Terms and conditions of use
The online shop of the site SARL HENON 03.21.89.59.70 has been set up by the company Emmanuel Henon, which is the operator of this site. Any order taken for a product appearing in the online shop of the website SARL HENON 03.21.89.59.70.com supposes the prior consultation of the present general conditions. Consequently, the consumer recognizes to be perfectly informed of the fact that his agreement concerning the contents of the present general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order on line the products presented within the framework of the shop of the web site. The consumer has the option to save or edit these general conditions, it being specified that both saving and editing of this document are the sole responsibility of the consumer. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for personal use on his part. As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired within the framework of the website would actually have a connection with his professional activity. The online shop set up by the company SARL HENON 03.21.89.59.70 within the framework of the website mentions the following information:
legal notice allowing a precise identification of the company SARL HENON 03.21.89.59.70
presentation of the essential characteristics of the proposed goods
ndication, in Euros, of the price of the goods, as well as, if necessary, the delivery costs.
indication of the terms of payment, delivery or performance
the existence of a right of withdrawal
the period of validity of the offer or price
the conditions for terminating the contract when it is of indefinite duration or of a duration of more than one year
All this information is presented in French. The consumer declares to have full legal capacity allowing him to commit himself under the present general conditions.
Article 1: Completeness
The present general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation the entirety of the provisions set out in these terms and conditions. No general or specific condition appearing in the documents sent or handed over by the consumer can be integrated into the present, since these documents would be incompatible with these general conditions.
Article 2: Purpose
The present general conditions have for object to define the rights and obligations of the parties within the framework of the on-line sale of goods and services proposed by the company SARL HENON 03.21.89.59.70 to the consumer.
Article 3 : Contractual documents
The present contract is formed by the following contractual documents, presented in descending order of importance: the present general terms and conditions; the order form. In the event of contradiction between the provisions contained in the documents of different rank, the provisions of the document of higher rank will prevail.
Article 4: Entry into force - duration
The present general conditions come into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the company SARL HENON 03.21.89.59.70.
Article 5 : Electronic signature
The "double click" of the consumer on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Confirmation of order
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer on the order form.
Article 7: Proof of the transaction
The computerized registers, kept in the computer systems of the company SARL HENON 03.21.89.59.70 in reasonable conditions of safety, will be considered as the proofs of the communications, orders and payments occurred between the parties. The archiving of the purchase orders and invoices is carried out on a reliable and durable support which can be produced as proof.
Article 8: Product information
8-a : The company SARL HENON 03.21.89.59.70 presents on its website the products to be sold with the necessary characteristics to comply with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before the final order the essential characteristics of the products he wishes to buy.
8-b : The offers presented by the company SARL HENON 03.21.89.59.70 are valid only within the limit of available stocks.
Article 9 : Prices
The prices are indicated in euros and are valid only on the date of sending the order form by the consumer. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. The payment of the totality of the price must be carried out at the time of the order. At no time can the sums paid be considered as a deposit or advance payment.
Article 10: Method of payment
To pay for his order, the consumer has, at his choice, all the payment methods listed in the order form. The consumer guarantees the company SARL HENON 03.21.89.59.70 that he has the authorizations possibly necessary to use the method of payment chosen by him, during the validation of the purchase order. The company SARL HENON 03.21.89.59.70 reserves the right to suspend any management of order and any delivery in case of refusal of authorization of payment by credit card on behalf of the officially accredited organizations or in case of nonpayment. The company SARL HENON 03.21.89.59.70 reserves in particular the right to refuse to carry out a delivery or to honour an order emanating from a consumer who would not have settled totally or partially a previous order or with whom a dispute of payment would be in the course of administration. The company SARL HENON 03.21.89.59.70 has set up a procedure of verification of the orders intended to ensure that no person uses the banking coordinates of another person without his knowledge. Within the framework of this verification, the customer will be asked to send by fax to the company SARL HENON 03.21.89.59.70 a copy of an identity document as well as a proof of residence. The order will be validated only after reception and verification by our services of the documents sent.
Article 11 : Availability of the products
The order will be executed at the latest within 3 days from the day following the day the consumer placed his order. In case of unavailability of the product ordered, including because of our suppliers, the consumer will be informed as soon as possible and will have the opportunity to cancel the order. The consumer will then have the choice to request either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 12: Delivery terms
The products are delivered to the address indicated by the consumer on the order form and only in metropolitan France. The consumer is required to check the condition of the packaging of the goods on delivery and to report any damage due to the carrier on the delivery note, as well as to the company SARL HENON 03.21.89.59.70, within a week. The consumer can, at his request, obtain the sending of an invoice to the address of invoicing and not to the address of delivery by validating the option envisaged for this purpose on the purchase order. Regarding shipping, we work mainly with Colissimo Suivi. As soon as we proceed to a shipment, you will immediately receive an email informing you.
THE POST OFFICE
In order to reduce transport costs as much as possible, all products of small or medium size are sent by a Colissimo Suivi postal service. In addition to being economical, this service delivers in 48H throughout France and offers you the possibility of recovering the products ordered at your post office close to the delivery address in case of absence of the initial place of delivery during the presentation of the postman. Concretely, if you are absent on the day of delivery, your postman will leave a notice in your mailbox, which will allow you to collect your package at your post office during opening hours, within 15 days. Colissimo Suivi is a very reliable service. However, as with any shipment, there may be a delay in delivery or the product may go astray. In case of late delivery compared to the date we have indicated in the shipping mail, we ask you to notify us of this delay by calling us by phone or by sending us an email. We will then contact the Post Office to start an investigation. A Postal investigation can last up to 21 days from the date of the beginning of the investigation. If during this period, the product is found, it will be re-routed immediately to your home (in most cases). If on the other hand the product is not found at the end of the 21 days of investigation, the Post Office considers the package as lost. It is only then that we can send you a replacement product, at our expense. If the product(s) ordered were no longer available at that time, we would reimburse you the amount of the products concerned by the loss of the carrier. If the product(s) were still available, but had changed the selling price on the site, we would apply the new selling prices, either by reimbursing you by cheque for the difference, or by requesting an additional cheque for the difference in price. We decline any responsibility for the extension of delivery times due to the carrier, especially in case of loss of products or strike.
Article 13: Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken products...) must be imperatively indicated on the delivery order in the form of "handwritten reserves", accompanied by the customer's signature. At the same time, the consumer must confirm this anomaly by sending the carrier within two (2) working days following the date of delivery a registered letter with acknowledgement of receipt setting out the said claims. The consumer will have to transmit a copy of this mail by fax or by simple mail to :
SARL HENON 03.21.89.59.70
SARL Henon Zone du Littoral - BP 34 - 62180 Verton (03 21 89 59 70)
Article 14: Errors of delivery
14-a : The consumer will have to formulate near the company SARL HENON 03.21.89.59.70 the very same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications appearing on the purchase order. Any claim made after this deadline will be rejected.
14-b: The formulation of this complaint with the company SARL HENON 03.21.89.59.70 can be made: - in priority by telephone at xx xx xx xx from Tuesday to Saturday from 9am to 12pm, - by connecting you on our site in the heading "follow your order" " where, after having entered your customer number, you will be able to ask us your question through the menu contact us by specifying well the reference of the order.
14-c : Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the company SARL HENON 03.21.89.59.70 of any responsibility towards the consumer.
14-d : a reception of the complaint, the company SARL HENON 03.21.89.59.70 will attribute a number of exchange of the concerned product(s) and will communicate it by e-mail, fax or telephone to the consumer. The exchange of a product can take place only after the attribution to the consumer of an exchange number according to the approach presented above.
14-e : In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the company SARL HENON 03.21.89.59.70 as a whole and in its original packaging, in Colissimo Recommandé, at the following address:
SARL HENON 03.21.89.59.70
SARL Henon Zone du Littoral - BP 34 - 62180 Verton (03 21 89 59 70)
In order to be accepted, any return must be notified in advance to the Customer Service of the company SARL HENON 03.21.89.59.70.
The shipping costs are the responsibility of the company SARL HENON 03.21.89.59.70, except in the case where it would turn out that the product taken back does not correspond to the declaration of origin made by the consumer in the good of return.
Article 15 : Guarantee of the products
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of latent defects of the thing sold. The consumer is expressly informed that the company SARL HENON 03.21.89.59.70 is not the producer of the products presented within the framework of the web site, within the meaning of the law n°98-389 of May 19, 1998 and relating to the responsibility because of the defective products. Consequently, in the event of damage caused to a person or a good by a defect of the product, only the responsibility of the producer of this one could be sought by the consumer, on the basis of information appearing on the packing of the aforementioned product. The conditions and duration of the producer's guarantee are indicated on the product sheets. Taking into account the frequency of renewal of the components of the technical products, SARL HENON 03.21.89.59.70 will be able, on request, to inform the consumer of the availability of the spare parts of the offered products and the methods to possibly get them.
Article 16: Right of withdrawal
The consumer has a period of 10 working days to return, at his expense, the products that do not suit him. This period starts from the day of delivery of the consumer's order. If this period expires on a Saturday, Sunday or a public holiday or day off, it is extended to the next working day. Any return will have to be notified in advance to the Customer Service of the company SARL HENON 03.21.89.59.70: - in priority by telephone at xx xx xx from Tuesday to Saturday from 9am to 12pm, - by logging on to our site in the section "follow your order" where, after having entered your customer number, you will be able to obtain your order number. The product must be returned by Colissimo Recommandé to SARL HENON 03.21.89.59.70, YOUR ADDRESS, YOUR CITY.
The products such as Discs, CDs, Cells, should not have been unsealed, so that the consumer can benefit from the right of retraction.
Electronic products such as turntables, headphones, mixing tables, etc... remain subject to the legal withdrawal period of 7 days.
Only products returned in their entirety, in their original packaging complete and intact, and in perfect condition for resale will be taken back. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, except for the cost of return. In the event of exercising the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the re-shipment will be at the expense of the consumer.
In case of exercise of the right of retraction, the company SARL HENON 03.21.89.59.70 will make all efforts to reimburse the consumer within 15 days. However, taking into account the technical character of the sold products, this period could be extended to 30 days, in particular when the product needs a technical checking (cf products having to be tested beforehand).
The consumer will then be reimbursed by re-crediting his bank account (secure transaction) in case of payment by credit card, or by check in other cases.
Article 17: Rights of use
The right to use the software of the company SARL HENON 03.21.89.59.70, as well as those distributed by it, is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with the Code of Intellectual Property. However, under Article L122-6-1 of this Code, the consumer has a right of reproduction exclusively for the establishment of a backup copy, when it is necessary to preserve the use of the software. In any event, the author of the software retains a property right on his work, which the consumer undertakes to respect.
Article 18: Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as a fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware of them. The two parties will then, within one month, unless impossible due to force majeure, meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general terms and conditions may be terminated by the injured party. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 19: Partial non validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Article 20: Non renunciation
The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations referred to in these general conditions can not be interpreted for the future as a waiver of the obligation in question.
Article 21: Title
In case of difficulty of interpretation between any of the headings at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.
Article 22: Applicable law
The present general conditions are subject to French law. This is the case for the rules of substance as well as for the rules of form. In the event of litigation or complaint, the consumer will address in priority to the company SARL HENON 03.21.89.59.70 to obtain an amicable solution. In a second time and in the event of recourse, the consumer will be able to deposit a complaint with, via his dedicated dialog box.
Article 23 : Data processing and Liberties
The information which is requested from the consumer is necessary to the treatment of his order and could be communicated to the contractual partners of the company SARL HENON 03.21.89.59.70 intervening within the framework of the execution of this order. The consumer can write to the company SARL HENON 03.21.89.59.70 whose coordinates are within the charter of confidentiality appearing within the framework of the web site, to oppose such communication, or to exercise his rights of access, of correction with regard to the information concerning him and appearing in the files of the company SARL HENON 03.21.89.59.70, under the conditions envisaged by the law of January 6, 1978.