GENERAL TERMS AND CONDITIONS OF SALE
1. LEGAL NOTICE
Hugo & Victor Paris
HV France
40 boulevard Raspail, 75007 Paris
EURL au Capital de 50000 Euros - RCS 515 132 793
Pour toute suggestion ou information concernant ce site, vous pouvez écrire à l’adresse électronique suivante : contact@hugovictor.com
Editorial Content : Hugo & Victor
Hosting : OVH (www.ovh.fr)
Design : Le Goff et Gabarra (http://www.lgetg.fr/)
If you have any suggestions or wish to obtain information relative to this website, please contact the webmaster at contact@hugovictor.com
2. PURPOSE
2.1.The present General Terms and Conditions of Sale (hereinafter referred to as "Terms of Use” define the terms and conditions under which any individual or entity ("the Customer") may order or purchase the products—i.e. merchandise listed in the e-sales catalogue—sold online by the company Hugo & Victor Paris ("Hugo & Victor Paris") at www.hugovictor.com ("the Website").
3. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
3.1.The present Terms of Use should be read by the Customer before making an order.
3.2. Use of this website by the Customer, i.e. filling in the order form and confirming the order, signifies full and unconditional agreement with the present Terms of Use, which shall be the only terms and conditions applicable to the following contract.
3.3.Hugo & Victor Paris reserves the right to modify the present Terms of Use in part or in full, at any time.
4. CHARACTERISTICS OF THE MERCHANDISE ON OFFER
4.1.The products on offer to the Customer are those listed in the catalogue published on this Website. The offer is limited to available supplies and contingent upon proper website operation.
4.2. Each product is presented accompanied by a photograph and a description written by Hugo & Victor Paris. These descriptions, intended to provide the Customer with key product characteristics before the finalization of any order, may not be used as grounds for any liability action against Hugo & Victor Paris in any way whatsoever. The product photographs, provided for informational purposes only, are not contractually binding.
5. ORDER PLACEMENT AND CONFIRMATION
5.1. To order on the Website, a Customer must open an account and enter two user identifiers: an e-mail address and a password selected by the Customer when creating the account. These identifiers are and will be treated in strictest confidence. The Customer may obtain these identifiers by sending a request to the Hugo & Victor Paris Customer Service Department. The reply will be made by e-mail only, to the address associated with the customer account.
5.2. To order, the Customer undertakes to fill out the order form fully, carefully and accurately. In other words, the Customer undertakes to complete the lines required to process the order properly:
• Specify desired product(s)
• Specify invoicing address
• Specify delivery address
• Specify delivery date
• Specify desired mode of payment
• Order validation after verification
• Payment as provided by the terms and conditions
5.3.Hugo & Victor Paris will confirm the order and the payment :
• On the Website, once payment has been made
• By e-mail, to the e-mail address indicated by the Customer
5.4. Hugo & Victor Paris reserves the right to refuse an order if the Customer fails to fulfill any one of these obligations. More generally, and for any reason whatsoever, it may refuse any order that appears abnormal or incomplete. No order is final until it has been confirmed by Hugo & Victor Paris. Hugo & Victor Paris will confirm its acceptance or non-acceptance of an order within 2 business days starting when the order was entered at the Website.
6. MEANS OF PAYMENT
6.1. Products may be purchased at the Website with Visa or Mastercard or via a secure payment system run by the banking institution used by Hugo & Victor Paris.
6.2. To be registered, the order must be paid in full.
7. RECORDS
7.1. Purchase orders and invoices are kept on computer, under reasonable security conditions, by Hugo & Victor Paris.
7.2. This is a reliable method of storage over time of electronic documents that can be retrieved by way of proof.
8. THE RIGHT TO CANCEL A CONTRACT
8.1. The consumer's right to cancel a contract within 7 days does not apply to contracts bearing on the supply of perishable food products like those sold by Hugo & Victor Paris. Therefore, the Customer is not entitled to exercise this right.
8.2. However, if and when it is possible, we will honor a change or cancellation made by the Customer if the package is still in the preparation stage and has not yet been turned over to the carrier for delivery. We determine whether this is possible on a case-by-case basis.
8.3. However, once the package has been turned over the carrier for delivery, it is not possible to honor any change or cancellation. Here, the Customer's account will not be credited with the order amount.
9. SHORTAGE OF SUPPLY
9.1. The supply of products available for online sale is limited. The name of any product that becomes unavailable will be removed from the online sales catalogue as soon as possible.
9.2. If there is a shortage of a particular product, Hugo & Victor Paris will call or e-mail the Customer as soon as possible to find a solution:
• postpone delivery until the product is available again, if and when this is possible
• replace the product with one that is comparable in terms of quality and price
9.3. Hugo & Victor Paris products are made by artisans, which means that the supply is limited. Please note that the risk of product unavailability is higher during holiday periods (especially the year-end holidays) than during the rest of the year.
10.PRICES
10.1. The prices listed on the purchase order are in euros, inclusive of tax, ex-production lab.
10.2. We charge extra for packing costs. The packing charge is a flat rate that may evolve in time.
10.3. We charge separately carrier delivery. The rates depend on the final destination, package weight, time before delivery and package volume.
11.PRODUCT DELIVERY
11.1. Deliveries are made to destinations in metropolitan France.
11.2. The Customer is responsible for the information relative to the recipient's name and address. This information should be precise, accurate and complete (e.g. it should include the door code and the floor) to enable delivery under normal conditions.
11.3. If a package has to be returned because there was an error in the address or it was impossible to make delivery to the address indicated, Hugo & Victor Paris cannot be held responsible in any way.
11.4. If a delivery address is not sufficiently complete or precise, Hugo & Victor Paris reserves the right to call the recipient to obtain the details needed to make delivery, which means that the telephone number has to be correct and the recipient has to be there to answer the phone.
11.5. We do not take orders for delivery to a post office box address.
11.6. If nobody is at home to take delivery the carrier will leave notification instructing the recipient to pick up the package at the post office indicated.
Hugo & Victor Paris cannot be held responsible in any way for any deterioration of the products due to any delay in delivery or pick-up.
11.7. If a delivery is made outside the specified time frame, this does not entitle the Customer to any compensation.
11.8. However, except for the limitations set forth in the present Terms of Use., when delivery takes place more than 48 hours late, we will give the customer a credit equivalent to the full amount of his order. This guarantee will not apply during holiday periods (e.g. Christmas, Easter, Valentine's Day, Mother's Day, etc...). If an order is delivered late during these busy periods, the Customer will not be entitled to any credit.
11.9. Finally, once the product has been turned over to the carrier and is under its responsibility, if it is not delivered for any other cause relative to Customs, labor strikes or damage or any other cause of force majeure as defined by the French courts, the sale will be null and void, and the Client may obtain a refund for the order amount. The Customer is not eligible for any indemnity or compensation of any sort.
12.COMPLAINTS AND REFUNDS
12.1. The Customer must verify that the contents of the package delivered correspond to his or her order. We will only process complaints received by us within 48 hours of delivery, given the perishable nature of the products
12.2. Complaints should be sent to:
Hugo & Victor Paris
40 Boulevard Raspail 75007 Paris
Or sent by E-mail to : servicecommercial@hugovictor.com
12.3. Any refund or credit will be made within 21 days. The Customer will be notified by e-mail.
13. PRODUCT GUARANTEE
13.1. Hugo & Victor Paris guarantees that its products are produced and packed following strict quality control rules and stored in compliance with current French standards.
13.2. However, Hugo & Victor Paris cannot warrant the quality of its products if the Customer does not ensure optimal storage conditions or consumes products past the "use by" date indicated on the package.
14.INTELLECTUAL PROPERTY / COPYRIGHT INFORMATION
14.1. All of the elements used on the Website (photographs, illustrations, pictograms, descriptions, logo, trademark) are and remain the exclusive intellectual property of Hugo & Victor Paris.
14.2. None of the elements used for the Website (e.g. software applications, visual components or audio material) may be reproduced, broadcast, exploited, circulated or used in any way whatsoever, either in part or in full, without express prior authorization from Hugo & Victor Paris, which holds all of the copyrights.
15.PROTECTION OF PERSONAL INFORMATION
15.1. When a Customer makes an order on the Website, this signifies that he agrees to allow Hugo & Victor Paris to use his personal information. This information is required to process orders properly.
15.3. Under the French data protection law of January 6, 1978, you are entitled to access and modify information concerning yourself. To exercise this right and obtain this information, the Customer can contact Hugo & Victor Paris at servicecommercial@hugovictor.com
We reply to this type of request within one month.
16.INDEPENDENCE OF CLAUSES
16.1. If one of the present terms and conditions is found inapplicable or is invalidated for any reason, this fact will not affect the application or validity of the other provisions contained in the general terms and conditions. A term or condition that has been invalidated or found inapplicable will be replaced by a clause that is as close as possible to it.
17.FORCE MAJEURE
17.1. Neither Hugo & Victor Paris nor the Customer may be held liable for any failure or delay in the performance of any of the contractual obligations set forth in the present Terms of Use if the failure or delay is due to a case of force majeure.
17.2. Here, force majeure is taken to mean any external, unforeseeable and irresistible event as defined by Article 1148 of the French Civil Code. The following are expressly considered to be cases of force majeur or cas fortuit, in addition to those generally held to be such under French jurisprudence and by the French courts:
Full-scale or partial strikes, lockouts, riots, civil unrest, insurrection, war, severe or unusual weather conditions, epidemics, the interruption of transport or supply for any reason, earthquakes, fires, storms, flooding, water damage, governmental or legal restrictions, legislative or regulatory changes in the business environment computer failures, the interruption of telecommunications including the operation of telecom networks, any change in the basic mathematical principles governing the theory of cryptographic algorithms, used for public key infrastructure and any other case beyond the control of the Parties preventing normal performance of the contract.
18.GOVERNING LAW
18.1. The present terms and conditions are exclusively governed by French law. Any dispute or litigation relative thereto shall fall under the jurisdiction of the Tribunal de Commerce de Paris.
19. LIMITS OF WARRANTY
Hugo & Victor Paris would like to inform all internet users about the characteristics and limits of the Internet network and shall not be liable for consequences resulting from their connection to this network via the current site. In particular, Hugo & Victor Paris shall not be liable for any damage, material or immaterial, to internet-users, to their computer equipment and database stored on the computer, and for any consequences that could result in their personal, professional or commercial activity.
Hugo & Victor Paris not be held liable for any special, indirect, incidental, punitive or consequential damage from connecting to the site or the inability to connect to said website.
The information provided on the current website is current and verified periodically but it may contain errors. The information may have been updated between the moment when you downloaded it and the moment you had read the information. As a result, we encourage you to verify the validity. Hugo & Victor Paris cannot be held responsible for the data on this website.
20. ACCESS TO AREAS PROTECTED BY A PASSWORD:
The areas controlled by a password are only accessible to authorized individuals. The user agrees not to force access to these protected areas, and notably not to usurp the identity, password or address of another user. Any non-authorized user attempting to access these protected areas may be subject to legal action.
General terms and conditions of sale
1. LEGAL NOTICE
Hugo & Victor Paris
HV France
40 boulevard Raspail, 75007 Paris
EURL with Capital of 50000 Euros - RCS 515 132 793
Editorial Content : Hugo & Victor
Hosting : OVH (www.ovh.fr)
Design : Le Goff et Gabarra (http://www.lgetg.fr/)
If you have any suggestions or wish to obtain information relative to this website, please contact the webmaster at contact@hugovictor.com
2. PURPOSE
2.1.The present General Terms and Conditions of Sale (hereinafter referred to as "Terms of Use” define the terms and conditions under which any individual or entity ("the Customer") may order or purchase the products—i.e. merchandise listed in the e-sales catalogue—sold online by the company Hugo & Victor Paris ("Hugo & Victor Paris") at www.hugovictor.com ("the Website").
3. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
3.1.The present Terms of Use should be read by the Customer before making an order.
3.2. Use of this website by the Customer, i.e. filling in the order form and confirming the order, signifies full and unconditional agreement with the present Terms of Use, which shall be the only terms and conditions applicable to the following contract.
3.3.Hugo & Victor Paris reserves the right to modify the present Terms of Use in part or in full, at any time.
4. CHARACTERISTICS OF THE MERCHANDISE ON OFFER
4.1.The products on offer to the Customer are those listed in the catalogue published on this Website. The offer is limited to available supplies and contingent upon proper website operation.
4.2. Each product is presented accompanied by a photograph and a description written by Hugo & Victor Paris. These descriptions, intended to provide the Customer with key product characteristics before the finalization of any order, may not be used as grounds for any liability action against Hugo & Victor Paris in any way whatsoever. The product photographs, provided for informational purposes only, are not contractually binding.
5. ORDER PLACEMENT AND CONFIRMATION
5.1. To order on the Website, a Customer must open an account and enter two user identifiers: an e-mail address and a password selected by the Customer when creating the account. These identifiers are and will be treated in strictest confidence. The Customer may obtain these identifiers by sending a request to the Hugo & Victor Paris Customer Service Department. The reply will be made by e-mail only, to the address associated with the customer account.
5.2. To order, the Customer undertakes to fill out the order form fully, carefully and accurately. In other words, the Customer undertakes to complete the lines required to process the order properly:
• Specify desired product(s)
• Specify invoicing address
• Specify delivery address
• Specify delivery date
• Specify desired mode of payment
• Order validation after verification
• Payment as provided by the terms and conditions
5.3.Hugo & Victor Paris will confirm the order and the payment :
• On the Website, once payment has been made
• By e-mail, to the e-mail address indicated by the Customer
5.4. Hugo & Victor Paris reserves the right to refuse an order if the Customer fails to fulfill any one of these obligations. More generally, and for any reason whatsoever, it may refuse any order that appears abnormal or incomplete. No order is final until it has been confirmed by Hugo & Victor Paris. Hugo & Victor Paris will confirm its acceptance or non-acceptance of an order within 2 business days starting when the order was entered at the Website.
6. MEANS OF PAYMENT
6.1. Products may be purchased at the Website with Visa or Mastercard or via a secure payment system run by the banking institution used by Hugo & Victor Paris.
6.2. To be registered, the order must be paid in full.
7. RECORDS
7.1. Purchase orders and invoices are kept on computer, under reasonable security conditions, by Hugo & Victor Paris.
7.2. This is a reliable method of storage over time of electronic documents that can be retrieved by way of proof.
8. THE RIGHT TO CANCEL A CONTRACT
8.1. The consumer's right to cancel a contract within 7 days does not apply to contracts bearing on the supply of perishable food products like those sold by Hugo & Victor Paris. Therefore, the Customer is not entitled to exercise this right.
8.2. However, if and when it is possible, we will honor a change or cancellation made by the Customer if the package is still in the preparation stage and has not yet been turned over to the carrier for delivery. We determine whether this is possible on a case-by-case basis.
8.3. However, once the package has been turned over the carrier for delivery, it is not possible to honor any change or cancellation. Here, the Customer's account will not be credited with the order amount.
9. SHORTAGE OF SUPPLY
9.1. The supply of products available for online sale is limited. The name of any product that becomes unavailable will be removed from the online sales catalogue as soon as possible.
9.2. If there is a shortage of a particular product, Hugo & Victor Paris will call or e-mail the Customer as soon as possible to find a solution:
• postpone delivery until the product is available again, if and when this is possible
• replace the product with one that is comparable in terms of quality and price
9.3. Hugo & Victor Paris products are made by artisans, which means that the supply is limited. Please note that the risk of product unavailability is higher during holiday periods (especially the year-end holidays) than during the rest of the year.
10.PRICES
10.1. The prices listed on the purchase order are in euros, inclusive of tax, ex-production lab.
10.2. We charge extra for packing costs. The packing charge is a flat rate that may evolve in time.
10.3. We charge separately carrier delivery. The rates depend on the final destination, package weight, time before delivery and package volume.
11.PRODUCT DELIVERY
11.1. Deliveries are made to destinations in metropolitan France.
11.2. The Customer is responsible for the information relative to the recipient's name and address. This information should be precise, accurate and complete (e.g. it should include the door code and the floor) to enable delivery under normal conditions.
11.3. If a package has to be returned because there was an error in the address or it was impossible to make delivery to the address indicated, Hugo & Victor Paris cannot be held responsible in any way.
11.4. If a delivery address is not sufficiently complete or precise, Hugo & Victor Paris reserves the right to call the recipient to obtain the details needed to make delivery, which means that the telephone number has to be correct and the recipient has to be there to answer the phone.
11.5. We do not take orders for delivery to a post office box address.
11.6. If nobody is at home to take delivery the carrier will leave notification instructing the recipient to pick up the package at the post office indicated.
Hugo & Victor Paris cannot be held responsible in any way for any deterioration of the products due to any delay in delivery or pick-up.
11.7. If a delivery is made outside the specified time frame, this does not entitle the Customer to any compensation.
11.8. However, except for the limitations set forth in the present Terms of Use., when delivery takes place more than 48 hours late, we will give the customer a credit equivalent to the full amount of his order. This guarantee will not apply during holiday periods (e.g. Christmas, Easter, Valentine's Day, Mother's Day, etc...). If an order is delivered late during these busy periods, the Customer will not be entitled to any credit.
11.9. Finally, once the product has been turned over to the carrier and is under its responsibility, if it is not delivered for any other cause relative to Customs, labor strikes or damage or any other cause of force majeure as defined by the French courts, the sale will be null and void, and the Client may obtain a refund for the order amount. The Customer is not eligible for any indemnity or compensation of any sort.
12.COMPLAINTS AND REFUNDS
12.1. The Customer must verify that the contents of the package delivered correspond to his or her order. We will only process complaints received by us within 48 hours of delivery, given the perishable nature of the products
12.2. Complaints should be sent to:
Hugo & Victor Paris
40 Boulevard Raspail 75007 Paris
Or sent by E-mail to : servicecommercial@hugovictor.com
12.3. Any refund or credit will be made within 21 days. The Customer will be notified by e-mail.
13. PRODUCT GUARANTEE
13.1. Hugo & Victor Paris guarantees that its products are produced and packed following strict quality control rules and stored in compliance with current French standards.
13.2. However, Hugo & Victor Paris cannot warrant the quality of its products if the Customer does not ensure optimal storage conditions or consumes products past the "use by" date indicated on the package.
14.INTELLECTUAL PROPERTY / COPYRIGHT INFORMATION
14.1. All of the elements used on the Website (photographs, illustrations, pictograms, descriptions, logo, trademark) are and remain the exclusive intellectual property of Hugo & Victor Paris.
14.2. None of the elements used for the Website (e.g. software applications, visual components or audio material) may be reproduced, broadcast, exploited, circulated or used in any way whatsoever, either in part or in full, without express prior authorization from Hugo & Victor Paris, which holds all of the copyrights.
15.PROTECTION OF PERSONAL INFORMATION
15.1. When a Customer makes an order on the Website, this signifies that he agrees to allow Hugo & Victor Paris to use his personal information. This information is required to process orders properly.
15.3. Under the French data protection law of January 6, 1978, you are entitled to access and modify information concerning yourself. To exercise this right and obtain this information, the Customer can contact Hugo & Victor Paris at servicecommercial@hugovictor.com
We reply to this type of request within one month.
16.INDEPENDENCE OF CLAUSES
16.1. If one of the present terms and conditions is found inapplicable or is invalidated for any reason, this fact will not affect the application or validity of the other provisions contained in the general terms and conditions. A term or condition that has been invalidated or found inapplicable will be replaced by a clause that is as close as possible to it.
17.FORCE MAJEURE
17.1. Neither Hugo & Victor Paris nor the Customer may be held liable for any failure or delay in the performance of any of the contractual obligations set forth in the present Terms of Use if the failure or delay is due to a case of force majeure.
17.2. Here, force majeure is taken to mean any external, unforeseeable and irresistible event as defined by Article 1148 of the French Civil Code. The following are expressly considered to be cases of force majeur or cas fortuit, in addition to those generally held to be such under French jurisprudence and by the French courts:
Full-scale or partial strikes, lockouts, riots, civil unrest, insurrection, war, severe or unusual weather conditions, epidemics, the interruption of transport or supply for any reason, earthquakes, fires, storms, flooding, water damage, governmental or legal restrictions, legislative or regulatory changes in the business environment computer failures, the interruption of telecommunications including the operation of telecom networks, any change in the basic mathematical principles governing the theory of cryptographic algorithms, used for public key infrastructure and any other case beyond the control of the Parties preventing normal performance of the contract.
18.GOVERNING LAW
18.1. The present terms and conditions are exclusively governed by French law. Any dispute or litigation relative thereto shall fall under the jurisdiction of the Tribunal de Commerce de Paris.
19. LIMITS OF WARRANTY
Hugo & Victor Paris would like to inform all internet users about the characteristics and limits of the Internet network and shall not be liable for consequences resulting from their connection to this network via the current site. In particular, Hugo & Victor Paris shall not be liable for any damage, material or immaterial, to internet-users, to their computer equipment and database stored on the computer, and for any consequences that could result in their personal, professional or commercial activity.
Hugo & Victor Paris not be held liable for any special, indirect, incidental, punitive or consequential damage from connecting to the site or the inability to connect to said website.
The information provided on the current website is current and verified periodically but it may contain errors. The information may have been updated between the moment when you downloaded it and the moment you had read the information. As a result, we encourage you to verify the validity. Hugo & Victor Paris cannot be held responsible for the data on this website.
20. ACCESS TO AREAS PROTECTED BY A PASSWORD:
The areas controlled by a password are only accessible to authorized individuals. The user agrees not to force access to these protected areas, and notably not to usurp the identity, password or address of another user. Any non-authorized user attempting to access these protected areas may be subject to legal action.
