General Conditions of Sale
The company HEDIARD, a limited company with capital of €437,385, entered in the Paris Trade & Companies Register with the no. 612 051 920, with its registered office at 21, Place de la Madeleine 75008 PARIS and the intra-community VAT number FR 92 612 051 920, operates the HEDIARD web site which can be accessed using the address: http//www.hediard.com (referred to hereinafter as “the Web Site”).
HEDIARD conducts on line sales activities for certain of its products, via this Web Site. This service complements the network of HEDIARD stores. It is not designed to sell to the trade for resale.
The system, established in this manner, presupposes an active process on the part of the client, who is an internet user with a functional e-mail address, an individual or the representative of a legal entity, either professional or private, with the technical resources needed to use the service, which can be accessed via the Web Site and for which he/she is responsible and for which he/she bears the inherent costs of the internet connection allowing him/her to connect to the Web Site.
These general conditions for on line sales govern all relations between HEDIARD and its clients, within the framework of a distance selling system, and the two parties accept them unreservedly. These general conditions, which can be viewed on line at the Web Site’s principal address, as well as downloaded and printed, take precedence over all other reproduction media.
Prior to placing an order for products, the Client declares that he/she is fully aware of the following provisions and expressly and irrevocably accepts the terms outlined below.
Web Site: The web site, which can be accessed using the address: http//www.hediard.com on which HEDIARD offers products for sale.
Purchaser – Client: the individual or representative of a legal entity, professional or private, who purchases one or more products offered for sale by the company HEDIARD via the Web Site and who does not subsequently resell them.
Vendor – HEDIARD: the company represented by its legal representative, its employees and agents identified by the Web Site, with whom the Client concludes a distance selling contract.
Parties: the Purchaser and the Vendor.
Order: The Client’s Purchase Order, on the Web Site, for one or more products.
Payment irregularity: a non-payment, a late payment, a partial payment of the amount due, a rejection of a payment method or a refusal by the bank at which the account is held to action a payment.
ARTICLE 1: SUBJECT
The purpose of these general conditions is to outline the purchasing conditions to which the Client unreservedly subscribes by using the Web Site in order to choose one or more products selected and displayed by the Vendor, to proceed with a purchase and to obtain delivery to the place of his/her choice.
Our offers are reserved exclusively for private clients, individuals or legal entities, for use without resale.
Any individual or legal entity wishing to purchase HEDIARD products in order to resell them is invited to contact Hédiard via the e-mail address: firstname.lastname@example.org
ARTICLE 2: ENFORCEABILITY OF THE GENERAL CONDITIONS
Pursuant to the provisions of the law of 21 June 2004 governing trust in the digital economy and the law of 13 March 2000 governing electronic signatures, the deed by means of which the client confirms his/her order via a computerised transaction, which is outlined to him/her on the Web Site, or who gives his/her consent by phone, represents an irrevocable acceptance of the applicable general conditions.
The general conditions appearing on the Web Site therefore take precedence over all other conditions of sale that may appear in other documents issued by Hédiard.
The fact that the Vendor has refrained from exercising any one of the general conditions, at a given moment, may not be interpreted as a subsequent definitive waiver of any one of the general conditions by the Vendor.
ARTICLE 3: ORDERS
3.1. Protection of minors and the sale of alcohol
Pursuant to the provisions of article L. 3342-1 of public health legislation, the sale of alcohol to minors is prohibited. The purchaser must have the legal capacity required pursuant to article 3.2 of these general conditions of sale.
On delivery, HEDIARD reserves the right to ask for proof of identity.
For complete information: purchases of alcoholic drinks per day and per person are limited to 10 litres for liquors and spirits, 20 litres for intermediate products, 90 litres for wine and other fermented products, 60 litres for sparkling wine and 110 litres for beer.
3.2. The purchaser’s legal capacity
Only individuals, who are legally capable of concluding contracts for the products offered for sale by the company HEDIARD, may place an order.
The client declares to the company HEDIARD that he/she has complied with the General Conditions for Distance Selling and, in order to conclude the sale, has reached the age of legal majority and is neither under the protection of a guardian nor is he/she a ward when placing the Order.
If he/she represents a legal entity, he/she declares that he/she has the authority to commit the legal entity to a distance selling “client-supplier” contract.
3.3. Placing an order
3.3.1. User ID and password
When placing his/her first Order, and in order to personalise his/her relationship with HEDIARD on the Web Site, the Client may create an account on the Web Site. In order to do so, the Client must enter a User ID and a personal password. A check is then undertaken by the IT system with the aim of verifying that the User ID is unique.
The User ID and the personal password provide proof of the Purchaser’s identity and commit him/her to any Orders placed using them, subject to the individual exercising the right of retraction, as outlined in article 15 of these general conditions.
They have the status of an electronic signature pursuant to the law of 13 March 2000. The Purchaser’s User ID and personal password are his/her responsibility and he/she alone will bear the consequences that may result from any use of them by third parties into whose hands they may fall, unless the Purchaser can prove that knowledge of his/her personal password and User ID by third parties is the result of a direct error on the part of HEDIARD.
Should the Purchaser forget his/her User ID or personal password or should he/she believe that they have become known to a third party, the Web Site provides the Purchaser with a function explaining how to obtain a reminder of his/her User ID and to choose a new password at any time.
Using his/her User ID and personal password, the Client may subsequently access the Web Site at any time in order to place Orders.
By using the Web Site, the Client agrees to provide all the information needed to place his/her Order: specifically, his/her identity – address – delivery address where this differs – his/her telephone number and the chosen payment method for the Order. As regards payment by credit/debit card, the Client must have his/her card to hand in order to verify the type of card and to confirm the information appearing on it: its number, expiry date and security code and all the details needed for payment.
It is the responsibility of the Client to carefully check the information he/she provides and the products forming the subject of his/her Order before finally confirming it.
The Order processing system allows him/her to review his/her Order in order to amend it or correct any possible errors before finally confirming it. HEDIARD may not be held responsible for errors on the part of the Client.
3.3.2. Order confirmation
Placing an Order represents acceptance of the price, the characteristics of products featured on the Web Site and the delivery terms.
The Client places an Order by clicking on confirm for the entire Order.
Once the Order has been received, HEDIARD will confirm acceptance of the Client’s Order, as rapidly as possible, using the method of his/her choice: electronic mail using a confirmation e-mail. The sale will only be concluded when the Order is confirmed by HEDIARD and, at the latest, when it is delivered.
3.4. Rejection of an order by HEDIARD
Pursuant to the provisions of article L. 122.1 of consumer legislation, HEDIARD is entitled to reject any order for a legitimate reason; i.e. in the event of proven financial difficulties on the part of the Purchaser – payment irregularities – foreseeable problems affecting delivery, Orders placed in bad faith by the Purchaser, or even for the Vendor to confirm the Purchaser’s identity by asking him/her to provide official proof in this respect.
ARTICLE 4: DELIVERIES – LEAD TIMES
4.1. Receipt of products
Risk will be transferred on receipt of a delivery by the Client at the agreed location. The Client must check the condition of products on arrival and, where necessary, take recourse against the carrier.
In the event of missing, lost or damaged goods, the Client must express all the reservations that he/she deems useful to the carrier responsible, when the products are delivered:
*Immediately and definitively stating the nature and extent of the damage on the delivery note when the goods are received.
*Confirming the justified complaint to the carrier, by means of a registered letter, within three days following receipt of the items transported, at the latest; this is required under penalty of preclusion by article L.133-3 of commercial legislation.
These two conditions are indivisible and mandatory for calling the carrier’s liability into question. A Client complaining of a partial loss or damage must state that it existed at the time of delivery.
HEDIARD is released from its obligation to deliver in exceptional circumstances (complete or partial strikes, destruction, fire, etc.) and cases of force majeure. In such cases, HEDIARD will reimburse the amount paid by the Purchaser for the undelivered Order or will deliver on a date to be agreed with the Client. Compensation will not be paid to the Client because of a non-delivery, in any circumstances.
On delivery, the Client may be obliged to provide proof of his/her identity, on the request of the carrier. In the event that the Client should refuse to produce his/her proof of identity or even in the event of discrepancies between the official document produced and the information gathered by HEDIARD, the company reserves the right to cancel the sale and reimburse the cost of the products.
4.2. Delivery lead times
Lead times for standard delivery are 48 hours during working days, Monday to Friday. ( subject to availability of products :the gift hampers require un preparation delay of 1 to 2days)
For Paris and its suburbs, we offer a same day delivery option. Orders placed before 1pm on weekdays are delivered between 9am - 9pm, Monday to Friday. Orders placed after this time will be delivered the following day before noon.
The cost of this express delivery service is €35 (inc. VAT).
The districts and departments for which we can provide express delivery are:
75001, 75002, 75003, 75004, 75005, 75006, 75007, 75008, 75009, 75010, 75011, 75012, 75013, 75014, 75015, 75016, 75017, 75018, 75019, 75020, 78100, 78150, 78170, 78230, 78400, 78430, 92000, 92100, 92110, 92120, 92130, 92140, 92150, 92170, 92190, 92200, 92210, 92230, 92240, 92250, 92270, 92300, 92320, 92400, 92430, 92600, 92700, 92800, 92900, 93000, 93100, 93120, 93170, 93200, 93210, 93260, 93300, 93310, 93350, 93400, 93450, 93500, 94110, 94160, 94200, 94220, 94230, 94250, 94270, 94300, 94410, 94700, 95100, 95870
4.3. Delivery costs for products
On the date on which these General Conditions for Distance Selling come into force, the delivery charges for Orders in euros are as follows:
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In exceptional cases, the costs outlined above may vary between the Order date, its confirmation by HEDIARD and delivery. In this case, HEDIARD will specify the new cost in the e-mail confirming the Order and will await the Client’s definitive acceptance of this new charge. Should the Client fail to respond within a period of 48 hours following the confirmation e-mail, the Order will be considered cancelled.
The product or products forming the subject of the Order will be delivered within a period of 1 to 3 Working Days following confirmation of the aforementioned Order. This lead time is provided for information only and does not, in any way, represent a commitment on the part of HEDIARD, which makes use of the services of contractors for carriage.
The countries and departments to which we deliver are:
- Zone 1: Paris and the Ile de France
- Zone 2: The rest of France, excluding overseas departments and territories
- Zone 3: Corsica
- Zone 4: Germany, the Netherlands, United Kingdom, Belgium, Luxembourg
- Zone 5: Spain, Portugal, Italy, Austria, Denmark, Finland, Greece, Ireland, Sweden
- Zone 6: Hungary, Poland, the Czech Republic, Slovakia, Slovenia, Bulgaria, Latvia, Lithuania, Romania
- Zone 7: Malta
- Zone 8: Cyprus, Estonia, overseas departments and territories
4.4. Delivery terms depending on the carriers appointed by HEDIARD
By express agreement between the Parties, HEDIARD is authorised to appoint the carrier of its choice to make deliveries.
Delivery lead times may be modified during holiday periods. HEDIARD rejects all responsibility for late deliveries during holiday periods.
Delivery lead times are also automatically suspended by any event beyond the control of the Vendor, which has the effect of delaying deliveries.
The Purchaser must provide the Vendor with the exact information needed for delivery (door code, floor, possible delivery days and times, telephone number, etc.).
The Vendor rejects all responsibility and all claims for compensation in the event of a delay caused by inaccurate or erroneous information from the Purchaser.
In the event that the Purchaser or the recipient of an Order, where the latter is not the Purchaser, refuses to accept delivery of the Order or wishes to return one or more products covered by the Order, HEDIARD will reimburse the Purchaser for the amount of the product or products returned as well as the return costs, on condition that all of the following conditions are met:
The Purchaser or recipient, as the case may be, must make contact with HEDIARD’s On Line Sales Customer Service Department:
- The products in question must not have been opened or unpacked,
- They must be returned in their original packaging, or in new packaging, which is sufficiently robust and properly sealed, if the original packaging has been damaged,
- They must be returned within a period of 7 (seven) calendar days from the date on which the Order was received,
- The Purchaser or Recipient must retain proof of posting/despatch of the parcel; in effect, HEDIARD regrets that, without this proof of posting/despatch, it is not able to reimburse the costs of any parcel not received by it.
This option is currently only available to Purchasers or individual recipients for standard deliveries in mainland France, excluding Corsica.
Given their nature and the fragility of our chocolate and alcoholic products, we regret that we are unable to include them in the list of products that can be returned to us. Furthermore, we are also unable to accept returns of hampers/gift boxes, whatever their contents.
Free standard delivery applies to individual orders over 200€ (excluding delivery charges) to Metropolitan France, excluding Corsica. This offer is not applicable for International or Express deliveries. Hédiard reserves the right to end or extend this offer at its discretion.
ARTICLE 5: PRICES
Orders are invoiced in Euros.
The prices applied are those in force on the day on which the Order is placed. Prices are expressed in euros (including VAT), - unless stipulated otherwise on the Web Site.
As a result of fluctuations in exchange rates, adjustment of transport costs, materials, etc., these prices may be subject to change. HEDIARD therefore reserves the right to modify its prices without prior notice.
Prices are expressed ex-HEDIARD’s Colombes warehouses and do not include delivery. The cost of carriage is outlined in article 3 of these general conditions.
Clients located outside mainland France must obtain information regarding import duties or taxes that may apply to their Orders and assume complete responsibility for both declaration and payment.
ARTICLE 6: PAYMENT
Payment for Orders must be made by credit/debit card only (CB, VISA, EUROCARD/ MASTERCARD, AMERICAN EXPRESS).
The Client’s bank account will only be debited when the Order is despatched.
With the exception of exercising his/her right to retract or cancel the Order, as outlined in article 15 of these general conditions, the Client making a payment by credit/debit card may not cancel it.
Proof of the price of the Order appears on the purchase order, produced in HTML format, which is stored securely on HEDIARD’s server. The price defined in this manner is fixed and final. The Client receives an electronic mail containing a payment confirmation e-mail.
ARTICLE 7: LATE PAYMENT – NON-PAYMENT
In the case of the late payment of an invoice or bank account irregularities, the amounts due will bear interest at three (3) times the legal rate, without the need for formal notice; this clause not affecting the payable nature of the debt.
Any recovery by means of litigation will automatically result, at the cost of the Purchaser, in fixed compensation, by way of a penalty clause, of 15% of the value of invoices not paid by their due date, without prejudice to claims that may be made by virtue of article 700 of new civil proceedings legislation.
In the case of late payment or unpaid invoices, HEDIARD reserves the right to suspend all deliveries and cancel Orders in progress.
ARTICLE 8: CANCELLATION OF A SALE
Should the Client fail to fulfil any one of his/her obligations, in particular those relating to payment, HEDIARD reserves the right to automatically cancel the sale and recover ownership of the goods. Any possible deposits and part payments made by the Client will remain in the possession of the Vendor as initial compensation, without prejudice to any other claims.
ARTICLE 9: INABILITY TO DELIVER
By express agreement, all events of any kind beyond the control of HEDIARD, including exceptional circumstances, force majeure, accidents, strikes, official rulings or transport stoppages, which may delay, prevent, or exorbitantly increase the cost of delivery, represent a cause for suspending or terminating HEDIARD’s obligations, as it sees fit, without any compensation for the Client.
HEDIARD will inform the Client, by any appropriate means, of the existence of any such events and will reimburse the cost of the undelivered Order. A new delivery may be scheduled, on the basis of conditions to be agreed, if required by the Client.
ARTICLE 10: RETENTION OF TITLE CLAUSE
All sales are concluded with a retention of title.
As a result, the transfer of ownership to the Purchaser of products sold is suspended until full payment of the price, pursuant to the provisions of article 2367 of civil legislation and decree no. 2006-346 of 23 March 2006 governing liens.
The risks are borne by the Purchaser once the products sold are delivered to the agreed location subject to the retention of title.
The Purchaser is solely and entirely responsible for all damage that the products may suffer or cause, for whatever reason, following delivery.
ARTICLE 11: COMPLIANCE – GUARANTEE – LIABILITY
On receipt of his/her Order, the Client must ensure that the products delivered comply with his/her Order in all respects.
Should this not be the case, the Client must inform HEDIARD of this at the following address: HEDIARD On Line Sales Customer Service – 120-140 Quai de Bezons, 95100 ARGENTEUIL, by registered letter with an acknowledgement of receipt within a maximum of seventy two (72) hours following receipt of the product or products in question.
HEDIARD’s products on the Web Site are subject to the following legal guarantee conditions:
As regards compliance: the provisions of articles L. 211-4, L. 211-5 and L. 211-12 of consumer legislation; provisions which relate only to individual non-trade consumers.
As regards hidden defects: the provisions of Article 1641 of civil legislation and Article 1648 paragraph 1 of civil legislation. In the event of hidden defects noted by the Client, after examining the product, the Vendor may replace the item with the same or an equivalent product.
HEDIARD’s position as a distributor means that wines and spirits are subject to the issue of receipts and that, as a result, HEDIARD is obliged to refuse to accept returns of these types of products.
ARTICLE 12: PRODUCTS – INFORMATION
The products appearing on the Web Site comply with current French legislation and the standards applicable in France. Should this not be the case, the offending product is removed from the Web Site as rapidly as possible.
Each product appearing on the Web Site forms the subject of a fact sheet, which can be accessed by clicking on the photo of the product. This fact sheet outlines the key characteristics of the product: its name, weight, composition, photo and price. These details are provided for the Purchaser’s information and are not exhaustive.
All photographs of or information on products displayed are non-contractual. In the event of a clear discrepancy between the characteristics of products and their presentation on the Web Site, HEDIARD will not be held responsible.
The products and prices offered by the Vendor are valid for as long as they are visible on the Web Site, while stock is available. The Vendor rejects all responsibility for shortages of stock or the unavailability of products.
Information on product availability is provided when the Purchaser places his/her Order. There may be errors or modifications in exceptional cases, specifically in the event of simultaneous Orders for the same product from a number of Purchasers. In the event that a product is unavailable after an Order has been placed, the Vendor will inform the Purchaser by e-mail or phone, as quickly as possible, and will offer him/her a number of solutions:
either to postpone delivery whilst waiting for supplies of this product, where this is possible, or to order another product appearing on the Web Site as a replacement, or to cancel the Order. If the Purchaser chooses to cancel the Order, the cost will be reimbursed within 30 days from the payment date, at the latest, if the Purchaser’s bank account has been debited.
The Vendor reserves the right to change the articles appearing on the Web Site at any time, without notice.
ARTICLE 13: RESALE OF PRODUCTS
The resale of HEDIARD branded products and branded products belonging to HEDIARD is prohibited.
ARTICLE 14: PROPERTY RIGHTS – THE BRAND IMAGE OF PRODUCTS
Whatever the media, all items appearing on the Web Site, which are registered or not, without this list being complete: style guide, software, database, price offers, photos, catalogues, images, sound, video and other promotional or non-promotional documents, are the exclusive property of the company HEDIARD, on the one hand, and are protected by intellectual property legislation, on the other.
Any use or reproduction whatsoever of these items is prohibited without the prior written agreement of the company HEDIARD.
The company intends to protect and control the use of its brand image by the Client when the latter uses the products sold in accordance with these general conditions.
The Client specifically undertakes not to refer to, use or reproduce, on any media whatsoever, the name of the company HEDIARD and the brands it owns and/or which it markets, without prior express authorisation.
ARTICLE 15: RIGHT OF RETRACTATION APPLICABLE SOLELY TO PRIVATE INDIVIDUALS – INDIVIDUAL CONSUMERS – NON-TRADE CLIENTS
Pursuant to the provisions of article L 121-20 of consumer legislation: “The consumer has a period of seven (7) clear days within which to exercise his/her right of retraction without needing to justify his/her reasons or to pay penalties, with the exception of return costs, where applicable, except in mainland France, excluding Corsica, where clause 4.5 may apply. The consumer may depart from this period in the event that he/she is unable to travel and where, at the same time, he/she needs to make use of an immediate service, which is necessary for his/her living conditions. In this case, he/she will continue to exercise his/her rights of retraction without needing to justify his/her reasons or to pay penalties”.
The Purchaser therefore has a withdrawal period of seven (7) clear days from the day on which he/she receives products ordered within which to return them, at his/her cost, to the following address, HEDIARD On Line Sales Customer Service – 120-140 Quai de Bezons, 95100 ARGENTEUIL, except in mainland France, excluding Corsica, where clause 4.5 may apply.
If this period ends on a Sunday, a public or national holiday, it is extended until the next working day. If the Purchaser exercises his/her right of retraction, the Vendor undertakes to reimburse the amounts paid within a maximum of thirty (30) days following receipt of returned products, by any appropriate payment method. In response to a proposal by the Vendor, a Purchaser having exercised his/her right of retraction may nevertheless opt for another reimbursement method.
The right of retraction does not apply to fresh and perishable products pursuant to the provisions of article L. 121-20-2 of consumer legislation.
ARTICLE 16: INFORMATION ON GATHERING PERSONAL DATA – CONFIDENTIALITY
The information requested from the Client, when he/she enters his/her details on the Web Site, is needed for HEDIARD to process his/her Order.
The information entered by the Client on the Web Site for the purposes of his/her Order and on any other document exchanged as part of the application of these General Conditions may form the subject of automated processing for administrative and commercial management purposes.
Pursuant to the law of 6 January 1978, the Client has a right to access, correct and remove data relating to him/her, which may be exercised by submitting a written request to HEDIARD, at the following address: HEDIARD On Line Sales Customer Service – 120-140 Quai de Bezons, 95100 ARGENTEUIL. The client himself/herself may also modify personal information via the “My Account” area, which is reserved for him/her on the Web Site.
ARTICLE 17: PARTIAL INVALIDITY
Should one or more clauses of these General Conditions be deemed invalid or declared as such pursuant to the law, a decree or regulations or as the result of a definitive ruling by a competent court, the other clauses will retain their full force and scope.
ARTICLE 18: CORRESPONDENCE – PROOF – NOTIFICATIONS
By express agreement between the Parties, communication between them may specifically take place by e-mail.
The Parties will implement all the necessary security measures allowing them to guarantee the availability, integrity and confidentiality of data exchanged.
They will also implement all other useful measures, including firewalls and virus protection, routinely updated and correctly parameterised, in order to protect themselves in the most effective manner against intrusion, attacks and the spread of viruses, in order to guarantee the availability, integrity and confidentiality of information received.
The Parties will back up (save) all messages transmitted in relation to the subject of these general conditions in the most appropriate and secure manner.
ARTICLE 19: RETAINING AND ARCHIVING ORDERS
Pursuant to the provisions of article 1348 of civil legislation, purchase orders and invoices will be archived on a reliable and durable media.
ARTICLE 20: DISPUTES – ALLOCATION OF JURISDICTION
These general conditions are governed by French law.
Any disputes arising from the interpretation and/or implementation of the aforementioned general conditions, will give rise to an attempt at amicable settlement between the Parties. In the event that an amicable settlement cannot be reached, the dispute will be heard by the competent legal jurisdiction on the initiative of the promptest Party.
1- The only competent jurisdictions, in the event of a dispute of any kind or difference relating to the composition or performance of an order, are the Courts for the Company’s registered office.
2- Acceptance of payments by the Company does not imply either novation or derogation from this allocation of jurisdiction.
3- No clause to the contrary on the part of the Purchaser may derogate from this clause.
- Identity of the author of the offer: HEDIARD, a limited company with capital of €437,385
- Company registration no.: 612 051 920 00074 – Business nomenclature code 521B -
- Paris Trade & Companies Register B 612 051 920
- Registered office: 21, place de la Madeleine, 75008 Paris
- Intra-community VAT no.: FR 92 612 051 920
- Administrative offices: 120-140 Quai de Bezons, 95100 ARGENTEUIL
- Tel: 33 (0)1 46 02 52 22 – Fax: 33 (0)1 42 42 30 46
- Warehouses: 120-140 Quai de Bezons, 95100 ARGENTEUIL