GENERAL TERMS AND CONDITIONS OF SALE
The site www.hommesoubetes.com ("the Site") is published by PANAMETTE SAS with a capital of 1000 euros, whose registered office is located at 71, avenue Victor Hugo - 75016 Paris, France, registered with the Paris Trade and Companies Registry under number 823 499 215.
1. SCOPE OF APPLICATION
The present general conditions of sale (CGV) define the rights and obligations of PANAMETTE and any purchaser of the products presented by PANAMETTE on its site WWW.HOMMESOUBETES.COM (hereinafter "the Site"). They exclusively govern the contractual relations between PANAMETTE and any user (hereinafter "the Customer") visiting or making a purchase via the said Site.
On the Site, PANAMETTE allows the Customer to order online, products of the brand HOMMESOUBETES (hereinafter "the Product(s)") according to the present general terms and conditions.
Any order placed on the site WWW.HOMMESOUBETES.COM means, de facto, that the customer accepts without reserve the present general terms and conditions which may be modified at any time and without notice by PANAMETTE, the applicable conditions being those in force at the date of the order by the Customer.
The present general terms and conditions of sale are permanently accessible at the following address: WWW.HOMMESOUBETES.COM, and prevail over any other document.
2. CONTRACT OF SALE
2.1. The Products offered for sale are presented on the website WWW.HOMMESOUBETES.com and accompanied by a description.
2.2. The customer acknowledges that the elements of the said description, in particular but not exclusively, photographs, texts as well as all other information and characteristics illustrating and/or accompanying the Products are not contractual and have only an indicative value.
Consequently, PANAMETTE cannot be held liable in any way in the event of error or omission of any of these elements or in the event of modification of said elements by suppliers and/or publishers.
2.3. The Customer declares to be at least 18 years old, not under tutelage and to have the legal capacity to place an order on the website WWW.HOMMESOUBETES.COM.
2.4. The Client undertakes to communicate to PANAMETTE the elements of real and necessary information for the provision of the service which is the subject of these conditions.
The Customer is liable for the consequences arising from false or inaccurate information provided or the use of which is unlawful.
2 .5. Once the order has been placed, PANAMETTE sends the Customer an e-mail confirming the order and informing him that the ordered Articles have been dispatched.
2.6. The purchases made by the Customer are intended for his/her personal use or to be given, excluding any resale or any commercial act whatsoever.
3. ORDER
3.1. An order can only be confirmed after payment has been accepted.
3.2. In accordance with the provisions of Article 122-1 of the Consumer Code, PANAMETTE reserves the right to cancel or refuse an order in the event of a dispute with the Customer about one or more previous orders.
3.3. PANAMETTE can accept orders within the limits of stock available. The Customer will be informed of the availability of the Products sold on the Site at the time of confirmation of the order.
If, despite PANAMETTE's vigilance, the products are not available, PANAMETTE will inform the Customer by e-mail as soon as possible. The latter may then cancel his/her order and be reimbursed the amounts already paid.
The definitive or temporary unavailability of an item can in no case engage the responsibility of PANAMETTE, just as it cannot give rise to any right to compensation or damages in favour of the Customer.
3.4. The validation of the order by the Customer implies his/her unconditional adherence to these General Terms and Conditions of Sale.
4. PRICE
The prices shown on the Site are indicated in euros all taxes included (French VAT and other French taxes possibly applicable) excluding delivery costs, contribution to order processing costs, packaging costs and customs fees, if applicable.
These will be brought to the Customer's attention before the final confirmation of the order.
PANAMETTE reserves the right to modify its prices at any time, without notice, for any reason whatsoever. The articles will be invoiced on the basis of the prices in force at the time of the registration of the order.
5. DELIVERY
PANAMETTE delivers its Products in France and within the European Union and can deliver to any country on request.
Products are dispatched with the delivery note, to the delivery address indicated by the Customer when ordering, excluding post office boxes. Any dispatch is made at the Customer's risk and in no way engages the liability of PANAMETTE, which is terminates as soon as the ordered article leaves the warehouse.
Deliveries in metropolitan France are generally made between 2 to 3 days after the order is placed. Nevertheless, the times indicated on the site remain indicative and are not considered as binding for PANAMETTE. In order to meet these deadlines, the Customer will ensure that he has provided accurate and complete information regarding the delivery address
If the product has not been dispatched within 7 working days of its order, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund.
If the article has been dispatched before receipt of the cancellation of the order for non-dispatch after more than 7 days, PANAMETTE will refund the article as well as the dispatch and return costs, upon its full receipt, in its original condition and with all labels.
The risks of transport are borne by the customer as soon as the ordered goods leave the warehouse. In case of damaged packages (already opened, missing products...), the Customer undertakes to notify the carrier and PANAMETTE, by any means, of any reserves within 3 days of receipt of the product.
The consequences due to a delay in delivery not being due to PANAMETTE cannot under any circumstances be held against the company (PANAMETTE).
6. PAYMENT
Full payment must be made at the time of order. The products remain the property of PANAMETTE until full payment of the order. The Customer pays his order by credit card (debit card, Visa, Eurocard/Mastercard) in accordance with the provisions of this article.
The Customer certifies that he is the holder of the credit card used when paying for his order.
The Customer expressly acknowledges that the communication of his/her credit card number constitutes authorization for PANAMETTE to debit his/her account for the amount of his/her order.
PANAMETTE retains ownership of the article until full payment of the price by the Customer. Purchases are made in a secure manner. The payment solutions that are used by PANAMETTE are 100% secure. For payments by credit card (debit card, Visa, Eurocard/Mastercard), all information that Customers provide to PANAMETTE is strictly protected and guarantees the conformity and security of each transaction.
7. EXCHANGES AND RETURNS
In accordance with articles L121-20 and the following articles of the Consumer Code, the customer may ask PANAMETTE for a refund of the product(s) ordered within fourteen (14) days of receipt of his/her order.
To do so, the Customer must first make a request for return or exchange by e-mail. This period includes the legal withdrawal period of seven days provided for in Articles L121-20 and the subsequent articles of the Consumer Code.
If PANAMETTE validates the return request made by the Customer, the return or exchange is at the Customer's risk and expense.
The Product must be returned within 7 days following receipt of PANAMETTE's validation email to the Customer. The Product must be returned in its original packaging, with the original labels, in its original condition, new, never washed and never worn. No Product returned in a state unsuitable for
its sale will be accepted. The Product must be accompanied by the invoice and the return form and sent to the address indicated on the return form.
If the item is not returned by the Customer within 7 days after receipt of the return form, the return is considered to be cancelled and the Customer must keep the product.
The returned Product will be refunded within a maximum period of thirty (30) days from its receipt by PANAMETTE, by a credit of the amount to be refunded to the Customer's bank account.
The expenses of return outside Metropolitan France are the responsibility of the customer, except if PANAMETTE delivered a damaged product or a product different from the one ordered.
Only one return (exchange/refund) per paid order will be accepted.
If the Customer fails to comply with these conditions, in particular the return or exchange conditions, PANAMETTE may not refund the Products concerned.
No returns from countries outside the European Union will be accepted. Similarly, if the purchase was not made via the website WWW.HOMMESOUBETES.COM, it will not give rise to any refund or exchange whatsoever.
8. GUARANTEES
In the event of non-conformity of the sent products, the Customer benefits from the legal guarantee of conformity and the warranty against latent defects, in accordance with the legal provisions in force (Articles L211-4, L211-5, L211-12, articles 1641 and 1648 first paragraph of the Civil Code).
The Customer must notify PANAMETTE by email within thirty days of receipt of the product.
9. INTELLECTUAL PROPERTY
The WWW.HOMMESOUBETES.COM Website and any part of this Website is a protected work and remains the exclusive property of PANAMETTE. Therefore, no part of the Site (such as and without limitation: videos, images, descriptions, illustrations, graphic design, listed products etc...) may, under any circumstances whatsoever, be modified, downloaded, reproduced, copied, sold or exploited for commercial or personal reasons without the express written permission of PANAMETTE.
The same shall apply to any other intellectual property rights.
Any representation, reproduction or use of said rights will give rise to legal proceedings.
10. LIABILITY AND FORCE MAJEURE
PANAMETTE has, for all stages of access to the site, from the ordering process to the dispatch of the parcel or subsequent services, only an obligation of means. PANAMETTE cannot be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a service failure, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and jurisprudence.
In the event of an event of force majeure, the party concerned must inform the other within fourteen (14) days of the occurrence of this event, by registered letter with acknowledgement of receipt.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial or commercial actions, civil unrest, insurrection, war, bad weather, epidemic, interruption of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of commercialization, computer failure, telecommunications disruption, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal fulfilment of the contractual relationship.
All obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
11. PERSONAL INFORMATION
PANAMETTE undertakes to use the Customers' confidential information only within the scope of order management and in general terms for the operation of its Site.
The Customer further acknowledges that, in order to allow for the smooth processing of the order, the personal data collected will be subject to computer processing and that data concerning him/her may be transmitted to our service providers and/or suppliers.
In accordance with the law of 6 January 1978 amended by the law of 6 August 2004, the Customer has a right of access to and rectification of personal data concerning him/her. Any requests should be sent by e-mail to: contact@hommesoubetes.com.
This data processing has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) which issued declaration receipt no. 2122843V0 on 22 November 2017.
12. DISPUTES
If any provision of these general terms and conditions is found to be invalid or inadmissible for any reason, it shall be deemed not to have been written and shall in no way affect the validity of the remaining provisions of the present general terms and conditions.
The contract of sale concluded by the acceptance of these GTC is written in French and is subject to French law.
In case of dispute, if an amicable solution could not be found between PANAMETTE and The Customer, only the French courts will be considered competent.