Terms and Conditions
Introduction
The market site www.harmony-paris.fr (hereinafter named the “Site”) is a site of electronic commerce accessible through the internet, open to all users of this medium (hereinafter named “Internet users”). It is edited by the company Harmony Paris (hereinafter named “Harmony Paris”), SAS with a capital of 12255 Euros, the headquarters are located at 25, rue d'Hauteville 75010 PARIS, signed with the “Registre du commerce et des Sociétés de Paris” under the number 801 527 292. TVA number : FR 008 01527292.
The site allows Harmony Paris to offer textile products and accessories for sale with Harmony Paris brand or any of their business partners (hereinafter named “products”) to internet users that navigate on the site (hereinafter named “clients”). For the application of the presenters, it is decided that the Client and Harmony Paris will be collectively named "Parties" and individually named "Party", and that the client that has validated an order will be named "Buyer".
All orders of a Product offered on the Site imply the Buyer to adhere to the following terms and conditions of sale. Harmony Paris reserves the right to modify at any moment the present terms and conditions of sale by publishing a new version on the Site. The general terms and conditions of sale are those that at are put in place on the date the purchase is made.
Article 1. Object
The current terms and conditions of sale govern the rights and obligations of the Parties resulting in the on line sale of Products offered on the Site, these apply with the exclusion of any other document.
Article 2. Products – Price
2.1 Products
Only the products featured on the Site on the day it is consulted by the Client are offered for sale. The products offered are limited to the European Union area. The offer of product and price are available, within limits of available stock, as long as they are offered on the Site.
2.2 Price
The prices are indicated in Euros all taxes included. The prices that are applied are the ones figuring on the Site at the time the order is being made.The sum of the all-inclusive price of the fees for preparation and delivery will be communicated to the client on the receipt summary, before the validation of the aforementioned document. If you live outside of the European Community, you are entitled to VAT tax exemption. The shipment of the order must be to an address outside of the European Community. The final invoice will reflect this tax exemption. Please be reminded that shipments destined outside of the European Community are subject to import taxes and duty fees (DDU Deliver Duties Unpaid) based on your home country's regulations.
Article 3. Order
3.1 Registering the Order
The Client that wishes to make an order chooses the item or items of his or her choice by clicking on "Add to Bag" At any time the Client can:-Verify the number of Products in his basket and obtain detailed information on each item by clicking on "My Cart",- A new Client must fill out all required fields of information in order to create his or her client account. The Client must fill out the form given to him or her with exactitude, which will include the information needed to determine his identification, including his electronic address and a password of his or her choosing (which will be personal to him as well as confidential) which will in turn allow him or her to identify himself on the site.Every client that already has a password must identify himself after clicking on "Confirm", by entering his or her email address and his or her password.The Client accepts that this method of identification can prove his or her identity.It is an obligation to provide the nominative information to be a vendor from a distance, this information is necessary for the treatment and delivery of orders, and for the purpose of billing. This information is strictly confidential.After having made an order, and once all of the information required has been completed by the Client, he or she will be aware of the general terms and conditions of sale to which he will agree to by checking off the square.
3.2 Validation of the order
The validation of the confirmation of the bag constitutes as an electronic signature. To the Parties this signature is the equivalent to a signed manuscript and is proof of the integrity of the order and the payability of the sum due of the said order.Once he or she has validated the order, the Client becomes a buyer.Notwithstanding the application of article R624-3 of the penal code, the Client will pay his or her order with a banking card (carte bleu, Visa, Eurocard/Mastercard). If the Client wishes to make payment with a bank card, he or she must provide the bank card number. The type of card the expiration date as well as the cryptogram will need to be provided.
3.3 Payment
The price owed by the Buyer is the amount indicated on the summary note of the order. In any case, the amount debited will correspond to the Product(s) to be delivered.It is specified that when choosing a bank card as a method of payment the buyer is transferred automatically towards the electronic banking server at Ingenico. The payment of your purchases is carried out exclusively, when placing your order, by bank card (Carte Bleue, Visa, Maestro, Eurocard/Mastercard, American Express) or via a PayPal account. The debit of your bank card or your PayPal account is made no later than six (6) days after placing your order, in the currency thereof.
You can shop in total security, the confidentiality of banking information transmitted via the website to an authorised banking institution is carried out in a secure environment (SSL protocol).
Payment card numbers are not stored on our website but on the secure website of the Ogone banking institution.
As part of the process of payments made by electronic means, and to combat the fraudulent use of online payment methods, we carry out verification of the reliability of the information entered by you when registering your order.
3.4 Acknowledgement of Receipt of order
Once payment has been made, a summary document of the order is sent to the Buyer to his or her electronic address. This document serves as an acknowledgment of receipt and is a summary of all the items included in the contract between parties. A link to the return form will also be included in this document.
Article 4. Delivery
Harmony Paris will do everything within its means so that the delivery of the order will be made on average between 1 to 5 days, and up to 10 days, counting from the following day the order has been validated by the buyer. It is specified that orders made on the web site www.harmony-paris.fr. Friday, Saturday or Sunday will be processed the following Monday. Orders that are made on the web site www.harmony-paris.fr on public holidays other than on a Friday, Saturday and Sunday will also be processed the next opening day.The items ordered by the Buyer will only be delivered within EU borders to the address provided by the Buyer on the validation page for his order, along with a delivery slip. The Buyer has the possibility to have the products delivered to a different address than his own. The delivery will not be insured in case of an extraneous circumstance, transportation strike and/or postal services strike.
Article 5. Right to retract
The Purchaser has a period of fourteen (14) working days from the date of delivery to notify Harmony of its wish to return, at his or her expense, the Product(s) he or she ordered. The Purchaser has an additional fourteen (14) working days to proceed with the return of the goods. If the conditions mentioned above are met, Harmony Paris will reimburse the Purchaser for the total amount of his order (price of the Products and of the shipping costs) to the original method of payment, directly upon reception of the Products, excluding the costs of returning the Products, which shall be borne by the Purchaser.
6.1 Legal guarantee of conformity
All our products benefit from a legal guarantee, in the respect of the normality of their use and the respect of the instructions.
Article L.217-4 of the Consumer Code
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was made at his expense by the contract or was carried out under his responsibility.
Article L.217-5 of the Consumer Code
The property is in conformity with the contract :
1° If it is fit for the use usually expected of a similar good and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L.217-7 of the Consumer Code
Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L.217-9 of the Consumer Code
In case of lack of conformity, the buyer chooses between repair or replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible to do so, according to the method not chosen by the buyer.
Article L.217-10 of the Consumer Code
If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint ;
2° Or if this solution cannot be implemented without major inconvenience for the purchaser, given the nature of the goods and the use he is seeking.
However, the sale may not be rescinded if the lack of conformity is minor.
Article L.217-11 of the Consumer Code
The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the purchaser. These same provisions do not prevent the allocation of damages.
Article L.217-12 of the Consumer Code
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
6.2 Warranty for defects of the thing sold
Article 1641 of the Civil Code
The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1643 of the Civil Code
He is liable for hidden defects, even if he would not have known about them, unless in this case he has stipulated that he will not be obliged to any warranty.
Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the buyer has the choice to return the item and receive the price back, or to keep the item and receive part of the price back.
Article 1645 of the Civil Code
If the Seller knew of the defects of the goods, he shall be liable to the Buyer for all damages, in addition to the return of the price he received for them.
Article 1646 of the Civil Code
If the Seller knew of the defects of the goods, he shall be liable to the Buyer for all damages in addition to the return of the price he received for them.
Article 1647 of the Civil Code
If the thing that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensations explained in the two previous articles. But the loss that has occurred by chance will be for the account of the buyer.
Article 7. Computing and rights
7.1 Personal information
Information of a personal nature is treated by Harmony Paris to better manage client relationships and prospection. And to allow you to receive offers from our partners, we may communicate that type of information. Abiding by the Computing law and liberty of the 6th of January 1978, updated by the law of the 6th of August 2004, the Client has the right to access, to rectify and oppose that information concerned. The client has the right to register on a list stating that he does not wish to be contacted by telephone.
7.2 Cookies
Our website is responsive to the needs of our customers. Click here to learn more.
7.3 Web Beacon
Certain web pages of the Site may contain web beacons that allow to count the number of visitors on the Site and/or allow the Harmony Paris a certain number of indicators. These Web Beacons can be used with some of our partners, with the noted purpose of measuring and improving the Site.
Article 8. Various stipulations
8.1 Force Majeure
Harmony Paris may not be held liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event qualified as force majeure, in particular in the event of disruption or general or partial strike, notably of postal services or means of transport and/or communication, flood or fire. If Harmony defaults on its delivery obligation no later than thirty days after the conclusion of the contract, the consumer may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium, unless Harmony has performed in the meantime.
8. 2. The contract in its entirety
The present terms and conditions of sale and the summary of the order sent to the Buyer, constitute a contractual an integral summary of the conventions that occur between the parties.
8.3 Conservation and archiving transactions
The archiving of bills is done in a viable and durable backing method so as to correspond to a trustworthy and durable copy.
8.4 Applicable Law – jurisdiction.
These general terms and conditions of sale and the contractual relationship between Harmony Paris and the Buyer are subject to French law. In the event of litigation, the consumer may have recourse to a mediator. Harmony has signed up with a mediator that he can contact:
Philippe Trémain
Judicial Mediator at the Court of Appeal
12 square Desnouettes 75015 Paris
Tel : 06 63 18 66 33
www.mcpmediation.org
Alternatively, the consumer will be able to seize the jurisdiction of his choice. However, Harmony Paris is always open to finding an amicable solution before any legal action.