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Vos conditions de ventes

 

 

Article 1 - The purpose 

 

These general conditions of use and sale ("Terms") are concluded between femininity company, simplified liability company with a capital of 65 000 euros, registered with the RCS Paris under number 378 022 024, and whose the headquarters is located 32 Clery Street, 75002 Paris, France and any non commercial natural person (the "User") wishing to make a purchase on the site www.harpe-paris.com (the "website").

The products covered by these Terms and Conditions are those listed on the Website and are sold and shipped by HARPE (the "Products"). These Conditions apply to the exclusion of all other conditions, including those applicable to sales in stores or through other distribution channels and marketing products.

The Terms and Conditions are intended to define the rules applicable in the context of the sale of products marketed in the site www.harpe-paris.com

 

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Article 2 - Products 

 

Each product will be a detailed sheet which, besides photography, contain: price, photography, sizes or dimensions and colors, composition, and any special characteristics. Minimal differences between a product and photograph may exist, depending in particular on the resolution and the color definition of the user's screen.

This information comply with the requirements required by the regulations in force and in particular Articles L. 111-1 and L. 113-1 of the Consumer Code and the Order of 3 December 1987 on consumer information on the prices.

HARPE is committed to deliver products meeting current requirements for safety and health of persons in accordance with European requirements, in particular to legislation on regulated chemicals.

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Article 3 - Price

 

Prices are quoted in euros all taxes excluding delivery costs;being specified that the value added tax (VAT) is that in force on the French metropolitan territory at the date of confirmation of the order. The prices applied are those given on the site and confirmed the Customer during the order validation.

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Article 4 - Order and payment of products 

 

4.1 Placing an order

Customer materializes his order by completing the following 5 steps

Step 1: Customer selects the products selected and adds them to his cart after selecting, if applicable, the size and color you want. The basket on the top right of the screen informs the customer that he took into account the selections indicating the number of products it contains.

Step 2: Client checks the contents of his cart by clicking on "order" to access the order summary. The Customer may modify its order (product, size, quantity). The total tax of the order, drawing a distinction between the price payable in respect of products, and secondly the cost of delivery, is then indicated in the summary.

Step 3: Once checked the order and if necessary modified, the Customer confirms their cart to finalize the order by clicking again on "order". If the customer has an advantage code, he will enroll in the slot provided for this purpose in order to benefit.

Step 4: Input the Client coordinate delivery and billing. Apart from the date of birth, address and additional shipping information, all fields are required to complete the order; it being understood that unless otherwise indicated by the Client, the billing address will automatically be the same as the delivery address. If the Customer has already ordered on the website, it has a customer account. In such a case, it will identify only with their email address and their password. The client then verifies all information and click "Submit" to continue the order.

Step 5: Entering bank details

The Client will access the secure payment screen CM-CICPAIEMENT partner. Payment is made online by credit card only. The Customer must enter their credit card number, expiry date and the CVV 3 numbers present on the back of the card, being specified that in case of payment by American Express card, the Customer must provide 4 digits.

If the payment is accepted, the customer is redirected to an order confirmation screen on the Site. In case of failure of settlement, the Customer will have up to three attempts to re-enter their bank details.

After the third refusal, the Customer is redirected (e) on the Site to a screen telling her refusal to pay. The customer will then be prompted to contact the customer service HAROE to know the reasons and find a solution to complete the customer order.

4.2 Order Confirmation

Upon acceptance of payment by the Client, the Client will receive an email confirmation of their order, and summarizing all of the items ordered, billing and delivery address and the date of delivery. The validation of the order by the customer and the order confirmation will be sent to the Customer by email by HARP following the acceptance of payment worth conclusion of a sale agreement between the Parties and acceptance of the Terms of Sale. The customer who placed an order will be able to print the invoice by logging onto the website in order tracking space provided for this purpose.

HARPE reserves the right to not accept the order if:

Unusual or abusive claims,

Unusual controls in terms of quantities,

Exchanges and abnormal or improper,

Issue exist with the customer.

4.3 Payment

The price of purchased products is payable in full on the day of placing the order by the Customer. Payment is made online by credit card (Carte Bleue, Visa, Eurocard / Mastercard / American Express) at the time of confirmation of the order by the Client.

The sampling of the authorization request of the card is done at the time of confirmation of the order on the Site, except in cases of server downtime. HARPE reserves the right to debit a new authorization application in case the first could not succeed due to unavailability of servers.

In the event of non-payment, incorrect address or other problem on the Customer's account, HARPE reserves the right to block the Customer's order until the problem is resolved.

 n case of fraudulent use of credit card on the website, the customer should contact HARPE: Monday to Friday from 10am to 18pm (GMT +1 time zone hour and except public holidays in France) or by mail to the following address: contact@harpe-paris.com.

Transactions on the site are secured by the payment system HARP partner CM-CIC PAYMENT, joint stock company, registered office: 34, rue du Wacken - 67000 Strasbourg, Registered in RCS Strasbourg B 312 730 674

All information exchanged to process the payment is encrypted using SSL (Secure Socket Layer). These data can not be detected, intercepted or used by third parties. At no time Customer financial data transiting on the computer system of HARP. CM-CIC PAYMENT checks that the connection with the customer's browser is secure before sending the payment form to the bank making the financial transaction.

CM-CIC PAYMENT being a technical service provider, it doesn’t support the disputes arising from orders which are processed by HARP as pointed out before, or if necessary by the Customer's bank.

5.4 Archiving the command

The order confirmation is recorded on HARPE registers, themselves stored on a reliable and durable. Customer agrees that the order confirmation do faith and is considered proof of the contractual relationship between the Parties.

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Article 5 - Delivery 

 

HARPE deliver orders accompanied by a delivery within a maximum of ten (10) business days for delivery to mainland France unless provided otherwise indicated to the customer before the order is placed, and twenty (20) working days for delivery to any destination unless otherwise stated indicated to the customer before the order is placed, and from the day following the payment of the order.

In case of exceeding the delivery time, not justified by a case of absolute necessity, the Customer may request the cancellation of the sale and get within a maximum period of 30 (thirty) days of the refund of amounts paid in connection with the sale.

For orders outside France, when the package for export to succeed, it will be up to the recipient to pay taxes or customs duties which apply to the destination country. Local authorities can provide information useful. Returns for exchange or refund of the article or ordered on harpe-paris.com for countries outside France, additional taxes may be applied to Customs and are your responsibility. They will be deducted from your order if Sarl Femininity is forced to pay instead of the client.

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Article 6 - Acceptance of order - claims - returns 

 

The Customer must check the conformity of products received under his command at the time of delivery. Any anomaly concerning the delivery such as:

  • Damaged package,
  • Missing products,
  • Deteriorated products

Subject to the above conditions recalled, HARP VAT refund the amount of the order to the Customer (price of the returned product, or product price and when ordering delivery fee returned in full) excluding cost of return. The Client's bank account will be credited such amount within thirty (30) days from receipt of the Products by HARPE.

Products not complying with the order,

Must be notified within the legal deadline following receipt of the order.

This notification will be sent to the site customer service HARP either: - by registered mail, by writing to the following address:

HARPE Féminité
32 rue de Cléry
75002
Paris

 By email at contact@harpe-paris.com. After this time, unless defect, no claim will be accepted by HARP, the products then being deemed compliant.

 For any return of non-conforming product, the Customer must comply with the following procedure: the Customer must attach to the package the right of return previously completed and printed using the feedback form accessible from the account - Section "My Orders". No returns will be accepted without such purchase right of return.

 Products must be returned in their original packaging with labels and any accessories for their new marketing, to the following address:

HARPE Féminité
32 rue de Cléry
75002
Paris
 

In case of incomplete or damaged return, the refund will not be accepted.

Risk and return costs are the sole responsibility of the Customer. When non-compliance has been established, HARPE propose to the Client is:

The replacement of the Product(s) in charge of HARPE, or refund of the price of the order (Product prices excluding shipping costs) without the cost of return of nonconforming product up to the fee schedule (delivery Colissimo not recommended) displayed by Colissimo and Colissimo International March 1 of the current year, at the latest within thirty (30) days from the mailing date of the notification of confirmation of non-compliance customer Service Site HARPE.

In case of refund, HARP will ensure the reimbursement of all non-compliant products made without the shipping costs, excluding taxes and customs duties paid by the customer upon delivery. Returns against refunding are not accepted. Upon receipt of a non-conforming article, HARP does not support the reimbursement of postal return in the amount of the fee schedule (without delivery Colissimo recommended) displayed by post March 1 of the current year . The Customer may not carry its justification return costs incurred to Customer Service by email or mail. If abnormal or abusive claims, HARP may refuse to serve a further order.

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Article 7 -  Right of retractation 

 

The Customer has a period of seven (7) business days of the order date of receipt to return the Products ordered, without justification or penalty. For any return under the right of withdrawal, the following procedure should be fully respected:

Customer must attach to the package the right of return previously completed and printed using the feedback form accessible from the account - Section "My Orders". No returns will be accepted without such purchase completed return.

Subject to the above conditions recalled, HARP VAT refund the amount of the order to the Customer (price of the returned product, or product price and when ordering delivery fee returned in full) excluding cost of return. The Client's bank account will be credited such amount within thirty (30) days from receipt of the Products by HARPE.

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Article 8 -  Limitation of liability 

 

Placing an order on the Site implies knowledge and acceptance of procedures on the Internet in particular as regards technical performance, response times, connection, interrogations or transfers of information, risk of blackout, the risk of contamination by viruses circulating on the network and in general all the risks associated with the use of the Internet.

HARPE therefore can not in any way be liable for any direct or indirect damage resulting from misuse or incidents related to the use of the computer for Internet access, maintenance or malfunction of servers, telephone line or any other technical connection, the client connection to the website is doing under his own responsibility.

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Article 9 - Major force 

 

HARPE will not be liable for the total or partial non-performance of its obligations under the order placed by the Client, if such non-performance is caused by an event of force majeure as defined by the law positive. In such a case, HARPE  notify the Customer of the occurrence of such an event within 3 (three) days following its occurrence, by email.

After a period of 1 (one) month, and assuming or constitutive event of a force majeure persists, the order will be canceled and will, where appropriate, subject to repayment on HARPE the credit card used to place the order within a maximum 30 (thirty) days.

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Article 10 - Applicable law

 

If any of the terms of these Terms and Conditions was invalid, illegal or unenforceable by a court decision, the remainder of these Conditions of Sale will remain in effect.

The Terms and Conditions are executed and interpreted according to French law. If the customer disputes addressed by priority HARPE for an amicable solution and failing agreement, the ordinary courts will have jurisdiction.

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Article 11 - Guarantees

 

All products for sale on the Website have the legal guarantee of conformity provided for in Articles L. 211-1 and following of the Consumer Code and the guarantee against hidden defects provided by Article 1641 of the Civil Code, allowing the user to return the non-conforming or defective Products delivered. 

Article L. 211-5 of the Consumer Code:

"To comply with the contract, the product must:

1. Be suitable for the purpose usually of a similar property and, where applicable: - correspond to the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model ;

- The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

2 °. Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted. "

Article L211-12 of the Consumer Code: "Action resulting from lack of conformity lapses two years after delivery of the goods. 

Article 1641 of the Civil Code: "The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer the would not have acquired, or would have paid a lower price if he had known. " 

1648 article 1 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect. "

Any guarantee is however excluded in case of misuse, neglect or lack of maintenance on the part of the user, as in the case of normal wear and tear, accident or force majeure and HARP warranty is limited to the replacement or refund of non-conforming products or given a vice.

Products sold on the Website comply with the regulations in force in France. Responsibility for HARP can not be held liable for non-compliance with the legislation of other countries it is for the user to check.

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Article 12 -  Liability 

1. Capacity

Any User buying one or more product (s) on the Website must be at least 18 years old and be legally able to enter or holds parental permission to place an order on the Website.

2. Limitation of Liability

HARPE has all the order taking steps and for the steps after the conclusion of the contract an obligation of result. However, the responsibility for HARP could not be committed if the breach of its obligations would be due to the User, to an unforeseeable and insurmountable third contract, or to a force majeure in accordance in Article L. 121-20-3 of the consumer Code. Similarly, the responsibility for HARPE not be engaged for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or presence of computer viruses.

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Article 13 - Data protection

 

HARPE was an electronic file that identifies certain personal data about its customers. In an order made on the Website by any new customer, this database will be enriched with information concerning him, that will subsequently to better meet their expectations and facilitate assistance services provided by HARPE.

In the event that the client consent to disclose personal data of a personal nature, it would then have access to the individual right of withdrawal, scheduled rectification by law and may in this regard to remove the information regarding who would not more relevant, by sending a written request to HARPE: contact@harpe-paris.com

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Article 14 - Intellectual property

 

All elements of the Website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Similarly, trademarks, logos and designs appearing on the Website are the exclusive property of HARP. Their disclosure shall in no way be construed as granting any license or right to use any of the trademarks and distinguishing elements protected by copyright. They can therefore be used, the risk of imitation. The photographs reproduced on the Website are the work of Emmanuel Fauque who have consented to the use by HARPE Thus, no material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way whatsoever.

However, it is possible to download a copy of the documents on a computer for personal use of the User and only for non-commercial purposes, provided that the user does not modify the information contained and it keeps intact all copyright and other proprietary notices. The modification of these documents or their use for another purpose constitutes an infringement of the intellectual property right of HARP.

The User who has a personal Internet site and wishes to place, for personal use, on its website a direct link to the home page of the Website, must request permission to HARPE . It will in no way an implicit agreement of affiliation.

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Article 15 - General 

 

1. Partial invalidity

If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions will remain in full force and effect.

2. No Waiver

The failure of either party not to avail themselves to the other Party of a breach of any obligations contained within the present Terms and Conditions shall be construed in the future as a waiver obligation.

3. Duration

The General Conditions apply throughout the posting period of the Products offered for sale by HARP until after periods of contractual and legal guarantees. In any event the clause "Liability" will survive termination of the Terms.

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Article 16 - Language law and jurisdiction 

 

These Conditions are written in French. In case they are translated into one or several languages, only the French text would prevail in case of dispute.

The General Conditions are subject to French law. The competent court in cases of dispute will be the defendant's place of residence or, at the applicant's place of actual delivery of the Product

The website complies with French legislation and in no case HARPE gives no guarantee of compliance with local laws would apply to you, whenever you access the Website from other countries.

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