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The site Hateia.com is property of the L&J Diffusion society, SAS registered under the number RCS 802396481
Its adress is: 19 rue saint Eloi 13010 Marseille and its e-mail address is contact@hateia.com
Any order taking in conformance for a product appearing within the online shop of the site hateia.com suppose the consultation and the preliminary acceptance of the present general terms of sale.
The click of validation of the order implies a full acceptance of the present conditions.
This click has a value of "digital signature”.
OBJET
The present general terms and conditions have its purpose in defining the rights and obligations of the parties within the framework of the on-line sale of the goods proposed by Hateia.com to the consumer.
PRODUCTS
All the efforts are made to make sure of the accuracy of the information presented on Hateia.com
Hateia nor its suppliers are nevertheless responsible for consequences, incidents, special damage resulting from electronic transmissions or from the accuracy of the information transmitted even in case Hateia had knowledge of the possibility of such damage.
Products proposed for sale by Hateia.com are the ones which appear on the site, while stocks last.
PRICE
All prices on this website are stated in Euro. They include any VAT payable the day the order is due but exclude delivery charges.
The mentioned prices do not take into account the shipping costs that will be charged and specified to the client in the final validation of the order.
The products are Hateia’s property until the payment is due.
Hateia can change the prices given in the web site Hateia.com, any time and without prior notice.
However, the modified prices will just be applied to the new orders and not to the ones which have already been accepted.
ACCEPTANCE OF ORDERS
The contractual information will be the object of a confirmation by e-mail at the address indicated by the consumer within the order form.
When an order in confirmed, you recognize to have read and accepted the present General Conditions.
For more information about the the follow-up of your order, you can ask the customer service by e-mail:
contact@hateia.com
PAYMENT
The total amount of your order will correspond to the selling price of the products plus the shipping costs in euros. The payment will be due, expect for unavailability of the server, immediately through internet by Credit Card (Blue, Visa, Eurocard/Mastercard) or by Paypal.
The regulation of the purchases is made with the 3D Secure solution payment.
According to the article L. 122-1 of the Consumption Code, Hateia.com has the right to refuse any order in case of existing dispute with the customer, of total or partial non-payment of a previous order by the customer, a refusal of authorization of credit card payment of the banking bodies, the non-payment or the partial payment.
In case the bank account of the customer is not denominated in euros, the total amount to be paid is calculated according to the exchange rate of day practised by the banking institution of the customer.
For the deliveries outside the European Union, the possible customs charges are chargeable to the customer.
PROOF OF THE TRANSACTION
The computerized registry, preserved in the computer system of Hateia’s society within the reasonable conditions of security, are considered to be the proofs of the communication, the orders and the payment agreed between the parties.
The archiving of order forms and invoices is made on a reliable and long-lasting medium that can be used as a title of proof.
SHIPPING METHODS
The products are shipped to the address indicated by the consumer in the order form and only to the geographic zones in which we delivery.
We cannot take responsibility if such address is wrong.
Every product leaves our warehouse in perfect conditions. The client must indicate to the carrier every trace of collide (hole, tracks of crushing, etc.) in the package, he/she must refuse to take the package.
An exact new product will be sent in replacement.
The exchange of every declared product, a posteriori, damaged during the transportation of it, without any provision being issued in the reception of the package, would not be taken in charge.
Like in every expedition, it is possible suffering a delay or that the product gets lost.
In such case, we will contact the carrier to start an inquiry. All of the efforts will be made, as long as it takes to take back the package.
In the case it’s not found, the company will be refund by the shipper and send back a new identical package.
Any validated order is shipped the next working day. Therefor, any order validated on Friday or during the weekend will be shipped on Monday.
The indicated delivery deadlines are to be counted from the expedition day, that is the working day after the validation of the order made by the client.
They correspond to processing time and of delivery of products. On no account they can be opposable, but in case of unusual delay, an e-mail will be sent to you.
In the case of multiple orders, we save ourselves the possibility of delivering the products separately (every partial delivery being considered for constituting a separate contract) or of delivering only a part of the order.
The online shop assures the delivery to the following countries:
Zone 1:
France metropolitan.
Zone 2: Germany, Latvia, Austria, Lithuania, Belgium, Luxembourg, Bulgaria, Malta, Cyprus, Netherlands, Denmark, Poland, Spain, Portugal, Estonia, Czech Republic, Finland, Romania, The United Kingdom, Greece, Slovakia, Hungary, Slovenia, Ireland, Sweden, Italy.
The shipping costs are 6 euros TTC for the Zone 1 and of 15 euros TTC for the countries in Zone 2.
CUSTOM DUTIES
The clients who not live in the European Union will assume the payment of the custom duties to allow the entry of the product in their territory.
It is assumed that those clients will pay their products without VAT tax (the quantity of the tax is not specified in the price of the goods of the e-shop). Hateia is not obliged to verify nor inform its clients of the client’s custom duties or the applicable taxes.
However, it belongs to the client the possibility to check it with the corresponding authorities of its country.
In case of refusing to pay the custom duties or taxes, the quantities requested to Hateia to take back the package will be deducted from the refund that would be made to the client.
DELIVERY PROBLEM DUE TO A CARRIER’S FAILURE
Any anomaly regarding the delivery (damage, product missing during the delivery, damaged package, broken products…) must be necessarily indicated on the delivery slip in the form of " reserve handwritten ", accompanied with the signature of the customer.
The consumer must confirm at the same time this anomaly by sending to the carrier in two working days following to the delivery date a registered letter with acknowledgement of receipt exposing the object of the complaint.
The consumer will have to send a copy of such letter to 19 Rue Saint Eloi 13010, Marseille, France.
Without this report, we won’t do any exchange.
We are not liable for the delays due to a carrier’s failure, specially in case of loosing the package, bad weather or strikes.
DELIVERY ERRORS
The consumer will have to formulate in Hateia.com, that very day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or with the non-compliance of products in kind or in quality with regard to the indications appearing on the order form.
Beyond this deadline, any complaint will be rejected. The formulation of this complaint can be to make in contact@hateia.com
Any complaint not made following the rules defined above and within the time limits allowed cannot be taken into account and will clear L&J Diffusion of any responsibility to the consumer.
In case of error in the delivery or exchange, any product to exchange or refund must be returned to Hateia in its original packaging to 19, rue Saint Eloi 13010 Marseille.
To be accepted, any return must be indicated and have the preliminary agreement of Hateia.com, and in case of agreement will send the package to the good address.
PRODUCT GUARANTEE
All the sold products benefit from the guarantee "satisfied or refund" within 7 days.
Any request of credit note or refund will have to be made through the column "Ask for return", available in "My Account” or through the e-mail contact@hateia.com
In the case in which the client does not respect this procedure, the processing time of the return can be considerably extended.
A refund will not be possible therefor, if the clients does not respect the period for the right to retract.
Only the products returned in perfect conditions and in their original packaging in re-sale state will be accepted. The return of washed or worn products, as well as the damaged boxes will be refused.
The guarantee won’t be applied under the following conditions: a damage is not caused by the customer, a negligence, a deterioration or an inappropriate use of the product.
PRODUCT AVAILABILITY
The products proposed by Hateia.com are valid while they are online, as long as the stocks last. The indications about the availability of the products will be transmitted during the checking of the order. Under the inconvenience of unavailability of the products after the order is made, L&J Diffusion is committed to inform you by e-mail as soon as possible. Your order will be automatically refund if it has already been debited.
The refund will be effectuated in the client’s bank account in a period of 30 days from the day the payment is effectuated.
RETRACTATION RIGHT AND EXCHANGE
The retraction right can only be applied to physical persons.
The consumer has a period of natural 7 days to return, by their own, the products that don’t suit them. This period starts the day the client receives the order. Any return can be previously indicated to the customer service of Hateia: contact@hateia.com.
The product must be returned to 19 Rue Saint Eloi 13010, Marseille, France.
There will only be accepted those products returned in perfect conditions, in their original packaging, in perfect re-sale conditions. Any product damaged, worn, deteriorated, out of its original package, won’t be refund nor taken back or exchanged. Any returned product must have its original label and the hygienic protection on in the bottoms.
In the hypothesis of the exercise of the right to retract, the consumer has the choice to ask or credit note, refund of the paid sums, or the exchange of the product.
*In case of promotion the returned product can only be exchanged, not refund.
CREDIT NOTE
Credit notes are only valid for a period of 12 months after its emission. The credit note will be registered into the client’s account and proposed as a mean of payment in the following orders. In the case that the quantity due in the next order in inferior to the credit note, Hateia.com will record the difference in a new credit note. This new credit note will have the same valid period as the initial one.
REFUND
The refund will be due in the next 14 days through the same mean of payment used by the consumer unless this one agrees otherwise.
OFFERS AND PROMOTIONAL CODES
Promotional codes, "sponsoring” or "fidelity” promotions generated by Hateia are not applied to shipping costs unless the promotion is on the them.
The promotional codes are not conmmulative with other promotional codes (unless if it’s specified). The offers and promotional codes are not exchangeable for its monetary value.
In case of returning the article (refund or credit note), the promotional codes cannot be used for the next purchase.
USAGE RIGHTS
The brand Hateia is a trademark registered in the INPI. Any product, images, photos, designs, logos, models or packaging appearing in Hateia.com belong to the L&J Diffusion’s property. Any copy, partial or complete, modification or utilisation of the elements of intellectual property, for whatever reason or whatever purpose, is strictly forbidden without written authorisation, previously expressed by L&J Diffusion. The user of a private-owned website who wishes to place a link sending back directly to the homepage Hateia.com, has necessarily to ask for authorisation to L&J Diffusion.
On the other hand, any hypertext link sending back to the site and using the technique of the framing or in-line linking is formally forbidden. In any case, every link, even formally authorised, can be removed under the simple demand of L&J Diffusion. Hypertext links can send back towards other sites other than the site. L&J distribution clears any responsibility in case the contents of these sites would violate the current laws and regulations.
SUBSCRIPTION TO THE NEWSLETTER
If you are subscribed to the newsletter of the brand Hateia, you will receive information about the offers, news, and events of the brand Hateia. The subscribers to the newsletter can undo the subscription anytime by asking through the e-mail contact@hateia.com
FORCE MAJEURE
None of the parties will have failed to the contractual obligations, as far as the execution is delayed, hindered or prevented by a cause of force majeure. It will be considered a case of force majeure any fact circumstantial extern to the parties, unplanned, inevitable, independent to the parties’ intentions, that cannot be restrained by these parties, every effort possible made. The party affected by those circumstances will notify the other on the date of the acknowledge of it. The two parties will keep in touch to examine the incidence and agree the conditions under which the contract will continue. If the force majeure lasts more than three months, the present general conditions can be cancelled by the injured party.
Expressly, are considered to be cases of absolute necessity or coincidences, besides those who are usually defined by the jurisprudence of the courts and the French courts: the blocking of the means of transportation, earthquake, arsons, storms, flood, lightning, the failure of the telecommunication networks or the difficulties due to the external telecommunication networks to the customers.
NON-PARTIAL VALIDATION
If one or several of the present general are considered not validated or declared such in enforcement of the law, a regulation or following a definitive decision of a competent jurisdiction, the other conditions will remain as valid.
NON RENUNCIATION
The fact that one of the parties not to take advantage of a breach by the other party in any of the obligations aimed within the framework of the present general terms of sale, could not be interpreted for the future as the claiming in the obligation in cause.
APPLICABLE LAW
The present general conditions are subjected to the French law. Also for the substantive and formal rules.
In case of dispute or in case of complaint, the consumer will address first and firstly to Hateia to obtain a friendly solution.
PROTECTION OF PERSONAL DATA
Any of the data that you give to us, has the purpose to deal with the orders.
Under the law nº78-17 of 6th January 1978 concerning the files and concerning the liberties, you have with Hateia of a right of rectification, consultation, modification and abolition of the data which you communicated to us. This right can be also exercised online.
MODIFICATION OF THE GENERAL SALE CONDITIONS
Hateia can modify in any moment the general sale conditions. These modifications will be published online, known and accepted without reserve by any visitor who access the website.
LITIGES
Any order made through the website Hateia.com takes the support of the customer, and it without any limitation, the general terms of sale. In case of a sale to a legal person, quite various concerning the sale (prices, CGV, products) will be subjected to the French law in front of the Commercial court of the head office of the company L&J distribution.
HOSTING
The website is held by Oxatis – E-commerce website maker. | 