These general conditions of sale govern the commercial relations between the Hubert Privé company hereinafter referred to as the seller, and any natural person and https://hubert-prive.com/.
The seller reserves the right to modify the General Terms and Conditions of Sale below at any time. The applicable version being the one in force on the site on the date of placing the order.
ARTICLE 1: THE BUYER
The buyer must have the legal capacity to place an order on the site.
The buyer must ensure that his personal data in the “my account” section is accurate and complete (including access code and/or intercom). The seller cannot be held responsible for the impossibility of delivering the order if the buyer’s data contains an error or is incomplete.
The seller reserves the right to cancel an order if there is a doubt about the buyer’s good faith.
ARTICLE 2: PRICES
The prices of the products are indicated in euros all taxes included excluding participation in processing and shipping costs.
Shipping costs are charged extra depending on the amount and weight of the order. Shipping costs are indicated before the order is validated by the customer.
All sales are payable in euros, regardless of where the order is placed.
The seller reserves the right to change its prices at any time but the products will be invoiced according to the prices displayed at the time of the order.
ARTICLE 3: PRODUCTS
The products offered comply with the French legislation in force and the standards applicable in France. The seller cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered (for example in the event of a prohibition of a product,…). It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you plan to order.
The products put up for sale by the seller are presented and detailed in such a way that any buyer is able to know the essential characteristics of the products (Article L 111-1 of the Consumer Code). The buyer therefore becomes aware of the characteristics of the products sold on the website https://hubert-prive.com/. He also undertakes to respect the safety instructions that apply to products sold on the https://hubert-prive.com/ website. The buyer takes responsibility for the choice of products thanks to the characteristics provided by the product presentation page on the website, the recommendations issued, and the certifications. The seller cannot be held liable in the event of possible incidents and special damage, health or health problems, resulting from abnormal or non-compliant use of the products after the delivery of these products. The buyer acknowledges using this product on his full and complete responsibility.
Similarly, the seller cannot be held liable in the event of non-compliance with the proper use of the products in accordance with the use for which they are intended (or in the case of use with other products), in particular in accordance with the user manual and the characteristics provided by the product presentation pages on the website.
ARTICLE 4: THE ORDER
During the first order, the buyer must create an online account with his personal contact details. The buyer must take care to keep them updated. By validating his order, the buyer accepts the price and characteristics of the products presented on the website https://hubert-prive.com/. By validating his order, the buyer confirms that he has read the General Terms and Conditions of Sale and accepts them without reservation or restriction. No particular condition may, unless formally accepted in writing by us, prevail against our general conditions of sale.
After validation of the order, the buyer will receive by email the confirmation summarizing his order.
The transaction data recorded by the https://hubert-prive.com/ website constitute proof of all commercial transactions made with the buyer. The information recorded at payment constitutes proof of all financial transactions between the site and the buyer.
ARTICLE 5: AVAILABILITY
Our product offers are offered within the limits of available stocks. The availability of the product is visible on the product presentation page.
This notification is provided for information purposes only. In the event of unavailability of the product after placing your order, we will inform you either by email, by mail or phone. You will then have the opportunity to cancel or exchange your order. In case of total unavailability, the order will be cancelled and the refund will be made if your bank account has been debited. In the event of partial delivery of your order, our customer service will contact you to find an agreement on a possible exchange, refund or deadline for receipt.
ARTICLE 6: PAYMENT
Products are payable in cash on the day the order is placed. No discount will be granted.
All orders are expressed in euros all taxes included, with the VAT rates applicable in France.
The seller reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any amount due by the buyer, in the event of a payment incident or in the event of an existing dispute with the buyer.
The order validated by the buyer will only be considered effective when the bank payment centers concerned have given their agreement. In the event of refusal by the bank, the order will be automatically cancelled.
As part of the fight against Internet fraud, the information relating to your order may be transmitted to any third party for verification.
The seller does not store any bank information to stop the embezzlement of your credit card and secure your payments made during purchases on the site.
Les cartes bancaires acceptées sur le site sont les suivantes : Carte Bleue, Visa et Mastercard. The payment is encrypted and secured by Atos. The buyer expressly acknowledges that the communication of his credit card number on the https://hubert-prive.com/ website constitutes authorization to debit his account.
The buyer’s account will be debited on the day of his order or a few days later in accordance with the deadlines of each bank.
ARTICLE 7: DELIVERY
The products will be delivered to the address indicated by the buyer at the time of purchase on the site, which can only be in the planned geographical area (metropolitan France, Monaco, and some overseas countries and foreign countries). The buyer must ensure that his contact details are correct and complete (including access code and/or intercom).
In the event of an international sale (outside the EU, Switzerland and Norway), Hubert Privé cannot be held responsible for a blocking by customs in the country of destination. No compensation can be requested from the sender in the event of seizure or blocking. However, we will help you to provide you with as many elements as possible to regularize the situation.
The buyer is delivered by his postman, a postal agent or a transport agent. In the event of an absence or mailbox that is too small, the buyer or recipient of the ordered product receives a notice of passage, which allows him to collect the products ordered at the place indicated, during the period indicated by the carrier. After this period, the package is returned to the sender. No dispute relating to the delivery itself is possible if the package appears to have been delivered, as proof of La Poste’s computer system (flashage).
Hubert Privé undertakes in the event of a damaged delivery to replace the defective product(s) on presentation of a photo of the packaging as well as clearly identifiable products (a return may also be requested). The buyer must also report these incidents to the seller within 72 hours to alban@hubert-prive.com specifying the order number.
Delivery times depend in particular on the availability of carriers and the order of arrival of orders. Our carrier strives to respect the delivery times it indicates upon acceptance of the order and to execute orders, except in cases of force majeure, or in the event of circumstances beyond its control, such as strikes, frost, fire, storm, flood, epidemic, supply difficulties, without this list being exhaustive. Delays in delivery cannot give rise to any penalty or compensation.
Delivery costs are automatically calculated in the purchase summary and appear in the total to be paid.
ARTICLE 8: SHIPPING COSTS
Shipping costs include a contribution to the costs of preparations and packaging, as well as postage costs. In the event that you are thinking of buying several items, it is preferable to group them on a single order in order to pay shipping costs only once.
Shipping costs are the responsibility of the buyer according to the amount of his order and the delivery method (free delivery according to conditions). For our foreign friends, any customs duties and taxes will be systematically added to the order.
ARTICLE 9: RETURNS AND RIGHT OF WITHDRAWAL
In accordance with Article L. 221-18 of the Consumer Code, you have the right of withdrawal of fourteen days from the date of receipt of the product to return this product at your expense without having to justify any reason. Returned products must be in a perfect condition of resale, in their original condition (packaging, accessories, instructions…), duly sealed, and accompanied by your order number or copy of the purchase invoice. Any risk related to the return of the product is the responsibility of the buyer. The seller will exchange the product or refund the corresponding amount within fourteen days of receipt of the return.
To return a product, you must first contact us at contact@hubert-prive.com specifying the order number and reference of the product(s) concerned. You will then just have to fill in the withdrawal form and attach it when returning your products.
ARTICLE 10: GUARANTEE
Pursuant to Articles 1641 et seq. of the Civil Code, you benefit from the legal guarantee of hidden defects and defects of conformity.
When acting as a legal guarantee of conformity, the customer:
– has a period of two years from the delivery of the property to act;
– may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
– is exempt from reporting proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the good.
The customer will have to make a return request in writing to customer service. Upon receipt of your return request, a written confirmation as well as the procedure to be followed and the return address to send your product will be communicated to you by our customer service.
The acceptance of the repair or replacement of the property will be made after verification of the defect hidden by our services. The products must be returned in their original packaging, with the accessories and the instructions.
ARTICLE 11: DISPUTES
In accordance with Article L. 612-1 of the Consumer Code, the customer declares that he has been previously informed by Hubert Privé of the possibility of using, in the event of a dispute, a conventional mediation procedure or any other alternative method of dispute settlement.
ARTICLE 12: RESPONSIBILITIES
The seller cannot be held responsible for the non-performance of the contract in the event of stock shortage or unavailability of the product due to a case of force majeure, total or partial disruption or strike, in particular postal services and means of transport and/or communications, flood or fire that may prevent the delivery of the order or the destruction of the order.
The seller cannot be held liable in the event of non-compliance with the proper use of the products in accordance with the use for which they are intended (or in the case of the use of other products), in particular in accordance with the user manual and the characteristics provided by the product presentation pages on the website.
The photographs and information contained on the website, illustrating the products presented, are not contractual. Although we consider them reliable, the seller cannot be held liable in the event of a photograph or text error.
In the case of professional purchases, the seller shall not be held liable for any consequential loss, operating loss, loss of profit, loss of opportunity, damage or costs that may arise from the purchase of the products.
The seller, in the online sales process, is only bound by an obligation of means; his liability cannot be held for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of the service, or other involuntary problems.
ARTICLE 13: PROTECTION OF PERSONAL DATA
The seller undertakes not to disclose to third parties the information you provide to him. These remain confidential. They will only be used by our internal services for the processing of your order, and for communication.
The seller reserves the right to place cookies on your computer when visiting the site. A cookie does not allow us to identify you but is intended to report your previous visit to the site in order to help us personalize the service offered to you.
Consequently and in accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose personal data concerning you. To do this, simply request it online at contact@hubert-prive.com by indicating your last name, first name, address.
ARTICLE 14: APPLICABLE LAW AND COMPETENT JURISDICTION
This contract is signed in French and subject to French law. Any dispute that may arise from these general conditions of sale will be within the jurisdiction of the District Court.
ARTICLE 15: INTELLECTUAL PROPERTY
All elements of the site https://hubert-prive.com/ (images, texts, videos, comments, graphic charter…) are the intellectual and exclusive property of the seller. Any other use constitutes counterfeiting and sanctioned under Intellectual Property unless previously authorized by us. All rights reserved.
ARTICLE 16 : NEWSLETTER
By accepting the GTC, you authorize Hubert Privé to add yourself to his mailing list. You can oppose it when the first email arrives by unsubscribing. To do this, you will have to click on the link provided for this purpose at the bottom of the email.