HOALEN TERMS & CONDITIONS
Last update : 03.05.2016
These terms and conditions of sale operate between the following parties :
The HOALEN S.A.S. company, with a capital of 100,000 €,
316 bis Kerskao 29880 Plouguerneau, France,
Registered in the Brest Register of Businesses under number 492 170 899, TVA FR49492170899,
and Internet major users who wish to make a purchase on the www.hoalen.com website.
These terms and conditions aim to define the obligations of the parties to each other, and the various stages in the ordering process.
These terms and conditions govern the sale of any product displayed on the www.hoalen.com website by the HOALEN S.A.S. company.
HOALEN S.A.S. reserves the right to modify the sales conditions. Ever since, it is agreed that the conditions applied are those in force on the website when signing the contract.
The parties agree that their relations will be exclusively governed by this contract, to the exclusion of any other terms. The items offered for sale may not be re-sold in any way.
Any order duly confirmed on the www.hoalen.com website implies complete and unreserved acceptance of these general terms and conditions of sale.
The present general terms and conditions of sale are accessible at all times on www.hoalen.com, particularly when accepting the order.
The items which can be seen on the website www.hoalen.com are available while stocks last. Consequently, under no circumstances can HOALEN S.A.S. guarantee to keep products on sale for a given period. Any customer complaint over the ordering or delivery of an unavailable item will be deemed unfounded. In such circumstances, HOALEN S.A.S. undertakes to notify, by e-mail or telephone, any customer who has placed an order for an unavailable item.
The products on sale are described and displayed with the greatest possible accuracy.
However, if any errors or omissions have occurred regarding this display, HOALEN S.A.S. cannot be held liable. The product illustrations and pictures supporting the text do not enter the contractual field.
3. ORDER PROCESS
The customer must follow the order process
- Product selection: the client selects a product.
- Verification of the selection’s content: he checks his cart’s content while retaining the option to remove the products he selected.
- Identification: The customer has to fill in the identification form and give the requested information (obligatory information : civility, first name, last name, address, birth date, e-mail, password, telephone number for delivery)
- Return on the Paybox’ s website for secure payment (SSL) : the customer must indicate the bank’s details for the payment.
- The order’s acknowledged receipt: the client receives an email summarizing the order :
- order reference
- bank transaction reference
- ordered products list
- delivery details.
It is advisable to keep and print this document, the order’s official proof. The order is then registered and treated by HOALEN S.A.S. which checks the ordered product (s) availability. Made orders constitute the acceptance of the prices and the products’ descriptions available for sale. HOALEN S.A.S agrees to fulfill the orders received on its site within the limits of available stocks.
If the ordered products were not available, HOALEN S.A.S will contact the customer by e-mail as soon as possible, in order to let know about the order’s cancellation or refund.
- The order’s delivery confirmation : HOALEN S.A.S. acknowledges receipt of the order by sending an e-mail, once it has been confirmed. The confirmation email constitutes the sale and is irrevocably binding on the parties.
- Order’s tracking: If the customer wishes for information on his order’s track he can refer to his HOALEN customer’s account in the heading « My account/ order » on the www.hoalen.com website.
All prices are displayed in euros. VAT included is French VAT, charged at the rate which applies to the products concerned. If the VAT rate is modified, these changes may affect the prices of the items without the customer receiving any prior notice.
All prices are exclusive for transport costs. These ones will be acknowledged to the buyers on the summary screen before the order’s final validation.
Regarding VAT :
- Delivery in Metropolitan France and countries from the European Union : Prices are inclusive of VAT (VAT applicable on the day of purchase).
- Delivery in DOM TOM and countries out of European Union: Prices will automatically be calculated VAT free (VAT of 19.6%). The buyer will be responsible for clearing his goods through customs by paying the appropriate customs duties and taxes.
The products you order will remain the property of HOALEN S.A.S. until HOALEN S.A.S. has received full payment.
The products for sale on www.hoalen.com may only be delivered to the following countries:
- Metropolitain France and Corsica,
- French overseas departments,
- European Union,
- Australia, United Arab Emirates, Singapore, Japan,
- USA, Norway,
- South Africa.
They will be delivered at the shipping address the customer will have informed on the order.
For any request concerning another destination, please contact HOALEN S.A.S. by e-mail on : firstname.lastname@example.org.
5.2. DELIVERY METHOD
All orders placed are prepared within an average 72 working hours from the order confirmation notified by mail by HOALEN S.A.S. to the client.
They are dispatched via Colissimo Expert, Chronopost (trackable parcel service run by the French Post Office) or by FedEx International Priority. Parcels must be signed for.
In terms of absence or inability to hand over the parcel, the postman leaves a delivery note mentioning the date and the post office’s address where the customer will be able to check out his parcel after showing his identity card.
Starting on the delivery note’s mentioned date, the customer has 15 days to check out his parcel.
5.3. DELIVERY AND FEES
Delivery is made within the indicative times shown in the following chart, counting from the dispatch of the order notified to the client par an email.
Standard delivery French & Corsica
|Delivery time*||Price TTC|
|Home standard delivery||2 days||6.50 €|
|Pick-up standard delivery||2 days||4.50 €|
Express delivery French & Corsica
|Delivery time*||Price TTC|
|Home standard delivery||24 hours||14.00 €|
|Pick-up standard delivery||24 hours||12.00 €|
French overseas delivery
|Delivery time*||Price exclude VAT|
|Guadeloupe, Martinique, Réunion, Guyane, Mayotte, Saint Pierre et Miquelon||5 to 7 days||11,50 €|
|Nouvelle Calédonie, Polynésie Française, Wallis et Futuna||5 to 7 days||22,50 €|
|European Union||3 to 4 days||12,00 € TTC|
|Swiss||3 to 4 days||20,00 € exclude VAT|
|USA, Canada, Norway||4 to 5 days||25,00 € exclude VAT|
|Australia, Japan, United Arab Emirates, Singapore||4 to 5 days||35,00 € exclude VAT|
|South Africa||4 to 5 days||55,00 € exclude VAT|
* Approximate time of delivery calculated in working days.
Delivery is free for orders over 180€ included VAT in Metropolitan France and over 250€ included VAT in European Union.
Delivery fees for Metropolitan France and countries from the European Union are inclusive of VAT (VAT applicable on the day of purchase).
Delivery fees in DOM TOM and countries out of the European Union will automatically be calculated VAT free (VAT of 19.6%). The buyer will be responsible for clearing his goods through customs by paying the appropriate customs duties and taxes.
HOALEN S.A.S. does not ship to P.O.boxes.
Times required for delivery are given as an indication and are submitted to the product’s availability. The deadline’s extension does not allow any order’s cancellation, to any discount on the paid price by the buyer, and to any payment for damages. However and according to the consumer code article L.121-20-3, for lack of delivery on the expiry of a thirty days delay starting the day after the customer has made his order, the customer will have the possibility to cancel his order free of charges. The amounts he will have paid will then be refunded. In the case in which it has the capacity, HOALEN S.A.S. will propose him a quality product and the equivalent price as the original product.
HOALEN S.A.S. will not be responsible for any delay of goods due to incomplete order form or unattainable authorizations from credit card companies or banks.
In case of incomplete delivery, shipping will only be charged on the first delivery.
The products are insured by HOALEN S.A.S up to the delivery.
5.4 ITEMS’RECEIPT AND CLAIM
Concerning the parcel’s receipt, HOALEN S.A.S. strongly recommends the customer to check the good’s shape on delivery. in the case of anomaly ( damaged packaging, missing or damaged goods) the customer:
- will have to give all the necessary subject on the delivery receipt
- will have to send in 48 hours following the delivery a reserve statement to the carrier by a registered letter with acknowledgment of receipt
- forward a copy of this mail to the customer service
In case of a doubt, it is advised for the customer to open the parcel in the presence of the carrier to ensure that the goods are not damaged. For the lack of, any claim can be made by the customer towards HOALEN S.A.S.
The customer can pay directly through the website using a credit card Visa, Eurocard, Mastercard.
Payment methods such as bank transfer and the payment on delivery are not accepted.
The invoice amount will be debited of the customer’s account on the payment date.
To offer a secure means of payment, the www.hoalen.com website uses the Paybox secure payment system provided by the Paybox company. This service complies with the SSL security standard. Confidential information (the 16-digit credit card number, the expiry date and the visible security code) is transmitted directly in encrypted form to the Paybox server without passing through the physical media of the www.hoalen.com server.
When the order is confirmed, the payment request is routed in real time to the Paybox secure electronic payment system which sends an authorisation request to the credit card network. The electronic payment system delivers an electronic certificate.
For any credit card payment on the 64.eu website, the electronic certificate delivered by the electronic payment system constitutes proof of the amount and date of the transaction, in accordance with the provisions of article 1316 and those following it in the French Civil Code. In this respect, the date and time of the server shall be authentic evidence between parties.
In all cases, confirmation of the order implies signature and express acceptance of all the transactions made on the website.
www.hoalen.com keeps the right to refuse an order if a further dispute in process exists or an abnormal high level order.
7. RIGHT OF WITHDRAWAL
The purchaser has a period of 14 days to exercise their right of withdrawal. Accordingly, the purchaser can ask for the item or items purchased to be exchanged or refunded within a 14-day period following the date when the goods ordered were received. Beyond that 14-day period, Hoalen S.A.S. shall be free to refuse to exchange, take back, or refund the goods. The exchange or refund process is as follows: 1 – The purchaser must inform Hoalen of their desire to withdraw within a period of 14 days following receipt of their order. The purchaser can find a standard downloadable withdrawal form at the following address: http//www.hoalen.com/pdf/formulaire-de-retractation.pdf.
2 – Hoalen shall send an acknowledgement of receipt of the withdrawal as soon as it has been informed.
3 – The purchaser shall complete the return slip that came with the item or items purchased, specifying whether they want an exchange or a refund for each item.
4 – The purchaser shall return the item or items as well as the duly completed return slip via registered letter or parcel to the following address: Hoalen S.A.S. 316 bis Kerskao 29880 Plouguerneau, France – within a maximum period of 14 days after they have informed Hoalen of their desire to withdraw.
The exchange shall be for the same item in a different colour or size if the amount is the same, and within the limit of the available stock. The exchange shall be processed within a maximum period of 14 days as from the date when Hoalen S.A.S. is informed of the customer’s decision to withdraw, as long as the item is returned in perfect condition, has not been worn, and is folded correctly. The customer shall be responsible for the cost of returning the item or items to be exchanged. Hoalen S.A.S. shall be responsible for the re-delivery costs.
If the customer chooses to be refunded, Hoalen S.A.S. shall refund the price of the item or items and the delivery costs to the customer within a maximum period of 14 days as from the date when Hoalen S.A.S. is informed of the customer’s decision to withdraw, as long as the item is returned in perfect condition, has not been worn, and is folded correctly. The refund may be delayed until the items are returned, or the customer provides proof that they have been dispatched. The date used shall be the date of the first of these events. The refund shall be made via the same payment method as the one used for the initial transaction. In the event that a virtual payment card has been used, the refund shall be made via a cheque sent to the customer’s home address. The customer shall be responsible for the cost of returning the item or items to be refunded.
8. LEGAL WARRANTIES AND AFTER-SALES SERVICE
The items sold benefit from the legal compliance warranty provided for by Articles 211-4 et seq. of the French Consumer Code, and from the hidden defects warranty (Articles 1641 et seq. of the French Civil Code). These warranties cover hidden defects and apparent defects as from the delivery date. The only obligation incumbent on Hoalen S.A.S. in relation to this warranty is either to replace the items recognised as defective free of charge, or to repair them, with no other service or compensation. This warranty does not cover damage resulting from the incorrect use of the item, normal wear and tear due to its use, or non-compliance with washing and maintenance instructions. The item purchase invoice and the delivery slip must be kept in order to benefit from the item warranty. Returned items and after-sales queries must be sent to Hoalen S.A.S’ After-Sales Department at 316 bis Kerskao 29880 Plouguerneau, France.
Your personal data is required to process your order and at no time is it destined for sale, commercialization or hiring out to third parties. Your personal data remain confidential. Personal data will be only used by our services to process your order and communicate with you by mail or email.
You have the right to access, modify, rectify and refuse access to the information regarding your personal data in conformity with Law "computer data and liberty" dated 6 January 1978. You may ask us to do so by writing to us and indicating your email address, first name, surname and address. You can also modify it on www.hoalen.com, ‘my account’.
The website Hoalen www.hoalen.com is registered with the CNIL (Commission Nationale de l'Informatique et des Libertés) under the following number 1330043.
10. LIMITATION OF LIABILITY
In no event will HOALEN S.A.S. be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this website including, without limitation, lost profits or revenues, costs of replacement, loss of opportunity, business interruptions, loss of data or damages resulting from any purchase of its products.
HOALEN S.A.S. does not guarantee or warrant that the site or the information contained on the site are compatible with your systems or will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your systems.
Finally, HOALEN S.A.S. not be considered either responsible for nor at fault for any delay or consecutive non-execution of goods resulting from a case of force majeure.
11. COMPETENT JURISDICTION
These general terms and conditions of sale are governed by French law. Any dispute that has not been resolved amicably shall be subject to the jurisdiction of the relevant courts in Brest or to the court in the effective place of delivery for the customer's order, notwithstanding multiple defendants and/or the introduction of third parties, even in the case of emergency proceedings or emergency or on-demand safeguard proceedings.
12. CUSTOMER SERVICE AND AFTERSALES SERVICE
You can free contact the customer service by e-mail or by phone on all matters concerning your order, its shipping and tracking.
- By telephone : Cleint Service Internet : 00 33 (0)2 98 04 69 30 (Monday-Friday 9h-12h /14h-18h).
- By email : email@example.com
- By post : HOALEN S.A.S.
316 bis Kerskao