GENERAL CONDITIONS FOR SALE ONLINE OF THE HARCOUR SOCIETY
(Applicable from 5 May 2022)
The company HARCOUR, Société par actions simplifié (SAS) under French law to the capital of 350.000 Euros, registered in the Register of Commerce and Companies of MANS under the number 803 536 283, whose registered office is13-17 Rue des Châtaigniers 72190 Sargé-lès-Le Mans , France (hereinafter referred to as "HARCOUR") publishes the website located at URL www.https://harcour.fr/en/ (hereinafter referred to as the "Site").
HARCOUR sells clothing and other accessories in equestrian fabrics to both professionals and consumers (via this Site). The company HARCOUR is in particular the owner of the French and Community trade mark "harcour" ®.
These Terms and Conditions define the terms and conditions for the online sale of the 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 referred to as "CGV") are written in French in their original version, which is the only one that prevails over any other version. They apply to the exclusion of any other conditions.
These General Terms and Conditions of Sale are systematically accessible by the Customer on the Website before any order and at the time of validation/recording of the order.
The Customer declares that he has 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 accepts them without reservation". Consequently, placing an order on the Site implies the Customer's full and unreserved adherence to these Terms and Conditions.
The current Terms and Conditions are those posted on the Site on the day of the order. HARCOUR reserves the possibility to adapt, modify or update the GTCs at any time. In case of adaptation, modification or updating, will be applied to each order, the GTCs in effect on the day of placing the order.
The fact that HARCOUR does not exercise, at any time, a prerogative recognized by these General Terms and Conditions, or that it does not require the performance of any stipulation of the agreement resulting from the said General Terms and Conditions, shall in no case be construed as an amendment to the contract, or as an express or tacit waiver of the right to exercise such prerogative in the future, or the right to demand the scrupulous performance of the commitments entered into herein.
ARTICLE 2: LEGISLATIVE MAJORITY AND CAPACITY
The Customer declares that he is legally capable of concluding this contract, composed in particular of these General Terms and Conditions, i.e. for the consumer, having the legal majority in his country, having reached 18 years of age and not being under guardianship or guardianship.
ARTICLE 3: CUSTOMER ACCOUNT
To place an order on the Site, the Customer must hold a Customer Account.
The Customer's account can be created by clicking on the button provided for this purpose on the Site or at the latest on the first order placed on the Site.
For the creation of his account, the Customer is asked to indicate:
• An identification email address.
• Its surname and first name, date of birth, postal address, e-mail address and telephone number (mobile or fixed).
A password will be generated by the Site system when creating the Client account.
Identifier and password are personal to the Customer and must be provided by the Customer during each connection to his Customer Account ;
Following the creation of his account, a confirmation e-mail will be sent to the Customer at the e-mail address he has previously indicated.
The Customer is responsible for the information it transmits. Failure to supply these items may render sale and enforcement impossible.
The Customer can update the information about him by logging in to his Customer Account, and is solely responsible for the updates that he can make and the consequences of the communication of incorrect information about him, particularly on the execution of his order (e.g. an impossible delivery).
HARCOUR will proceed automatically and without compensation to the deactivation of the Customer Account as a result of the Customer's failure to comply with the Terms and Conditions or in the event of the Customer's fraudulent actions.
In the event that the Customer fails to comply with these conditions, the deactivation of the account will occur only after the sending of a notice of formal notice has not been effective for more than 30 days.
The Customer may at any time and without reason request the deactivation of his account:
• by registered letter with acknowledgement of receipt at the following address:
HARCOUR, HARCOUR13-17 Rue des Châtaigniers72190 Sargé-lès-Le Mans (France)
• by e-mail to: [email protected].
HARCOUR undertakes to disable the Customer's account within a maximum period of 15 calendar days from the receipt of the Customer's request in this regard.
ARTICLE 4: CUSTOMER ATTENTION / DECLARATION
The Customer is responsible for choosing Products from the range of Products offered by HARCOUR and must verify the size of the Products in accordance with their need. With regard to clothing, HARCOUR presents on its website tables of sizes, matches. It is up to the Customer to refer to it before choosing the Product and finalise its order.
In particular, the Customer must ensure that the Product is used in accordance with its use and nature, and maintain it according to usage and common sense.
ARTICLE 5: ORDER
The Customer makes his order from the online catalogue of Products available on the Site and following the order process specified on the Site.
Any online order is valid for acceptance of prices and Products.
Once the order has been completed, the Customer has the opportunity to check the Products ordered and the total price of his order through a summary screen. It may, if necessary, modify this command.
The Customer's verified order is validated and finalized by clicking on the "PAY MY ORDER" button and following the procedure provided for this on the Site.
This action is treated as the handwritten signature referred to in articles 1174, 1359 et seq. of the Civil Code and the conclusion of an undertaking in electronic form within the meaning of articles 1128 et seq. of the Civil Code. From this action:
• the Customer confirms his order and declares that he accepts it, as well as all of these Terms and Conditions fully and without reservation, and ;
• the order is considered final on the part of a Customer and can only be called into question by the Customer in the cases provided for by the Law and the present.
Once the order has been finalized, an e-mail acknowledging receipt of the order and containing all this information will automatically be sent to the Customer as soon as possible by HARCOUR. This acknowledgement of receipt shall constitute confirmation of the Customer's order, subject to the availability of the Products and the actual receipt of the price of the Products by HARCOUR.
ARTICLE 6: AVAILABILITY OF PRODUCTS
HARCOUR undertakes to honour orders online 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 availability of the Product, HARCOUR undertakes to inform the Customer as soon as possible by e-mail or telephone to inform him of the envisaged period within which the Products may be available.
The Customer then has the faculty:
• to wait until the date of delivery, the period of which shall be specified ;
• or cancel your order. In this case and if the price has already been paid, HARCOUR shall immediately refund 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 in the place that the Customer has indicated during the order process.
Unless otherwise indicated on the Site and subject to the availability of the Products, the Products will be shipped for delivery within 5 to 7 days from the validation of its order by the Customer on the Site.
HARCOUR cannot under any circumstances be held liable in the event of delay and/or failure to deliver because of a false or erroneous address or to which delivery would prove impossible. In this case, all costs incurred for the shipment of the order will be borne entirely by the Customer.
Similarly, HARCOUR will not be liable for any delay or failure to receive due to force majeure – as stipulated in the article entitled "FORCE MAJEURE" or a fault of the Customer.
In any event, in the absence of delivery within 20 days of the order, the Customer may terminate the contract by registered letter with acknowledgement of receipt. The contract will be deemed to be resolved upon receipt by HARCOUR of this letter, unless it has been executed in the meantime; the amounts paid by the Customer will then be refunded to him without interest or compensation no later than 14 days after 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. In order to do so, the Customer must be provided with a document justifying his identity.
In case of absence of the Customer or his representative during delivery, a notice of passage 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 withdraw the Product at the place and within the time specified in the notice of passage.
In the event of a delay or in the absence of a new date agreed with the Customer, the Products will be returned to HARCOUR and it will be up to the Customer to contact the Customer Service of HARCOUR for possible reshipment of the Products.
HARCOUR cannot under any circumstances be held liable in the event that the Customer or his agent is not present to receive the Products ordered or of the absence of a determination of a new date of passage with the carrier. In this case, the costs that may be incurred for this new delivery will be borne by the Customer in full.
Each delivery shall be deemed to be made as soon as the Product has been delivered to the Customer or his representative, as provided by the system, if any, used by the carrier.
It is the responsibility of the Customer to verify the status of the Products on the day of their receipt and to formulate any objections, reservations or refusals on the carrier's delivery note, specifying precisely the reason for the reservation formulated (e.g. damaged packaging carton, Missing or damaged product). In case of damage or missing goods, the Customer must refuse delivery.
In such a case, the Customer must, within 48 hours, send to HARCOUR an email indicating his challenge, his refusal, his reservations. The internet address to use is: [email protected]
Failure to comply with these rules may result in refusal of the returned Product(s).
ARTICLE 8 : PRICES
The Products are sold according to the price in force mentioned on the Site on the day of their order by the Customer. Prices are shown in euro and include all taxes, with VAT applicable at the time of invoicing.
The delivery costs of the Products will be invoiced in addition and clearly indicated at the time of the order, before 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 in case of possibility, will draw up a quotation relating to the shipment.
The costs and methods of delivery will be indicated to the Customer at the time of his order, at the expense of making his choice among that of his preference.
HARCOUR reserves the right to modify on the Site its selling prices of the Products and the terms of delivery at any time.
The applicable price will be that in effect on the day of the Customer's order. It is specified that if the price is changed after the date of the order, the 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.
Promotion offers shall be valid only within the limit of the validity of the offer concerned and the stocks available.
ARTICLE 9: PAYMENT
The Customer makes the payment of his order according to one of the methods of payment offered (bank card via PayPlug, 3X credit card without charge with Oney, PayPal) and according to the procedure provided for this purpose.
Payment cards accepted to date are Blue Card, VISA Card and MASTERCARD Card.
In case of payment by credit card, the Customer provides the 16-digit number of his credit card associated with his expiry date and the last three digits of the cryptogram on the back of his credit card.
When bank details are validated, the secure telepayment manager sends a request for authorization to the credit card network.
The telepayment manager issues an electronic certificate.
The electronic certificate issued by the telepayment manager will constitute proof of the amount and date of the transaction.In this regard, the dates and times of the server will be authentic between the Parties.
The Customer guarantees that he is fully entitled to use the payment card provided for the payment of his order and that this card gives access to sufficient funds to cover all 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 to the extent that the bank payment centres concerned have given their consent. In case of refusal of the said centres, the order will be automatically cancelled and the Customer returned to the Site to place a new order if necessary.
Said invoice is sent to the Customer by email to the email address indicated.
3X WITHOUT FRAIS payment is also available on this site; Payment of your order in 3 times by Bank Card from 100€ purchase and up to 3000€ with Oney Bank. More information about this service here: https://www.payplug.com/hubfs/CGV PayPlug Oney for CGV merchant site.pdf
Payment can also be made by PayPal account.
If the payment method selected by the Customer is not possible, in particular due to a bank account balance that is too low or incorrect banking data, the Customer is responsible for all costs incurred by a third party to resolve the payment.
HARCOUR has the right to use a third party to transfer payments.
If payment is delayed, HARCOUR can hire a debt collection agency and transfer all personal data for payment to be completed.
In the case where a third party is engaged to make the payment, the transfer of the payment is completed only if the payment stipulated by the third party is fully paid, so that the third party can transfer the money without reservation from HARCOUR.
If the method of payment chosen by the Customer is not possible, even being proposed by HARCOUR in accordance with the contract, due to a lack of revenue on the Customer's account or the transmission of incorrect data, the Customer must refund HARCOUR and/or the third party mandated by HARCOUR to control the payment, the costs incurred.
Payment" means the collection of the amounts owed by HARCOUR and not the delivery of the means of payment. No compensation may be granted between reciprocal claims unless it has been previously accepted in writing by HARCOUR. In no case may a dispute or a complaint allow the Customer to suspend payment.
ARTICLE 10: RIGHT OF WITHDRAWAL
In application of articles L.221-18 et seq. 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, make his return request to HARCOUR;this request is made on the site www.https://harcour.fr/en/, in his personal space, from the page tracing the details of his order ; the process is explained in a page accessible from the link "Retraction procedure - return products" located in the footer-page menu of the site.
The Customer must return the Products to HARCOUR no later than 30 days after communicating their decision to withdraw, in their perfect condition and original packaging, without any trace or mark, still labeled, with all possible accessories (including any instructions or explanatory documents or presenting the HARCOUR guarantee), accompanied by a duplicate of the invoice.
The liability of the consumer may be incurred only in the event of depreciation of goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of those goods, provided that the trader has informed the consumer of his right of withdrawal, in accordance with Article L. 221-5. The use of the Product beyond the simple test, depreciates the Product.
Only the risks and costs of returning the products remain at the Customer's expense, unless the Product is depreciated.
If all the conditions required for the return of the Products are not met, HARCOUR may deduct amounts to be reimbursed, where applicable, a share of the selling price corresponding to the selling price of the Missing Products, as well as the repair, replacement and/or restoration of the Products which may be degraded/depreciated.
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 the customer so wishes, or to refund the Customer within 14 days of receipt of the products. In any case, HARCOUR is entitled to defer the refund until the Products are actually recovered.
The refund shall be made directly to the Customer's bank account, in the same manner as that used to pay the Products in question, unless the Customer expressly agrees to use another means of payment.
ARTICLE 11: LIABILITY - GUARANTEE
HARCOUR is bound by the legal guarantees in force, namely the legal guarantee of conformity (articles L.217-4 et seq. of the Consumer Code) and the legal guarantee of hidden defects provided for in articles 1641 et seq. of the Civil Code.
When acting as a legal guarantee of compliance, the Customer:
• has two years from the date of issue of the Product to take action ;
• can choose between repair or replacement of the Product. HARCOUR may however not proceed according to the choice of the Customer when this choice entails a cost clearly disproportionate to the other modality given the value of the Product or the importance of the defect.
• is exempt from reporting proof of the non-conformity of the Product for 24 months from the date of issue of the Product.
However, the compliance guarantee does not apply if:
• the Customer was aware of the defect at the time of purchase ;
• the Customer could not ignore the defect at the time of purchase (for example, if the seller informed you) ;
• the defect results from materials that the Customer added or provided.
Any return of the Product must be the subject of an express agreement by HARCOUR. It will result in the repair or replacement of the Product concerned, after qualitative and quantitative verification of the Product returned. The costs and risks of return remain at the Customer's expense if non-compliance is not proven
Items must be returned by the Customer under the following conditions:
• in their original packaging ;
• complete (accessories, records ...) ;
• neither damaged nor damaged ;
• accompanied by the corresponding original invoice.
In general, HARCOUR's liability can only be incurred in the event of proven misconduct on its part. In such a case, its liability is limited to only direct, personal and certain damages which the Customer has suffered to the express exclusion of reparation for any indirect and immaterial damage and/or damage, such as financial damage, damage to the image, ...etc.
In any event, HARCOUR disclaims any responsibility for, inter alia:
• the normal wear and tear of the Products, particularly related to their use ;
• use not in accordance with the use for which the Product is intended ;
• damage or accidents caused by negligence, failure to monitor, maintain or use non-compliant ;
• damage resulting from modifications, incorporation or association of the Product ;
• damages resulting from a failure to comply with 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 colours and colours of some Products may vary slightly depending on the manufacturing process and their ageing over time. As a result, HARCOUR cannot guarantee the colour, colour and visual presentation of the products.
Finally, HARCOUR cannot be held liable for any damage, temporary or permanent, caused to the Customer's computer system or any loss or damage that would be suffered in particular as a result of access or navigation on the Site.
The transmission of data via the Internet may result in errors and/or the fact that the Site is not always available. Therefore, HARCOUR cannot be held liable for the availability and interruption of the online service.
ARTICLE 12: MAJOR FORCE
In the event of the occurrence of a case of force majeure which prevents the performance of the obligations by HARCOUR, the contract will be immediately suspended, following the notification by HARCOUR to the Customer. Similarly, HARCOUR will inform the Customer of the termination of this event and the performance of the contract will resume immediately on the date of this notification.
Any event beyond the control of HARCOUR which could not reasonably be expected at the time of the conclusion of the contract, whose effects cannot be avoided by appropriate measures, and which prevents the debtor from fulfilling its obligation shall be considered a case of force majeure.
In addition to the cases usually accepted by French case law as being cases of force majeure, it is agreed to consider as such the following events in so far as they are likely to impede the performance of the contract: fire, storm, flood, earthquake, strikes, total or partial, internal or external to the undertaking, lock-out of the undertaking, disturbance of means of transport or routes of communication, failure of the carrier, acts of government, amendments to the regulations applicable to these General Conditions of Sale or to Products.
Should such an event be extended beyond a period of one consecutive month after the date of its notification by HARCOUR to the Customer, the contract shall be deemed terminated automatically. The amounts collected by HARCOUR before that date would then be refunded to the Customer.
ARTICLE 13 : INTELLECTUAL PROPERTY / INDUSTRIAL
The marks of HARCOUR, the design of the Products of HARCOUR are the exclusive property of the latter and a sale cannot be regarded as a licence to exploit those rights or titles.
The plans, patterns and studies carried out by HARCOUR for the manufacture of its Products are still the property of the latter and are the subject of an intellectual property right and/or an industrial property right which the Customer undertakes to respect.
ARTICLE 14: PERSONAL DATA
As part of the registration and execution of its order, the Customer is required to provide personal information.
All information provided during visits to the Site is strictly confidential.
The purpose of the collection of 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 shall in particular condition the proper transport of the Products ordered on the Site.
This data can also be used by HARCOUR to send the Customer e-mails and information in order to inform him of his promotional news and offers.
It is understood that such data may be transmitted to subcontractors of HARCOUR directly involved in the execution of the order or, where appropriate, to partners of HARCOUR.
HARCOUR undertakes to comply scrupulously with Law No. 78-17 of 6 January 1978 on "informatics, files and freedoms", as amended by Law No. 2004-801 of 6 August 2004.
The collection and processing of such data was reported to CNIL.
HARCOUR informs the Customer that, in accordance with this law, he has the right to access, rectify and delete the data concerning him. The Customer can exercise this right by applying to HARCOUR.
The Customer may also refuse to receive these information e-mails by sending a request to HARCOUR.
ARTICLE 15: APPLICABLE LAW - MEDIATION AND LITIGE
All sales of HARCOUR are subject exclusively to the French Law except for provisions of public policy
In accordance with articles L. 611-1 et seq. of the Consumer Code, the Customer has the right to resort directly to a conventional mediation procedure for any dispute that arises with HARCOUR.
To this end, the Customer may use the following mediator appointed by HARCOUR:
Consumer mediation CAMMA • ANJOU MAINE CENTRE MEDIAATION AND ARBITRATION (49 – 53 – 72)
In order to use this mediation procedure, the Customer must first address his complaint to HARCOUR by registered letter with acknowledgement of receipt.
In the absence of a satisfactory response from HARCOUR within one month, the Customer may refer the matter to the mediator mentioned above in the manner provided by the mediator. This mediation is free of charge for the Client, with the exception of any legal or expert fees that will remain at the Customer's expense.
Pursuant to article L. 611-2 of the Consumer Code, the dispute cannot be examined by the Ombudsman when:
• the Customer does not justify having previously tried to resolve his dispute directly with HARCOUR by means of a written complaint in accordance with the terms laid down, if any, in the contract,
• the demand is manifestly unfounded or abusive,
• the dispute has previously been or is being examined by another mediator or by a court,
• the Customer has submitted his request to the Ombudsman 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 on the online settlement of consumer disputes, the Customer has the possibility to use the online mediation system proposed by the Online Dispute Resolution platform by connecting with the following link: https://webgate.ec.europa.eu.
The dispute may also be brought directly or in the absence of a resolution in the context of mediation before the Tribunal competent under the rules of jurisdiction in force.
ARTICLE 16: MANDATORY PARTICULARS FOR CONSUMER CLIENTS
Article L.217-4 of the Consumer Code:
The seller is required to deliver goods in accordance with the contract and is responsible for any defects in conformity that exist at the time of issue.
It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when the packaging was loaded by the contract or was carried out under its responsibility.
Article L.217-5 of the Consumer Code:
To comply with the contract, the property must:
1° Be suitable for the usual intended use of a similar property and, if applicable:
• correspond to the description given by the seller and possess the qualities which he presented to the buyer in the form of a sample or model ;
• present the qualities which a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling ;
2° Or have the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by the seller.
Article L.217-12 of the Consumer Code:
The action resulting from the failure to comply is prescribed by two years from the issuance of the property.
Article 1641 of the Civil Code:
The seller is bound by the warranty because of the hidden defects of the thing sold which make it unfit for the use to which it is intended, or which reduce such use so much that the buyer would not have acquired it, or would have given only a lesser price, had he known them.
Article 1648 of the Civil Code:
The action resulting from the defects shall be brought by the purchaser within two years of the discovery of the defect.
ARTICLE 17: LEGAL PARTICULARS
Vendor identification : HARCOUR
Company social 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, its order, its personal data, its right of withdrawal, the application of the Product Warranty, the Customer may contact HARCOUR at the following contact details:
HARCOUR13-17 Rue des Châtaigniers72190 Sargé-lès-Le Mans (France)
e-mail : [email protected] / telephone : +33 9 72 12 53 03
The Publishing Director is Mr William BENGUIGUI as President of EASY TRADE France, President of HARCOUR.
The Site is hosted by the company OXATIS, Société anonyme à directoire au capital de 1 437 843,00 €, RCS Marseille B 438 824 708 00053, Code APE 5829C, N° TVA : FR3038824708
Head Office: OXATIS, 171 BIS CHEMIN DE LA MADRAGUE CILLE 13002 MARSEILLE
RETRACTATION FORM
Please complete and return this form only if you wish to withdraw from your order placed on harcour.com– except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of HARCOUR – Customer Service – HARCOUR13-17 Rue des Châtaigniers72190 Sargé-lès-Le Mans (France)
I hereby notify you of my withdrawal from the contract for the sale of the property (*) below:
Ordered on ................................................................../
Received on .................................................................................................... (*)
Order number:
..................................................................................................
Name of consumer(s):
..................................................................................................
Address(es) of consumer(s):
..................................................................................................
Signature of consumer(s) (only if this form is notified on paper):
Date: ..............................................................................................
(*) Remove the unnecessary mention