Conditions of use
ONLINE SALES FOR HAST BRAND PRODUCTS by HAST PARIS
Updated on 16.05.2018
ARTICLE 1. THE COMPANY
The website, www.hast.fr (hereinafter referred to as "the website") is published and operated by the company HAST PARIS SAS (hereinafter referred to as "HAST"), with its registered office at 47, Rue d'Aboukir - 75002 Paris, with a share capital of €50,000, registered in the Paris Company Register under number 793 590 159, and whose registered VAT number is as follows: FR 64 793590159.
For any information or question, the buyer can contact the Customer Service department of HAST PARIS SAS by email at firstname.lastname@example.org or by phone on +33 (0) 783472344 in France (at the cost of a local call).
ARTICLE 2. GENERAL
These general terms and conditions (hereinafter referred to as "GTC") govern the commercial relationship between HAST and any buyer (hereinafter referred to as the "buyer") of HAST brand products (hereinafter referred to as "products") on the website.
Confirming an order for a product on sale on the website implies the express, total and unconditional acceptance of the GTC, which is acknowledged by the buyer who specifically waives any right to invoke any contradictory document which would not be binding to HAST.
The GTC applicable to an order are those in effect on the date of the buyer’s order confirmation.
The GTC are accessible at any time on the website and prevail, over any other version or any other contradictory document.
Purchasing product is forbidden by minors under 18 as well as by persons unable to contract legally
The buyer guarantees the accuracy of the information they provide on the website.
Purchases made on the website are only for the buyer's personal use or as a gift and may not be used for commercial resale.
ARTICLE 3. PRODUCTS
Products are any goods offered for sale by HAST on the website.
Products offered for sale on the website are valid while stocks last.
HAST makes its best efforts to ensure that products' photographic representation on the website is as faithful as possible to the products themselves.
However, given the digital method used to present products on the internet, it is possible that due to the photographic represention, the buyer's perception of the product may not exactly match the products themselves.
The utmost care is taken in presenting products on the website to meet the requirements of Article L.111-1 of the French Consumer Code.
ARTICLE 4. ORDER AND PAYMENT TERMS
Buyers can place orders on the website at www.hast.fr.
To order a product, the buyer goes to the product page of their choice and clicks on "ADD TO BASKET", then goes to "MY BASKET" and clicks on "ORDER ".
The buyer then adds an invoicing address and a delivery address.
A summary of the order appears and the buyer can view the details of their order and its price.
Before finally confirming the order, the buyer has the option - at any time - to view and modify the items placed in "MY BASKET" by clicking on this tab.
The buyer must then confirm their order to proceed with the payment.
In order to complete the order, the buyer must also read the GTC and tick the box "I declare to have fully read and accepted without reserve the general terms and conditions of sale in their entirety".
Once the order is confirmed, the buyer automatically receives an email confirming their order, including a summary of the items ordered and a copy of the GTC. This email confirms that HAST has received the buyer's order but is not a confirmation of the availability of products ordered.
The buyer receives a second email when items are ready to be shipped, which will be a confirmation of the availability of items ordered.
In the event of product being partially or totally unavailable after placing the order, the buyer will be notified of any partial delivery or cancellation of the order by email.
In the event of product not being available, the buyer has the option of being refunded the price of the product ordered within fourteen (14) days of their request.
4.2. PAYMENT, NON-PAYMENT
Product prices indicated on the website are inclusive of all taxes. The buyer will be notified of shipping costs for the order prior to its final confirmation. In addition, once the order has been confirmed, prices and charges can be viewed on the website in "Order history" in the "My account" section.
For deliveries outside French territory, tax code provisions regarding VAT will apply.
Payment for products must be made by banker’s card or PayPal, as indicated on the payment page.
Banker’s cards currently accepted include debit/credit cards, Visa and Mastercard.
The full price, including delivery costs, will be charged to the buyer's credit card or PayPal account at the time of shipping the products ordered.
The buyer guarantees their full authorization to use the payment card or PayPal account for payment of their order and that this payment method gives access to sufficient funds to cover all costs for their order.
If the card issuer refuses to authorize payment, or if the Paypal account does not have sufficient funds, the order will not be confirmed and goods will not be shipped. In this case, HAST will send an email to the buyer to inform them of the refusal.
Payment card transactions are handled by the CREDIT MUTUEL-CIC secure payment system.
All information that buyers communicate to HAST is strictly protected and the accuracy and security of each transaction is guaranteed.
In the event that the buyer’s obligations under the GTC are not met, and in particular in cases of fraud or attempted fraud,and any incident for paying the price for the order, HAST reserves the right to refuse the buyer’s order that is under dispute.
ARTICLE 5. PRODUCT PRICING
Product prices are the pricing in force on the day of the order being confirmed.
Product prices are displayed on the website in euros and are presented as T.T.C. (all taxes including VAT at the legal rate in force).
Prices are guaranteed subject to printing error.
Product prices displayed on the website are excluding delivery charges.
Products purchased are payable in full on the day of placing the order. Product will only be delivered after full payment of the product. The delivery is the transfer to the consumer of physical possession or control of the property.
Promotional codes (sponsor codes, birthday codes, ...) and credits cannot be included for purchases during the sale period.
In addition, credit and promotional codes cannot be accumulated.
ARTICLE 6. DELIVERY
6.1. DELIVERY METHODS AVAILABLE
The buyer has a choice of the following delivery methods:
- COLISSIMO SUIVI (without signature)
- COLISSIMO SUIVI (with signature)
- DHL INTERNATIONAL (Europe)
- COLISSIMO INTERNATIONAL
6.2. DELIVERY CHARGE
6.2.1. FREE OF CHARGE DELIVERY
Deliveries by COLISSIMO(without signature) in France, including Corsica, Andorra and Monaco are free of charge. The website offers several free Colissimo services such as home delivery, delivery to a Point Relai, pick up station or post office.
6.2.2. PAYABLE DELIVERY CHARGES
Delivery charges for COLISSIMO (with signature) ,EXPRESS DHL in France and abroad (certain countries), and COLISSIMO INTERNATIONAL are payable.
Delivery charges are inclusive of all taxes at the time of the order being confirmed.
These delivery charges are in addition to product prices. Before final confirmation of the order, the customer is informed of the full price.
Amount for delivery charges:
6.3. ORDER PACKAGING
Orders are delivered using special packaging to ensure they arrive in good condition when being transported.
All orders come with a delivery note corresponding to the products delivered.
6.4. ADDRESS AND DELIVERY LEAD TIMES
HAST delivers its products to France, including Corsica, Europe, as well as countries outside the European Union.
The possible participation in shipping costs is inclusive of VAT.
Products are sent to the delivery address specified by the buyer during the ordering process. HAST cannot be held responsible for any incorrect or incomplete address specified by the buyer.
In the event that the buyer's order relates to several products, HAST reserves the right to send them in several shipments.
Products purchased by the buyer are generally delivered within two(2) to three(3) working days in mainland France. In all cases, products are delivered within a maximum of fourteen(14) days from the date of receiving the second delivery email.
HAST is committed to make its best efforts to deliver the products ordered by the buyer within the time specified above.
If the previously mentioned period of fourteen(14) days is exceeded, the buyer may request immediate cancellation of the sale to obtain a refund for the amount paid against this order. This can be done by sending a recorded delivery letter to 47, Rue d'Aboukir - 75002 Paris or by email to: email@example.com.
Amounts paid by the buyer will be returned to them without delay, and within a maximum of fourteen(14) days following the date on which the contract was terminated.
Under Article 1218 of the Civil Code, HAST cannot be held liable or considered to have committed misconduct in handling the buyer’s case, if any delay or failure resulting from the event of a force majeure as defined by the French Courts.
Upon receipt of the order, the customer should check the condition of the packaging and the delivered products and immediately report any anomaly by sending an email to firstname.lastname@example.org.
ARTICLE 7. RIGHT TO WITHDRAWAL, EXCHANGE OR RETURN
7.1. RIGHT OF WITHDRAWAL
Only products that have been purchased on the www.hast.fr website are affected by the right of withdrawal. If your Hast products were purchased in the store located at 47 rue d'Aboukir, 75002, Paris, France, these products must be returned to the store for exchange only.
The customer has the right to withdraw or return products ordered within fourteen(14) days from receipt. In the case of an order for several products delivered separately, this period runs from the receipt of the final product. In accordance with the terms set out below:
a- the products will be returned in a condition suitable for being transported to the address on the returns form included in your parcel,
b- products should be in their original state, without being damaged, stained, washed, modified or worn (with the exception of being tried on), and enclosed in their original packaging with all accessories relating to the products, as well as packaging, labels, and original invoice. If the withdrawal period of fourteen(14) days expires on a Saturday, Sunday or a holiday, the deadline is extended to the next business working day.
For any purchase made on www.hast.fr, widthdrawal requests, regardless of delivery method, must be sent to us using the form that can be downloaded here, or by any other means of your choice explicitly expressing your desire to withdraw.
In accordance with the provisions of Article L 121-21-4 of the Consumer Code, we will refund the price of your ordered products and any delivery charges at the standard rate, by recrediting the payment method used when placing your initial order. We will refund this promptly within a maximum period of fourteen(14) days on receipt of the goods you are returning to us.
7.2. RETURNS PROCEDURE
You have a period of fourteen(14) days following receipt of your order to inform us of your wish to return part or all of your order.
Prior to returning products, the buyer must notify HAST of their intention and the reasons for this return by logging on to the "My Account" section on the website.
The buyer must go to the "My Orders" section and then select the product(s) they wish to return (Attention: The product must have a "Delivered" status) and indicate the reasons for the returning the product as well as the type of return desired (exchange or refund), then click on "MAKE A RETURN".
Once your return request has been confirmed by HAST, carefully prepare your package by inserting IMPERATIVELY your "delivery note". If you have lost it, please contact the Customer Service department. HAST will then send a prepaid e-mail postage label (for an first exchange) for handling HAST shipping charges. For a refund return or a second exchange the cost of postage is the customer’s responsibility.
A return or exchange is at the customer's risk. The product must be returned within fourteen(14) days in its original condition, new, unworn, unwashed and carefully folded into its original packaging.
Products must be returned by COLISSIMO (for shirts) and LETTRE MAX (for other products) to the following address:
BDL - Bourgogne Direct Logistics
Service HAST PARIS
Rue de la Croix Belin
Upon receipt of the package, HAST will objectively judge the condition of the returned merchandise. No return or exchange will be accepted if the returned item(s) has been clearly used or damaged in any other context other than being tried on by the buyer and such use or damage renders the products unfit for sale. If the return or exchange is refused by HAST, products will be returned to the buyer and the return costs will be borne by the buyer.
It is also possible to make an exchange or a return directly in the store located at 47, rue d'Aboukir 75002 PARIS.
7.3. RETURN COSTS
In the first exchange, no return costs are charged to the customer. Return shipping costs are the standard delivery charges for products ordered and received by the buyer and returned to HAST.
The return costs are the responsibility of the customer in the case of request for refunds.
Beyond one(1) exchange, returns for exchange are accepted by HAST, but the cost of returns and return for a new order are the responsibility of the customer.
Return costs include postal charges (equivalent to a standard rate) and logistic costs (order preparation) equal to €2.50 T.T.C. per package.
In the event of non-compliance or product sent in error by HAST, return costs will be covered.
ARTICLE 8. REFUNDS, CREDITS AND EXCHANGES
If the conditions set out in article 7 above are fulfilled, HAST will, at the customer's choice, refund the price of the returned products or issue a credit note (voucher) for exchange, valid for 1 year on the website.
In the event of the buyer requesting a refund, HAST will recredit the customer by the means of payment used in the initial order corresponding to the price of returned products within a maximum of fourteen(14) days.
In the event of an exchange request, HAST will isse a credit note (voucher) to the buyer. HAST will send this electronically, within fourteen(14) days of receiving the returned products. This credit is valid for one(1) year on the website and corresponds to the price of the returned products.
Customers who have benefited from a promotional code and wish to subsequently make an exchange will benefit from a credit for the net amount paid. If the discount is no longer valid or not cumulative, the amount equivalent to the reduction received on the first purchase must be paid to exchange the product ordered.
In the event that an order has been settled with a voucher, the value of the voucher will be deducted from the refund or credit from HAST in proportion to the number of products ordered.
In the event of an exchange request by the buyer, this request depends on the availability of products in stock.
The buyer is informed that following an exchange, a request for refund for exchanged products can only be processed with a new exchange or settled with a credit note. For orders that has been settled with a credit note these returned products will no longer be eligible for refund by HAST. Only exchange of returned products or issuing a new credit by HAST will be authorized. The buyer is also informed that credits issued by HAST are neither divisible nor refundable.
No refund will be made in the store. For purchases made on the website and returned directly to the store, the refund will be made by the website Accounts department for the website within fourteen(14) days of receipt of returned products..
ARTICLE 9. GIFT CARDS
Gift cards purchased on the website can only be used for purchasing products on the website.
In the event that the total amount of an order paid for with a gift card exceeds the amount of it thereof, the remaining balance must be paid by the buyer by banker’s card.
Any gift card unused balance will be retained for future purchases and will not be returned or exchanged for cash.
The buyer has the right to cancel a gift card purchase on the website within fourteen(14) days from the date of the order being placed and provided that it has not been used. HAST will refund the gift card value within fourteen(14) days from the cancellation request and crediting the banker’s card or PayPal account used to purchase the gift card.
In the event that a product purchased with a gift card is returned, the return for the value of products purchased will be credited to the gift card used in the form of a credit.
HAST reserves the right to refuse, cancel or suspend gift cards purchased and orders paid for using these cards if there is any suspicion of fraud, for gift cards issued by mistake with an incorrect name, or for any other violation of the rules applicable to gift cards.
ARTICLE 10. PERSONAL DATA
HAST promises to respect the confidential nature of the personal data supplied by Buyers on the Website and to process such data in accordance with the provisions of the French "Informatique et Libertés" law of 6 January 1978 and Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
The personal data collected on the Website is processed in accordance with HAST's Personal Data Management Policy [https://www.hast.fr/en/content/37-personal-data-management-policy].
In accordance with current legislation, the Buyer has the rights referred to in the Personal Data Management Policy [https://www.hast.fr/en/content/37-personal-data-management-policy] and is entitled to exercise them:
• via their customer account
• by email, accompanied by a copy of an identity document of some kind: email@example.com
• in writing by sending a letter accompanied by a copy of an identity of document of some kind to Service Clients, HAST PARIS SAS, 47 Rue d'Aboukir – 75002 Paris, France
ARTICLE 11. LIABILITY
HAST can not be held liable for any delays or breaches of obligations under the GTC in case of force majeure within the meaning of the jurisprudence of the French Courts.
In addition, HAST cannot be held liable for any inconvenience or damages relating to the use of the internet and the website (service breakdown, computer viruses, external intrusions etc.).
ARTICLE 12. WARRANTY
The buyer benefits from the legal guarantee of compliance and the guarantee against hidden defects, in accordance with Articles L.217-4 of the Consumer Code and 1641 of the Civil Code.
If products delivered by HAST do not conform or present a hidden defect when delivered, the buyer should contact HAST as soon as possible by sending an email to: firstname.lastname@example.org.
As part of these guarantees, HAST commits, as far as possible, to:
- replace the product with the same or equivalent product depending on available stock.
- or to exchange the product for a product of equivalent price depending on available stock,
- to refund the price of the ordered product within fourteen(14) days from the buyer’s request if replacement by an identical or equivalent product has not been possible.
ARTICLE 13. INTELLECTUAL PROPERTY RIGHTS
All material on the www.hast.fr website and the site itself are protected by copyright, trademark law, law of designs and/or other intellectual property right.
These elements belong to HAST or are used with the agreement of their owners.
Reproducing or representing these elements, without prior express and written consent from HAST, constitutes acts of counterfeiting, punishable by penalties under the Code of Intellectual Property and the Penal Code.
The website that is made available to the buyer is intended solely for personal, private and non-commercial use. The content of the website may not be used for any other purpose without prior, express and written consent from HAST.
ARTICLE 14. APPLICABLE LAW – LITIGATION
The GTC are governed and subject to French law.
In the event of a dispute, an amicable solution will be sought before any legal action is taken. Otherwise, the French courts have territorial jurisdiction to hear any dispute relating to the www.hast.fr website and orders placed thereof.
Since 1st January 2016, Articles L 612-1 and following of the Consumer Code, you have the right to a consumer mediator to amicably resolve a dispute between you and a professional. Before entering the mediation service, remember that you must have contacted our Customer Service department by email at the following address email@example.com. This mediation service mentioned can only be employed once you have taken steps to contact our Customer Service department in advance in order to try to find an amicable solution to your dispute.
Under Consumer Code provisions regarding amicable resolution for disputes, Hast adheres to the European Mediators Association (MEA) whose contact details are: AME, located 11 Place Dauphine 75001 Paris - www.mediationconso-ame.com. After prior written consumer action with Hast Paris, the Ombudsman service may be taken up for any consumer dispute that has not been resolved. To find out about the Mediator's referral procedure, click http://www.mediationconso-ame.com/people-clothing-shoes-accessories/view/form.html.
Dedicated Platform for the European Commission: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
ARTICLE 15. MODIFICATIONS TO GENERAL TERMS AND CONDITIONS OF SALE
The GTC may be subject to change or modification by HAST.
The GTC applicable to the date of the buyer's order are those available on the website on the date of the order being confirmed.
For any request or additional information concerning the GTC, the buyer may send an email to the following address: firstname.lastname@example.org.