GENERAL TERMS AND CONDITIONS OF SALE WWW.HOLLINGTON.EU
The trading website at www.hollington.fr (hereinafter referred to as ‘the Website’) is an e-commerce site, accessible via the Internet and open to all users of that network (hereinafter referred to as ‘Internet users’). It is edited by the company P H D sarl, whose head office address is 9 rue Racine, 75006 Paris FRANCE, and which is entered in the Paris (75) trade register under the number 732 040 803. Through the Website P H D sarl, under the ‘hollington’ trademark, offers textile products and accessories (hereinafter referred to as ‘the Products’) for sale to Internet users visiting the Website (hereinafter referred to as ‘Customers’). Customers who have confirmed orders will be known as ‘Purchasers’.
Products may only be supplied within the limit of stocks available. If a Product is unavailable, P H D sarl undertakes to inform the Customer as soon as possible. The texts and photographs presented to illustrate the Products are not contractually binding. P H D sarl may not be held liable for any errors, in particular of a typographic nature, or for any colour differentials between onscreen images and reality.
All garments are delivered unfinished (sleeves & trousers). Alterations are in charge of the ‘Customers’. We do not take orders for alterations by mail or phone. PHD sarl is not responsible for alterations made out of our store : 9 rue racine 75006 Paris.
When an order is placed for a Product offered on the Website, this implies acceptance by the Customer of the present General Terms and Conditions of Sale. The present General Terms and Conditions of Sale constitute the only agreement between the parties and override all other documents. If a condition is not available in this agreement, the customs in the mail order selling industry in Metropolitan France will be deemed to determine this condition. P H D sarl reserves the right to amend at any time the present General Terms and Conditions of Sale by publishing a new version on the Website. The General Terms and Conditions of Sale applicable will be those in effect on the day the order is placed.
ORDERS MAY BE PLACED:
By Internet: www.hollington.eu
By post: P H D sarl / hollington / hollington, Vente par Correspondance, 9 rue Racine, 75006 Paris – France
By phone: +33 (0)1 43 25 54 79. Our customer service department is open from 10:00 am to 07:00 pm, Monday to Saturday.
PRICES, TRANSPORT COSTS AND VAT
The prices applied are those indicated on the Website when the order is placed. Depending on the invoicing country selected, prices are expressed in euros (EUR) inclusive or exclusive of tax. Prices are expressed exclusive of transport costs. Details of these transport costs will be indicated to the Customer at the basket stage, before the order confirmation. Transport costs are calculated with regard to the relevant one of three pricing zones:
As regards VAT: - Delivery in Metropolitan France, in European Union countries and in Monaco: the order will be drawn up in Euros inclusive of tax. Prices will include the level of VAT applicable on the day the order is placed. - Delivery in the DROM TOM (overseas regions and territories): the price of any Products sent to the DROM TOM, will be expressed exclusive of VAT. When the package is delivered, the Customer will be required to pay the appropriate customs duties and taxes levied on the Products upon arrival in the region or territory concerned. - Delivery to addresses outside the European Union: for all Products sent outside the European Union, the amount corresponding to VAT at the rate applicable when the order is dispatched will be deducted from the price of the order. Customs duties and other local taxes, import duties and government taxes may be payable. These charges are not the responsibility of P H D sarl. They will be borne by the Customer, and the declarations relating to them, and payments arising from them to be made to the relevant national authorities, will be the sole responsibility of the Customer. The Products will remain the property of P H D sarl until payment in full is received for them.
ORDERING OVER THE INTERNET
Customers wishing to place orders select the Product(s) by clicking on ‘Add to cart’. Customers may check the number of products in their basket at any time - and may obtain further information regarding each of them - by clicking on ‘My basket’, may make further purchases of Products by clicking on ‘Continue with purchases’, and may complete the ordering process by clicking on ‘Pay my Order’.
Each new Customer must complete the sections presented in order to create his or her customer account. The Customer must accurately complete the form provided, supplying in particular the information needed to identify him or her, including a valid email address, a phone number and a password of his or her choice (which will be personal and confidential). The address and password will subsequently be used by the Customer to identify him or herself on the Website. Customers who already have a customer account must identify themselves after clicking on ‘Confirm my order’, by inputting their email addresses and passwords. Customers accept that inputting these two identifiers constitutes proof of identity. These two items of personal information used for distance selling must be provided, as they are required for the processing and delivery of orders and for the issuing of invoices. The information is strictly confidential.
After the Customer’s order is submitted and the information requested is provided by the Customer, he or she may not proceed to the following stage without taking note of the General Terms and Conditions of Sale, and must certify that this has been done by ticking the relevant box. At the end of this initial stage, a summary page corresponding to the order summary form is displayed. On this page, the Customer may alter the information input. This page displays : the Customer’s invoicing address, the delivery address for the Products, a table summarizing the order (reference, colour, size, quantity and price of the Products), the total amount payable for the order, a gift-wrapping option, and the fixed contribution payable for preparation and delivery costs. Having examined the order summary form, the Customer clicks on ‘Confirm my order’, and must then pay for his or her order under the conditions specified in the section ‘Help’. Once the payment has been completed, and subject to its confirmation, a document summarizing the order is sent to the Customer by email at the address indicated by the Customer, at some point before delivery takes place. This document constitutes a receipt for the order and sets out the full range of provisions of the contract entered into between P H D sarl and the Customer. It constitutes proof of the full extent of the order and of the payability of the amounts due under the terms of said order. If authorization to pay by bank card is refused by the Customer’s bank or by the Atos payment centre, the order will be cancelled. P H D sarl also reserves the right to cancel the order if: - the order limit stipulated in the introduction to the present document is exceeded; - the company is in dispute with the Purchaser; - the Customer has failed to pay all or some of the amount owed for a previous order; - a technical problem has led to the display of a price that is ‘paltry’ compared to the product reference price (the reference price being that indicated in the current collection catalogue). Under these circumstances, the Customer will be refunded any amounts he or she has paid prior to cancellation of the order by P H D sarl.
AVAILABILITY OF PRODUCTS
Products may only be supplied within the limit of stocks available. If a Product is unavailable, P H D sarl undertakes to inform the Customer as soon as possible. The Customer may then choose another article or cancel his or her order and receive a refund.
The Website offers a list of products for sale, which is not an exhaustive list of the products sold by the company P H D sarl.
SECURE PAYMENT AND METHODS OF PAYMENT ON THE WEBSITE
All payment transactions are carried out directly via ATOS, a specialist in secure online payments. To pay by bank card, the Customer is automatically transferred to a secure payment server, which is secured by S.S.L (Secure Socket Layer) encryption to ensure optimum protection of all data relating to the means of payment. At no point are the Customer’s bank data transmitted to the P H D sarl computer system. Online orders may be paid for using bank cards (Carte Bleue, Visa, Mastercard or American Express). Notwithstanding application of article R 642-3 of the French penal code, Customers will pay for orders using bank cards in accordance with the provisions of the present article. In order to do so, each Customer must enter the number of his or her bank card and, depending on the nature of the card, its expiry and the security number (a 4-digit number on the front of American Express cards or a or 3-digit number on the back of other types of bank cards). Orders may also be paid for using PAYPAL accounts. Customers with such accounts enter the email address they use for PAYPAL transactions and their PAYPAL passwords. PAYPAL encrypts all the data that each Customer has sent it when opening his or her account. Thus no information other than the Customer’s email address is sent to P H D sarl. Financial and personal data is automatically encrypted when any sensitive information is sent to the PAYPAL servers. For further information regarding the security of transactions between PAYPAL and the Customer’s bank, P H D sarl suggests contacting PAYPAL.
Products are under our responsibility until they are delivered. Times required for delivery are: - From 3 to 5 business days for Metropolitan France ;
- From 3 to 8 business days for European countries and the DROM TOM (French overseas regions and territories) ; - From 5 to 12 business days for all other countries; Unless stipulated otherwise when the order is placed. Delivery deadlines are calculated as from confirmation of, and payment for, the order. Customers may have the Products delivered to addresses other than their own, but P H D sarl does not make deliveries to PO boxes. P H D sarl may not be held liable for the direct or indirect consequences of an order cancellation or of a delivery that is delayed as the result of an event outside its control, and in particular due to disruptions or strikes affecting the postal or transport services. The authorized delivery zones comprise the following countries: Zone 1: Metropolitan France and Monaco
Zone 2: E.U. countries, DROM TOM and Switzerland: Andorra, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, DROM TOM, Estonia, Finland, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and United Kingdom. Zone 3: Other destinations : Australia, Brazil, Canada, China, Dubai, United States, Israel, Japan, Kuwait, New Zealand, Russia and Ukraine; Within the countries listed below, deliveries will not be made to the areas indicated: - Italia: Campione d'Italia, Livigno, Lugano, San Marin; - United Kingdom: Channel Islands, Gibraltar; - Spain: Ceuta, Melilla, Canaries Islands; - Denmark: Faroe Islands, Greenland; - Greece: Mont Athos; - Germany: Island of Heligoland, Bûsingen; - Finland: Aland.Islands; - Others: Vatican City.
GUARANTEE OF COMPLIANCE
When an order is delivered to the Customer, he or she must verify compliance of the Products supplied in fulfilment of the order placed. The P H D sarl customer service department must be notified of any anomaly in the delivery (namely missing or spoilt Products or a damaged package) within 14 business days following receipt of the Products: - by sending an email to the following address: email@example.com - by phoning +33 (0)1 43 25 54 79 ; our customer service department is open from 10:00 am to 07:00 pm Monday to Saturday. P H D sarl reserves the right to ask the Customer to send back the non-compliant or spoilt Product, and will inform the Customer of the procedure to follow in such a case. In the event of anomalous or unjustified returns, P H D sarl may refuse subsequent orders. Unless there are good grounds for claims made after the end of this period of 14 business days following receipt of the Products, such claims will be deemed inadmissible and P H D sarl may not be held liable in connection with them (1). (1) Article L211-4 of the French consumers’ code: vendors are required to deliver items that comply with the relevant contract, and shall be answerable for any non-compliance that exists when the items are handed over. It is also answerable for any non-compliance arising from packaging, and for instructions regarding assembly or installation if said instructions are required of it under the terms of the contract or are produced under its responsibility.
Article L211-5 of the consumers’ code: in order to comply with the provisions of the relevant contract, the item must: 1) be fit for the purpose generally intended for an item of this kind and, if applicable: - correspond to the description provided by the vendor and possess the qualities presented by the vendor to the purchaser in the form of a sample or model; - possess the qualities that a purchaser may legitimately expect in view of the public statements made by the vendor, by the producer or by its representative, in particular in the form of advertising or labelling. 2) or possess the characteristics defined by joint agreement between the parties, or be suitable for any specific use required of it by the purchaser, of which the vendor has been notified and has accepted. Article L211-12 of the consumers’ code: there is a two-year time limit - counted from the day the item is handed over - for legal action on the grounds of non-compliance. Article 1641 of the French civil code: the vendor is guarantor of quality with regard to latent defects in the item sold that render it unfit for the purpose intended for it, or which reduce the utility of it in this area to such an extent that the purchaser would not have acquired it, or would not have paid as much for it, had he or she been aware of these defects. Article 1648 section 1 of the civil code: legal action on the grounds of redhibitory defects must be initiated by the purchaser within two years of discovery of said defect.
SATISFACTION GUARANTEE - WITHDRAWAL PERIOD
The Customer has 14 business days as from receipt of the package in which to return to P H D sarl the Product(s) he or she finds unsatisfactory. The Customer must meet the cost of such a return. The Customer may request: - that one or more Products are exchanged (with a change of size, colour or model), - a refund, or - a corresponding credit note valid for one year.
The(s) Product(s) must be returned ‘as new’, with labels still attached, in the original packaging and with the duly-completed return slip. In the same time the Customer will send a mail at firstname.lastname@example.org to explain the reason of the return. In order to ensure the security of the product return, it must be carried out using the ‘Colissimo’ service. For countries outside the European Union, the words ‘items returned due to non-compliance’ must be written by the Customer on the dispatch note. Products must be returned to the following address: P H D sarl / hollington, Vente par Correspondance, 9 rue Racine, 75006 Paris – France. If the above conditions are met, P H D sarl will process the return. If an exchange is requested, the Product(s) ordered will be sent, with no charge for transport costs, within 14 business days of receipt of the Product(s) being returned, within the limits of stocks available. In the event of unavailability, the amounts paid will be refunded under the conditions set out below. Refunds will also be carried out within 14 business days of receipt of the Product(s) being returned. Delivery costs will be refunded in full, except in the case of a partial return or of additional costs arising from the Customer selecting a means of delivery other than the standard least-expensive method proposed by P H D sarl. The Customer must meet the cost of such a return. Refunds for orders paid for by bank card will be made via the bank card used for payment. Refunds for orders paid for using PAYPAL will be made as the Customer specifies via a bank card or by means of a bank cheque (for Customers in Metropolitan France only). If the Customer opts for a refund via a bank card, he or she must inform P H D sarl of the card number. In the event of damage to the Products by the Customer as a result of handling other than that required to establish the nature, characteristics and correct functioning of the Products, P H D sarl reserves the right to refuse to exchange, or to make a refund for, the Product(s).
PROTECTION OF PERSONAL DATA
OWNERSHIP OF THE SITE AND INTELLECTUAL PROPERTY
The Website is the property of P H D sarl, which holds the intellectual property rights to it. It is prohibited to copy or download all or part of the site or its contents. Worldwide copyright and intellectual property rights are reserved for all the texts, notes, articles, illustrations and images reproduced on the websites of PH D sarl. In this connection, and in accordance with the provisions of the intellectual property code, these items may only be used for private purposes and subject to different - and indeed more restrictive - provisions of the intellectual property code. Any other use constitutes plagiarism and will incur penalties as intellectual property. Any reproduction of the P H D sarl catalogue, in part or in its entirety, is strictly prohibited.
LIMITATION OF LIABILITY
P H D sarl is only under an obligation of diligence, for all stages of access to the site, of the ordering process, of the delivery procedures, and of subsequent services. P H D sarl may not be held liable for any forms of inconvenience or loss arising from use of the Internet, and in particular from breaches in service, outside intrusion or the presence of computer viruses, or from any occurrence classified as ‘force majeure’. The photographs presented to illustrate the Products are not contractually binding. P H D sarl may not be held liable for any errors, in particular of a typographic nature, or for any colour differentials between onscreen images and reality.
CONTINUED APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE IN THE EVENT OF THE INVALIDATION OF A CLAUSE, AND NON-RENUNCIATION
In the event of one or more clauses of the present General Terms and Conditions of Sale being deemed invalid or being declared invalid by application of a law or regulation, or following a definitive ruling by a court holding jurisdiction in the matter, the other stipulations shall retain their full force and effect, with the invalid stipulation being replaced with the closest valid stipulation designed to produce the result intended by the parties. Should either of the parties fail to object to a failure by the other party to fulfil any of the obligations set out in the present General Terms and Conditions of Sale, this may not subsequently be interpreted as a renunciation of the obligation concerned.
APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The present General Terms and Conditions of Sale shall be governed by French law, which shall apply to both rules of substance and rules of form. Only the French version of the present General Terms and Conditions of Sale may be used as evidence against P H D sarl.