GTC
These General Terms and Conditions of Sale (hereinafter the “Terms and Conditions”) apply to any purchase made by any natural person who is not a merchant (hereinafter the “Customer”) on the website www.haydee-edition.com (the “Site”) published by Studio EV, LLC with capital of €1,000 838,078,715 R.C.S Bobigny, headquartered at 40 Kleber 93500 Pantin (“Haydée Edition”) and hosted by SHOPIFY Inc, headquartered at 126 York St. Ottawa, ON KIN 5T5, Canada.
In this context, the Customer and Haydée Edition agree that the terms and conditions of use of the site exclusively govern, with the order, as accepted by Haydée Edition.
Therefore, by placing an order on the Site:
The Customer acknowledges that it has the full capacity to commit you to the GTC; and
The Customer accepts without reservation the GTC and accepts that all deliveries and offers of Haydée Edition are made exclusively on the basis of these GTC.
Haydée Edition reserves the right, at any time, to modify, change or update these Terms periodically. The Customer must accept the changes before any subsequent orders.
At any time, Customers may contact Haydée Edition customer service using the contact details specified in Article 12.
ARTICLE 1 – DEFINITION
The following terms have the following meanings in the GTC:
Customer Means any natural person not a merchant who purchases one or more Products via the Site. The Customer must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives;
Haydée Edition Désigné Studio EV, SARL with capital of 1,000 euros, whose registered office is located at 40 rue Kéber 93500 Pantin
Delivery Means the first presentation of the Products ordered by the Customer at the delivery address indicated at the time of the order;
Product(s) Means one or more products that can be ordered on the Site, the Products are offered within the limits of available stocks. Haydée Edition does its best to ensure that the photographic representation of the Products is as accurate as possible. Moreover, it is possible that your perception of the photographic representation of the Products on your own screen does not exactly correspond to the Product.
Site
Refers to the website www.haydee-edition.com
Territory
Refers to EUROPE and DOM TOM.
ARTICLE 2 – PURPOSE
The GTC aims to define the contractual relations between Haydée Edition and the Customer and the conditions applicable to any purchase made through the Site to the exclusion of other sales made notably in store that are governed by the general conditions concerned.
The buyer is clearly informed and acknowledges that the Site is aimed at consumers and that professionals must contact the sales department of Haydée Edition in order to benefit from separate contractual conditions at the following email address: contact@haydee-edition.com
The acquisition of a product through this site implies an unreserved acceptance by the Customer of the terms and conditions which the Customer acknowledges having read prior to his order. Before any transaction, the Customer declares on the one hand that the purchase of Products on the Site is not directly related to his professional activity and is limited to a strictly personal use and on the other hand have full legal capacity, enabling it to commit to the terms and conditions.
Haydée Edition retains the possibility to modify these T&Cs at any time, in order to comply with any new regulations or to improve the use of its site. Therefore, the applicable terms and conditions will be those in force on the date of the order by the buyer.
ARTICLE 3 – ACCEPTANCE OF GTC
The Customer undertakes to carefully read the Terms and Conditions and the legal notices before proceeding with the payment of an order for Products placed on the Site.
The T&Cs are referenced at the bottom of each page of the Site by means of a link and must be consulted before placing the order. The Customer is invited to read, download, print and keep a copy of the General Conditions.
Romaine Editions advises the Customer to read the Terms and Conditions at each new order, the latest version of the said Conditions applying to any new order of Products.
ARTICLE 4 – PRODUCT ORDERS
The Products
It is recalled that the Products sold by Haydée Edition are marketed within the limits of available stocks. They are described as precisely as possible (product sheets, photographs, etc.), however, the Customer is invited to contact Haydée Edition’s customer service for any useful details.
The controls
Orders for Products are placed directly on the Site. To place an order, the Customer must follow the steps described below (please note that depending on the Customer’s start page, the steps may differ slightly).
Product selection
The Customer must select the Product(s) of his choice by clicking on the Product(s) concerned and choosing the desired quantities. Once the Product is selected, the Product is placed in the Customer’s shopping cart. The latter can then add as many Products to his basket as he wishes.
A summary of his order is then proposed to him (reference products, quantities, unit price, price including taxes, etc.) so that he can, if necessary, modify his order.
On this occasion, Haydée Edition informs the Customer of the authorized means of payment, the terms of delivery, the option to return the ordered products within 14 days from the date of their delivery.
Delivery terms
Once the order has been finalized, the Customer is invited to: identify himself using his identifiers or by completing the mandatory fields if he decides to continue his order without registration; choose or fill in his delivery and billing addresses; choose the methods of delivery of the products (delivery times, mode, price, etc.) among the options offered on the Site.
The information that the Customer provides to Haydée Edition during an order must be complete, accurate and up-to-date. Haydée Edition reserves the right to ask the Customer to confirm, by any appropriate means, its identity, eligibility and the information communicated.
The Customer is invited to verify the content of his order (including the quantity, characteristics and references of the Products ordered, the billing address, the means of payment and the price).
Payment and confirmation of the order
Once the verification of the content of the order has been carried out, the Customer is informed that his order implies an obligation of payment and that the personal data necessary for the processing of his order and the terms and conditions are collected by Haydée Edition, choose a method of payment from among those offered, accept the terms and conditions and proceed with payment. The Customer may also choose whether or not to have personal data about him collected and processed by Haydée Edition under the conditions of article 11.
Acknowledgement of receipt
Once the order has been paid, a confirmation message summarizing the essential characteristics of the order is sent to the Customer (failing this, the Customer is invited to contact Haydée Edition customer service).
Haydée Edition reserves the right to refuse an order. In this case, Haydée Edition will inform the Customer as soon as possible by informing him of the reasons for this refusal and will refund his payment in full within 14 days of his order.
ARTICLE 5 – PRICE
The price of the Products is stated in euros, including all French taxes (French VAT and other applicable taxes), excluding delivery costs, which are notified to the Customer at the time of placing the order. In the event of a change in the VAT rate, the price will be automatically changed without further notice than the due date of the new rate. For orders exempt from VAT, the provisions of the General Tax Code will apply.
The prices indicated on the Site may change. They may also be modified in case of special offers or sales.
The prices indicated are valid, except for gross errors. The applicable price is that indicated on the Site on the date on which the order is placed by the Customer.
Price reductions are based on reference prices which generally correspond to the prices offered to current customers outside the reduction period considered.
ARTICLE 6 - PAYMENT
Means of Payment
The Customer may pay for its Products online on the Site by the means offered by Haydée Edition.
The Customer guarantees Haydée Edition that it holds all the necessary authorisations to use the chosen payment method.
Haydée Edition will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the Site.
It is therefore specified that all payment information provided on the Site is transmitted to the bank of the Site and is not processed on the Site.
Late or refused payment
If the bank refuses to charge a card or other means of payment, the Customer must contact Haydée Edition’s customer service in order to pay the order by any other valid means of payment.
In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the flow of money due by the Customer would prove impossible, the order will be cancelled and the sale will be automatically terminated.
The ordered products remain the property of Haydée Edition until their full payment.
ARTICLE 7 – DELIVERY
The Products offered may only be delivered to the Territories mentioned in Article 1. It is impossible to place an order for any delivery address located outside these Territories.
On the occasion of their order, Customers are invited to choose from the delivery methods offered by Haydée Edition.
The Products are shipped to the delivery address(s) that the Customer has indicated during the order process. The carrier may contact the Customer to inform him of a delivery date and/or make an appointment for such a date.
Any shipment of an order will be notified by La Haydée Edition to the Customer by sending an email allowing, if necessary, to follow the routing. Delivery will be deemed to have been made at the time when the Customer or a third party designated by him, other than the carrier proposed by Haydée Edition, physically takes possession of the product.
Delivery costs are indicated in € TTC and are the responsibility of the Customers. These charges may vary depending on the weight, volume, nature of the Products as well as the carrier, delivery method and delivery location. Delivery costs are notified to Customers when they place an order.
For Customers located outside the European Union, customs fees may apply in accordance with the regulations in force. Customs taxes are the responsibility of the customer. It is therefore up to the Customer to inquire about their amount at his local customs office.
In view of customs clearance, delivery times can be extended.
As a general rule, delivery times are between 5 and 7 working days for metropolitan France, Corsica and Monaco and 7 to 12 days outside these territories. However, it is clearly stated that these deadlines are only given for information purposes and cannot be binding vis-à-vis Haydée Edition.
The delivery of several Products from the same order can be fragmented (the Customer will be informed by email).
In case of delivery delay of more than 30 days, the Customer may cancel his order, by registered letter with request for acknowledgement of receipt or by writing on another durable medium addressed to the customer service of La Haydée Edition, if, after having ordered Haydée Edition, under the same terms, to make the delivery or provide the service within a reasonable additional time, Haydée Edition did not perform within that time. In such case, the order will be deemed to have been cancelled upon receipt by Haydée Edition of the letter or writing informing it of this cancellation, unless Haydée Edition has been executed in the meantime. In case of cancellation of an order in the aforementioned forms, Haydée Edition will refund to the Customer all the sums paid, at the latest 14 days following the cancellation date.
Any apparent anomaly concerning an order (number of units, packaging status, etc. ) must be indicated precisely (detailed description of the anomaly) by the Customer on the delivery note of the carrier, in the presence of the latter. The Customer must immediately inform Haydée Edition by providing any useful evidence (photograph, description of the anomaly, etc.). An apparent anomaly is any anomaly that should normally be detected by a normally alert and informed consumer. Failing this, the products shall be deemed to have been delivered free of any apparent anomaly. It is therefore up to the Customer to preserve its rights vis-à-vis the carrier under the conditions provided for in article L.133-3 of the French Commercial Code (substantiated confirmation of the anomaly with the carrier by sending a registered letter within 3 days, not including holidays, which follow that of receipt of the products concerned.
ARTICLE 8 – RETRACTATION
Right of withdrawal
In accordance with article L. 221-18 of the French Consumer Code, the Customer has a period of 14 (fourteen) days from the day of receipt of the Products ordered, to exercise his legal right of withdrawal without having to give reasons for his decision.
Therefore, the returned Product must be in perfect condition of sale.
The withdrawal period expires fourteen (14) calendar days after the day on which the Customer, or a third party other than the carrier appointed by the Customer, physically takes possession of the Product.
In the event that the Customer has ordered several Products via a single order giving rise to several deliveries (or in the case of an order of a single Product delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the Customer, or a third party other than the carrier appointed by the Customer, physically takes possession of the last Product delivered.
To exercise its right of withdrawal, the Customer must notify its decision to withdraw from this contract by means of an unambiguous declaration to: Haydée Edition, 40 rue Kleber 93500 Pantin France or client@haydee-edition.com
In the event of withdrawal by the Customer, Haydée Edition undertakes to refund all sums paid for the Product ordered and returned by the Customer, excluding excessive delivery costs and, in any case, no later than fourteen (14) days from the day on which Haydée Edition is informed of the Customer’s desire to withdraw. The delivery costs of the return of the goods is at the customer’s expense.
Haydée Edition will refund using the same means of payment that the Customer will have used for the initial transaction, unless the Customer expressly agrees to a different means, in any event, this refund will not incur any costs for the Customer.
Haydée Edition may defer the refund until receipt of the property.
Terms of return
The Client shall, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the property to: Haydée Edition 40 rue Kleber 93500 Pantin.
This period is deemed to have been respected if the Client returns the property before the expiry of the 14-day period.
Return costs
The Customer shall bear the direct costs of returning the goods.
Status of returned property
The Product must be returned according to the instructions of Haydée Edition and include in particular all the accessories delivered.
The Customer may be liable in the event of depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and, where applicable, the proper functioning of the Product.
The Customer is liable only for the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product.
The Products must be returned to La Romaine Editions in a state appropriate to a new marketing (products in perfect condition accompanied by their original packaging, accessories, instructions...) in the fourteen (14) days from the date on which the Client informed La Romaine Editions of its decision to withdraw from the remote sales contract and no later than fourteen (14) days following the date on which the Client received the order.
Returns of returned products beyond this period will not be accepted.
ARTICLE 9 – INTELLECTUAL PROPERTY
All visual and sound elements of the Site, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of Haydée Edition. Anyone who publishes a website and wants to create a direct hyperlink to the website must request permission from Haydée Edition in writing.
This authorization from Haydée Edition will not be granted permanently. This link must be deleted at the request of Haydée Edition. Hyperlinks to the site that use techniques such as framing or hyperlinking (in-line linking) are strictly prohibited.
Any infringement of these elements, whether or not they are protected by intellectual and/or industrial property law, will be immediately prosecuted (including penally) and punished.
ARTICLE 10 – PERSONAL DATA AND COOKIES
Personal data
In this context, Haydée Edition undertakes, except as provided by law, to obtain the consent of its Customers whenever it collects personal data concerning them (for example by means of cookies).
Haydée Edition processes all data that you enter on the site or when you communicate with Haydée Edition namely:
Last name, first name, date of birth;
Postal address, email address, mobile phone number
Delivery address;
This data is collected and processed for the purposes of customer management, loyalty and promotion, management of orders and unpaid payments, litigation and customer opinions, etc. They are kept for the period strictly necessary for the fulfilment of these purposes and are never communicated to third parties, unless this is necessary for the performance of the GTC.
The Customer’s personal data are communicated to Haydée Edition and its employees, the subcontractors (delivery service, hosting provider, IT maintenance provider, email and SMS service provider, etc.), the administrative or judicial authorities or its external advice (only in the context of the management of any disputes, disputes or any other legal matter if applicable).
The fact that a Customer does not communicate to Haydée Edition the data concerning him entered as mandatory may have the consequence of making it impossible to use the site or place an order.
In accordance with the regulations on the protection of personal data, you have the following rights on your personal data:
a right of access to your personal data allowing you to obtain clear, transparent and understandable information on how Haydée Edition uses your personal data and your rights (as provided in this policy), as well as a copy of your personal data.
a right to rectification of your personal data allowing you to obtain the modification of your personal data if they are obsolete, inaccurate or incomplete.
a right to object to the processing of your personal data when it is based on the legitimate interest of Haydée Edition. Thus, Haydée Edition will cease processing, unless there are legitimate and compelling reasons that prevail over your interests, rights and freedoms, such as compliance with a legal obligation (such as the obligation on Haydée Edition to keep certain personal data) or the establishment, exercise or defense of a right in court.
a right to the temporary limitation of the processing of your personal data, particularly with a view to carrying out verifications, namely:
when you dispute the accuracy of your personal data, the time we can verify that it is correct;
if the processing is unlawful and, rather than asking for their erasure, you prefer to limit their use;
if Haydée Edition no longer needs your personal data for processing but they remain necessary to enable you to observe, exercise or defend a right in court;
if you object to the processing in application of your right of opposition, during the period of verification intended to confirm that the legitimate grounds pursued by Haydée Edition prevail over yours.
a right to withdraw your consent at any time for the purposes for which we have collected your consent.
a right to the portability of your personal data allowing you to receive the personal data you have provided to us, in a structured, commonly used computer format, and to have it transmitted to a third party if technically possible. This right is not exercised in all circumstances, it applies only if it fulfils all the following conditions:
it relates only to your personal data, excluding all anonymous or third party data;
it relates only to your personal data, excluding all anonymous or third party data;
it does not infringe the rights and freedoms of third parties, in particular those of Haydée Edition (in particular of intellectual property);
it concerns personal data processed in an automated manner (paper files are therefore not concerned);
the processing is based on your consent or the execution of a contract binding you Haydée Edition.
a right to erasure of your personal data (or right to be forgotten) where one of the following reasons applies:
you object to the processing of your personal data and there is no compelling legitimate reason justifying the maintenance of this processing (such as the obligation that would burden Haydée Edition to keep certain personal data);
you decide to withdraw your consent on which treatment is based;
when your personal data are no longer useful for the original purposes that justified their collection or another type of processing;
the use made of your data does not comply with the applicable laws or regulations.
a right to define directives, either general or specific, concerning your personal data in the event of your death (for example, their deletion or transmission to any person of your choice). You can revoke your instructions at any time.
For any questions and to exercise your rights, you can directly contact Haydée Edition by sending an email to the following address: privacy
Cookies
Cookies and other tracers (hereinafter “Cookies”) are technologies that store or retrieve information about your browser or terminal (computer, mobile phone, tablet, etc.).
They can be deposited and/or read, for example when consulting a website, a mobile application, or the installation or use of software, regardless of the type of terminal used.
Cookies do not identify you personally, but only the terminal used.
Haydée Edition uses cookies to enable its Customers to browse the Site and use its functions, measure the Site’s audience and for the purposes of targeted advertising. Beforehand, Haydée Edition always ensures to obtain the consent of its Customers by means of a banner displayed on the Site.
Most browsers accept Cookies by default. However, the Customer may configure its browser so that Cookies cannot be deposited on its device.
The Customer may also configure its browser to be notified at each request for the placement of Cookies, refuse all Cookies or allow the placement of only certain categories of Cookies. If the Customer refuses Cookies, he can still use the Site, however, at the risk of not being able to benefit from all the features of the Site.
ARTICLE 11 – TREATMENT OF CLAIMS - LIABILITY
At any time, Customers may contact Haydée Edition Customer Service by email at client@haydee-edition.com or in writing at Haydee Edition 40 rue Kleber 93500 Pantin, France.
ARTICLE 12 - LIABILITY
Customer’s default
Failure by the Customer to comply with the obligations provided for in the GTC (in particular in the event of fraud or attempted fraud or any payment incident) may result in the suspension of access to the Site, or the termination of the Customer’s account according to the seriousness of the acts in question, without prejudice to any damages that Haydée Edition may seek.
Liability of Haydée Edition, in the process of online sales, is only bound by an obligation of means; its liability cannot be incurred for any damage resulting from the use of the Internet such as data loss, intrusion, virus, breach of service, or other involuntary problems.
Haydée Editions may not be held liable under any circumstances in the event of non-performance or poor performance of the contractual obligations attributable to the Customer, particularly when entering its order.
Haydée Edition shall not be held liable, or deemed to have failed hereto, for any delay or non-performance, where the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.
In addition, Haydée Edition does not control websites that are directly or indirectly linked to the Site. Accordingly, it excludes all liability for the information published therein. Links to third party websites are provided for informational purposes only and no warranty is provided for their content.
The Customer is responsible for determining that the Products are suitable for the Customer’s intended use.
Within the limits defined by law, the liability of Haydée Edition in case of breach of its obligations defined in the GTC or by other legal provisions (including the defects inherent in the Product) is limited to the reimbursement or replacement of the Products concerned.
The Customer, prior to his order, declares having full legal capacity, allowing him to commit to the terms and conditions. Haydée Edition may under no circumstances be required to verify the legal capacity of its visitors and Customers. Consequently, if a person without legal capacity ordered articles on the Site, his legal guardians (parents, guardians, etc.) would assume full responsibility for this order and should honor the price.
Haydée Edition’s liability under the obligations of the General Terms and Conditions cannot be incurred in the event that the non-performance of its obligations is attributable to a third party even if it is foreseeable, at the fault of the Customer, or the occurrence of a force majeure event as defined by the French courts or any other event that has not reasonably been under the exclusive control of Haydée Edition.
The information accessible on the Site is provided "as is" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Site or their suitability for the use that the Customer plans to make of them.
Haydée Edition disclaims all liability for direct and indirect damages, whether foreseeable or not, caused by the use of the Site. In the event that Haydée Edition’s liability was to be established and retained on account of damage suffered by the customer and attributable exclusively to the placing of an order, this is limited to the amount of the order paid by the Customer.
Any claim filed by a user, including any Customer, against Haydée Edition must be made within 6 months of the occurrence of the event, subject of the claim.
ARTICLE 13 - MEDIATION
In the event that a dispute could not have been previously resolved directly between the parties, the Client shall be informed that it has the right to have free recourse to a consumer mediator for the amicable resolution of its dispute, after reading the information published on the ombudsman’s website www.medicys.fr (MEDICYS - 73, Boulevard de Clichy 75009 Paris.
The Client may also attempt to resolve its dispute through the online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/.
ARTICLE 14 - APPLICABLE LAW AND JURISDICTION
The General Terms and Conditions are subject to French law and any dispute relating to their execution or interpretation will fall within the jurisdiction of the courts of Paris, subject to the applicable public policy rules.
As such, it is recalled that the Consumer Code in its article R 631-3 provides that the "consumer may bring an action before either one of the courts having territorial jurisdiction under the Code of Civil Procedure or the court of the place where the consumer resided at the time the contract was concluded or the harmful event occurred."
Prior to any legal recourse, negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity, shall be privileged.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgement of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days the parties fail to reach an agreement, the dispute shall be submitted to the competent court designated above.
Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other and for the conflict being negotiated. By way of exception, the parties are authorized to bring the matter before the court of interim measures or to apply for an order on application. Any action before the court of interim measures or the implementation of a procedure on request shall not entail any waiver by the parties of the amicable arrangement clause, unless expressly agreed otherwise.