Terms of Sales
Terms of Sales
These conditions of sale are concluded on the one hand by the company HINDBAG whose head office is located at 30/32 BOULEVARD DE SÉBASTOPOL, 75004 PARIS, registered in the Paris Trade and Companies Register under number 811 626 084, ci - hereinafter referred to as HINDBAG and on the other hand, by any natural or legal person making a purchase via the HINDBAG website hereinafter referred to as "the buyer"
Article 1: Purpose
These conditions of sale are intended to define the contractual relationship between the HINDBAG and the buyer and the conditions applicable to any purchase made through the commercial site of HINDBAG, (hereinafter referred to as "the site"), that the buyer either professional or consumer. The acquisition of a good or a service through this site implies unreserved acceptance by the buyer of these conditions of sale. These conditions of sale shall prevail over all other general or specific conditions not expressly approved by HINDBAG, with the exception, for the same sector, of the legal or regulatory provisions in force, adopted and published by the French authorities, or a recommendation from the Unfair Terms Commission of the French DGCCRF (General Directorate for Competition, Consumer Affairs and Fraud Prevention). HINDBAG reserves the right to modify its conditions of sale at any time, without notice. In this case, the applicable conditions will be those published on the date of the order by the buyer.
Article 2: Characteristics of the goods and services offered
The products and services offered are those listed in the catalog published on the HINDBAG website. The photographs, images, representations, descriptions of the catalog are as faithful as possible but cannot ensure a perfect similarity with the product offered. Slight differences between the product represented and the product delivered may therefore occur. They cannot justify any compensation whatsoever, nor the revision or cancellation of the contract. This includes digital proofs, simulations aimed at giving the most precise idea possible, but which cannot perfectly reflect the final product (color, size in particular)
Article 3: Rates and taxation
3.1 General tariff conditions
For individuals, the prices appearing in the catalog are inclusive of VAT (all taxes included 20%), denominated in euros, and taking into account the French VAT (value added tax) applicable on the day of the order. For professionals, catalog prices are displayed exclusive of tax. Any change in the VAT rate may be passed on to the price of the products or services, subject to simultaneous information on the site. In accordance with article 1 hereof, HINDBAG reserves the right to modify its prices at any time, without notice. However, the price appearing in the catalog on the day of the order will be solely applicable to the buyer.
3.2 Price error
Exceptionally, a limited number of items appearing on the site may contain a price error. In order to avoid any injury to the buyer, HINDBAG carries out a price check at the time of dispatch. If the corrected price is lower than the price displayed on the site, HINDBAG applies the lowest price to the buyer's order, notifies him of the price reduction and sends him his article. If the corrected price is higher than the price displayed on the site, HINDBAG informs the buyer and proceeds, according to the buyer's choice, either to cancel the order or to send it at the increased price. The prices indicated include the cost of order processing and no delivery and transport costs.
Article 4: Availability
HINDBAG cannot and will not provide more details on the availability of items. In the event that the buyer pays by bank cheque, his order will only be processed upon receipt thereof and the applicable deadlines are those on the day of receipt of the cheque. If, despite all vigilance, the items prove to be unavailable, HINDBAG will inform the purchaser thereof, by e-mail or telephone as soon as possible. In the event that HINDBAG cannot provide the buyer with an article of equivalent quality and price, the buyer may cancel his order.
Article 5: Contract
5.1 Conditions for placing an order
The buyer declares to be adult under the laws of his (his) country and permitted by law or authorized by parents to place an order on the website. All orders placed on the website are supposedly aimed at household use. If confronted with extravagant or seemingly abusive orders, HINDDBAG reserves itself the right to refuse the order. To place an order the buyer must
- Complete the registration form to the minimum level of detail indicated and/or submit her (his) client number when registered
- Fill in the order form online giving all the references of products or services purchased
- Verify the order and validate it
- Proceed to payment following terms defined in the order
- Confirm the order and accept payment
Confirmation of order implies full acceptance of the present salesterms without any reservations, the recognition that the buyer is fully aware of this and renounces any form of right to refer to any other terms of sales. If the buyer is not the end user, the terms of sales for her (his) order overrule any others. The data supplied to place the order online are proof of the acceptance of the terms prevailing for this purchase. Confirmation is considered equivalent to a signature stipulating acceptance of the operations underway.
HINDBAG communicates electronically or by standard mail or by phone confirmation of the order made to the address supplied by the buyer. HINDBAG is not responsible for typing errors or recording mistakes due to the buyer.
5.2 Conclusion of the contract
HINDBAG will advise the buyer electronically or by mail that the goods have been dispatched. This notification is proof of acceptance by HINDBAG of the order placed by the buyer and therefore establishes the sales contract between HINDBAG and the buyer. These steps leading to conclusion of the contract are strictly the same irrelevant of the purchasing process on the website.
Article 6: Withdrawal
In accordance with articles L. 121-16 and following of the French Consumer Code, buyers who are consumers, non-professional natural persons, benefit from a withdrawal period of seven days from the delivery of their order for return the product to the seller, for exchange or refund without penalty, with the exception of return costs. The products must be returned in their original packaging and sealed.
Article 7: Methods of payment
The price is payable when ordering. Payments will be made by check, credit card or preferably bank transfer.
A deposit may be requested.
Article 8: Deliveries
Deliveries are made to the address indicated by the customer. The risks are borne by the purchaser from the moment the products leave HINDBAG's premises. In the event of damage during transport, a reasoned protest must be made to the carrier within three days of delivery. In the absence of protest, HINDBAG declines all responsibility and cannot be called upon as a guarantee without express consent on its part. Delivery times are given for information only and HINDBAG cannot under any circumstances guarantee these times.
Once the delivery has been made and signed with the carrier, it signifies the buyer's acceptance of the products. Once collected, the products are considered accepted by the customer. It is up to him to check his condition and to decline the delivery if this is not satisfactory for him.
8.2 Retention of title
The goods delivered will remain the property of HINDBAG until the buyer has fulfilled all his obligations towards HINDBAG, and in particular until full payment of the price, plus interest where applicable.
Article 9: Guarantees and complaints
All the products supplied by the seller benefit from the legal guarantee provided for by articles 1641 and following of the French Civil Code. In the event that the product sold does not turn out to be in conformity with its overall description, it may be returned to the seller who will take it back, exchange it or refund it. HINDBAG declines all responsibility in the event of non-substantial difference between the photo, the description of the product or the technical data sheet as published on the Site, and the essential characteristics of the product. All complaints, requests for exchange, information or reimbursement are made by post to the following address: 7 rue de l'Abbé de l'Epée, 75005 PARIS.
Article 10: Liability and exclusion of liability in the distance selling process
HIDNBAG, in the online sales process, is only bound by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, unsolicited messages from other companies, or other involuntary problems. In accordance with the recommendations of the Commission Nationale Informatique et Liberté, Hindbag undertakes to guarantee the confidentiality of individual data collected during transactions carried out via the site. HIDNBAG cannot be held liable for the normal processing of data collected, such as use for scientific or statistical purposes. In addition, Hindbag cannot be held liable in the following cases: 1° in the event of a breach of its contractual obligations, in a fortuitous event or a case of force majeure, as defined by the case law of the courts French or Community, according to the definition most favorable to the consumer, 2° in the event of damage resulting from loss of profits, commercial losses, loss of data, loss of expectations, even legitimate, loss of profit or any other damage not foreseeable to the time of use of the site or of the final conclusion of the contract. Notwithstanding the previous clause, hindbag remains liable:
- any direct and foreseeable damage at the time of use of the site, or the conclusion of the sales contract between the company and the buyer,
- in the event of theft or gross negligence on the part of one of Hindbag's agents
- in case of bodily injury
- due to defective products.
Article 11: Intellectual property
11.1 Elements of Hindbag's website and publications
All elements of Hindbag's website and publications are and remain the exclusive intellectual property of Hindbag. Are particularly concerned by this retention of title clause the images, logos, texts, animations, and other own elements subject to copyright and related rights, associated with publishing and distribution. The users of the site only enjoy a right of visit, and are in no way authorized to download or modify all or part of this site without written and express authorization from Hindbag. This license does not authorize the use of this site or its contents, for sale or for any other commercial use. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site whether they are software, text, visuals or sounds (these are in particular concerned the sound extracts, graphics, images , texts, photographs, tools). Hindbag authorizes users of the site, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the Site and it alone, on the formal condition that this link cannot be created against Hindbag or its partners, or to its products or services, a misleading, false, pejorative nature, or which may cause damage, material or moral, to Hindbag or its partners. Under no circumstances will the creation of this hypertext link engage Hindbag's liability in any capacity whatsoever, on the content of a site other than Hindbag's own site. Any use in said link of the Hindbag logo, its brand, its graphics, or figurative or semi-figurative elements making it possible to identify Hindbag, requires the latter's express written authorization.
Article 12: Personal data
In accordance with the law relating to data processing, files and freedoms of January 6, 1978, information of a nominative nature relating to the buyer may be subject to automated processing. In no way will said data be communicated to third parties, except duly authorized public authorities who request it. The buyer may object to the disclosure of his details by simply notifying HINDBAG. Similarly, users have a right to access and rectify data concerning them, in accordance with the law of January 6, 1978. The buyer has a right to access and rectify all data. concerning him in accordance with the recommendations of the National Commission for Computing and Freedom (CNIL). The customer can exercise this right of access and rectification by contacting HINDBAG by post at the following postal address: HINDBAG, 15 RUE DES ECOSSAIS 86000 Poitiers or by e-mail.
Article 13: Archiving - Proof
HINDBAG archives purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. Hindbag's computerized registers will be considered by the parties as providing a simple presumption of proof of communications, orders, payments and transactions between the parties.
Article 14: Settlement of disputes
These online sales conditions are subject to French law, as well as to the provisions of Community law which have direct effect in the French legal order. In the event of a dispute, jurisdiction is assigned to the appropriate courts in Paris, notwithstanding multiple defendants or warranty claims. Should the consumer go to another court, he undertakes to inform HINDBAG as soon as possible.