Please Read This Document Carefully. It Contains Very Important Information Regarding Your Rights and Obligations, Including Limitations and Exclusions That Might Apply to You.
These terms and conditions apply to the purchase and sale of products (“Products”) through www.hananehotait.com (the “Website”). By placing an order for such Products, you agree to be bound by, and accept, these terms and conditions. These terms and conditions are subject to change by Hanane Hotait, Hanane Hotait Studio, SASU (Simplified limited company with a sole shareholder, company number 823256862, registered office at 3 Boulevard Pershing, 75017 Paris, France) for shoppers in Europe. (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this Website, and you should review these terms and conditions prior to purchasing any Product. These terms and conditions are an integral part of the Website terms and conditions that apply generally to the use of our Website.
1. Order Acceptance and Cancellation
Your receipt of an electronic, or other form of, order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If applicable, your order will be refunded in the original form of payment.
If your credit card has been charged and your order is cancelled, we will immediately issue a refund to your credit card account in the amount of the charge and notify you that your order was cancelled. Orders placed using Site Credit will be available immediately to use once the order is cancelled. Promotions will be refunded and reactivated in your account, as long as the promotion has yet to expire.
2. Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:
All orders are subject to verification for security reasons. You will be contacted and will have 48 hours to complete verification process. If you do not respond after such time, you will be notified and the order will be cancelled and refunded in the original payment method.
GBP Payments will be processed in Euros. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below. Payments made on debit/credit cards outside of Europe will be calculated using currency conversion on www.xe.com on the day of the transaction. You agree that Hanane Hotait is not responsible for any credit shortages due to currency conversion rates.
The products offered for sale are those described and available on the Website, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot held the liability of Hanane Hotait. Hanane Hotait cannot be liable in case of an order cancellation because of stock depletion.
Hanane Hotait takes the greatest care in the presentation and description of the products in order to provide the client with the best possible information. However, some non-substantial errors may appear on the Website, which the client acknowledges and agrees to.
It is possible that client may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted, after thorough check before being placed back in stock.
In any case, in the event of nonconformity of the product delivered compared to its description on the Website, the client may either exercise his right of withdrawal, or implement the Hanane Hotait guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
4. Order Refusal
Hanane Hotait reserves the right to remove at any time any product displayed on the Website and/or to replace or modify any content or information related to any product. Despite the best efforts of Hanane Hotait to satisfy the client expectations, Hanane Hotait may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.
Hanane Hotait cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.
Hanane Hotait reserves the right to refuse or cancel any Order placed by a client with whom Hanane Hotait has currently a dispute concerning the payment of a previous order.
5. Shipping Fees, Taxes, and International Duties
The price paid by the client doesn’t include customs and others taxes. Such additional costs shall be directly paid by the client to the carrier.
Prices includes V.A.T. but excluded any customs duties and other taxes.
This detail will be noted at Checkout and on the confirmation email sent once order has been placed. As the recipient, you will be responsible and liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Payment of these amounts will be necessary to release your order from customs on arrival.
6. Shipping Policy
Deliveries are carried out by La Poste, or DHL, Monday to Saturday, depending on the option chosen by the client at the time of validating their order.
Delivery operates at the time of the transfer of the product’s physical possession to the client (the “Delivery”). The risk of lost or deterioration of the Product is transferred to the client at the time of the Delivery.
Delivery prices applicable to the Order are those indicated on the Website at the time of the Order in the section “Delivery and returns”.
The delivery is made to the delivery address indicated by the client, being specified that it must be the address of the customer’s residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
Client must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the client, products will be returned to Hanane Hotait which reimburse the CustomerClient within five (5) days of the products’ receipt by Hanane Hotait.
Orders are shipped within 12 business days at most for a Delivery in metropolitan France and 20 business days for a International Delivery, from the first business date after the confirmation of the Order. Nevertheless, the period may be extended up to 10 working days, especially after the launch of a new collection and from November 23 to December 31, considering the significant increase of the orders volume.
Unfortunately, Hanane Hotait cannot deliver to the following countries for legal reasons: Morocco, Brazil, Singapore, Taiwan, South Korea, United Arab Emirates.
Hanane Hotait cannot be liable for the late Delivery caused by a case of force majeure (as defined below).
If the delivery time is exceeded and is not justified by a case of force majeure, the customer client may request the cancellation of the sale and within a maximum period of 15 days will receive a refund of the Order.
Hanane Hotait is also not responsible for any international shipping delays caused by the customs clearance process.
7. Return Policy
7.1 Withdrawal right’s duration and conditions
Any non-professional customer could use its withdrawal right during a period of fourteen (14) days from the Delivery.
The return request will be confirmed by Hanane Hotait to the client by email. The client must follow the procedure mentioned into the email confirmation.
7.2 Return conditions in case of the use of the withdrawal right
The products must be returned to Hanane Hotait within 14 days from the use of the withdrawal right by the client. After such 14 days, the sale is final. The products shall be returned with its original packaging, with the original labels attached, brand new, without having used it or washed it.
Return of the product(s) is the responsibility of the customer if the order was placed from abroad and is at their own risk.
Return is free-of-charge if the order was placed from metropolitan France, United Kingdom, Spain, Germany, Belgium and United States of America. In such case, the customer must use the prepaid shipment label in order to facilitate the reimbursement of the order.
In all cases, the expenses of returning the product are covered by Hanane Hotait if the product delivered is damaged or different from the product ordered.
If the client does not adhere to these terms and conditions, including conditions of return or exchange, Hanane Hotait cannot proceed to refund the products in question.
A refund by Hanane Hotait for the order returned is made within 14 days by the communication by the client of the withdrawal right, subject to the receipt of the Products and its excellent condition.
Except as otherwise indicated by the client, repayment will be made through the same payment means used to pay the Order.
The repayment of an order paid by gift card or a voucher will always be by voucher.
8. Contests and Promotions
On occasion Hanane Hotait issues promotional codes, site credits, and similar “gift certificates” which will provide a credit towards a purchase on the Website when redeemed at checkout. These codes are non-transferrable, and are to be used only by the intended recipient. In particular, Hanane Hotait reserves the right to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain value, generally the price of the item for which the promotional code is used.
Promotions are only eligible for full-priced products and are limited to one per transaction. Minimum spends may be required and will be communicated on any correspondence. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. Hanane Hotait shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
Promotional codes do not cover the costs of any shipping, duties, and/or regional taxes where applicable. These are to be paid by you.
All promotions have an expiration date which will be indicated in your account or in any communication to the customer. Once a promotion has expired the amount may not be refunded. If the promotion is still active, it will be refunded back to the customer’s account to be used towards a future order.
Any and all Hanane Hotait contest rules and regulations will be communicated directly to the customer.
9. Guarantees and Responsibility
Hanane Hotait’s liability related to the Products is limited to the sale price of each product. Hanane Hotait will not be responsible or liable for any following losses, whenever its cause:
- Loss of benefit or sales
- Loss or revenue
- Loss of profits or contract or opportunity
- Loss of expecting savings
- Loss of data
- Loss of business, management or administration time
- Damage to the image
- Lost chance and especially of sale or purchase of a product
- Psychological damage.
Documents, details, descriptions and information related to the Products published on the Website are not covered under any guarantee, express or implicit, except the guarantees provided by law.
Hanane Hotait makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website or the server that makes it available. In this respect, the client agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Website is done at client’s own risk and the client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.
Hanane Hotait is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Website; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.
According to legal regulations, Hanane Hotait guarantees the clients against compliance and latent defects, under the following conditions:
In case of visible defect of a Product, the customer shall send a demand to firstname.lastname@example.org within 3 days from the Delivery date. All demands shall mention the defect concerned. Failing that, the demand won’t be accepted and no return or exchange will be possible. The Product shall be returned, with its original packaging, with the original labels, brand new, without having used it or washed it, and which the Order reference and copy of such demand shall be sent by mail to the headquarter: Hanane Hotait Studio–3 boulevard Pershing – 75017 Paris.
Visible defect confirmed by Hanane Hotait shall give rise, depending of the demand’s content and the nature of the defect, to exchange or repayment or a voucher.
Non-compliance, latent defects
Subject to the confirmation of a non-compliance or a latent defect by Hanane Hotait or the manufacturer, as the case may be, the customer shall enjoy the following guarantees:
Hanane Hotait, with a registered office located at 3 boulevard Pershing – 75017 Paris, France, acting as a “guarantor” with the meaning mentioned in articles L217-5 and seq. French Code de la Consommation and articles 1641 and seq. of the French Code Civil.
- The client may introduce an action resulting from lack of conformity lapses two years after delivery of the Product ;
- In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery;
- In the event of lack of conformity, the buyer shall choose between repair and replacement of the product, subject to the costs according to Article L217-9 of the French Code de la Consommation.
The legal guarantee of compliance applies regardless the commercial guarantee described below.
The client may also introduce an action based on the latent defect as the meaning of Article 1641 and seq. of the French Code Civil. Such legal guarantee of latent defect allows the client to ask for the repayment of a product which is not compliant with the use which may reasonably be expected of it, within 2 years from the discovery of the latent defect.
The client has the choice between two options: keep the Product and ask for a price discount or return the Product and ask for the complete repayment of the price paid, according to the Article 1644 of the French Code Civil.
Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, the whole of the applicable texts are reproduced here:
Art. L. 217-4 of the French Consumer Code: “The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.”
Art. L. 217-5. of the Consumer Code: “To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the client in the form of a sample or model; b) have the qualities that a client might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the client that has been brought to the notice of the seller and which the latter has accepted.”
Art. L. 217-12 of the Consumer Code: “Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.”
Art. 1641 of the Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the customer would not have purchased it, or would only have offered a lower price for it, had they known of them.”
Art. 1648, paragraph 1 of the Civil Code: “The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.”
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.
10. Partial Invalidity
If any provisions of this T&C’s are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
11. Applicable Law and Jurisdiction
These General T&Cs are governed by the laws of France.
In the event of a dispute between the Client and Hanane Hotait concerning the interpretation, performance or termination of this T&C’s, Hanane Hotait strongly encourages the Client to contact the company in the first instance to attempt to resolve the disagreement amicably. Hanane Hotait hereby notifies Clients that there are alternative dispute settlement options such as mediation or arbitration.
If no amicable solution to the dispute is found, Hanane Hotait and the Client agree to refer the dispute to the French courts. The terms of this article do not deprive consumers of their right to take legal action, or to defense in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as set out in the legislation applicable in their country of residence.
Clients might also contact the platform of amicable solution to the dispute of the European Commission available at http://ec.europa.eu/consumers/odr/.