GENERAL CONDITIONS OF SALE
1 Seller's name
HARBS / PARISIS S.A with a capital of 200 000 euros -
Registered under number
RCS : B 421 419 0011
SIREN : 421 419 011
SIRET : 42141901100034
Harb's, 38 Rue Marbeuf 75008 Paris - France.
Email: Marbeuf@harbs.fr - Tel: +33 6 78 90 05 42
2 General provisions relating to these general terms and conditions of business (hereinafter referred to as the GTC)
2.1. Purpose of the GTC
The GTC are applicable exclusively to the online sale of HARB'S products on the www.harbs.fr website, which is freely accessible to all Internet users.
2.2. Scope of application of the GTC
The GTC exclusively govern the online sales contracts of Harb's products (hereinafter, the professional seller) to buyers who are consumers (hereinafter, the consumers) and constitute, together with the order form, the contractual documents that are opposable to the parties, to the exclusion of all other documents, leaflets, catalogues or photographs of the products, which are only indicative in nature.
The GTC are exclusively applicable to products delivered to consumers established in the following countries: Metropolitan France and Overseas Territories (Guadeloupe, Guyana, Martinique, Mayotte, Reunion, Saint Barthélemy, Saint Martin, Saint Pierre and Miquelon), Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Israel, Italy, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
The GTC are drafted as well as all the contractual information mentioned on the site in French.
2.3. Availability and enforceability of the GTC
The GTC are available to consumers on the seller's website where they can be consulted directly.
The GTC are opposable to the consumer who acknowledges, by ticking a box provided for this purpose, having been informed of them and having accepted them before placing an order.
The validation of the order by its confirmation implies the buyer's adherence to the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller.
2.4. Modification of the GTC
The professional seller reserves the right to modify its GTC at any time.
In the event of a change in the GTC, the GTC applicable are those in force at the time of the order.
2.5. Clauses of the GTC
The nullity of a contractual clause does not lead to the nullity of the GTC.
The temporary or permanent non-application of one or more clauses of the GTC by the professional seller shall not constitute a waiver of the other clauses of the GTC, which shall continue to have effect.
3 Products
The products offered for sale presented in the catalogue published on the site are each the subject of a description.
The photographs illustrating the products do not constitute a contractual document.
4 Awards
4.1. Selling prices
The sale prices are indicated, for each of the products appearing in the electronic catalogue, in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount due by the consumer is indicated on the order confirmation page.
The selling price of the product is the one in force on the day of the order.
In the case of a price promotion, the professional seller undertakes to apply the promotional price to any order placed during the period of the promotion.
4.2 Modification
The professional seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
5 Offer
5.1. Area
The online sales offers presented on the site are reserved for consumers residing in the countries referred to in article 2.2 of these GTC.
5.2. Duration
The online sales offers presented on the site are valid, in the absence of any indication of a particular duration, as long as the products appear in the electronic catalogue and within the limits of available stocks.
5.3. Acceptance
The acceptance of the offer by the consumer is validated by the confirmation of the order.
6 Ordering
6.1. Steps for concluding the contract
To place an order, the consumer, after having filled his virtual basket with the selected products and the desired quantities, then clicks on the "Order" button and provides the information relating to delivery and the method of payment.
Before clicking on the "Confirm order" button, the consumer has the possibility to check the details of his order and its total price and to go back to the previous pages to correct any errors or possibly modify his order.
The confirmation of the order implies acceptance of the GTC and forms the contract.
An e-mail acknowledging receipt of the order and payment is sent by the seller as soon as possible.
6.2. Order cancellation
Any cancellation of an order by the consumer after confirmation of the order must be made before the products are shipped. The customer must imperatively cancel his order within 24 hours after validation of the order. To this end, the consumer must contact the professional seller's customer service department directly by e-mail (as a priority): Marbeuf@harbs.fr, or by telephone at +33 1 42 60 91 06, MONDAY TO FRIDAY, from 10:00 am to 6:00 pm excluding public holidays.
All requests are subject to the acceptance of the professional seller.
6.3. Validation of the order
The Professional Seller reserves the right to refuse any order for legitimate reasons and not to accept an order from a customer with whom it is in dispute over a previous order, or if it reasonably believes that the customer has breached these GTC or engaged in fraudulent activity.
6.4 Unavailability of ordered products
If the products ordered are unavailable for delivery, the professional seller shall immediately inform the consumer and may offer him a product of equivalent quality and price.
In the event of disagreement, the consumer shall be reimbursed without delay (or at the latest within thirty days of payment of the sums paid).
7 Contract
7.1. Conclusion
The sales contract is formed when the consumer sends the order confirmation.
7.2. Withdrawal
As an exception, exchanges and returns are not accepted until further notice.
Apart from this exceptional situation:
From the moment of receipt of the products, the consumer has a withdrawal period of seven clear days to return the delivered products without having to justify himself or pay a penalty, to the following address Harb's, 38 Rue Marbeuf 75008 Paris - France.
The cost of returning the goods shall be borne by the consumer.
In order to return the products, the consumer must first send an email to the professional seller specifying the number of the cancelled order to the following address: marbeuf@harbs.fr
The professional seller undertakes to reimburse the consumer within thirty days of the date on which the right of withdrawal was exercised.
However, for reasons of hygiene, the right of withdrawal cannot be exercised when the product pump has been primed. Products must be returned in their original packaging (in their box), complete, in perfect condition and accompanied by the original purchase invoice. Customised products cannot be returned or exchanged.
For the purposes of reimbursement, the consumer shall provide the professional vendor with his bank details.
The return of the products is the responsibility of the consumer, and it is up to him to return the products by registered mail.
Exceptionally, due to the difficult recovery of the postal services, we can only guarantee delivery between 5 and 15 working days. For the same reasons, exchanges and returns are not accepted until further notice.
8 Payment
8.1. Terms of payment
The price is payable in full after confirmation of the order.
Payment is made immediately upon ordering by credit card and via the Paypal payment module.
8.2. Securing payment
The site is equipped with a secure online payment system allowing the consumer to encrypt the transmission of his bank details.
8.3. Late payment
Any sum not paid on the due date shall bear interest at the legal rate without notice.
8.3. Default of payment
The professional seller reserves the right, in the absence of payment of the price on the due date, to demand payment, to suspend delivery or to terminate the contract by operation of law and to retain, by way of compensation, the deposit paid on the order.
In the absence of full payment and on first request, the customer undertakes to return any product, at his own expense.
8.4 Reservation of ownership
The ordered products remain the property of the professional seller until the final and complete payment of their price.
9 Delivery
9.1. Delivery time
The professional seller undertakes to hand over the products to the carrier within 72 working hours of receiving the order and full payment.
Exceptionally, products for France are delivered within 6 to 14 working days after dispatch of the order, and within 8 to 17 working days after dispatch of the order for Europe, until the postal services resume.
9.2 Delay in delivery
In the event of delay, damage, total or partial loss, or any other problem, it is up to the customer to exercise any recourse with the carrier without the responsibility of the professional seller ever being called into question.
No claims after 30 days can be processed.
Therefore, at the time of delivery, the professional seller recommends that consumers check the condition of the products delivered before signing the acknowledgement of receipt of the parcel, refuse the delivery if they notice any anomalies, formulate precise reservations on the delivery note upon receipt and, within three days of receipt, notify these reservations to the carrier by registered letter with acknowledgement of receipt. In this respect, a copy must be sent to the professional seller.
The customer is solely responsible for verifying the possibility of importing the ordered products under the laws of the country of delivery.
Exceptionally, due to the difficult recovery of the postal services, we can only guarantee delivery between 5 and 15 working days. For the same reasons, exchanges and returns are not accepted until further notice.
9.3. Terms of delivery
The products are delivered to the address indicated by the consumer on the order form.
Click and collect 38 rue Marbeuf Paris France and Ups and Ups express shipping.
Delivery is deemed to have taken place when the product is handed over to the carrier.
9.4. Price of the delivery
For all deliveries, a shipping surcharge is added to the order total. The amount of this charge differs according to the country of destination. Thus, the delivery costs will be calculated automatically at the time of payment.
9.5. Product conformity
If the product does not conform to the order, the consumer must send a complaint, in writing and immediately upon receipt, to the professional seller in order to obtain a replacement of the product or possibly the cancellation of the sale. To this end, the customer must keep the packaging and the delivery note. In the event of an error on the product, the customer undertakes to return the said product, within 7 days of its receipt, in its original condition and packaging, as well as the accessory documents. The product must not have been used or opened in any way. Upon receipt of the product in due form, the professional seller shall return the product originally ordered at its own expense.
9.6. Unavailability of products
If the products are unavailable on delivery, the professional seller may offer an equivalent product in terms of quality and price, in accordance with the conditions set out in Article 6-4 of the GTC.
9.7. Failure to deliver
If the total defect in delivery is due to the carrier, it is up to the customer to exercise any recourse with the carrier without the professional seller ever being held responsible.
10 Guarantees
10.1. Legal guarantees
All products supplied by the professional seller are covered by the legal guarantee of conformity and the legal guarantee of hidden defects.
Under these guarantees, the professional seller undertakes, at the consumer's choice, to reimburse or exchange the products that do not correspond to his order.
10.2. After-sales service
As an exception, exchanges and returns are not accepted until further notice.
Apart from this exceptional situation:
Warranty claims should be addressed in the first instance by e-mail to the customer service department: Marbeuf@harbs.fr
A telephone number is also available from Monday to Friday, from 10am to 6pm, excluding public holidays: +33 1 42 60 91 06
Once the postal service has resumed its usual rhythm, the products must be returned new, complete and in their original condition and packaging after receipt and confirmation of the complaint by the after-sales service.
11 Liability
The liability of the professional seller cannot be engaged in the event of non-performance or poor performance of the contract due either to the fault of the buyer, or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure.
The professional seller cannot be held responsible for the product's non-conformity with the legislation of the consumer's country, who must check whether the product is not prohibited for sale in his country.
12 Intellectual property
The elements reproduced on this site, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law.
Any reproduction and dissemination of these elements, without prior written permission from the publisher, will expose the offenders to legal proceedings.
13 Personal data
The personal information requested from the consumer is essential for the processing and routing of orders and the preparation of invoices. For these purposes, this information may be communicated to the contractual partners of the professional seller. This information is kept for the proper administration of orders and commercial relations.
The consumer has the right to access, modify, rectify and delete his personal data at any time. (CNIL)
14 Dispute resolution
14.1 Complaints
In the event of a dispute relating to the execution of an order, or difficulties in the application of these GTC, the consumer is invited to seek an amicable solution by means of a complaint addressed to the consumer service: Marbeuf@harbs.fr, 38 Rue Marbeuf 75008 Paris - France, +33 1 42 60 91 06.
(Monday to Friday, 10am to 6pm, excluding public holidays).
14.2. Territorial jurisdiction
For any dispute relating to the order form and these GTC, the court of jurisdiction shall be that of the defendant's place of residence or the place of delivery.
15. Applicable law
This contract and the GTC governing it are subject to French law.
[1] Mainland France, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Israel, Italy, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
