- SUBJECT
These general conditions of sale are intended to define the rights and obligations of HAMAC DEL SOL and the Customer of products presented by HAMAC DEL SOL on its website www.hamacdelsol.fr (hereinafter "the Site"). They apply exclusively between the company HAMAC DEL SOL, 15 rue De la courtine 16380 Chazelles, Siret: 915 171 433 00013 (hereinafter "HAMAC DEL SOL") and any consumer natural person visiting or making a purchase via the said Site (hereinafter "the Customer").
On the Website, HAMAC DEL SOL allows the Customer to order online products of the HAMAC DEL SOL brand (hereinafter "the Product(s)") according to these general conditions.
Any order placed with HAMAC DEL SOL therefore entails the acceptance without reservation by the Customer of these conditions. These general conditions may be modified at any time and without notice by HAMAC DEL SOL, the applicable conditions being those in force at the date of the order by the Customer.
The present general conditions of sale are permanently accessible at the following address
General Conditions of Sale HAMAC DEL SOL in a computer format allowing their printing and / or downloading, so that the Customer can proceed to their reproduction or backup.
Hamac del Sol est partenaire vendeur de la marketplace Cocote et est enregistré auprès de Lemon Way, Établissement de paiement agréé par l'APCR en France le 24/12/2012 sous le numéro 16568
2. PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the site of HAMAC DEL SOL and accompanied by a description.
2.2. The products offered by HAMAC DEL SOL are in accordance with the standards applicable in France.
The elements such as photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
Accordingly, HAMAC DEL SOL can not incur any liability in case of error or omission of any of these elements or in case of modification of these elements by suppliers and / or publishers.
The products in the "PROMO" category are end of series, the prices displayed correspond to the initial price charged on the product at its release to which is charged a fixed and definitive reduction
3. OBLIGATIONS OF THE CLIENT
3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to be the holder of a parental authorization allowing him to place an order on the Site.
3.2. The Customer undertakes to provide HAMAC DEL SOL the actual information necessary to carry out the service subject of these conditions as requested online and according to his situation, including his name, address, telephone and valid e-mail.
The customer is responsible for the consequences of false or inaccurate information transmitted or of information that is unlawfully included.
3.3. Once the order is placed, HAMAC DEL SOL sends the Customer an e-mail confirming it. It informs him of the shipment of products.
3.4. The Customer can modify his data in the "my account" section
4. ORDER
4.1. Any order will be validated only after acceptance of the payment.
4.2 HAMAC DEL SOL reserves the right to cancel or refuse an order in case of dispute with the Customer on a previous order.
4.3. HAMAC DEL SOL can accept orders within the limits of available stocks. It informs the Customer of the availability of products sold on the Site at the time of order confirmation.
If, despite the vigilance of HAMAC DEL SOL, the products are unavailable, HAMAC DEL SOL will inform the Customer by e-mail as soon as possible. The Customer may then cancel the order and be reimbursed, if necessary, the amounts already paid.
The permanent or temporary unavailability can in no way engage the responsibility of HAMAC DEL SOL, nor can it open any right to compensation or damages in favor of the Customer.
5. PRICE
5.1. The prices displayed on the Site are indicated in euros including all French taxes (French VAT and other taxes that may be applicable), excluding shipping costs, participation in order processing costs and packaging costs.
The shipping costs, participation in the costs of order processing and packaging will be indicated in the Customer's basket, before the final validation of the order.
Prices can be modified at any time, without prior notice and in particular in case of change of fiscal or economic data. The articles will be invoiced on the basis of the prices in force at the time of the recording of the order.
6. DELIVERY
6.1. HAMAC DEL SOL delivers its products in France, in all countries of the European Union and can on request deliver in any country.
The products are shipped to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
In case of late delivery of more than 7 days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgment of receipt and request a refund of his order.
If the item has been shipped before receipt of the cancellation of the order for late delivery of more than 7 days, HAMAC DEL SOL will proceed to the refund of the article and shipping costs and return, upon receipt of it, complete, in its original condition and with all labels.
HAMAC DEL SOL undertakes to inform the Customer of the progress of the processing of his order.
In case of damaged packages (already opened, missing products ...), the Customer undertakes to notify the carrier and HAMAC DEL SOL, by any means, any reservations within 3 days of receipt of the product.
HAMAC DEL SOL can not be held responsible for the consequences due to a delay in delivery not being its fault.
6.2. Pour les hamacs personnalisés il faut prévoir un délai supplémentaire de livraison de 10 à 15 jours (pas de retour possible).
Livraison gratuite en provenance direct du Nicaragua de la Colombie.
Pour tout achat d’un modèle personnalisé, l’envoi se fera exclusivement par DHL. Tout choix concernant une autre option de livraison ne sera pas pris en compte.
Le client recevra une notification téléphonique de DHL avec un numéro de suivi et un lien, lui permettant de suivre l’acheminement de son colis.
7. PAYMENT
The totality of the payment must be realized at the time of the order. At no time can the sums paid be considered as deposits or down payments. The Customer pays his order by credit card (Visa, Eurocard/Mastercard), with his Paypal account, in accordance with the provisions of this article.
HAMAC DEL SOL does not accept payment by check. The customer must go to other means of payment offered.
For any transaction, the Customer will indicate the number on the front of his card, the expiration date of his card and the cryptogram on the back of his card (last three digits).
The communication by the Customer of his credit card number is equivalent to authorization for HAMAC DEL SOL to debit his account to the extent of the amount of his order.
No COD shipments will be accepted for any reason.
HAMAC DEL SOL retains ownership of the article until full payment of the price by the Customer. Purchases are made securely. The payment solutions adopted by HAMAC DEL SOL are 100% secure. For payments by credit card (credit card, credit card and visa e-card), all information that customers provide to HAMAC DEL SOL are strictly protected and ensure compliance and security of each transaction.
8. WARRANTIES AND LIABILITY
HAMAC DEL SOL has, for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, an obligation of means. The responsibility of HAMAC DEL SOL can not be held liable for any inconvenience or damage inherent in the use of the Internet, including disruption of service, external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with the law and case law.
9. INTELLECTUAL PROPERTY
Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos...).
This Site or any part of this Site may not be reproduced, copied, sold or exploited for commercial purposes without the express written permission of HAMAC DEL SOL.
In general, all copyrights, trademarks and other distinctive signs and property rights or intellectual property on the Site, will remain the full property of HAMAC DEL SOL.
The Customer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Products, if any, or register any trademark that would be detrimental to the owner of the rights, unless otherwise provided for in the contract.
The same applies to any other intellectual property right
10. WARRANTIES AND LIABILITY
HAMAC DEL SOL undertakes to use the confidential information of customers only in connection with the operation of its website.
For the proper processing of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having knowledge thereof.
As such, information about him may be communicated to technical providers of HAMAC DEL SOL.
In addition, HAMAC DEL SOL may apply technical means to obtain non-personal information about users and intended to improve the functionality of the site, for example by tracking the number of visitors to certain pages.
In accordance with the Act of January 6, 1978 amended by the Act of August 6, 2004, the Customer has a right of access and rectification of personal data contained in the files of HAMAC DEL SOL. Any request should be sent by e-mail to: contact@hamacdelsol.fr or by mail to the following address HAMAC DEL SOL, 15 rue de la courtine, 16380 CHAZELLES, FRANCE.
11. FORCE MAJEURE
In the event of a force majeure event, the party concerned shall inform the other party within fifteen (15) days of the occurrence of such event, by registered letter with acknowledgement of receipt.
In addition to those usually retained by the jurisprudence of the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage 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 marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.
All obligations of the parties shall 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 by operation of law without compensation for either party
12. GENERAL PROVISIONS
12.1. PARTIAL INVALIDITY OF A CLAUSE
If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, it shall be declared unwritten and shall not invalidate the remaining provisions.
12.2. UPDATE
These general conditions may be modified at any time and without notice by HAMAC DEL SOL, the applicable conditions being those in force at the date of the order by the Customer.
The present general conditions of sale are permanently accessible at the following address https://www.hamacdelsol.fr/cgv in a computer format allowing their printing and/or downloading, so that the Customer can proceed to their reproduction or their safeguard.
12.3. APPLICABLE LAW - COMPETENT COURT
The present general conditions are subject to French law with regard to the rules of substance as well as the rules of form. Any dispute shall be subject to a prior attempt at amicable settlement.
In the absence of amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding multiple defendants or warranty claims.
12.4 : REPRODUCTION OF APPLICABLE TEXTS (ORDER 2005-136 OF FEBRUARY 17, 2005, CONSUMER CODE, CIVIL CODE)
Article L. 211-4. of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L. 211-5. of the Consumer Code
- To comply with the contract, the property must:
(1) Be fit for the purpose ordinarily expected of similar property and, where applicable :
- correspond to the description given by the seller and have the qualities that the seller has presented to the Customer in the form of a sample or model;
- have the qualities that a Customer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter.
Article L. 211-12. of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Art. 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which reduce this use so much that the customer would not have acquired it, or would have given only a lower price, if he had known them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
13 : ECO-PARTICIPATION
The eco-participation is a contribution that must be applied to the price of each new piece of furniture, mattress, comforter and pillow. It helps finance the collection, sorting, recycling and/or energy recovery of these used products. This contribution is entirely paid to Eco-mobilier, a non-profit eco-organization, approved by the State. Its mission is to develop the collection of these products, to ensure their recovery at the end of their life and to promote reuse.
Find all the collection points to give/dispose of your used furniture, near you on eco-mobilier.fr.
"HAMAC DEL SOL" is registered in the National Register of Issuers on the market of furnishing elements under the number FR298515_10UUMA. This number guarantees that HAMAC DEL SOL, by joining Écomobilier, is in compliance with the regulatory obligations incumbent upon it under Article L541- 10-6 of the Environmental Code. "