Terms and Conditions

TERMS AND CONDITIONS OF SALE

ARTICLE 1 - SCOPE OF APPLICATION

These Terms and Conditions of Sale (hereinafter "Terms") apply without restriction or reservation to all sales concluded by the Vendor with non-professional purchasers ("Customers" or "Customer"), wishing to acquire the products offered for sale ("Products") by the Vendor on the website www.humahomeparis.com. The Products offered for sale on the site are as follows:

"Home textiles", "furniture", "decorative accessories", "lighting", "gift cards".

The main characteristics of the Products, particularly specifications, illustrations and dimensional or capacity indications of the Products, are presented on the website www.humahomeparis.com, which the Customer is required to review before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are subject to available stock, as specified when placing the order.

These Terms are accessible at all times on the website www.humahomeparis.com and shall prevail over any other document.

The Customer declares having read these Terms and having accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website www.humahomeparis.com. Unless proven otherwise, data recorded in the Vendor's computer system constitutes evidence of all transactions concluded with the Customer.

The Vendor's contact details are as follows:

HÙMA, SAS Share capital of €5,000

Registered with the CRÉTEIL RCS

under number 831376041

46 bis avenue Parmentier

Email: contact@humahomeparis.com

Telephone: 0661090152 EU

VAT Number: FR 18 831376041

The Products presented on the website www.humahomeparis.com are offered for sale to the following territories: Europe, North America, South America, Asia, Africa, Oceania. In case of an order to a country other than metropolitan France, the Customer is the importer of the relevant Product(s). For all Products shipped outside the European Union and French overseas territories, the price will be automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be applicable. These shall be borne by and are the sole responsibility of the Customer.

ARTICLE 2 - PRICES

Products are supplied at the rates in force shown on the website www.humahomeparis.com when the order is recorded by the Vendor. Prices are expressed in Euros, excluding and including VAT. The rates take into account any discounts that may be granted by the Vendor on the website www.humahomeparis.com.

These rates are firm and non-revisable during their validity period, but the Vendor reserves the right, outside the validity period, to modify prices at any time. Prices do not include processing, shipping, transport and delivery costs, which are charged additionally, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees. An invoice is issued by the Vendor and delivered to the Customer upon delivery of the ordered Products.

ARTICLE 3 - ORDERS

It is the Customer's responsibility to select the products they wish to order on the website www.humahomeparis.com, according to the following procedures:

The Customer chooses a Product which they add to their cart, a Product which they may remove or modify before validating their order and accepting these terms and conditions of sale. They will then enter their contact details for account creation or log into their account and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the prescribed terms. Product offers are valid as long as they are visible on the site, subject to available stock. The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any error.

Any order placed on the website www.humahomeparis.com constitutes the formation of a distance contract between the Customer and the Vendor. The Vendor reserves the right to cancel or refuse any order from a Customer with whom there would be a dispute relating to payment of a previous order. The Customer will be able to track the progress of their order on the site.

3.1 Customer Account

To place an order, the Customer is invited to create an account (personal space). To do so, they must register by completing the form that will be offered to them at the time of their order and undertakes to provide sincere and accurate information concerning their civil status and contact details, particularly their email address. The Customer is responsible for updating the information provided. They are informed that they can modify it by logging into their account.

To access their personal space and order history, the Customer must identify themselves using their username and password which will be communicated to them after registration and which are strictly personal. As such, the Customer is prohibited from disclosing them.

Otherwise, they will remain solely responsible for the use made of them. The Customer may also request deregistration by going to the dedicated page on their personal space or by sending an email to: contact@humahomeparis.com. This will be effective within a reasonable time.

In case of non-compliance with the terms and conditions of sale and/or use, the website www.humahomeparis.com will have the possibility to suspend or even close a customer's account after formal notice sent electronically and remaining without effect.

Any account deletion, whatever the reason, results in the pure and simple deletion of all Customer personal information. Any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the Vendor's liability.

Account creation entails acceptance of these terms and conditions of sale.

3.2 Gift Cards and Promotional Offers

Gift cards can be used for all Products sold on the website www.humahomeparis.com. Gift cards are not refundable and cannot be exchanged for money. Gift cards cannot be replaced in case of loss or theft. In case of return of a product purchased with a gift card, the refund will be made on a new gift card which will be credited with the corresponding amount. Promotional discount codes cannot be used in conjunction with other offers and already reduced items.

Only one promotional offer can be used per order. Promotional discounts are limited to one use per customer, unless otherwise indicated. The customer reserves the right to modify, withdraw or terminate any promotion without notice from our website.

3.3 Products from Other Suppliers

HÙMA company does not provide warranty extension for products from other suppliers. The customer must rely on the supplier's warranty.

ARTICLE 4 - PAYMENT CONDITIONS

The price is paid by secure payment, according to the following methods:

Payment by bank card: credit, debit or PayPal
Payment by bank transfer to the Vendor's bank account (details of which are communicated to the Customer when placing the order)
Payments by check are not accepted.

The price is payable in cash by the Customer, in full on the day the order is placed. However, the Customer may, when this possibility is indicated on the website www.humahomeparis.com, pay according to the installment plan conditions (3 or 4 equal installments) offered by Paypal company.

In this case, in case of late payment and payment of sums due by the Customer beyond the mentioned deadlines, and after the payment date shown on the invoice sent to them, late payment penalties calculated at the applicable legal rate on the VAT-inclusive amount of the acquisition price shown on said invoice, will be automatically and rightfully acquired by the Vendor, without any formality or prior formal notice. Late payment will result in the immediate enforceability of all sums due by the Customer, without prejudice to any other action that the Vendor would be entitled to take against the Customer. Furthermore, the Vendor reserves the right, in case of non-compliance with the payment conditions set out above, to suspend or cancel delivery of current orders placed by the Customer. Payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider involved in banking transactions carried out on the website www.humahomeparis.com.

Payments made by the Customer will only be considered final after actual collection by the Vendor of the sums due. The Vendor will not be required to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions indicated above.

ARTICLE 5 - CANCELLATION BY THE VENDOR

The Vendor reserves the right to cancel the contract with the Customer if:

There is insufficient stock to deliver the merchandise that the customer has ordered
The Vendor is unable to deliver to the Customer's geographical area
One or more of the ordered items were listed at the wrong price, this arising either from a typographical error or an error in the price information communicated to us by the supplier

If an order is cancelled by the Vendor, the Customer will be informed by email and their account will be credited with any amount that has been deducted as soon as possible and at the latest within 30 days following the order.

The vendor will not be required to offer additional compensation for consequential loss or disappointment suffered.

ARTICLE 6 - DELIVERIES

6.1 Delivery Zone

Products ordered by the Customer will be delivered to metropolitan France or to the following zones: Europe, North America, South America, Africa, Asia, Oceania.

6.2 Delivery Times

Deliveries occur within variable timeframes depending on the chosen delivery method and geographical location, to the address indicated by the Customer when ordering on the site. Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, ordered Products will be delivered in a single shipment. The Vendor undertakes to make their best efforts to deliver the products ordered by the Customer within the timeframes specified when ordering.

6.3 Delivery Delay

If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any cause other than force majeure or the Customer's fault, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The amounts paid by the Customer will then be refunded at the latest within fourteen days following the date of contract termination, excluding any compensation or retention.

6.4 Carrier Proposed by the Vendor to the Customer

Deliveries are provided by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access. The vendor undertakes to deliver the ordered products to the delivery address indicated on the order. If the order could not be delivered and is returned due to an incorrect address entered when placing the order on the site, or because the package was not collected after being deposited at a relay point (please note that packages are kept by relay points for a minimum of 5 working days), the return costs charged to us by the transport company will be charged to you:

If you want a refund of your order, the original shipping costs and return costs will be deducted from your refund
If you want us to ship your order again, the return costs will be payable, as well as new shipping costs at the standard rate
If the order was paid by PayPal, it will be delivered to the address registered on the Customer's PayPal account

In case of error or modification, the Vendor does not have the possibility to modify the address due to PayPal's security policy.

6.5 Carrier Chosen by the Customer for Return to the Vendor

When the Customer has arranged to use a carrier of their own choosing, delivery is deemed completed upon delivery of the ordered Products by the Vendor to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to effect delivery and has no recourse in guarantee against the Vendor in case of failure to deliver the transported goods.

6.6 Carrier Proposed by the Vendor to the Customer at Relay Point

The Vendor also offers free delivery to one of the partner relay stores accessible via the link on our delivery page. The location of partner relay points is specified on the site according to the place of residence.

6.7 Special Transport Conditions

In case of special request from the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Vendor, the related costs will be subject to additional specific billing, based on a quote previously accepted in writing by the Customer.

6.8 Order Verification

The Customer is required to verify the condition of delivered products. They have a period of 14 days from delivery to make complaints by mail to the company's address or withdrawal form, accompanied by all relevant supporting documents (photos in particular). After this period and failing to have complied with these formalities, the Products will be deemed compliant and free from any apparent defect and no complaint can be validly accepted by the Vendor. The Vendor will refund or replace as soon as possible and at their expense, the delivered Products whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided for in these Terms.

The transfer of risks of loss and deterioration relating thereto will only be realized when the Customer physically takes possession of the Products. Products therefore travel at the Vendor's risk and peril except when the Customer has chosen the carrier themselves. In this respect, risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 7 - TRANSFER OF OWNERSHIP

The transfer of ownership of Products from the Vendor to the Customer will only be realized after complete payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 8 - RIGHT OF WITHDRAWAL

According to the terms of article L221-18 of the Consumer Code: "The consumer has a period of fourteen days to exercise their right of withdrawal from a distance contract, following telephone solicitation or off-premises, without having to justify their decision or bear costs other than those provided for in articles L. 221-23 to L. 221-25. The period mentioned in the first paragraph runs from the day:

Of the conclusion of the contract, for service contracts and those mentioned in article L. 221-4;
Of receipt of the goods by the consumer or a third party, other than the carrier, designated by them, for contracts for the sale of goods.

For contracts concluded off-premises, the consumer may exercise their right of withdrawal from the conclusion of the contract. In the case of an order for several goods delivered separately or in the case of an order for goods composed of lots or multiple pieces whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or the last piece.

The right of withdrawal may be exercised online, using the attached withdrawal form and also available on the site or any other unambiguous declaration expressing the wish to withdraw and notably by postal mail addressed to the Vendor at the postal or email coordinates indicated in ARTICLE 1 of the Terms.

ARTICLE 9 - RETURNS

Returns must be made in their original condition and complete (packaging, accessories, instructions...) allowing their remarketing in new condition, accompanied by the purchase invoice.

Return costs remain at the Customer's expense.

Damaged, used or incomplete Products are not accepted.

If a Product has been damaged, either during its return to the vendor by the customer, or in the customer's possession, the vendor reserves the right to deduct the amount of the damage repair cost from the refund of this Product. The refund will be made within 14 days from receipt by the Vendor of the Products returned by the Customer under the conditions provided for in this article by transfer, bank card or purchase voucher.

For all international returns: The Customer must clearly indicate the mention 'Returned Goods' on the outside of the Product packaging to avoid import duties. Otherwise, any import duty incurred by the vendor will be deducted from the refund.

ARTICLE 10 - VENDOR LIABILITY - WARRANTIES

Products supplied by the Vendor benefit from:

Legal warranty of conformity, for defective, damaged or damaged Products or not corresponding to the order
Legal warranty against hidden defects arising from a defect in material, design or manufacturing affecting the delivered products and making them unfit for use

Provisions relating to legal warranties

Article L217-4 of the Consumer Code: "The seller is required to deliver goods that conform to the contract and is liable for conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from packaging, assembly instructions or installation when this has been their responsibility under the contract or was carried out under their responsibility."

Article L217-5 of the Consumer Code: "The good conforms to the contract:

1° If it is suitable for the use habitually expected of a similar good and, where applicable:

if it corresponds to the description given by the seller and has the qualities that they presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect with regard to public declarations made by the seller, by the producer or by their representative, particularly in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's knowledge and which the latter accepted."

Article L217-12 of the Consumer Code:

"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."

Article 1641 of the Civil Code:

"The seller is liable for warranty due to hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lesser price, if they had known them."

Article 1648 paragraph 1 of the Civil Code:

"The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect."

Article L217-16 of the Consumer Code:

"When the buyer asks the seller, during the course of the commercial warranty granted to them upon acquisition or repair of movable property, for restoration covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the goods in question, if this provision is subsequent to the request for intervention."

To assert their rights, the Customer must inform the Vendor, in writing (email or mail), of the non-conformity of Products or the existence of hidden defects from their discovery.

The Vendor will refund, replace or have repaired Products or parts under warranty deemed non-compliant or defective. Shipping costs will be refunded based on the charged rate and return costs will be refunded upon presentation of supporting documents.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be carried out as soon as possible and at the latest within 15 days following the Vendor's finding of the conformity defect or hidden defect, if the package has not been used or damaged. This refund may be made by transfer or bank check. The Vendor's liability cannot be engaged in the following cases:

Non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify
In case of misuse, negligence or lack of maintenance by the Customer, as in case of normal wear of the Product, accident or force majeure
Photographs and graphics presented on the site are not contractual and cannot engage the Vendor's liability

The Vendor's warranty is, in any case, limited to the replacement or refund of non-compliant products or those affected by a defect.

ARTICLE 11 - PERSONAL DATA

The Customer is informed that the collection of their personal data is necessary for the sale of Products by the Vendor as well as their transmission to third parties for the purpose of delivering Products. This personal data is collected solely for the execution of the sales contract.

11.1 Collection of Personal Data

The personal data that is collected on the website www.humahomeparis.com is as follows:

Account Opening When creating the Customer/user account: Names, first names, postal address, telephone number and email address.

Payment In the context of payment for Products offered on the website www.humahomeparis.com, it records financial data relating to the Customer/user's bank account or credit card.

11.1 - Recipients of Personal Data

Personal data is reserved for the exclusive use of the Vendor and their employees. The vendor does not keep credit card data in their archives.

If the customer chooses to save their payment data on the site, the vendor uses a trusted third party who keeps them on their behalf for this sole purpose. The Vendor is not able to access the complete card data.

11.2 - Data Controller

The data controller is the Vendor, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.

11.3 - Processing Limitation

Unless the Customer expresses their express agreement, their personal data is not used for advertising or marketing purposes.

11.4 - Data Retention Period

The Vendor will keep the data thus collected for a period of 5 years, covering the time of prescription of applicable contractual civil liability.

11.5 - Security and Confidentiality

11.5.1 Privacy Policy:

The Vendor implements organizational, technical, software and physical measures regarding digital security to protect personal data against alteration, destruction and unauthorized access.

The Vendor ensures that the customer can purchase products on the Website www.humahomeparis.com in complete confidentiality. Communication with the Vendor's payment service is secured using 256-bit SSL (Secure Socket Layer) technology if supported by your browser. The customer's payment data is encrypted for better security. To ensure the confidentiality of the Customer's payment data, the pages are secured during validation and are indicated by an address change from http:// to https:// in the Address/Location bar and by a padlock in the status bar at the bottom right of your browser. The Customer must verify that these characteristics appear to ensure that the page is secure during payment.

However, it should be remembered that the Internet is not a completely secure environment and the Vendor cannot guarantee the security of transmission or storage of information on the Internet.

11.5.2 Privacy Policy for the Use of Paypal:

"In order to offer you Paypal payment options, we may need to transmit to Paypal your personal data including your contact details and order details, so that Paypal can assess whether you meet the required conditions and adapt them to your needs. Your transferred personal data will be processed in accordance with Paypal's privacy policy."

11.6 - Implementation of Customer and User Rights

In application of regulations applicable to personal data, Customers and users of the website www.humahomeparis.com have the following rights:

They can update or delete data concerning them as follows: by connecting to their personal space
They can delete their account by writing to the electronic address indicated in article 9.3 "Data Controller"
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data Controller"
If the personal data held by the Vendor is inaccurate, they can request the updating of information by writing to the address indicated in article 9.3 "Data Controller"
They can request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in article 9.3 "Data Controller"
They can also request the portability of data held by the Vendor to another provider
Finally, they can object to the processing of their data by the Vendor

These rights, provided they do not oppose the purpose of processing, may be exercised by addressing a request by mail or email to the Data Controller whose contact details are indicated above.

The data controller must provide a response within a maximum period of one month. In case of refusal to grant the Customer's request, this must be justified. The Customer is informed that in case of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority.

The Customer may be invited to check a box under which they agree to receive informational and advertising emails from the Vendor. They will always have the possibility to withdraw their consent at any time by contacting the Vendor (contact details above).

ARTICLE 12 - INTELLECTUAL PROPERTY

The content of the website www.humahomeparis.com is the property of the Vendor and their partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

ARTICLE 13 - APPLICABLE LAW - LANGUAGE

These Terms and the operations resulting from them are governed and subject to French law. These Terms are written in French. In the case where they would be translated into one or more foreign languages, only the French text would be binding in case of dispute.

ARTICLE 14 - DISPUTES

For any complaint, please contact customer service at the Vendor's postal or email address indicated in ARTICLE 1 of these Terms. The Customer is informed that they may in any case resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.

In this case, the designated mediator is: https://webgate.ec.europa.eu/odr/

All disputes to which purchase and sale operations concluded in application of these Terms and which have not been subject to an amicable settlement between the vendor or by mediation, will be submitted to the competent courts under common law conditions.

Terms and Conditions of Sale dated December 15, 2021.

Withdrawal form below:

Model withdrawal form (to be completed and returned only if you wish to withdraw from the contract).

To the attention of Hùma Home Paris:

I hereby notify you of my withdrawal from the contract concerning the sale of the following goods:

Ordered on …………… / received on ……………

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

For more information, visit: www.humahomeparis.com

Formulaire rétractation HUMA HOME PARIS.