Terms and conditions of sale

These general terms and conditions of sale (hereinafter the “General Conditions”) apply to any purchase made by an internet user / natural person (hereinafter the “CUSTOMER”) on the website https://www.hironwoods.com (hereinafter the “SITE”) from:

Hironwoods, a limited liability company (SARL) registered with the Lons-le-Saunier trade and companies register under number B478110356
having its registered office at 5, chemin des Vignes, France
Tel: 0363574030
email: contact@hironwoods.com (hereinafter the “SELLER”).

IMPORTANT: Any order placed on the SITE necessarily implies the CUSTOMER’s unreserved acceptance of these general terms and conditions of sale.

Article 1. Definitions

The terms used below have, in these General Conditions, the following meaning:

“CUSTOMER”: refers to the SELLER’s co-contractor, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any regular or commercial activity.
« DELIVERY »: refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated when ordering.
« PRODUCTS »: refers to all products available on the SITE.
« TERRITORY »: refers to Metropolitan FRANCE (excluding overseas territories).
These General Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.

Article 2. Purpose

These General Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.

The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER’s sales department in order to benefit from separate contractual conditions

Article 3. Acceptance of the general conditions

The CUSTOMER agrees to read these General Conditions carefully and accept them before proceeding with the payment of an order for PRODUCTS placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing an order. The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions for each new order, as the latest version of said Conditions applies to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.

Article 4. Purchase of products on the site

To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, be able to justify the agreement of their legal representatives.

The CUSTOMER will be invited to provide information to identify them by completing the form available on the SITE. The asterisk (*) indicates the mandatory fields that must be filled in for the CUSTOMER’s order to be processed by the SELLER. The CUSTOMER can check the status of their order on the SITE. DELIVERY tracking can, if applicable, be carried out using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER’s sales department at any time by email, at contact@hironwoods.com, to obtain information on the status of their order.

The information that the CUSTOMER provides to the SELLER when ordering must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, eligibility and the information provided.

Article 5. Orders

Article 5.1 Product characteristics

The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Conditions).
The CUSTOMER agrees to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.

Article 5.2. Ordering procedure

Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER’s starting page, the steps may differ slightly).

5.2.1. Selection of PRODUCTS and purchase options

The CUSTOMER must select the PRODUCT(s) of their choice by clicking on the relevant PRODUCT(s) and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CUSTOMER’s basket. The latter can then add as many PRODUCTS as they wish to their basket.

5.2.2. Orders

Once the PRODUCTS have been selected and placed in the basket, the CUSTOMER must click on the basket and check that the content of their order is correct. If the CUSTOMER has not already done so, they will then be invited to log in or register.
Once the CUSTOMER has validated the contents of the basket and has logged in / registered, an online form will be displayed for their attention, completed automatically and summarizing the price, applicable taxes and, if applicable, delivery costs.

The CUSTOMER is invited to check the content of their order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the payment method and the price) before validating its content.

The CUSTOMER can then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for the billing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the correct processing of the order.

The CUSTOMER must also select the chosen delivery method.

5.2.3. Acknowledgment of receipt

Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER’s order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form
is correct.

The SELLER does not send any order confirmation by post or fax.

5.2.4. Billing

During the ordering procedure, the CUSTOMER must enter the information necessary for billing (the asterisk (*) will indicate the mandatory fields that must be filled in for the CUSTOMER’s order to be processed by the SELLER).
The CUSTOMER must in particular clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address.
The CUSTOMER must then specify the chosen payment method.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitutes an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.

5.3. Order date

The order date is the date on which the SELLER acknowledges receipt of the

order online. The deadlines indicated on the SITE only begin to run from this date.

5.4. Price

For all PRODUCTS, the CUSTOMER will find prices displayed on the SITE in euros including all taxes, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or transport method chosen).
The prices include in particular value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may impact the price of the PRODUCTS from the date the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER’s suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except for gross errors. The applicable price is that indicated on the SITE on the date the order is placed by the CUSTOMER.

5.5. Availability of PRODUCTS

The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS can also be informed of the restocking of a PRODUCT by the SELLER.
In any event, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The SELLER may, at the CUSTOMER’s request: Either propose to ship all PRODUCTS at the same time as soon as the out-of-stock PRODUCTS are available again,
Or proceed with a partial shipment of the PRODUCTS available initially, then the shipment of the rest of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,
Or propose an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, they will obtain a refund of all sums paid for the unavailable PRODUCTS at the latest within thirty (30) days of payment.

Article 6. Right of withdrawal

The terms of the right of withdrawal are provided in the section “Terms of exercise of the right of withdrawal”, available in Annex 1 of these and accessible at the bottom of each page of the SITE via a hypertext link.

Article 7. Payment

7.1. Payment methods

The CUSTOMER can pay for their PRODUCTS online on the SITE according to the means proposed by the SELLER.
The CUSTOMER guarantees to the SELLER that they hold all the authorizations required to use the chosen payment method.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is specified in this regard that all information relating to payment provided on the SITE is transmitted to the SITE’s bank and is not processed on the SITE.

7.2. Payment date

In the event of a single payment by credit card, the CUSTOMER’s account will be debited as soon as the order for PRODUCTS is placed on the SITE.
In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER’s account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Conditions.

7.3. Late or refused payment

If the bank refuses to debit a card or other payment method, the CUSTOMER must contact the SELLER’s Customer Service in order to pay for the order by any other valid payment method.
In the event that, for whatever reason, opposition, refusal or other, the transmission of the money flow due by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.

Article 8. Proof and Archiving

Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.

The SELLER agrees to archive this information in order to ensure tracking of transactions and to produce a copy of the contract at the CUSTOMER’s request.

In the event of a dispute, the SELLER will have the possibility of proving that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Article 9. Transfer of ownership

The SELLER remains the owner of the delivered PRODUCTS until their full payment by the CUSTOMER.

The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by them, or by a third party designated by them other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage they may cause.

Article 10. Delivery

The terms of DELIVERY of the PRODUCTS are provided in the “delivery policy” referred to in Annex 2 of these and accessible at the bottom of each page of the SITE via a hypertext link.

Article 11. Packaging

The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS agree to respect the same standards when returning PRODUCTS under the conditions set out in Annex 1 – terms of exercise of the right of withdrawal.

Article 12. Guarantees

12.1. Guarantee of conformity

Article L.211-4 of the Consumer Code: “The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility.”
Article L.211-5 of the Consumer Code: To be in conformity with the contract, the good must:

1° Be fit for the use usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement by the parties or be fit for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

The SELLER is required to deliver a conforming PRODUCT, i.e., fit for the use expected of a similar good and corresponding to the description given on the SITE. This conformity also assumes that the PRODUCT presents the qualities that a buyer can legitimately expect in view of the public statements made by the SELLER, including in advertisements and on labels

In this context, the SELLER is likely to be liable for lack of conformity existing at the time of delivery and lack of conformity resulting from packaging, assembly instructions or installation when this has been charged to them or has been carried out under their responsibility.

The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the Consumer Code)

In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at their choice. However, if the cost of the CUSTOMER’s choice is clearly disproportionate to the other possible option, given the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CUSTOMER.

In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 5, chemin des Vignes.

Finally, the CUSTOMER is exempt from providing proof of the existence of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the good.

It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, if applicable, on the PRODUCTS.

12.2. Guarantee of hidden defects

The SELLER is bound by the guarantee on account of hidden defects of the PRODUCT sold which make it unfit for the use for which it is intended, or which so diminish this use that the CUSTOMER would not have acquired it, or would only have given a lower price, if they had known them. (Article 1641 of the Civil Code)

This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between a refund of the price of the PRODUCT if it is returned and a refund of part of its price, if the PRODUCT is not returned.

In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 5, chemin des Vignes. The action resulting from redhibitory defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)

Article 13. Liability

The SELLER’s liability can in no case be engaged in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering their order.

The SELLER cannot be held responsible, or considered to have failed in these presents, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts and Tribunals.

It is also specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.

Article 14. Personal data

The SELLER collects personal data concerning its Customers on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER’s account, analyze orders and, if the CUSTOMER has chosen this option, send them commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.

The CUSTOMER’s data is kept confidentially by the SELLER in accordance with its declaration made to the CNIL, for the needs of the contract, its execution and in compliance with the law.

CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.

The data may be communicated, in whole or in part, to the SELLER’s service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that they have given their prior consent when registering on the SITE.

The SELLER will specifically ask CUSTOMERS if they want their personal data to be disclosed. CUSTOMERS can change their mind at any time on the SITE or by contacting the SELLER.

The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.

In accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, the CUSTOMER has a right of access, rectification, opposition (for legitimate reasons) and deletion of their personal data. They can exercise this right by sending an email to the address: contact@hironwoods.com or by sending a letter to 5, chemin des Vignes.

It is specified that the CUSTOMER must be able to justify their identity, either by scanning an identity document or by sending the SELLER a photocopy of their identity document.

Article 15. Complaints

The SELLER makes a “Customer Telephone Service” available to the CUSTOMER at the following number: 0363574030 (non-surcharged number).

Any written complaint from the CUSTOMER must be sent to the following address: 5, chemin des Vignes.

Article 16. Intellectual property

All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER’s authorization in writing.

This authorization from the SELLER will in no case be granted definitively. This link must be removed at the SELLER’s request. Hypertext links to the SITE that use techniques such as framing or in-line linking are strictly prohibited.

Article 17. Validity of the General Conditions

Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a change or decision in no way authorizes CUSTOMERS to disregard these General Conditions.

Any conditions not expressly dealt with herein will be governed in accordance with the usage of the retail trade sector, for companies whose registered office is located in France.

Article 18. Modification of the General Conditions

These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.

The General Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.

Changes made to the General Conditions will not apply to PRODUCTS already purchased.

Article 19. Jurisdiction and applicable law

These General Conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law.

In the event of a dispute, only the French courts will be competent.

However, prior to any recourse to an arbitrator or state judge, negotiation in a spirit of loyalty and good faith will be preferred with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity.

The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties fail to agree, the dispute will be submitted to the competent jurisdiction designated below.

Throughout the negotiation process and until its outcome, the parties are prohibited from taking any legal action against each other and for the conflict that is the subject of the negotiation. By exception, the parties are authorized to seize the summary jurisdiction or to request the issuance of an order on request. A possible action before the summary jurisdiction or the implementation of a procedure on request does not entail any waiver by the parties of the amicable arrangement clause, unless expressly stated otherwise.

ANNEX 1

TERMS OF EXERCISE OF THE RIGHT OF WITHDRAWAL

Principle of withdrawal

The CUSTOMER has in principle the right to return or restore the PRODUCT to the SELLER or to a person designated by the latter, without excessive delay, and at the latest within fourteen (14) days following the communication of their decision to withdraw, unless the SELLER proposes to collect the PRODUCT themselves.

Withdrawal period

The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.

In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period will expire fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.

Notification of the right of withdrawal

To exercise their right of withdrawal, the CUSTOMER must notify their decision to withdraw from this contract by means of an unambiguous statement to: 5, chemin des Vignes or contact@hironwoods.com.
They can also use the form below:

WITHDRAWAL FORM

For the attention of [*] (*SELLER’s contact details)

SELLER’s phone number*:

SELLER’s fax number*:

SELLER’s email address*:

I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:

PRODUCT reference

Invoice No.:

Order form No.:

– Ordered on [____________]/received on [________________]

– Payment method used:

– Name of the CUSTOMER and, if applicable, the beneficiary of the order:

– CUSTOMER’s address:

– Delivery address:

– CUSTOMER’s signature (except in case of transmission by email)

– Date

For the withdrawal period to be respected, the CUSTOMER must transmit their communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of withdrawal

In the event of withdrawal by the CUSTOMER, the SELLER undertakes to refund all sums paid, including delivery costs without excessive delay and, in any event, at the latest fourteen (14) days from the day on which the SELLER is informed of the CUSTOMER’s desire to withdraw.

The SELLER will proceed with the refund using the same payment method as the one the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different method; in any event, this refund will not incur costs for the customer.

The SELLER may defer the refund until receipt of the good or until the CUSTOMER has provided proof of shipment of the good, the date retained being that of the first of these facts.

Return terms

The CUSTOMER must, without excessive delay and, in any event, at the latest fourteen (14) days after communication of their decision to withdraw from this contract, return the good to: 5, chemin des Vignes.

This period is deemed respected if the CUSTOMER returns the good before the expiration of the fourteen-day period.

Return costs

The CUSTOMER must bear the direct costs of returning the good.

Condition of the returned good

The PRODUCT must be returned according to the SELLER’s instructions and include in particular all delivered accessories.

The CUSTOMER’s liability is only engaged with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but their liability may be engaged if they proceed with manipulations other than those which are necessary.

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

Supply of goods or services whose price depends on fluctuations in the financial market Supply of goods made to the CUSTOMER’s specifications or clearly personalized
Supply of goods likely to deteriorate or expire rapidly
Supply of sealed audio or video recordings or software that have been unsealed after delivery
Newspaper, periodical, magazine (except subscription contract)
Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
Supply of goods which by their nature are inseparably mixed with other items
Supply of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
the supply of alcoholic beverages whose price was agreed at the time of the conclusion of the sales contract, whose delivery can only be made after 30 days and whose real value depends on fluctuations in the market beyond the control of the SELLER
Supply of digital content not provided on a tangible medium if performance has begun with the consumer’s prior express consent, who has also acknowledged that they will thereby lose their right of withdrawal
contracts concluded at a public auction

ANNEX 2

DELIVERY POLICY

Delivery zone

The PRODUCTS offered can only be delivered in the TERRITORY.

It is impossible to place an order for any delivery address located outside this TERRITORY.

The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER has indicated during the ordering process.

Shipping time

The times to prepare an order then establish the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These times exclude weekends or public holidays.

An electronic message will be automatically sent to the CUSTOMER at the time of shipping the PRODUCTS, provided that the email address appearing in the registration form is correct.

Delivery Times & Costs

During the ordering process, the SELLER indicates to the CUSTOMER the possible delivery times and shipping formulas for the PRODUCTS purchased.

Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.

The details of delivery times and costs are detailed on the SITE.

DELIVERY terms

The package will be handed over to the CUSTOMER against signature and upon presentation of an identity document.

In case of absence, a delivery notice will be left for the CUSTOMER, to allow them to pick up their package at their post office.

DELIVERY problems

The CUSTOMER is informed of the delivery date set at the time they choose the carrier, at the end of the online ordering procedure, before confirming the order.

It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable time and in the event of non-delivery within this time, they may terminate the contract.

The SELLER will refund the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery fees, without undue delay upon receiving the cancellation letter. The refund will be issued using the same payment method the CUSTOMER used to purchase the PRODUCTS.

The SELLER is responsible until the PRODUCT is delivered to the CUSTOMER. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss observed upon delivery.