Between the Company Deteve David, 5 rue Montmorençy, 31200 Toulouse, registered in the Toulouse Trade and Companies Register under SIRET No. U3107I577294, SIRET No. U3107I577294, represented by Mr. Deteve David, in his capacity as manager, duly authorised for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter referred to as the "Seller" or the "Company". On the one hand, And the natural person or legal entity proceeding to purchase products or services from the company, Hereinafter, the "Buyer", or "the Customer" On the other hand, It has been exposed and agreed as follows:
The Seller is publisher of products and services of L'Heure Passion exclusively for consumers, marketed through its websites (https://lheurepassion.us ). The list and description of goods and services offered by the Company can be consulted on the above-mentioned sites.
Article 1: Purpose and general provisions These Terms and Conditions of Sale related to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has benefited from the advice and information necessary to ensure that the offer meets his needs. The Customer declares that he is in a position to contract legally under French law or validly represent the natural person or legal entity for which he is committing himself. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Prices The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Vendor. They will be borne by the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities, and the Company reserves the right to modify its prices at any time in the future. Telecommunication costs necessary for access to the Company's websites shall be borne by the Customer. Where applicable, delivery costs are also payable by the Client.
Article 2.1: Price - example of unlawful clause The Company reserves the right to change the prices at any time of products purchased on subscriptions by the consumer.
Article 3: Conclusion of the online contract The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, its options if any, and indication of the Customer's essential data (identification, address, etc.); ➢ Acceptance of these General Terms and Conditions of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of the instructions for payment, and payment of the products. ➢ Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of these general terms and conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide true identification details. The Vendor reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and services The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies having received a detail of the delivery charges as well as the terms of payment, delivery and execution of the contract. The Vendor undertakes to honour the Customer's order within the limits of available Product stocks only. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products and their prices is specified on the Company's websites, as well as the minimum duration of the contracts proposed when they relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address communicated) In accordance with the legal provisions on conformity and latent defects, the Vendor shall reimburse or exchange defective products or products that do not correspond to the order. Reimbursement can be requested as follows: https://www.lheurepassion.us/Withdrawal-form.html.
Article 5: Retention of title clause The products remain the property of the Company until full payment of the price.
Article 6: Delivery terms The products are delivered to the delivery address that was indicated at the time of the order and the time indicated. This period does not take into account the time required to prepare the order. When the delivery requires an appointment with the Customer must indicate this when placing the order. When the Customer orders several products at the same time, these may have different delivery times, depending on the supplier, as follows. In the event of late delivery, the Customer has the possibility of cancelling the contract under the conditions and terms defined in Article L 138-2 of the French Consumer Code, in which case the Seller shall reimburse the product and the "outward" expenses under the conditions of Article L 138-3 of the French Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to ensure the order follow-up. The Vendor reminds the Customer that at the moment the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
Article 7: Availability and presentation Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In the event of unavailability of an article for a period exceeding 45 working days, you will be immediately informed of the foreseeable delivery times and the order of this article may be cancelled on request. The Customer can then ask for a credit note for the amount of the article or its refund.
Article 8: Payment Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or bank cheque. Cards issued by banks domiciled outside of France must be international bank cards (Mastercard or Visa). The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of art and cannot be read during transport on the STripe network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorises the Vendor to debit his card for the amount relating to the price indicated. The Customer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order is cancelled.
Article 9: Withdrawal period In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where appropriate, of the cost of return". "The time limit mentioned in the previous paragraph shall run from receipt in the case of goods or acceptance of the offer in the case of services. The right of withdrawal may be exercised by contacting the Company as follows: https://www.lheurepassion.us/withdrawal-form.html We inform Customers that, in accordance with article L. 121-20-2 of the French Consumer Code, this right of withdrawal cannot be exercised for products on sale or for free deliveries. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be refunded, the return shipping costs remain the responsibility of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories, manuals ...) so that they can be remarketed as new; they must if possible be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard form of withdrawal to be sent to us at the following address: https://www.lheurepassion.us/withdrawal-form.html.
Article 10: Guarantees In accordance with the law: The seller ensures the conformity of the products.
The request for reimbursement must be made in the following manner: https://www.lheurepassion.us/withdrawal-form.html
The Seller reminds that the consumer: has a period of 14 days from the delivery of the good to act with the Seller - that he can choose between replacement or refund. After the 14 days period no refund will be made.
Article 11: Complaints If necessary, the Buyer may submit any complaint by contacting the company using the following contact details https://www.lheurepassion.us/contact-us.html
Article 12: Intellectual property rights Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure The execution of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: Nullity and modification of the contract If one of the stipulations of the present contract were to be cancelled, this would not entail the nullity of the other stipulations which will remain in force between the parties. Any modification of the contract shall be valid only after a written and signed agreement of the parties.
Article 15: Protection of personal data In accordance with the French Data Protection Act of 6 January 1978, you have the right to question, access, modify, oppose and rectify any personal data concerning you. By adhering to these terms and conditions of sale, you consent to the collection and use of this data by us for the purposes of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact the data controller (the Company) by letter RAR. We carry out on all our sites a follow-up of the frequentation. To do so, we use tools such as https://www.lheurepassion.us/contact-us.html
Article 16 Limitation clause of responsibility It is stipulated a limitation clause of responsibility of the Vendor for the realization of the service at 50 euros.
Article 17: Applicable law All the clauses in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.