Terms and conditions
Preamble
These general conditions of sale apply to all sales concluded on the website www.hathora-joaillerie.com
SARL HATHORA is a company whose head office is established at the following address:
52 route de Gençay
MBE n°328
86000 Poitiers
SARL HATHORA is a company whose head office is established at the following address:
52 route de Gençay
MBE n°328
86000 Poitiers
The HATHORA company is registered in the Poitiers Trade and Companies Register under number 921 249 702. Hereinafter referred to as the “SELLER”, and on the other hand, by any natural or legal person wishing to make a purchase via the this site, hereinafter referred to as the “BUYER”.
The customer's acceptance of these general conditions is materialized by his electronic signature, materialized by the "validation click", as well as by the communication of his bank details for the purpose of payment of his Order. This electronic signature has the value of a handwritten signature between the parties. This double approach amounts to the Customer recognizing that he has fully read and unreservedly approves all of these conditions.
The customer's acceptance of these general conditions is materialized by his electronic signature, materialized by the "validation click", as well as by the communication of his bank details for the purpose of payment of his Order. This electronic signature has the value of a handwritten signature between the parties. This double approach amounts to the Customer recognizing that he has fully read and unreservedly approves all of these conditions.
The site is the property of the SELLER in its entirety, as well as all rights relating thereto. Any reproduction, in whole or in part, is systematically subject to the authorization of the owners. However, hypertext type links to the site are authorized without specific requests.
Photo shots: © Seb Jawo photographer.
ARTICLE 1: OBJECT
The purpose of these General Conditions of Sale is to define the terms and conditions under which the company HATHORA, hereinafter referred to as the SELLER, offers and sells its Products to its customers.
These general conditions of sale will prevail over all other conditions appearing in any other document, unless otherwise waived, expressly and in writing.
The purpose of these General Conditions of Sale is to define the terms and conditions under which the company HATHORA, hereinafter referred to as the SELLER, offers and sells its Products to its customers.
These general conditions of sale will prevail over all other conditions appearing in any other document, unless otherwise waived, expressly and in writing.
ARTICLE 2: ACCEPTANCE OF THE CONDITIONS
The customer acknowledges having read, at the time of placing the Order, these General Conditions of Sale and expressly declares to accept them without reservation.
The SELLER reserves the right to modify its conditions of sale at any time, without notice. In this case, the applicable conditions will be those in force on the date of the order by the BUYER.
The customer acknowledges having read, at the time of placing the Order, these General Conditions of Sale and expressly declares to accept them without reservation.
The SELLER reserves the right to modify its conditions of sale at any time, without notice. In this case, the applicable conditions will be those in force on the date of the order by the BUYER.
ARTICLE 3: PRODUCTS
Most of the products presented on this site are UNIQUE EXEMPLIES, because they are old and/or second-hand accessories. Despite the care taken in the selection of items, certain damage due to time cannot sometimes be avoided. They are indicated in the description of the articles. However, certain details may escape vigilance. These always discreet alterations are an integral part of the history and charm of the item.
The photographs of the Products presented on the site are as faithful as possible but they cannot ensure perfect similarity with the product offered, particularly with regard to the colors.
The majority of Products offered on this site are immediately available.
However, all Products marketed by HATHORA may or may not necessarily be sold online.
Our Product offers and prices are valid as long as they are visible on the site and subject to confirmation of the Order by the SELLER.
The customer will take the jewelry as is on the date of the Order, where applicable, antique jewelry and/or collections without recourse against the SELLER due to obsolescence, wear, degradation, etc.
Please note, as the jewelry presented is made of precious materials, their use requires certain precautions in order to preserve their initial condition. Therefore, it is recommended not to knock them, put them under water, use abrasive or corrosive products for maintenance, spray perfume or even use a household appliance for their maintenance. Any breach of these common sense rules cannot be the subject of a complaint to the SELLER. HATHORA cannot be held responsible for any damage to the jewelry after its sale.
Most of the products presented on this site are UNIQUE EXEMPLIES, because they are old and/or second-hand accessories. Despite the care taken in the selection of items, certain damage due to time cannot sometimes be avoided. They are indicated in the description of the articles. However, certain details may escape vigilance. These always discreet alterations are an integral part of the history and charm of the item.
The photographs of the Products presented on the site are as faithful as possible but they cannot ensure perfect similarity with the product offered, particularly with regard to the colors.
The majority of Products offered on this site are immediately available.
However, all Products marketed by HATHORA may or may not necessarily be sold online.
Our Product offers and prices are valid as long as they are visible on the site and subject to confirmation of the Order by the SELLER.
The customer will take the jewelry as is on the date of the Order, where applicable, antique jewelry and/or collections without recourse against the SELLER due to obsolescence, wear, degradation, etc.
Please note, as the jewelry presented is made of precious materials, their use requires certain precautions in order to preserve their initial condition. Therefore, it is recommended not to knock them, put them under water, use abrasive or corrosive products for maintenance, spray perfume or even use a household appliance for their maintenance. Any breach of these common sense rules cannot be the subject of a complaint to the SELLER. HATHORA cannot be held responsible for any damage to the jewelry after its sale.
ARTICLE 4: ORDER
Automatic recording systems are considered as proof of the nature, content and date of the Order.
The SELLER confirms acceptance of his Order to the customer at the email address that he has communicated. The sale will only be concluded upon confirmation of the order.
The SELLER reserves the right to cancel a customer's Order, in particular if there is a dispute relating to the payment of a previous Order. The information provided by the BUYER when placing the Order is binding on the latter. In the event of an error in the wording of the recipient's contact details, the seller cannot be held responsible for the impossibility of delivering the product.
Automatic recording systems are considered as proof of the nature, content and date of the Order.
The SELLER confirms acceptance of his Order to the customer at the email address that he has communicated. The sale will only be concluded upon confirmation of the order.
The SELLER reserves the right to cancel a customer's Order, in particular if there is a dispute relating to the payment of a previous Order. The information provided by the BUYER when placing the Order is binding on the latter. In the event of an error in the wording of the recipient's contact details, the seller cannot be held responsible for the impossibility of delivering the product.
ARTICLE 5: DELIVERY
After confirmation of the Order and subject to full payment of the price of the Products ordered, the SELLER undertakes to ship to its Customer, under its responsibility, the Products ordered to the delivery address within a period estimated at 30 working days after receipt and collection of the entire amount of the Order.
After confirmation of the Order and subject to full payment of the price of the Products ordered, the SELLER undertakes to ship to its Customer, under its responsibility, the Products ordered to the delivery address within a period estimated at 30 working days after receipt and collection of the entire amount of the Order.
In the event that a piece of jewelry requires customization requested by the Customer: sizing for rings, engraving or any intervention, a new delivery time will be transmitted by the SELLER to the BUYER. On average, an additional period of 15 working days is required, excluding summer periods.
The BUYER undertakes to provide all the information required for the proper execution of delivery: telephone number, email, complete delivery address.
In the event of a breach, once the package has been handed over to the carrier, no changes can be made. If applicable, a correction of the delivery address results in a redirection of the destination of the package with a supplement which will be invoiced to the BUYER.
In the event of a breach, once the package has been handed over to the carrier, no changes can be made. If applicable, a correction of the delivery address results in a redirection of the destination of the package with a supplement which will be invoiced to the BUYER.
Please note that all deliveries are made by carrier with hand delivery against signature. If during delivery, the BUYER decides to redirect it to a delivery address other than that expressly requested from the SELLER when placing the order or depositing the latter in a parcel relay, the BUYER will undertakes to take responsibility for this shipment and cannot under any circumstances hold the SELLER responsible for any loss, theft, damage or other damage that may occur to the package and its contents.
All Products stipulated in Orders placed on this site are intended for the personal use of customers or recipients whose name is mentioned at the delivery address.
If applicable, the customer undertakes to pay upon receipt all taxes due on the importation of products, customs duty, value added tax, and all other taxes due under the laws of the country in which the order is received. . The SELLER cannot be held jointly liable at any time in this respect.
If applicable, the customer undertakes to pay upon receipt all taxes due on the importation of products, customs duty, value added tax, and all other taxes due under the laws of the country in which the order is received. . The SELLER cannot be held jointly liable at any time in this respect.
Delivery can be made by any delivery method chosen by the SELLER:
Orders below and up to €1000 including tax: by Colissimo, Chronopost or any other carrier chosen by the SELLER.
Orders over €1000 including tax: by DHL, TNT, GLS, La Poste Declared Value or any other carrier chosen by the SELLER.
For France, Italy, Spain, Poland, Germany and the United Kingdom: delivery to a relay point is possible, by a carrier chosen by the SELLER.
Delivery will be deemed to take place on the date of first presentation of the products to the delivery address indicated.
Any delays in delivery attributable to the carrier or the SELLER do not entitle the BUYER to claim damages.
Orders below and up to €1000 including tax: by Colissimo, Chronopost or any other carrier chosen by the SELLER.
Orders over €1000 including tax: by DHL, TNT, GLS, La Poste Declared Value or any other carrier chosen by the SELLER.
For France, Italy, Spain, Poland, Germany and the United Kingdom: delivery to a relay point is possible, by a carrier chosen by the SELLER.
Delivery will be deemed to take place on the date of first presentation of the products to the delivery address indicated.
Any delays in delivery attributable to the carrier or the SELLER do not entitle the BUYER to claim damages.
The SELLER cannot be held responsible for non-performance of the concluded contract, in the event of force majeure, disruption or total or partial strike, particularly of postal services and means of transport and/or communications, war, riot, flood, fire, natural disasters, accidents and in the event of a fortuitous event or the act of a third party.
Upon receipt of the Products ordered, the Customer or recipient must check the good condition of the goods delivered. In the event that upon delivery, one or more of the Products ordered is missing or damaged, the Customer or the recipient must make an express reservation with the carrier, at the time of delivery at the latest. In the event of apparent defects, the customer has the right of return under the conditions provided for in the general conditions.
If the BUYER decides to have it delivered to a Relay Point, the latter has the obligation to collect their package within 10 working days after delivery. Once this 10-day period has expired, the package will be automatically returned to the SELLER's address at the BUYER's expense.
If the Customer or the recipient is not present during delivery with hand delivery and against signature, the carrier will make the package available in premises for 8 to 10 working days. This new information will be communicated to the BUYER who will be required to come and collect their package during this period. Once this period of 8 to 10 days has elapsed, the package will be automatically returned to the SELLER's address at the BUYER's expense.
In these two specific cases mentioned above, this non-manifestation by the BUYER does not in any way imply the liability of the SELLER. On the date of receipt of the return made by the carrier, the transfer of ownership takes place, the returned item(s) once again become the property of the SELLER . Hathora keeps and stores these products for a maximum of 14 working days from the date of receipt of the return. The Customer will therefore have this additional time to claim their package by requesting reshipment at their expense or request a refund or a credit in the form of a voucher. The refund will be due within a maximum of 14 working days, after verification and quality control by the expert. Hathora reserves the right to reduce the amount of the reimbursement or to credit it to the amount of the costs linked to this event.
Beyond this period clearly defined above, if the Customer still does not express his intentions in writing, then the SELLER may again market the references of the item(s) in question and there will no longer be any reimbursement possible, except in special cases where the decision is up to the SELLER.
All costs related to returns due to non-demonstration by the BUYER will be invoiced to him : return costs, quality control costs, customs costs, possible taxes or other charges which remain the responsibility of the Customer.
ARTICLE 6: WITHDRAWAL
The Customer has a right of withdrawal which he can exercise, without having to provide reasons, within 14 clear days from receipt of the products ordered.
The Customer has a right of withdrawal which he can exercise, without having to provide reasons, within 14 clear days from receipt of the products ordered.
In this case, the jewelry can only be reimbursed if all of the following conditions are met:
– The Customer must demonstrate his intention to exercise his right by contacting customer service by email at the following address: contact@hathora-joaillerie.com ;
– The product must not have been worn, worn out, modified, damaged, or have undergone any manipulation likely to prevent its remarketing in its original state;
– The product must not have been made to measure (cutting to size or engraving for example);
– The product must be returned in its original packaging with accessories, certificates and invoice.
– The product must not have been worn, worn out, modified, damaged, or have undergone any manipulation likely to prevent its remarketing in its original state;
– The product must not have been made to measure (cutting to size or engraving for example);
– The product must be returned in its original packaging with accessories, certificates and invoice.
The products must be returned in perfect condition, accompanied by the invoice and a note of explanation mentioning the Customer's contact details as well as their wish to receive a refund or credit, to the following address:
HATHORA
52 route de Gençay
MBE n°328
86000 Poitiers
52 route de Gençay
MBE n°328
86000 Poitiers
Each return is subject to rigorous quality control by us, in order to verify the condition and authenticity of the item(s) returned; appraisal costs may then be charged to the BUYER.
Hathora reserves the right not to accept any return if the product is not returned in perfect condition or has been altered from its original condition in any way or, we may reduce the amount of any refund or credit applicable accordingly.
In the event of exercising the right of withdrawal, the SELLER undertakes to reimburse the sums paid by the customer, with the exception of return costs, customs fees, possible taxes or other charges which remain the responsibility of the Customer. The refund is due within a maximum period of 14 working days from the date of receipt of the withdrawal request. However, Hathora may postpone the reimbursement until the day of receipt of the product which is the subject of the return or upon receipt of proof of sending of the product by the buyer, the date chosen being that of the first of these facts.
Failure to comply with these Conditions of Sale will give Hathora the right to refuse the returned product and return it to the Customer, at their expense.
In order to limit abuse, only one return per Customer may be accepted.
ARTICLE 7: PRICE
The price is expressed in euros.
The price indicated on the product sheets includes the costs inherent to transport in mainland France and EEC countries.
The price indicated in the order confirmation is the final price, expressed all taxes included and including VAT for mainland France and EEC countries. This price includes the price of the products and sizing services, handling costs, packaging, transportation and commissioning costs.
The cost of first putting on the finger for the rings is free when ordering and within the limits of the sizes indicated.
Upon receipt of the ring, if the size ordered does not correspond, the costs of second placement on the finger and transport, if applicable, will in this case be the responsibility of the BUYER.
The price is expressed in euros.
The price indicated on the product sheets includes the costs inherent to transport in mainland France and EEC countries.
The price indicated in the order confirmation is the final price, expressed all taxes included and including VAT for mainland France and EEC countries. This price includes the price of the products and sizing services, handling costs, packaging, transportation and commissioning costs.
The cost of first putting on the finger for the rings is free when ordering and within the limits of the sizes indicated.
Upon receipt of the ring, if the size ordered does not correspond, the costs of second placement on the finger and transport, if applicable, will in this case be the responsibility of the BUYER.
ARTICLE 8: PAYMENT
Whatever the method of payment, the products delivered remain the exclusive property of Hathora until full and unconditional payment has been made. Payment is made before delivery of the product.
The price of the Products is payable by one of the payment methods offered on the site on the day of the actual Order.
The price of the Products is payable in cash on the day of the actual order.
For payments by transfer, payment must be made within a maximum of 7 days from the date of the order. After this period, the order will be considered void and the jewelry will be put back on sale.
Whatever the method of payment, the products delivered remain the exclusive property of Hathora until full and unconditional payment has been made. Payment is made before delivery of the product.
The price of the Products is payable by one of the payment methods offered on the site on the day of the actual Order.
The price of the Products is payable in cash on the day of the actual order.
For payments by transfer, payment must be made within a maximum of 7 days from the date of the order. After this period, the order will be considered void and the jewelry will be put back on sale.
ARTICLE 9: APPLICABLE LAW
These general conditions of sale are subject to French law.
These general conditions of sale are subject to French law.
ARTICLE 10: RESPONSIBILITY
The SELLER cannot be held responsible for damages of any nature, whether material, immaterial or bodily, which could result from poor treatment or misuse of the Products sold.
The SELLER's liability, in any event, is limited to the amount of the Order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the Products. In the event of difficulties in the application of these General Conditions of Sale, the Customer and the SELLER reserve the possibility, before any legal action, to seek an amicable solution.
Failing this, for commercial customers, the Poitiers Commercial Court has sole jurisdiction, regardless of the place of delivery and the method of payment accepted. For non-merchants, exclusive jurisdiction is attributed to the courts within the jurisdiction of the Tribunal de Grande Instance of Poitiers.
The Products offered comply with current French legislation and the standards applicable in France. The SELLER cannot be held liable in the event of delivery abroad, for non-compliance with the legislation of the country where the product is delivered. It is up to the customer to check with local authorities the possibilities of importing or using the Products.
In all cases, the SELLER cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the receiving country. The SELLER's liability is in principle limited to the value of the Product in question determined on the date of its sale.
The customer can contact customer service by telephone or email at the address: contact@hathora-joaillerie.com
The SELLER cannot be held responsible for damages of any nature, whether material, immaterial or bodily, which could result from poor treatment or misuse of the Products sold.
The SELLER's liability, in any event, is limited to the amount of the Order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the Products. In the event of difficulties in the application of these General Conditions of Sale, the Customer and the SELLER reserve the possibility, before any legal action, to seek an amicable solution.
Failing this, for commercial customers, the Poitiers Commercial Court has sole jurisdiction, regardless of the place of delivery and the method of payment accepted. For non-merchants, exclusive jurisdiction is attributed to the courts within the jurisdiction of the Tribunal de Grande Instance of Poitiers.
The Products offered comply with current French legislation and the standards applicable in France. The SELLER cannot be held liable in the event of delivery abroad, for non-compliance with the legislation of the country where the product is delivered. It is up to the customer to check with local authorities the possibilities of importing or using the Products.
In all cases, the SELLER cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the receiving country. The SELLER's liability is in principle limited to the value of the Product in question determined on the date of its sale.
The customer can contact customer service by telephone or email at the address: contact@hathora-joaillerie.com
ARTICLE 11: LEGAL INFORMATION
The provision of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of Orders, the preparation of invoices and warranty contracts. Failure to provide information results in non-validation of the Order.
The provision of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of Orders, the preparation of invoices and warranty contracts. Failure to provide information results in non-validation of the Order.
In accordance with the “Informatique et Libertés” law, the processing of personal information relating to customers has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL).
The Customer has (article 34 of the law of January 6, 1978) a right of access, modification, rectification and deletion of data concerning him. In addition, the SELLER undertakes not to communicate, free of charge or for consideration, the contact details of its customers to a third party.
ARTICLE 12: CERTIFICATE OF AUTHENTICITY
The certificate of authenticity attached to each piece of jewelry purchased on the site www.hathora-joaillerie.com is established by our House and endorsed by our Gemologist. Concerning old jewelry, prices can be revalued over time depending on the prices and fluctuations in the raw material and the scarcity of certain models.
Given the current evolution of scientific investigation techniques, the gems on the jewelry were studied with the usual gemmological equipment of the profession. Authenticated colored stones are likely to have undergone the following usual treatments: heating, oiling and/or fracture filling at the time of their extraction and/or cutting in their country of origin. At the request of the BUYER, the Expert may resort to the assistance of a laboratory to confirm or not his opinion. This approach results in additional costs which will be borne by the applicant.
The denomination of the stones is given according to the standards indicated in decree 2002-65 of January 14, 2002 relating to the trade in gemstones and pearls.
The weight of the stones set on the jewelry and all the characteristics indicated can only be approximate, knowing that they have not been dismantled for weighing and rigorous observation.
The establishment of the certificate of authenticity reflects the results of the expert when drafting it. At any time, a stone can be modified, deteriorated and changed. Therefore, we reserve the right to check the conformity between the jewel sold and the adjacent certificate.
The certificate of authenticity attached to each piece of jewelry purchased on the site www.hathora-joaillerie.com is established by our House and endorsed by our Gemologist. Concerning old jewelry, prices can be revalued over time depending on the prices and fluctuations in the raw material and the scarcity of certain models.
Given the current evolution of scientific investigation techniques, the gems on the jewelry were studied with the usual gemmological equipment of the profession. Authenticated colored stones are likely to have undergone the following usual treatments: heating, oiling and/or fracture filling at the time of their extraction and/or cutting in their country of origin. At the request of the BUYER, the Expert may resort to the assistance of a laboratory to confirm or not his opinion. This approach results in additional costs which will be borne by the applicant.
The denomination of the stones is given according to the standards indicated in decree 2002-65 of January 14, 2002 relating to the trade in gemstones and pearls.
The weight of the stones set on the jewelry and all the characteristics indicated can only be approximate, knowing that they have not been dismantled for weighing and rigorous observation.
The establishment of the certificate of authenticity reflects the results of the expert when drafting it. At any time, a stone can be modified, deteriorated and changed. Therefore, we reserve the right to check the conformity between the jewel sold and the adjacent certificate.
ARTICLE 13: GUARANTEES
For any Order of jewelry on our site, the legal guarantee against hidden defects set by the Consumer Code and the Civil Code applies:
For any Order of jewelry on our site, the legal guarantee against hidden defects set by the Consumer Code and the Civil Code applies:
The legal guarantee of conformity (articles L.217-4 to L.217-14 of the Consumer Code): the professional seller must deliver goods that comply with the contract. Defects in the conformity of new jewelry which appear within 24 months of delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For old or second-hand jewelry, this deadline is set at 6 months.
The legal guarantee against hidden defects (articles 1641 to 1649 of the civil code): the SELLER is bound by the guarantee for hidden defects in the jewelry sold which would make it unfit for use or which would reduce its use. This guarantee covers any purchase of a new or used product for 2 years.
The legal guarantee against hidden defects (articles 1641 to 1649 of the civil code): the SELLER is bound by the guarantee for hidden defects in the jewelry sold which would make it unfit for use or which would reduce its use. This guarantee covers any purchase of a new or used product for 2 years.
ARTICLE 14: MEDIATION
In accordance with the terms of article L. L612-1 of the Consumer Code, the Fédération du Commerce et de la Distribution (FCD) allows any consumer to have recourse to a mediator in the event of a dispute with a professional.
The contact details are as follows:
FEDERATION OF COMMERCE AND DISTRIBUTION COMPANIES
12, RUE EULER 75008 PARIS – TEL. 01 44 43 99 00 – FAX 01 47 20 53 53
The contact details are as follows:
FEDERATION OF COMMERCE AND DISTRIBUTION COMPANIES
12, RUE EULER 75008 PARIS – TEL. 01 44 43 99 00 – FAX 01 47 20 53 53