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TERMS AND CONDITIONS :

 

www.hugocharlet.com (the "Site") is operated by HugoCharletDesign, a  company with a capital of €1,000, whose registered office is located at 8 rue du commandant Arnould 33000 Bordeaux, registered with the Bordeaux Trade and Companies Register under number 882884364, with intra-community VAT number FR 69 852 716 349.

I. APPLICATION OF THE TERMS AND CONDITIONS OF SALE

The terms and conditions of sale (the "T&Cs") detailed below apply to all orders of products placed via the Site (the "e-shop") with HugoCharletDesign by any person (the "Customer"). The Customer must read the T&Cs prior to any order (the "Order"), as the T&Cs are available on the Site. HugoCharletDesign reserves the right to adapt or modify the present T&Cs at any time. The version of the T&Cs applicable to any sale is the one available online on the website www.hugocharlet.com at the time of the Order. Consequently, placing an Order requires full and unconditional acceptance of the T&Cs by the Customer by clicking on the "I have read and accept the terms and conditions of sale" button.

II. INFORMATION ABOUT THE SITE AND SITE ACCESSIBILITY

www.hugocharlet.com is an online shopping site owned and managed by HugoCharletDesign. The Site is accessible to all internet users in principle 24/7, except for interruptions, scheduled or not, by HugoCharletDesign or its service providers, for maintenance and/or security purposes or in cases of force majeure (as defined below). HugoCharletDesign cannot be held responsible for any damage of any kind resulting from the unavailability of the Site.

HugoCharletDesign does not guarantee that the Site will be free of anomalies, errors, or bugs, nor that the Site will operate without failure or interruption. It may, at its discretion, determine any period of unavailability for the Site or its content. HugoCharletDesign cannot be held responsible for data transmission problems, connection issues, or network unavailability.

HugoCharletDesign reserves the right to evolve the Site for technical or commercial reasons. When these modifications do not substantially and negatively alter the service conditions, the Client may be informed of the changes, but their acceptance is not required.

III. REGISTRATION ON THE SITE

To follow an Order, the Customer may register on the Site by creating an account containing the Customer’s information (tab "log in"). The Customer’s registration on the Site is validated by our host WIX after verifying the standard form filled out by the Customer. The Customer receives a confirmation email upon registration. When creating their Account, the Customer must ensure the accuracy and completeness of the data provided. The Customer must always update their personal information. In case of an error in the recipient's details, HugoCharletDesign cannot be held responsible for the inability to deliver Products. By registering on the Site, the Customer declares and guarantees to HugoCharletDesign that they are of legal age and have the legal capacity to contract. HugoCharletDesign may delete the Customer’s Account at any time, for any reason, at its sole discretion.

IV. PRODUCTS

The Products offered for sale are those described on the Site on the day of the Customer's consultation, subject to stock availability. These indications are updated automatically in real-time. However, an update error, regardless of its origin, does not engage the responsibility of HugoCharletDesign. In this regard, HugoCharletDesign cannot be held responsible for the cancellation of an Order due to stock depletion. HugoCharletDesign takes the utmost care in presenting and describing its Products to best meet the Customer's information needs. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts. HugoCharletDesign does not guarantee the accuracy or security of information transmitted or obtained through the Site.

V. ORDERS

Placing an Order on the Site is subject to compliance with the procedure set up by HugoCharletDesign on the Site, including successive steps leading to the validation of the Order. The Customer can select as many Products as they wish, which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the associated prices and fees. The Customer can freely modify the Basket before validating their Order. Validation of the Order confirms the Customer's acceptance of the T&Cs, the Products purchased, their price, and the associated fees. A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by HugoCharletDesign. To this end, the Customer formally accepts the use of email for confirmation by HugoCharletDesign of the content of their Order. Invoices are available in the "my account" section of the Site.

VI. REFUSAL TO PROCESS AN ORDER

HugoCharletDesign reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information on the Site. Despite HugoCharletDesign's best efforts to meet customer expectations, it may refuse to process an Order after sending the Customer the confirmation email summarizing the Order. HugoCharletDesign cannot be held responsible to the Customer or any third party for the consequences of withdrawing a Product from the Site, replacing or modifying any content or information on the Site, or refusing to process an Order after sending the confirmation email summarizing the Order. HugoCharletDesign also reserves the right to refuse or cancel an Order from a Customer with whom there is a dispute over the payment of a previous order.

VII. PRICES AND PAYMENT METHODS

Product prices are indicated on the Site in euros for Europe, including VAT, but excluding delivery costs. All displayed prices are calculated including the applicable value-added tax (VAT) in France or the applicable VAT in the delivery country within the European Union. HugoCharletDesign reserves the right to modify its prices at any time, but Products will be billed based on the rates in effect at the time of order registration and payment, subject to availability. Products are payable in full at the time of the actual Order.

Payment for purchases is made via the secure platform of our payment service provider STRIPE. Stripe is an Irish-origin American company intended for online payments for professionals. https://stripe.com/ We also offer payment for purchases over €500 including VAT in several installments with a 3-time no-fee payment option via the secure Alma platform. Alma is a SAS with a capital of €312,942.78, whose registered office is located at 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, registered with the Nanterre Trade and Companies Register under number 839 100 575. https://getalma.eu The Customer expressly acknowledges that communicating their bank card number to HugoCharletDesign constitutes authorization to debit their Account up to the price of the Products ordered. If applicable, an Order cancellation notification for non-payment is sent to the Customer by HugoCharletDesign at the email address provided by the Customer during registration on the Site. The data recorded and stored by HugoCharletDesign constitutes proof of the Order and all past sales. The data recorded by Stripe constitutes proof of any financial transaction between the Customer and HugoCharletDesign.

VIII. DELIVERY

Deliveries are made by La Poste or DHL services, Monday to Friday, depending on the option chosen by the Customer during Order validation. Delivery means the transfer to the Customer of physical possession or control of the Products (the "Delivery"). The Delivery fees applicable to the Order are those mentioned on the Site at the time of the Order in the "Delivery and returns" section. Delivery is made to the delivery address specified by the Customer, provided that it must be the Customer's residence address, a physical person of their choice, or a legal entity (delivery to their company). Delivery cannot be made to hotels or P.O. boxes.

 

Any change to the delivery address after payment validation will not be considered. HugoCharletDesign delivers Orders within a maximum period of eight (8) working weeks for Delivery in Metropolitan France and internationally, this period starting from the first working day after Order validation. To respect these deadlines, the Customer must ensure that they have provided accurate and complete information regarding the Delivery address (such as, but not limited to: street number, building number, staircase, access codes, names and/or intercom numbers, etc.).

 

HugoCharletDesign cannot be held responsible for delayed delivery not caused by itself or justified by a case of force majeure (as defined below). In case of exceeding the Delivery period, the Customer may request the cancellation of the sale and obtain a refund within a maximum period of fourteen (14) days from their request. Notwithstanding the above, HugoCharletDesign cannot be held responsible for the consequences of a delayed delivery, with only a refund of the Product by HugoCharletDesign being possible, excluding any other form of compensation. In case of inability to deliver, due to an incorrect delivery address or the Customer's failure to collect their Order from the selected pickup point or DHL, no reshipment can be made, and the Customer will be refunded within five (5) days from the receipt of the Order by HugoCharletDesign.

 

If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because opened or damaged). The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.). This verification is considered as done once the buyer, or a person authorized

IX. LIABILITY

HugoCharletDesign's liability for any Product purchased on the Site is strictly limited to the purchase price of the Product. HugoCharletDesign shall not be liable for any of the following losses, regardless of their origin:

  • loss of income or sales

  • loss of business

  • loss of profits or contracts

  • loss of anticipated savings

  • loss of data

  • loss of work or management time

  • damage to reputation

  • loss of opportunity, including the opportunity to order a Product

  • moral damage.

The documents, descriptions, and information regarding the Products on the Site are not covered by any warranty, explicit or implicit, except for those provided by law. HugoCharletDesign does not warrant any damage that might be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb, or any other form of programming routine designed to damage, destroy, or otherwise impair the functionality of a computer or to hinder its proper functioning, including any transmission resulting from a download of any content by the Client, the software used by the Client to download the content, the Site, or the server that allows access to it. In this regard, the Client acknowledges that it is their responsibility to install appropriate antivirus and security software on their computer hardware and any other devices to protect them against any bugs, viruses, or other harmful programming routines. The Client acknowledges that they assume all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that they are solely responsible for any damage to their computer system or loss of data resulting from the download of such content.

HugoCharletDesign is only obliged to deliver Products that comply with contractual provisions. The Products are considered to comply with contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics shown on the Site; (ii) they must be suitable for the purposes for which products of this kind are generally designed; (iii) they must meet the quality and durability criteria generally accepted for products of the same kind and which can reasonably be expected.

Moreover, HugoCharletDesign guarantees consumers against any lack of conformity and hidden defects for the Products sold on the Site under the following conditions:

Apparent Defect - Legal Conformity Guarantee – Hidden Defects

The presence of an apparent defect on a Product must be reported by email (info@hugocharlet.com). The Client must comply with the withdrawal procedure by first informing HugoCharletDesign by any means of the existence of this apparent defect so that the return can be accepted. Subject to the validation of a non-conformity or a hidden defect by HugoCharletDesign, the Client benefits from the following guarantees:

HugoCharletDesign, whose head office is located at 8 rue du commandant Arnould, 33000 Bordeaux, France, acts as a guarantor within the meaning of articles L 217-5 et seq. of the Consumer Code and 1641 et seq. of the Civil Code. Thus, the Client:

  • has a period of two (2) years from the delivery of the Product to act in default of conformity of the Product,

  • is exempt from proving the existence of the lack of conformity of the good during the six (6) months following the delivery of the Product,

  • may choose between the repair or replacement of the Product, subject to the cost conditions provided for in article L217-9 of the Consumer Code.

The legal conformity guarantee applies independently of the commercial guarantee described below. In addition, the Client may also implement the legal guarantee against hidden defects of the sold item within the meaning of articles 1641 et seq. of the Civil Code. The legal guarantee against hidden defects allows the Client, within two years from the discovery of the defect, to be reimbursed for a Product that has proved unsuitable for its use.

The hidden defects guarantee protects the Client against hidden defects in the purchased Product that prevent its use or affect it to such an extent that the Client would not have purchased it. The Client then has the choice between two options: keeping the Product and requesting a price reduction, or returning the Product and requesting a refund of the price paid, in accordance with article 1644 of the Civil Code.

To implement these guarantees, the Product must be returned in its original packaging, in its original condition, new, unused with the references of the initial Order to the headquarters of HugoCharletDesign, after sending an email stating the reason for the return of the Product.

X. FORCE MAJEUR

In the event of the occurrence of a force majeure event preventing the performance of its obligations, HugoCharletDesign will inform the Client within fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, the following are considered as force majeure or fortuitous events, in addition to those usually retained by the French courts and tribunals: total or partial strikes, lock-out, riots, boycotts or other industrial actions, commercial disputes, civil unrest, insurrection, war, terrorist act, weather, epidemic, blocking of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to marketing forms, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event without indemnity. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of HugoCharletDesign or the Client without indemnity from either party. The Client's failure to pay cannot be justified by a case of force majeure.

XI. PARTIAL INVALIDITY

If one or more stipulations of these GTC are held to be invalid or declared as such by application of a law, regulation, or following a final decision of a competent court, the other stipulations will retain their full force and scope.

XII. NON-RENONCIATION

No tolerance, inaction, or inertia of HugoCharletDesign may be interpreted as a waiver of its rights under the GTC.

XIII. MEDIATION - APPLICABLE LAW - COMPETENT JURIDICTION

The sale of Products is subject to French law. In the event of a complaint not resolved amicably by the Customer Service, and in accordance with article L612-1 of the Consumer Code, the Client may resort free of charge to the MEDICYS mediation service, to which HugoCharletDesign is a member, electronically at the address https://app.medicys.fr/ or by post: MEDICYS – 73 boulevard de Clichy – 75009 Paris. The mediator's service can be contacted for any consumer dispute that has not been resolved. The Client can also contact the dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. In the absence of an amicable resolution, any dispute relating to the interpretation of the GTC, the execution or termination of a sale, the interpretation, execution, or termination of these terms is subject, in the absence of an amicable agreement, to the legally competent courts.

XIV. LEGAL INFORMATION

It is recalled that the confidentiality of correspondence is not guaranteed on the Internet network, and it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.

XV. HOSTING

WIX

XVI. SITE REALIZATION

HugoCharletDesign

XVII. PERSONAL DATA

In accordance with Regulation 2016/679 of April 27, 2016, on the protection of individuals concerning the processing of personal data and the free movement of such data, HugoCharletDesign implements a personal data processing policy for the sale and delivery of products and services.

The personal data communicated by the Client and collected by HugoCharletDesign when the Client places an order are mandatory and necessary for processing and managing the order and for issuing invoices. Failure to provide this information will prevent HugoCharletDesign from processing the Buyer's order. Failure to provide this information will result in the automatic rejection of the order.

1.1 Collection of Personal Data

The personal data collected on this site (or "Platform") are as follows:

1.1.1 Account Creation

When the user creates an account, their first name, last name, email address, and date of birth are collected.

1.1.2 Login

When the user logs into the Platform, it records, in particular, their first name, last name, login data, usage data, and location data.

1.1.3 Profile

The use of the services provided on the Platform allows entering a profile, which may include an address and a phone number.

1.1.4 Payment

In the context of paying for products and services offered on the Platform, it or external service providers may record financial data relating to the user's bank account or credit card.

1.1.5 Cookies

Cookies are used as part of the site usage. The user has the option to disable cookies from their browser settings.

1.2 Use of Personal Data

1.1 Collection of Personal Data

 

The personal data collected on this site (or "Platform") are as follows:

 

1.1.1 Account Creation

 

When creating the user's account, the user's first name, last name, email address, and date of birth.

 

1.1.2 Login

 

When the user logs into the Platform, it records, notably, the user's first name, last name, login data, usage data, and location data.

 

1.1.3 Profile

 

Using the services provided on the Platform allows for the creation of a profile, which may include an address and phone number.

 

1.1.4 Payment

 

For the payment of products and services offered on the Platform, it or external service providers may record financial data related to the user's bank account or credit card.

 

1.1.5 Cookies

 

Cookies are used in connection with the use of the site. The user has the option to disable cookies from their browser settings.

 

1.2 Use of Personal Data

 

The personal data collected from users is used to provide the services of the Platform, improve them, and maintain a secure environment. Specifically, the uses are as follows:

- Access and use of the Platform by the user;

- Management and optimization of the Platform;

- Organization of payment service conditions;

- Verification, identification, and authentication of data transmitted by the user;

- Implementation of user support;

- Personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

- Prevention and detection of fraud, malware (malicious software), and management of security incidents;

- Management of any disputes with users;

- Sending commercial and advertising information, according to the user's preferences.

 

1.3 Sharing of Personal Data with Third Parties

 

Personal data may be shared with third-party companies in the following cases:

- When the user uses payment services, the Platform is in contact with third-party banking and financial companies with which it has contracted to implement these services;

- When the user publishes information in the free comment areas of the Platform, which are accessible to the public;

- When the user authorizes a third-party website to access their data;

- When the Platform uses the services of providers to provide user support, advertising, and payment services. These providers have limited access to the user's data in the context of performing these services and are contractually obliged to use it in accordance with the applicable personal data protection regulations;

- If required by law, the Platform may transmit data to respond to claims against the Platform and comply with administrative and judicial procedures;

- If the Platform is involved in a merger, acquisition, transfer of assets, or bankruptcy proceeding, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

 

1.4 Security and Confidentiality

 

The Platform implements organizational, technical, software, and physical digital security measures to protect personal data from alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Platform cannot guarantee the security of information transmission or storage on the Internet.

 

1.5 Implementation of Users' Rights

 

In accordance with the applicable personal data regulations, users have the following rights:

- They can update or delete data concerning them by logging into their account and configuring account settings;

- They can delete their account by writing to the following email address: bonjour@margauxkellercollections.com. It should be noted that information shared with other users, such as forum posts, may remain publicly visible on the Platform even after their account has been deleted;

- They can exercise their right of access to know the personal data concerning them by writing to the following email address: bonjour@margauxkellercollections.com. In this case, before exercising this right, the Platform may request proof of the user's identity to verify its accuracy;

- If the personal data held by the Platform is inaccurate, they can request the update of the information by writing to the following email address: bonjour@margauxkellercollections.com;

- Users can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: bonjour@margauxkellercollections.com.

 

1.6 Evolution of This Clause

 

The Platform reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the Platform commits to publishing the new version on its site. The Platform will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new version of the personal data protection clause, they have the option to delete their account.

 

XVIII. FREE RETURNS

Metropolitan France

 
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