The present Terms & Conditions define the rights and obligations of HOMIGALLI and the Customer in regards to the products presented by HOMIGALLI on its site www.homigalli.fr (hereinafter referred to as "the Website").
They apply exclusively between the company HOMIGALLI, 10 rue de Lorraine, 21121 Fontaine-lès-Dijon, Siret: 828 231 837 00018 (hereinafter referred to as "HOMIGALLI") and any individual consumer visiting or making a purchase via the company Website (hereinafter referred to as "the Customer").
On the Website, HOMIGALLI allows the Customer to order products of the HOMIGALLI brand (hereinafter referred to as "the Product(s)") according to these Terms & Conditions.
Any order placed via the Website therefore entails the unconditional acceptance by the Customer of these conditions. They can be subjected to modifications and updates; The applicable conditions are those in effect on the day of the order by the Customer.
The Products offered by HOMIGALLI comply with the standards applicable in France.
The Products on sale are presented on the Website of HOMIGALLI and accompanied by a description.
The Products offered for sale on the HOMIGALLI Site are presented and described on the HOMIGALLI website with the greatest possible accuracy.
They are offered within the limit of available stocks.
Elements such as photographs, texts, graphics and all the information and features illustrating and / or accompanying the Products are not contractual, which the Customer acknowledges.
Consequently, HOMIGALLI can not be held liable for any error or omission of any of these elements or in case of modification of said elements by the suppliers and / or publishers.
The Client declares to be at least 18 years old and have the legal capacity or to have a parental authorization enabling him to place an order on the Website.
The Client undertakes to communicate to HOMIGALLI the real and necessary information required for the performance of the intended service of the present conditions as requested online and according to their situation, including his name, surname, address, telephone and e-mail address.
In the event of an error in the contact details of the Customer, HOMIGALLI can not be held responsible for the impossibility of delivering the product.
Once the order has been placed, HOMIGALLI sends the Customer an e-mail confirming the order. It then informs him of the dispatch of the Products.
All orders will be validated only after acceptance of payment.
HOMIGALLI reserves the right to cancel or refuse an order in case of dispute with the Customer on a previous order.
HOMIGALLI can accept orders within the limit of available stocks. It informs the Customer of the availability of Products sold on the Website at the time of the order confirmation.
If, despite the vigilance of HOMIGALLI, products are unavailable, HOMIGALLI will inform the Customer by e-mail as soon as possible. The Customer may then cancel the order and claim reimbursement, if applicable, the amount already paid.
The permanent or temporary unavailability does not in any way engage the responsibility of HOMIGALLI, nor does it imply any right to compensation or damages in favor of the Customer.
The prices displayed on the Website are indicated in Euros including French taxes (French VAT and any other applicable taxes), excluding shipping costs.
The shipping costs will be indicated in the basket of the Customer, before the final confirmation of the order.
HOMIGALLI reserves the right to modify the prices at any time, without notice and in particular in the event of a change of fiscal or economic data. Items will be billed based on the rates in effect at the time of registration of the order.
Any order placed on the Website and delivered outside France may be subject to any taxes and customs duties that are imposed for these destinations. These customs duties and taxes related to the delivery of an article are the responsibility of the Customer and are the responsibility of the Customer. HOMIGALLI is not obliged to verify and inform the Customer of the applicable customs duties and taxes. By ordering on the Website, the customer is considered the official importer, he is obliged to respect the laws and regulations of the country where he will receive the goods.
HOMIGALLI delivers its Products within France and to all countries of the European Union and can deliver on request to any country worldwide.
The delivery is made to the delivery address provided by the Customer, it being specified that this must be the address of residence of the Client, a natural person of his choice or a legal person (delivery to his company). Delivery can not be made to hotels or PO boxes.
In case of a damaged parcel (already open, missing products ...), the Customer shall notify the carrier and HOMIGALLI, by any means, under all reserve within three (3) days of receipt of the product.
Orders are shipped on average within three (3) days.
The delivery times indicated on the Website are target dates, corresponding to the average processing and delivery times. In order to comply with these deadlines, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as: street number, building, staircase, access codes , Names and/or intercom numbers, etc.). HOMIGALLI can not be held responsible for the consequences due to a delay of routing that is not of its fact.
HOMIGALLI undertakes to inform the Customer of the evolution of the order processing.
The full payment must be made when placing the order. At no time may the sums paid be considered as deposits or down payments. The Customer can pay his or her order by credit card, with his Paypal account or by bank transfer in accordance with the provisions of this article, subject to the acceptance of the bank transfer bank card by the banking establishment whose dedicated platform manages this type of payment .
For any transaction, the Customer will indicate the number on the front of his or her card, the expiry date of his card and the cryptogram on the back of his card (last three digits).
The communication by the Customer of his or her bank card number authorizes HOMIGALLI to debit his or her account by the amount of the order.
HOMIGALLI retains ownership of the item until full payment by the Customer. Purchases are made in a secure manner. Payment solutions adopted by HOMIGALLI are 100% secure. For credit card payments, all information that Customers communicate to HOMIGALLI is strictly protected and guarantees the compliance and securing of each transaction.
Within fifteen (15) days from receipt of the order, the Customer may request from HOMIGALLI the return or exchange of the Product(s).
To do this, the Customer must first request a return by using the CONTACT page.
If the request for return or exchange is validated by HOMIGALLI, the shipping costs for the return or the exchange of the articles are the responsibility of the Customer.
The product(s) must be returned in their original packaging, original condition, new, unworn, unwashed, accompanied by the return form, to the following address: HOMIGALLI - 35 rue Imbert Colomès - 69001 Lyon - France
The Product returned will be exchanged or refunded within a maximum period of fifteen (15) days from receipt by HOMIGALLI, by a credit of the amount to be refunded to the Customer's bank account.
If HOMIGALLI has delivered a product damaged or different from the ordered item, the return costs are the responsibility of HOMIGALLI.
Upon non-compliance by the Customer with the present conditions, in particular the conditions of return or exchange, HOMIGALLI will not proceed to the refund of the Products concerned.
HOMIGALLI has only an obligation of means for all stages of access to the site, from the ordering process to the dispatch of the parcel or the subsequent services. The responsibility of HOMIGALLI can not be engaged for any inconveniences or damage arising from the use of the Internet, such as a break of service, external intrusion or the presence of computer viruses, or any act qualified as force majeure, in accordance with the law and jurisprudence.
In no event shall the Customer be authorized to download or modify all or part of the Website and in particular its contents (listed products, descriptions, images, videos ...).
This Website or any part of this Website shall in no circumstances be reproduced, copied, sold or exploited for commercial purposes without the express written permission of HOMIGALLI.
In general, all copyrights, trademarks and other distinctive signs and proprietary or intellectual property rights appearing on the Website will remain the full and entire property of HOMIGALLI.
The Client is therefore bound to respect the intellectual property rights and will not be able to use the trademarks appearing on the Website and the Products as the case may be, or to register a trademark that would prejudice the rights of the owner, unless otherwise stipulated in the contract.
The same applies to any other intellectual property right.
All the texts, images, comments, illustrations reproduced on the Website www.homigalli.com are reserved under the title of the copyright as well as intellectual property and for the whole world.
As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of the intellectual property code is permitted.
The reproduction or representation, in whole or in part, of the pages, data and any other element constituting the site www.homigalli.com, by any process or support whatsoever, is prohibited and constitutes without authorization of the publisher a counterfeiting.
HOMIGALLI undertakes to use the confidential information of the Clients only in the context of the exploitation of its Website.
For the orderly processing of the order, the personal data collected will be the subject of a computer processing, the Customer acknowledges to have knowledge of it.
As such, the information may be communicated to HOMIGALLI technical service providers.
In addition, HOMIGALLI may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by plotting the number of visitors on certain pages.
In accordance with the law of 6 January 1978 amended by the Act of 6 August 2004, the Customer has the right to access and rectify the personal data concerning him contained in the files of HOMIGALLI. All requests must be sent by e-mail to: email@example.com or by post to the following address: HOMIGALLI, 35 rue Imbert Colomès 69001 Lyon, FRANCE.
This computer processing has been declared to the Commission Nationale Informatique et Libertés (CNIL, the French National Commission for Information Technology and Liberties) which issued the receipt No. 2062441 v 0 on 10 May 2017.
12.1. Non partial validity of clause
If any of the stipulations of these conditions are declared invalid or unenforceable by a competent court, it will be declared unwritten and will not invalidate the other stipulations.
These terms and conditions can be modified at any time and without notice by HOMIGALLI, with the applicable conditions being those in effect at the date of the order by the Customer.
These general conditions of sale are permanently accessible to this address, in a digital format allowing them to be printed and / or downloaded, so that the Customer may reproduce or save them at any time.
12.3. Applicable law - Jurisdiction
These general conditions are subject to French law as regards the substantive rules as well as the rules of form. Any dispute shall be the subject of a prior attempt to reach an amicable settlement.
In the absence of an amicable settlement, juridiction is given to the competent French courts, notwithstanding multiple defendants or introduction of third parties.
12.4. : Reproduction of the applicable texts (2005-136 order of 17 February 2005, Code of Consumption, Civil Code)
Art. L. 211-4. Of the Consumer Code
The seller must deliver goods in conformity with the contract and is liable for any defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, the assembly instructions or the installation when this was put in his or her charge by the contract or was carried out under his or her responsibility.
Art. L. 211-5. of the Consumer Code
- To comply with the contract, the good must:
1. Be suitable for the purpose typically expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities which he has presented to the Client in the form of a sample or a model;
- present the features that a Client may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the features defined by mutual agreement by the parties or be suitable for any special requirement of the Customer, brought to the knowledge of the seller and which the latter has accepted.
Art. L. 211-12. Of the Consumer Code
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the property.
Art. 1641 of the Civil Code
The seller must garantee in respect of hidden defects of the thing sold which render it unfit for the use for which it is intended, or that decrease this use that the Customer would not have acquired or would have paid a lower price if he had known.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be instituted by the purchaser within two (2) years from the discovery of the defect.
For further information, please contact HOMIGALLI at the following e-mail address: firstname.lastname@example.org or via the contact form.