1. PREAMBLE 
  1. HANANE HOTAIT offers for sale on its Website, clothing and fashion accessories manufactured by it or on its behalf. 
  1. All the Products that HANANE HOTAIT offers for sale are subject to availability.  
  1. The present General Terms and Conditions of Sale govern the terms and conditions of delivery of the Products ordered on the Website. They may be modified at any time, and will apply to future Orders. 
  1. DEFINITIONS 
  1. For the purposes hereof, the terms reproduced hereunder, when capitalized in the first letter, shall have the following meaning:

– “Customer”: shall designate the User of the Website who has placed an Order; 

– “General Conditions of Sale” or “GCS” or “Order”: sales contract concluded between the User and HANANE HOTAIT under the terms of which:

-HANANE HOTAIT notably undertakes to deliver the Products ordered under the terms and conditions set forth herein;

-the Customer undertakes, in particular, to pay the price. 

– “Personal Data” or “Data” or “DCP”: any information relating to an identified or identifiable natural person according to the French Data Protection Act; 

– “HANANE HOTAIT”: refers to the legal entity that operates the Website; 

– “Data Protection Regulations“: all the provisions of Law No. 78-17 of January 6, 1978 “relating to computers, files and freedoms” (the “LIL”), the General Regulation on Data Protection No. 2016/679 of April 27, 2016 (known as “RGPD”), and other specific provisions applicable to data protection; 

– “Product(s)”: textile products and fashion accessories offered for sale on the Website; 

– “HANANE HOTAIT Website” or “Website”: refers to the website operated by HANANE HOTAIT, accessible at the address ” https://hananehotait.com/ “; 

– “User”: Refers to the visitor to the Website; 

  1. PURPOSE 
  1. The General Conditions of Sale set out herein govern the contractual relationship between HANANE HOTAIT and its Customers with respect to the Products that have been ordered on the Website.
  1. These GCS apply exclusively to Customers who are consumers within the meaning of the introductory article of the Consumer Code.  
  1. The Customer’s unreserved acceptance of these GCS in their version in force on the day of purchase is a necessary and mandatory prerequisite for the conclusion of each Order. 
  1. ENTRY INTO FORCE – DURATION 
  1. The GCS, which define the terms and conditions of online purchase, are concluded under the resolutory condition of non-incidental collection of sums due to HANANE HOTAIT. The GCS come into force from the moment that HANANE HOTAIT has received the said sums in full, until the delivery of the Products. 
  1. In the event of a payment incident of any kind whatsoever, the Order will be rejected and the Customer, who will then – retroactively and as of right – not be bound by any contractual relationship with HANANE HOTAIT, will not be able to claim any compensation from the latter, for any reason and on any grounds whatsoever. 
  1. DESCRIPTION OF THE PRODUCTS 
    1. Features 
  1. The Products offered for sale on the Website are within the limits of available stocks. 
  1. HANANE HOTAIT provides the Users, before any Order, in a readable and comprehensible manner, information notably relating to:
  • the essential characteristics of the Products;
  • Product prices; 
  • On the date or within the time limit on which HANANE HOTAIT undertakes to deliver the Products; 
  1. The Products offered for sale on the Website are the subject of a detailed description mentioning their essential characteristics within the meaning of Article L.111-1 of the Consumer Code. 
  1. Before each Order, Customers must have consulted the description of each Product in order to know the essential properties and particularities of each Product, and thus ensure that they meet its needs.
  1. The photographs and any graphics present on the Website are not contractual and cannot engage the responsibility, for whatever reason, of HANANE HOTAIT. 
    1. Compliance 
  1. The Products comply with the requirements relating to the safety of persons, the fairness of commercial transactions and consumer protection, in force under French law at the time they are placed on the market. 
  1. PURCHASE PROCEDURE 
    1. Modality
  1. Users who wish to place an Order, must place the desired Product(s) in their shopping cart, then fill in their personal delivery and payment information under the conditions set out below. 
    1. Selection and validation of Orders 
  1. Orders are placed exclusively on the Website. 
  1. Before definitively validating his Order, each User is offered: 
    1. the possibility to check the details (in particular, the reference of the Product(s), the number, the size(s) and the price), and to correct possible errors;
    2. to consult these General Conditions of Sale, which must be accepted by the Customer by ticking the box provided for this purpose on the Website during the Order process.  
  1. Any validated Order shall constitute firm and definitive acceptance of the price and the Product(s) selected as described on the Website. 
    1. Order Confirmation 
  1. A confirmation e-mail will be sent to the Customer after validation of his Order by HANANE HOTAIT, to the e-mail address communicated by the Customer. In the event of an error made by the Customer in entering the e-mail address, HANANE HOTAIT will not be held liable.  
  1. In the absence of availability of all the Products of the Order, the present Contract will be considered resolved (retroactively cancelled) and HANANE HOTAIT undertakes not to make any collection/debit to the Customer. 
  1. If only part of the Products in an Order are available, only these will be shipped by HANANE HOTAIT, which undertakes to collect only these Products. 
    1. Sending of the GCS
  1. Once the Order has been confirmed by HANANE HOTAIT, the Customer then receives the summary of the Order, as well as the GCS to which he has consented, by e-mail.
  1. PREORDERS 
  1. Within the framework of certain operations, HANANE HOTAIT offers exclusively for sale on its Website, Products not yet manufactured (“Pre-ordered Product(s)“). 
  1. Orders for Pre-Ordered Products shall be made under the same relevant terms and conditions herein, except for the exceptions set forth in this section. 
  1. Delivery of the Products in Pre-order: 
  1. Pre-ordered Products are delivered at the end of the manufacturing process. HANANE HOTAIT provides indicative delivery times at the time of the Order. These are naturally longer than for any other Order relating to a Product. 
  1. Cancellation of Pre-ordered Products:
  1. Pre-ordered Products may be cancelled until confirmation of shipment of the Product to the Customer by HANANE HOTAIT; in such a case, HANANANE HOTAIT will provide a purchase voucher of an equivalent amount, valid for six months from its issue, which may be used on all Products on the Website. 
  1. PRIZE 
  1. The prices of the Products are indicated in euros (€), including all taxes (VAT and other taxes applicable on the date of the Order), unless otherwise indicated and excluding additional charges. The amount of the delivery charges, as well as any additional taxes, is indicated on the Site.

  2. In the event of an Order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned. Any tax, duty or other benefit payable under French regulations or those of an importing country or a transit country shall be borne by the Customer, as well as any declaration to the competent authorities and bodies of the country concerned. The Customer is solely responsible for obtaining information on these aspects from the competent local authorities.
  1. All Orders, regardless of their origin, are payable in Euros (€). 
  1. HANANE HOTAIT reserves the right to modify its prices at any time; however, HANANANE HOTAIT will invoice the Products on the basis of the price list in effect at the time the sales Order is confirmed, subject to availability. 
  1. The Products remain the property of HANANE HOTAIT until the complete payment of the price, in principal and accessories. 
  1. As soon as the Customer takes possession of the Products ordered, the risk of loss or damage to the Products is transferred to the Customer.
  1. TERMS OF PAYMENT 
  1. Payments on the Website are made exclusively by credit card through the secured systems of the payment service provider called “Stripe”.  
  1. The card is debited instantly.
  1. It is the Customer’s responsibility to save, by any means it deems useful, the data relating to the payment transaction (in particular by printing them out or saving them on a reliable and durable medium).
  1. HANANE HOTAIT reserves the right to ask the Customer for a photocopy of his identity card. 
  1. PICK-UP – DELIVERY 
  1. Clients wishing to place an Order can, within the time limit indicated on the Website, have the Products delivered to their home address or to any other valid address of their choice, in exchange for an additional cost per package:
  • 20 € for France ; 
  • 30€ for Europe ; 
  • 50€ for any other destination. 
  1. HANANE HOTAIT does not deliver to places such as hotels or post office boxes. HANANE HOTAIT declines any responsibility in the event of delivery of an Order in one of these places.
  1. WITHDRAWAL 
  1. In accordance with the provisions of the French Consumer Code, the Frenchs Customer, whether a consumer or a non-professional, has a withdrawal period of fourteen (14) calendar days from receipt of the Products ordered to exercise his right of withdrawal without having to justify his motive or pay any penalty. 
  1. To exercise his right of retraction, the Customer must inform HANANE HOTAIT by means of an unambiguous statement. To this end, before the end of the retraction period, the Customer must complete the retraction form available in appendix of the present document, and send it to HANANE HOTAIT by e-mail at the following address: studio@hananehotait.com.
  1. HANANE HOTAIT will acknowledge receipt as soon as possible. 
  1. Returns of Products must be made in their original state and complete (packaging, accessories, instructions) without undue delay and, at the latest, within fourteen days following the communication of its decision to withdraw in accordance with Article L.221-23 of the Consumer Code. The direct costs of returning the Products concerned shall be borne by the Customer. In this context, the Customer is liable. Any damage suffered by the Product, on this occasion, can be of such a nature as to engage the responsibility of the Customer, and HANANE HOTAIT reserves the right to deduct the amount of the repair directly from the amount returned to the Customer, by compensation, which the latter accepts in advance. The Product(s) which is (are) worn by the Customer before being returned to HANANE HOTAIT as part of their right of retraction, will not be the subject of a refund. Moreover, in the event of non-receipt of the Product(s), the Customer must be able to provide proof of their dispatch.
  1. In the event of exercising the right of retraction, HANANE HOTAIT will refund the sums paid – including the initial delivery costs of the Product (in the standard mode) – within fourteen (14) days following notification of the request and via the same means of payment as that used for the Order. 
  1. Nevertheless, if HANANE HOTAIT does not receive the returned Products or proof of their dispatch by the Customer within this period, their reimbursement will be deferred to the first of these two dates: the receipt by HANANE HOTAIT of the items or the receipt by the latter of the proof of dispatch of the Products by the Customer.
  1. ARCHIVING AND PROOF 
  1. HANANE HOTAIT will archive the invoices of each Order on a reliable and durable support constituting a faithful copy in accordance with the provisions of article L213-1 of the French Consumer Code. 
  1. The computerized registers of HANANE HOTAIT will be considered by all parties concerned as proof of communications, orders, payments, transactions between the parties. 
  1. RESPONSIBILITY 
    1. Client’s accountability 
  1. It is up to the User to verify that the information he or she provides when placing an Order is accurate. 
  1. The User undertakes to inform HANANE HOTAIT immediately in the event of modification of this information. 
    1. Liability of HANANE HOTAIT 
  1. HANANE HOTAIT shall not be held responsible for the failure to respect the laws in the country of delivery if the Product is delivered outside of France. It is up to the Customer to check with the local authorities the possibilities of importation or use of the Products that he intends to order. 
  1. HANANE HOTAIT shall not be held liable for bodily injury or damage resulting from improper use of the Products purchased, particularly : 

(a) for a use contrary to that for which it is intended; and/or 

(b) in the event of failure to comply with the washing and/or maintenance recommendations. 

  1. HANANE HOTAIT cannot be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses. 
  1. The liability of HANANE HOTAIT cannot be engaged if the non-execution or the delay in the execution of one of its obligations described in the present document results from a case of force majeure within the meaning of the French Civil Code. Force majeure means any event beyond the debtor’s control, which could not be reasonably foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the execution of its obligation by the debtor.
  1. PROTECTION OF PERSONAL DATA 
    1. Data processing carried out 
  1. The personal information of Customers and Users collected via the Website is subject to automated processing carried out under the responsibility of HANANE HOTAIT, acting as data controller, for the following purposes: 

(i) conclusion of Orders or pre-orders and delivery of the Products purchased; 

(ii) sending messages promoting the Products; 

(iii) sending of the newsletter; 

(iv) management of withdrawal requests;

(v) production of statistics;

(vi) litigation and pre-litigation management.  

  1. The fields marked with an asterisk [*] on the Website’s data collection forms are all mandatory. Otherwise, the Order may not be taken into account by HANANE HOTAIT.  
  1. Personal Data will be kept for the following periods: 
  • Until the Products are delivered to you, the identification and contact information provided in the Sales Order transmitted to us will remain confidential and will be treated as confidential until the Products have been shipped to you, plus a period of three (3) years following the sales Order completion date or the last contact made by you, whichever comes first. Purposes (i) & (ii)];
  • Until full payment of the Products for the bank details [Purpose (i)] ; 
  • If necessary, during the entire period of subscription to the newsletter [Purpose (iii)] ; 
  • Where applicable, the time for the management of the withdrawal request [Purpose (iv)] ;
  • the tracers used for statistical purposes have a life span not exceeding thirteen months, and this life span is not automatically extended when new visits are made. The information collected through the tracers is kept for a maximum of twenty-five months [Purpose (v)];
  • depending on the context, until the amicable settlement of the dispute, as soon as the legal action is time-barred, or when recourse is no longer possible against the decision rendered to enforce it. 
  1. At the end of these periods, data may be securely archived for the necessary retention and/or prescription periods resulting from applicable laws or regulations. 
  1. The processing does not meet any regulatory requirements and is based on : 

-on the execution of contractual measures for purposes (i) and (iii) ; 

-on the legitimate interests of HANANE HOTAIT, namely the promotion of its Products for the purpose (ii), the management of the requests of its Customers for the purpose (iv), the best knowledge of its activity data for the purpose (v), the defense of its interests and ka resolution of disputes for the purpose (vi). 

  1. In accordance with the regulations, Clients and Users have the right to access, rectify and, where appropriate, the right to the portability and deletion of Personal Data, as well as the right to object to the processing or its limitation, and finally, the right to define guidelines regarding the fate of post-mortem personal data. For any other claim, Customers also have the right to file a complaint with the competent national data protection supervisory authority. 
  1. The personal data collected within the framework of the present Website can be transmitted to HANANE HOTAIT’s IT, payment and accounting service providers. 
  1. With the exclusion of the right to complain to the national control authorities, the aforementioned rights can be exercised at any time, by attaching proof of identity to HANANE HOTAIT by sending a message to the following address: studio@hananehotait.com.
    1. Cookies and trackers 
  1. Cookies strictly necessary (“Technical Cookies”) 
  1. Some Cookies have the exclusive purpose of allowing or facilitating communication by electronic means or are strictly necessary for the provision of online communication services at the express request of each User. In accordance with article 82 of the LIL, the consent of the User is not required for the use of these cookies, which generate a processing of Data necessary for the pursuit of HANANE HOTAIT’s legitimate interest, namely the good technical management of its Website.
  1. These are mainly session cookies allowing authentication and connection to the Website(s) as well as the memorization of navigation elements during a session (for example to ensure the User’s authentication by memorizing the means of authentication during a session, or to keep the products placed in the shopping cart, the choice of a default language, etc.).
  1. Cookies and trackers that are not strictly necessary (“Non-technical Cookies and Trackers”) 
  1. HANANE HOTAIT uses cookies and tracers which make it possible to carry out statistics, record information on the preferences of the Internet users by analyzing their navigation on the Website, but also on the third party sites, which make it possible to optimize the Website, but also to adapt the contents proposed to their interests. 
  1. Among these Cookies are third party cookies and trackers that may be installed on the User’s terminal when the User browses the Website (for more information, see the Cookies policy of “Google” by clicking here, and of “Facebook” by clicking here). 
  1. An information banner is displayed at each first visit. The purpose of this banner is to inform Internet users in advance of the specific purposes for which Cookies and trackers are deposited, to obtain their consent, and if necessary, to allow them to oppose all or part of the Cookies and trackers deposited on digital terminals.
    1. Data Recipients and Data Transfer outside the European Union 

(a) Recipient of the data 

  1. All transfers as well as relations with the recipients of the Data are strictly supervised by HANANE HOTAIT.
  1. The Data is transferred to its specifically authorized accounting, payment and IT service providers, in compliance with the purposes listed herein. 
  1. In particular circumstances, HANANE HOTAIT may be led to disclose the Data, when these are required by judicial and administrative authorities justifying the need to know them.

(b) Transfers to Third Countries 

  1. Certain subcontractors of HANANE HOTAIT, to whom Data are transferred, are located in outside the European Union. 
  1. Consequently, prior to any transfer, HANANE HOTAIT ensures that : 

(i) the countries of destination ensure an adequate level of protection of personal data recognized by a decision of the competent authorities issued in accordance with Article 45 of the GDGR; or

(ii) appropriate safeguards are adopted (by adopting standard contractual clauses adopted by the European Commission or authorized by a supervisory authority).

  1. Additional information can be obtained by contacting HANANE HOTAIT directly, whose email address is included herein. All the information required on this subject, and if necessary, the means of obtaining a copy or the place where it is made available will be provided to the interlocutors. 
  1. SAFEGUARDS
  1. Customers acknowledge that they have been informed that they have legal guarantees applicable to the Products delivered, i.e. the guarantees of delivery in compliance with the Consumer and Civil Codes. 
  1. QUESTION / COMPLAINT 
  1. For any question or complaint concerning an Order, the Customer can contact the customer service of HANANE HOTAIT:
    1. by email at studio@hananehotait.com
    2. By phone at the following number: +33 (0)6 72 26 77 44 
  1. APPLICABLE LAW – SETTLEMENT OF DISPUTES 
  1. These GCS are governed by French law. The same is true for the substantive rules as for the rules of form.
  1. Certain stipulations herein are dictated by rules of French law. For other Customers who do not reside in France, the mandatory national provisions of their habitual place of residence will be applied, where applicable, in accordance with the provisions of Regulation No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). 
  1. Consumer or non-professional Customers have the right to have recourse, free of charge, to a consumer mediator for the amicable termination of a dispute with a professional, by contacting [ïï ]. 
  1. The parties decide, as a first step, to try to resolve any dispute amicably. In the event of failure to resolve the dispute amicably within fifteen (15) days from the notification of the dispute by one party to the other party, it is expressly agreed that the French courts will have exclusive jurisdiction to rule on disputes relating to the execution and/or poor execution of these GCS that may arise between HANANE HOTAIT and the Customer.

 

RETRACTION FORM

You have placed an order with HANANE HOTAIT on the website ” https://www. HANANANE HOTAIT-brand.com/en/10-eshop ” and wish to retract: complete all the fields [ïï ] in the form below. 

For the attention of : 

HANANE HOTAIT

HOTEL NORMANDY BUREAU 417, 7 RUE DE L’ECHELLE, 75001 PARIS

Registered letter with acknowledgement of receipt – Reference(s) : CUSTOMER NUMBER] [CUSTOMER NUMBER

Subject: Cancellation of an order within 14 days

Madam, Sir,

On [ïï ] {order date}, I placed an order with your company, which was delivered to me on [ ]ïï{delivery date}.

In accordance with the Consumer Code, the 14-day period has not expired, I ask you to cancel my order and, if necessary, to return to me the sums paid.

In the meantime, please accept, Madam, Sir, my sincere greetings.

Customer Name: …. …………………………………. Customer ‘s address : ………………………………….

Date of withdrawal request: …. ……………………….

Signature: …. …………………………..

The information collected on this form is subject to processing under the responsibility of HANANE HOTAIT, in order to manage requests for retraction. In accordance with the regulations, you benefit from a right, of access of opposition, correction and suppression as well as the right to define directives relating to the fate of the personal data after death. You also have a right to the portability of your data as well as a right to limit the processing in certain specific cases covered by European Regulation No. 2016/679 of 27 April 2016.  You can exercise this right by sending your request to HANANE HOTAIT at the following address: studio@hananehotait.com.

0
    0
    Your Basket
    Your basket is emptyReturn to Shop