GENERAL TERMS AND CONDITIONS OF ONLINE SALE OF THE HARCOUR COMPANY
(Applicable from 5 May 2022)
HARCOUR, a simplified joint-stock company (SAS) under French law with a capital of 350,000 Euros, registered in the MANS Trade and Companies Register under number 803 536 283, whose head office is 22 Rue des Chardons - ZA de l' Épine - 72460 Savigné-L'Évêque, France (hereinafter referred to as "HARCOUR") publishes the website located at the URL address www.harcour.fr (hereinafter referred to as the " Site" ).
HARCOUR sells clothing and other fabric accessories related to the equestrian field, both to professionals and consumers (via this Site). HARCOUR is notably the holder of the French and Community trademark “ harcour ” ®.
These General Conditions define the terms and conditions for the online sale of Products concluded between HARCOUR and the Consumer Customer, making a purchase on the Site for delivery exclusively in France and Europe.
ARTICLE 1: GENERAL PRINCIPLES
These General Conditions of Sale (hereinafter "GTC") are written in French in their original version which alone is authentic and prevails over any other version. They apply to the exclusion of all other conditions.
These General Conditions of Sale are systematically accessible by the Customer on the Site before any order and at the time of validation/registration of the order.
The Customer declares to have read and accepted the following provisions before placing an order for the Products by ticking the box "I have read the General Conditions of Sale and accept them without reservation". Consequently, placing an order on the Site implies the Customer's full and unreserved acceptance of these General Terms and Conditions of Sale.
The CGV in force are those posted on the Site on the day of the order. HARCOUR reserves the right to adapt, modify or update the T&Cs at any time. In case of adaptation, modification or update, will be applied to each order, the CGV in force on the day of placing the order.
The fact that HARCOUR does not exercise, at any time, a prerogative recognized by these GTC, or of not requiring the execution of any stipulation of the agreement resulting from the said GTC can in no case be interpreted, nor as a modification of the contract, nor as an express or tacit waiver of the right to exercise the said prerogative in the future, or the right to require the scrupulous execution of the commitments entered into herein.
ARTICLE 2: LEGAL MAJORITY AND CAPACITY
The Customer declares to be legally capable of concluding this contract, comprising in particular these GCS, that is to say for the consumer, to be of legal majority in his country, to be 18 years old and not to be under guardianship or curatorship.
ARTICLE 3: CUSTOMER ACCOUNT
To place an order on the Site, the Customer must hold a Customer Account.
The creation of his account by the Customer can be carried out by clicking on the button provided for this purpose on the Site or at the latest during the first order placed on the Site.
For the creation of his account, the Customer is in particular asked to indicate:
• A username e-mail address .
• His surname and first name, date of birth, postal address, e-mail address and telephone number (mobile or landline).
A password will be generated by the Site system when creating the Customer account.
The username and password are personal to the Customer and must be entered by the latter each time they connect to their Customer Account;
At the end of the creation of his account, a confirmation e-mail will be sent to the Customer on the e-mail address which he will have previously indicated.
The Client is responsible for the information he transmits. Failure to provide these elements may make the sale and its execution impossible.
The Client may update the information concerning him by connecting to his Client Account, and is solely responsible for the updates he may make as well as the consequences of the communication of erroneous information concerning him, in particular on the execution of his order (e.g. an impossible delivery).
HARCOUR will automatically and without compensation deactivate the Customer Account following non-compliance with the General Conditions by the Customer or in the event of fraudulent acts by the latter.
In the event of non-compliance by the Customer with these conditions, the deactivation of the account will only take place after the sending of a formal notice which has remained without effect for more than 30 days.
The Customer may at any time and without reason request the deactivation of his account:
• or by registered letter with acknowledgment of receipt to the following address:
HARCOUR, 22 Rue des Thistles - ZA de l'Épine - 72460 Savigné-L'Évêque, France
• or by e-mail to the following address: client@harcour.fr.
HARCOUR undertakes to deactivate the Customer's account within a maximum period of 15 calendar days from receipt of the Customer's request to this effect.
ARTICLE 4: ATTENTION / CUSTOMER DECLARATION
The Customer is responsible for his choice of Products from the ranges of Products offered by HARCOUR and must check the size of the Products in accordance with his needs. Regarding clothing, HARCOUR presents on its Site tables of sizes and concordances. It is up to the Customer to refer to it before choosing the Product and finalizing his order.
The Customer must in particular take care to use the Product in accordance with its use and its nature and maintain it according to usage and common sense.
ARTICLE 5: ORDER
The Customer places his order from the online catalog of Products accessible on the Site and by following the ordering process provided and indicated on the Site.
Any online order implies acceptance of prices and Products.
Once his order has been completed, the Customer has the possibility of checking the Products ordered and the total price of his order through a summary screen. He can, if necessary, modify this order.
Once his order has been verified, the Customer validates and finalizes it by clicking on the “PAY MY ORDER” button and following the procedure provided for this purpose on the Site.
This action is assimilated to the handwritten signature referred to in articles 1174, 1359 and following of the Civil Code and to the conclusion of a commitment in electronic form within the meaning of articles 1128 and following of the Civil Code. From this action:
• the Customer confirms his order and declares to accept it, as well as the entirety of these General Conditions fully and without reservation, and;
• the order is considered as final on the part of a Customer and can only be questioned by the latter in the cases limitedly provided for by law and herein.
Once the order has been finalized, an e-mail acknowledging receipt of the order and containing all of this information will be automatically sent to the Customer as soon as possible by HARCOUR. This acknowledgment of receipt constitutes confirmation of the Customer's order, subject to the availability of the Products and the actual collection of the price of the Products by HARCOUR.
ARTICLE 6: AVAILABILITY OF PRODUCTS
HARCOUR undertakes to honor online orders only within the limits of available stocks. The Customer is informed of this possible unavailability via the Site.
By way of exception, if such information is not presented, and in the absence of Product availability, HARCOUR undertakes to inform the Customer as soon as possible by e-mail or by telephone to indicate the envisaged period within which the Products may be available.
The Customer then has the option:
• either to wait until the delivery date, the deadline for which will be specified;
• or to cancel his order. In this case and if the price has already been paid, HARCOUR proceeds to the immediate reimbursement of the price, without interest or compensation, using the same means of payment as that used by the Customer.
ARTICLE 7: DELIVERY
The Customer's order will be delivered to the place that the latter has indicated during the ordering process.
Unless otherwise indicated on the Site and subject to the availability of the Products, the Products will be dispatched for their delivery within 5 to 7 days from the validation of his order by the Customer on the Site.
HARCOUR cannot under any circumstances be held liable in the event of delay and/or non-delivery due to a false or erroneous address or to which delivery proves to be impossible. In this case, all costs incurred for the reshipment of the order will be entirely the responsibility of the Customer.
Similarly, HARCOUR cannot be held liable for any delay or failure to receive due to a case of force majeure – as stipulated in the article entitled “FORCE MAJEURE” or fault on the part of the Customer.
In any case, in the absence of delivery within 20 days of the order, the Customer may terminate the contract by registered letter with acknowledgment of receipt. The contract will be considered resolved upon receipt by HARCOUR of this letter, unless it has been performed in the meantime; the sums paid by the Customer will then be reimbursed to him without interest or compensation at the latest within 14 days following the date on which the contract was terminated.
The Customer is required to personally ensure receipt of the Products ordered at the agreed place of delivery. To do this, the Customer must be provided with a document proving his identity.
In the event of the absence of the Customer or his agent during delivery, a delivery notice will be left. In this case, the carrier may indicate a new date of passage, invite the Customer to contact him to agree on a new passage, or it will be up to the Customer to collect the Product from the places and within the time limits which are referred to in the 'calling card.
In the event of exceeding the deadlines or in the absence of a new delivery date agreed with the Customer, the Products will be returned to HARCOUR and it will be up to the Customer to contact HARCOUR's Customer Service for a possible reshipment of the Products. .
HARCOUR cannot under any circumstances be held responsible in the event that the Customer or his agent is not present to receive the Products ordered or if a new delivery date is not determined with the carrier. In this case, the costs that may be incurred for this new delivery will be fully borne by the Customer.
Each delivery is deemed to have been made as soon as the Product is handed over to the Customer or its agent, materialized by the system used by the carrier if necessary.
It is the Customer's responsibility to check the condition of the Products on the day of their receipt and to formulate any dispute, reservations or refusal on the carrier's delivery slip, specifying precisely the reason for the reservation formulated (eg: carton of damaged packaging, missing or damaged product). In the event of damage or missing items, the Customer must refuse delivery.
In such a case, the Customer must, within 48 hours, send HARCOUR an e-mail indicating his dispute, his refusal, his reservations. The internet address to use is as follows: client@harcour.fr
Failure to comply with these rules may result in the refusal of the returned Product(s).
ARTICLE 8: PRICE
The Products are sold according to the current price mentioned on the Site on the day of their order by the Customer. The prices are indicated in euros and include all taxes, the applicable VAT being that in force at the time of invoicing.
The delivery costs of the Products will be invoiced in addition and clearly indicated when ordering, before the validation of the order by the Customer.
Express deliveries (within 48 hours of the day of the order) are subject to an increased delivery price.
For orders to be delivered outside the European Union, the Customer is invited to contact HARCOUR by telephone who will study the possibility of the sale and, if possible, draw up an estimate for the shipment.
The costs and delivery methods will be indicated to the Customer at the time of his order, it being up to him to make his choice among those of his preference.
HARCOUR reserves the right to modify the selling prices of the Products and the delivery conditions on the Site at any time.
The applicable price will be that in force on the day of the Customer's order. It is specified that in case of modification of the price after the date of the order, this new price will not apply to the latter.
The price of the Products is in any case indicated at the end of the online order on the Site, before its validation by the Customer.
Promotional offers are only valid within the double limit of the period of validity of the offer concerned and available stocks.
ARTICLE 9: PAYMENT
The Customer pays for his order using one of the payment methods offered (bank card via PayPlug , bank card in 3X free of charge with Oney, PayPal) and according to the procedure provided for this purpose.
The payment cards accepted to date are: Carte Bleue, VISA card and MASTERCARD card.
In the event of payment by credit card, the Customer provides the 16-digit number of his credit card associated with its expiry date as well as the last three digits of the cryptogram appearing on the back of his credit card.
When the bank details are validated, the secure remote payment manager sends an authorization request to the bank card network.
The online payment manager issues an electronic certificate.
The electronic certificate issued by the telepayment manager will serve as proof of the amount and date of the transaction. In this regard, the dates and times of the server will prevail between the Parties.
The Customer guarantees that he is fully authorized to use the payment card provided for the payment of his order and that this card gives access to sufficient funds to cover all the costs resulting from this order.
The validation of his order by the Customer by means of his payment automatically generates an invoice.
The obligation to pay is fulfilled insofar as the bank payment centers concerned have given their agreement. In the event of refusal by the said centers, the order will be automatically canceled and the Customer sent back to the Site to place a new order, if necessary.
Said invoice is sent to the Customer by e-mail to the e- mail address indicated.
Payment in 3X FREE is also offered on this site; Payment of your order in 3 instalments by Bank Card from purchases of €100 and up to €3,000 with Oney Bank. More information on this service here: https://www.payplug.com/hubfs/CGV%20PayPlug%20Oney%20pour%20CGV%20site%20marchand.pdf
Payment can also be made by PayPal account.
If the payment method selected by the Customer is not possible, in particular due to too low a bank account balance or incorrect bank details, the Customer is responsible for all costs incurred by the intervention of a third party to resolve the payment.
HARCOUR owns the rights to use a third party to transfer payments.
If payment is delayed, HARCOUR may engage a debt collection agency and transfer all personal data to complete payment.
In the event that a third party is engaged to make the payment, the transfer of payment is completed only if the payment stipulated by the third party is paid in full, so that the third party can transfer this money without reservation from HARCOUR.
If the method of payment chosen by the Customer is not possible, even being offered by HARCOUR in accordance with the contract, and this due to a lack of income on the Customer's account or the transmission of incorrect data, the Customer must reimburse HARCOUR and/or the third party mandated by HARCOUR to control the payment of the costs incurred.
By “payment”, it is meant that HARCOUR collects the sums due to it and not the delivery of the means of payment. No compensation can take place between reciprocal claims unless it has been previously accepted in writing by HARCOUR. Under no circumstances may a dispute or a claim allow the Customer to suspend payment.
ARTICLE 10: RIGHT OF WITHDRAWAL
Pursuant to Articles L.221-18 and following of the Consumer Code, the Customer has a withdrawal period of 30 clear days from the date of receipt of the Products ordered.
To exercise his right of withdrawal for the purchase of Products, the Customer must, within the period indicated above, submit his request for return to HARCOUR; this request is made on the site www.harcour.fr, in his personal space, from the page retracing the details of his order; the process is explained in a page accessible from the link "Withdrawal procedure - product return" located in the footer menu of the site.
The Customer must return the Products to HARCOUR at the latest within 30 days of the communication of its decision to withdraw, in their perfect condition and original packaging, without any trace or mark, still labeled, with all possible accessories ( including any notices or documents explaining or presenting the HARCOUR warranty), accompanied by a duplicate invoice.
The consumer's liability can only be incurred in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 2° of article L. 221-5. The use of the Product beyond the simple test, comes to depreciate the Product.
Only the risks and costs of returning the products remain the responsibility of the Customer, except for depreciation of the Product.
If all of the conditions required for the return of the Products are not met, HARCOUR may deduct from the sums to be reimbursed, where applicable, a share of the sale price corresponding to the sale price of the missing Products, as well as the repair, replacement and/or restoration of any damaged/depreciated Products.
If all the conditions required for the return of the Products are met, HARCOUR undertakes to exchange the product(s) concerned as far as possible and if such was the wish of the customer, or else to reimburse the Customer within a period of 14 days from receipt of the products. In all cases, HARCOUR is entitled to defer reimbursement until effective recovery of the Products.
Reimbursement is made directly to the Customer's bank account, using the same methods as those used to pay for the Products in question, unless the Customer expressly agrees to the use of another means of payment.
ARTICLE 11: LIABILITY - GUARANTEES
HARCOUR is bound by the legal guarantees in force, namely the legal guarantee of conformity (articles L.217-4 and following of the Consumer Code) and the legal guarantee against hidden defects provided for in articles 1641 and following of the Civil Code.
When acting as a legal guarantee of conformity, the Customer:
• benefits from a period of 2 years from delivery of the Product to act;
• can choose between the repair or the replacement of the Product. HARCOUR may nevertheless not proceed according to the Customer's choice when this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the Product or the importance of the defect.
• is exempted from providing proof of the existence of the lack of conformity of the Product for 24 months from the delivery of the Product.
However, the guarantee of conformity does not apply if:
• the Customer was aware of the defect at the time of purchase;
• the Customer could not have been unaware of the defect at the time of purchase (for example, if the seller informed you of it);
• the defect results from materials added or supplied by the Customer.
Any Product return must be subject to the express agreement of HARCOUR. It will give rise to the repair or replacement of the Product concerned, after qualitative and quantitative verification of the returned Product. The costs and risks of the return remain the responsibility of the Customer if the non-compliance is not proven.
Items must be returned by the Customer under the following conditions:
• in their original packaging;
• complete (accessories, manuals, etc.);
• neither damaged nor deteriorated;
• accompanied by the corresponding original invoice.
In general, HARCOUR's liability can only be incurred in the event of proven fault on its part. In such a case, its liability is limited to direct, personal and certain damages that the Customer has suffered, with the express exclusion of compensation for any indirect and immaterial damages and/or losses, such as financial losses, damage to the picture, etc.
In any case, HARCOUR declines all responsibility for the fact in particular:
• normal wear and tear of the Products, in particular related to their use;
• use that does not comply with the use for which the Product is intended;
• damage or accidents resulting from negligence, lack of supervision or maintenance or improper use;
• damage resulting from modifications, incorporation or association of the Product;
• damage resulting from a breach of the recommendations for use of the Products mentioned in the Product description, communicated by any means by HARCOUR and/or specific regulations relating to the Products sold.
• malicious acts of the Customer or third parties.
The shades and colors of certain Products may vary slightly depending on the manufacture and depending on their aging over time. Consequently, HARCOUR cannot guarantee the shade, the color in relation to a visual presentation of the products.
Finally, HARCOUR cannot be held liable for damage, temporary or permanent, caused to the Customer's computer system or for any loss or damage that may be suffered in particular following access to or browsing on the Site.
The transmission of data via the Internet may lead to the appearance of errors and/or the fact that the Site is not always available. Consequently, HARCOUR cannot be held responsible for the availability and interruption of the online service.
ARTICLE 12: FORCE MAJEURE
In the event of the occurrence of a case of force majeure preventing the performance of the obligations by HARCOUR, the contract will be immediately suspended, from the notification made by HARCOUR to the Customer. Similarly, HARCOUR will inform the Customer of the cessation of this event and the performance of the contract will resume immediately on the date of this notification.
A case of force majeure is considered to be any event beyond the control of HARCOUR, which could not reasonably have been foreseen when the contract was concluded, the effects of which cannot be avoided by appropriate measures, and which prevents the execution of its obligation by the debtor.
In addition to the cases usually retained by French case law as being cases of force majeure, it is agreed to consider as such the following events insofar as they are likely to hinder the performance of the contract: fire, storm, flood, earthquake of land, total or partial strikes, internal or external to the company, lockout of the company, disruption of means of transport or lines of communication, failure of the carrier, acts of government, modifications of the regulations applicable to the present General Conditions of Sale or Products.
If such an event were to continue beyond a period of one consecutive month after the date of its notification by HARCOUR to the Customer, the contract will be considered automatically terminated. Any sums received by HARCOUR before this date would then be reimbursed to the Customer.
ARTICLE 13: INTELLECTUAL/INDUSTRIAL PROPERTY
The HARCOUR trademarks and the design of the HARCOUR Products are the exclusive property of the latter and a sale does not constitute a license to use these rights or titles.
The plans, patterns and studies carried out by HARCOUR for the manufacture of its Products are always the property of the latter and are the subject of an intellectual property right and/or an industrial property right which undertakes to respect the customer.
ARTICLE 14: PERSONAL DATA
As part of the registration and execution of his order, the Customer is required to provide personal information.
All information provided during visits to the Site is strictly confidential.
The purpose of collecting personal data is to enable HARCOUR to ensure the proper processing of Customer orders on the Site, to allow Customers to create their personal account on the Site. The information thus provided by the Customer determines in particular the proper delivery of the Products ordered on the Site.
This data may also be used by HARCOUR to send the Customer e-mails and information in order to inform him of his news and promotional offers.
It is understood that this data may be transmitted to HARCOUR's subcontractors directly involved in the execution of the order or, where applicable, to HARCOUR's partners.
HARCOUR undertakes to scrupulously comply with law n° 78-17 of January 6, 1978 relating to "computing, files and freedoms", as amended by law n° 2004-801 of August 6, 2004.
The collection and processing of this data has been declared to the CNIL.
HARCOUR informs the Customer that he has, in accordance with this law, a right to access, rectify and delete data concerning him. The Customer may exercise this right by sending a request to this effect to HARCOUR.
The Customer may also refuse to receive these information e-mails by sending a request to this effect to HARCOUR.
ARTICLE 15: APPLICABLE LAW - MEDIATION AND DISPUTE
All HARCOUR sales are subject exclusively to French law, except for provisions of public order.
In accordance with Articles L. 611-1 et seq. of the Consumer Code, the Customer has the option of directly resorting to a conventional mediation procedure for any dispute that may arise with HARCOUR.
To this end, the Customer may use the service of the following mediator appointed by HARCOUR:
Consumer mediation CAMMA • CENTER ANJOU MAINE MEDIATION AND ARBITRATION (49 – 53 – 72)
To use this mediation procedure, the Customer must first send their complaint to HARCOUR by registered letter with acknowledgment of receipt.
In the absence of a satisfactory response from HARCOUR within one month, the Customer may contact the mediator indicated above according to the procedures provided by the latter. This mediation is free for the Client, with the exception of any lawyers' or expert's fees which will remain at his expense.
In accordance with Article L. 611-2 of the Consumer Code, the dispute cannot be examined by the mediator when:
• the Customer does not justify having tried, beforehand, to resolve his dispute directly with HARCOUR by a written complaint according to the methods provided for, where applicable, in the contract,
• the request is manifestly unfounded or abusive,
• the dispute has been previously examined or is being examined by another mediator or by a court,
• the Customer has submitted his request to the mediator within a period of more than one year from his written complaint to HARCOUR,
• the dispute does not fall within its jurisdiction.
Furthermore, in accordance with Article L. 616-2 and Article 14 of European Regulation No. 524/2013 relating to the online settlement of consumer disputes, the Customer has the possibility of using the online mediation system offered by the Online Dispute Resolution platform by connecting to the following link: https://webgate.ec.europa.eu.
The dispute may also be brought directly or, failing resolution, within the framework of mediation, before the competent Court in application of the rules of jurisdiction in force.
ARTICLE 16: MANDATORY INFORMATION FOR CONSUMER CUSTOMERS
Article L.217-4 of the Consumer Code:
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L.217-5 of the Consumer Code:
To be in conformity with the contract, the good must:
1° Be suitable for the use usually expected of a similar item and, where applicable:
• correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
• present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L.217-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code:
The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.
Article 1648 of the Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
ARTICLE 17: LEGAL NOTICES
Identification of the seller: HARCOUR
share capital : €350,000
SIRET number: 803 536 283 00028
Intra-community VAT number: FR 72 803536283
For any question or complaint relating to the Products, their order, their personal data, their right of withdrawal, the application of the Product warranty, the Customer may contact HARCOUR at the following coordinates:
22 Rue des Thistles - ZA de l'Épine - 72460 Savigné-L'Évêque, France
e-mail : client@harcour.fr / telephone: +33 9 72 12 53 03
The Director of publication is Mr. William BENGUIGUI as President of the company EASY TRADE France, President of HARCOUR.
The Site is hosted by OXATIS, a public limited company with a management board with capital of €1,437,843.00, RCS Marseille B 438 824 708 00053, APE code 5829C, VAT number: FR3038824708
Head office: OXATIS, 171 BIS CHEMIN DE LA MADRAGUE VILLE 13002 MARSEILLE
WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from your order placed on harcour.com – except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of HARCOUR – customer service – 22 Rue des Chardons - ZA de l'Épine - 72460 Savigné-L'Évêque, France
I hereby notify you of my withdrawal from the contract relating to the sale of the property (*) below:
Ordered on ……………………………… ……. . /
Received on ………………………………………………………… ……. . (*)
Order number:
……………………………………………………………………..
Name of consumer(s):
………………………………………………………………..
Address of consumer(s):
………………………………………………………………..
Signature of the consumer(s) (only in case of notification of this form on paper):
Date: ………………………………………………………… ……. .
(*) Strike out the useless mention