products with apparent defects and/or which do not conform to the order, specifications or prior indications.
Provided that the Customer proves the latent defect, SDPH will, at the Customer's option, replace the Product and/or Service or reimburse all sums paid, including shipping and return costs, within thirty (30) days of the date on which the right was exercised.
8. Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Products to exercise his right of withdrawal from SDPH without having to justify his reasons or pay any penalties. After this period, any claim based on the right of withdrawal will be deemed null and void.
To this end, the Customer must send the duly completed retraction form to the following address before the expiry of this period: SPDH Pascal Hamour, returns, 10 place Vendôme - 75001 PARIS.
As of the communication of its decision to retract, the consumer must return the Products, without excessive delay and in any case at the latest within fourteen (14) days, in their original packaging, complete and unopened, as well as a copy of the invoice and an IBAN/BIC, the return being at the expense and risk of the Customer.
SDPH will reimburse the Customer by bank transfer all sums paid within fourteen (14) days of receipt of the withdrawal form. Reimbursement may be deferred until the actual recovery of the returned Products or until the consumer has provided proof of shipment of the Products, whichever comes first, with the exception of the cost of return, which shall be borne by the Customer.
Nevertheless, SDPH will not reimburse Products returned incomplete, or which have been damaged, deteriorated or soiled by the Customer.
The retraction form is available in appendix 2.
9. Liability
SDPH undertakes to provide Services and/or deliver Products that comply with the regulations in force in France.
SDPH may not be held liable in the event of a breach of the contractual obligations arising from these GCS if such a breach is the result of an act of God or force majeure.
SDPH will be liable for any direct and foreseeable damage suffered by the Customer resulting from the conclusion or execution of these GCS.
However, SDPH cannot be held liable for any damage resulting from use of the Product that does not comply with its specifications.
SDPH cannot be held responsible for any risks associated with the use of the Internet, such as, in particular, suspension of service, intrusion or the presence of computer viruses.
10. Intellectual and industrial property rights
All textual, visual and sound elements of the Site are and remain the exclusive property of SDPH and are protected by copyright, trademarks and patents.
The Customer agrees not to reproduce or represent for any purpose whatsoever all or part of the elements of the Site without the express prior authorization of SDPH.
SDPH will remain the owner of all intellectual and industrial property rights relating to the Products and/or Services supplied, as well as all technical information that may be communicated to the Customer during the execution of the order.
11. Protection of personal data
The personal data collected by SDPH from the Customer when the latter places an order on the Site is processed within the meaning of European Regulation 2016/679 on the protection of personal data and within the meaning of French legislation. The data collected includes the Customer's surname, first name, postal address, e-mail address and bank details.
This data is used by SDPH solely for the purpose of executing and confirming the Customer's order and for drawing up the invoice relating to the purchase made.
The Customer's surname, first name, postal address and email address will be kept for a period of three years from the end of the commercial relationship between SDPH and the Customer.
If the Customer indicates that he would like his bank details to be kept by SDPH, they will be kept until the bank card expires or until the Customer withdraws his consent.
If the customer does not indicate that he/she wishes to keep his/her bank details, they will be securely archived for 13 months and then deleted.
Customers have the right to access, oppose for a legitimate reason and rectify personal data concerning them. To exercise these rights, the customer must contact SDPH Pascal Hamour.
SDPH undertakes to implement the technical and organizational measures necessary to guarantee the security and confidentiality of the personal data to which it has access. To this end, SDPH undertakes to adopt physical (security of premises) and logical (security of information systems) security measures adapted to the nature of the data and the risks presented by the processing.
SDPH undertakes not to transfer or cause to be transferred the Customer's personal data to a country that does not ensure an adequate level of protection of personal data within the meaning of the European Commission.
12. General
Partial Invalidity - If one or more of the provisions hereof should, for any reason whatsoever, prove to be invalid, illegal or unenforceable in any respect whatsoever, they shall be deemed unwritten, without affecting the validity of the other provisions hereof.
Applicable law - The present order and its consequences are subject to French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
Minors - SDPH reminds you that minors do not have the legal capacity to contract. Any person placing an order on the site is deemed to be of legal age.
Appendix 1: Legal provisions
Article L. 211-4 of the French Consumer Code stipulates that "The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing 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 was made his responsibility by the contract or was carried out under his responsibility." Translated with DeepL.com (free version)
Article L. 211-5 of the French Consumer Code states that "To conform to the contract, the goods 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 have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L. 211-12 of the French Consumer Code stipulates that "Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Article 1641 of the French Civil Code stipulates that "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them".
Article 1648 of the French Civil Code stipulates that "Actions resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of the defects or apparent lack of conformity."
Appendix 2: Standard withdrawal form
For the attention of SDPH Pascal Hamour at the following address
SDPH Pascal Hamour, returns, 10 place Vendôme - 75010 PARIS
Telephone number: 01 69 09 85 79 (hereinafter "SDPH"),
E-mail address: contact@pascal-hamour.fr
I hereby notify you of my decision to withdraw from the contract for the sale of the following goods:
Ordered / received on:
Consumer name :
Consumer address:
Date:
Consumer's signature (only if this form is submitted on paper)