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GENERAL TERMS AND CONDITIONS OF SALE

We welcome you to the Hinaiti website (the "Site").

These General Terms and Conditions of Sale (hereinafter "GTC"), apply without restriction or reservation to all sales. It is agreed that "You" or "Client" "Buyer" refers to the person browsing the Site and/or ordering Products on the Site; "We" or the "Seller" refers to the company identified in the legal notices above; the Buyer and the Seller will be collectively referred to as the "Parties" and individually referred to as the "Party".

 

Any order of a Product on the Site implies consultation and express acceptance of the GTC by checking the box provided for this purpose during the ordering process.

These GTC apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of other distribution or marketing channels.

The main characteristics of the Products, and in particular the specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website https://hinaiti.com which the customer must read before ordering.

 

The choice and purchase of a product are the sole responsibility of the Client.

 

Product offers are subject to available stock, as specified when placing the order.

 

These GTC are accessible at any time on the website https://hinaiti.com and will prevail over any other document.

 

The Client declares to have read these GTC and accepted them by checking the box provided for this purpose before initiating the online ordering process on the website https://hinaiti.com.

 

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

 

The Seller's contact details are as follows:

SOLEA Professionnel, SARL

Share capital of 10,000 euros

Registered with the RCS of Montpellier, under number 531 765 881

1671 rue de bugarel, 34070, Montpellier

Email : contact@hinaiti.com

Phone : 04 11 93 85 69

Intracommunity VAT number : FR56531765881

Products – Prices

The Products offered for sale on the Site are those featured on the Site on the day the Client consults the Site.

The Client is informed that the photographs and texts illustrating the Products are subject to change.

In the event of a Product being unavailable, you will be informed of this unavailability when selecting the Product. A message will appear indicating that the desired Product is temporarily unavailable.

Exceptionally, information on Product unavailability may only be communicated by email after the Client has validated the order, the Seller has confirmed it, and before delivery.

In the event of unavailability after validation of the order by the Client and confirmation by the Seller, the Client will be informed of the total cancellation of their order.

Prices are indicated in euros (€) and are valid in metropolitan France and Europe. They take into account any reductions as well as the VAT applicable on the day of the order. Any change in the applicable VAT rate will be reflected in the price of the Products.

The prices indicated do not include processing and delivery fees, which will be specified before order validation and charged additionally. They amount per order to the sum indicated in the table below:

The payment requested from the Client corresponds to the total amount of the purchase, including these fees.

 

Order

 

It is up to the Client to select on the website https://hinaiti.com/ the products they wish to order according to the following procedure:

To place an order, the Client must first log in to the Site.

The Client then has the possibility to view the various Products offered for sale on the day of consulting the Site and to choose their Products by (i) browsing the different Product categories or (ii) clicking on one of the pages in the Site map at the bottom of each page, and thus accessing the entire range of Products.

While browsing the Site, a Client wishing to place an order can do so by simply clicking on the button intended to add the Product to the shopping cart.

Once this operation is completed, the Client will see the number of Products in their cart displayed. We draw the Client's attention to the fact that the contents of the cart may be subject to an expiration period.

The Client can then continue their visit or click on their shopping cart to view the contents of their cart on screen, listing all elements of the order, including the essential characteristics of the Products, the total order amount, billing and delivery details, delivery times, costs, and any delivery restrictions.

The Client can review, complete, modify, or cancel this order as long as it has not been definitively validated. If the Client wishes to choose other Product(s), they can continue browsing the Site, and the Product(s) they have just selected will be kept in their shopping cart.

Once the Product selection is complete, the Client can order them by validating the order via the button provided for this purpose. A new page will then open, inviting the Client to either:

 

    • enter his/her identifier (email address) and password if the Buyer is already registered on the Website,
    • accurately complete a personal data collection form by filling in the mandatory fields, in particular Last Name, First Name, Email address, Billing postal address, Delivery postal address (address to which delivery can be made).

The Client undertakes to complete the form provided to him/her in good faith. The Client acknowledges that the data he/she provides to the Seller and which is stored in the Seller's information systems and/or its subcontractors is accurate and serves as proof of his/her identity. It is recalled that this personal data is governed by the Confidentiality Policy.

 

After checking the content of his/her order, the Client is invited to:

    • either click on the button allowing access to the payment of his/her order, under the conditions described in these General Terms and Conditions of Sale;
    • or click on the button allowing him/her to modify his/her cart and/or the information relating to his/her personal details.

By clicking on the button giving access to the payment of the order, the Client must first read these General Terms and Conditions of Sale, and then confirm his/her agreement to all of the General Terms and Conditions of Sale by performing a confirmation action of acceptance of these General Terms and Conditions of Sale required on the Website (for example, by ticking a box).

As soon as the Client confirms his/her acceptance of the General Terms and Conditions of Sale, an Internet page dedicated to the payment of the order opens. Any order is an order with payment obligation, which means that placing an order implies payment by the Client.

The Client must then proceed with the payment of his/her order under the conditions described in these General Terms and Conditions of Sale.

It is specified that by choosing payment by credit card, as provided for in Article 4 below, the Client will then be automatically switched to the payment service provider's electronic banking server. The payment service provider's server is secured by S.S.L. (Secure Socket Layer) encryption in order to protect all data related to payment methods, and that at no time will the Client's banking data pass through the Seller's computer system. Its responsibility is therefore disclaimed.

Once the order has been validated by the Client and payment has been made according to the terms below, a printable and savable summary of the Client's order is displayed, indicating in particular the order references.

The Seller retains ownership of the Product(s) and/or Service(s) ordered until full payment of the price and its accessories, including shipping costs, by the Seller. In the event of a payment incident, the Client undertakes to return the received Products to the Seller, at his/her expense, upon first request.

In order to protect the Seller from abusive practices by fraudsters, and in the event that the Seller or the online payment provider suspects the fraudulent nature of an order, they reserve the right to request from the Client (prior to processing the order) additional documents (in particular proof of identity of the Client) in order to verify the non-fraudulent nature of the order.

In the absence of a response from the Client within fifteen (15) days following the sending of the request by the Seller or the online payment provider, the order will be cancelled and no payment will be collected by the Seller. In the event that payment for the order has already been collected, the Seller will proceed within fourteen (14) days following the expiry of the aforementioned period to refund it, according to the payment method used by the Client.

It is expressly agreed between the Seller and the Client that emails constitute proof between the Parties, as do the automatic recording systems used on the Website, particularly as regards the nature and date of the order.

 

Customer Area – Account

 

In order to place an order; the Client is invited to create an account (personal space).

 

To do this, he/she must register by filling in the form that will be offered to him/her at the time of his/her order and undertakes to provide sincere and accurate information concerning his/her civil status and contact details, in particular his/her email address.

 

The Client is responsible for updating the information provided. It is specified that he/she can modify them by logging into his/her account.

 

To access his/her personal space and order history, the Client must identify himself/herself using his/her username and password which will be communicated to him/her after registration and which are strictly personal. As such, the Client is forbidden from disclosing them. Otherwise, he/she remains solely responsible for their use.

 

The Client may also request unsubscription by going to the dedicated page in his/her personal space or by sending an email to contact@hinaiti.com. This will be effective within a reasonable time.

 

In the event of non-compliance with the general terms and conditions of sale and/or use, the website https://hinaiti.com will have the possibility to suspend or even close a Client's account after a formal notice sent electronically has remained without effect.

 

Any account deletion, whatever the reason, results in the complete deletion of all the Client's personal information.

 

Any event due to a case of force majeure resulting in a malfunction of the website or server, and subject to any interruption or modification in the event of maintenance, does not engage the Seller's liability.

 

The creation of an account implies acceptance of these general terms and conditions of sale.

 

 

Payment conditions

 

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

-        Payment by credit card

 

For payment by credit card, the card is only debited when the order is shipped.

 

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the website https://hinaiti.com.

 

Payments made by the Customer will only be considered final after effective receipt by the Seller of the amounts due.

 

The Seller will not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.

 

Deliveries

Once the order is prepared, it is shipped to the postal address provided by the Customer when placing the order.

Products are delivered by postal services or by a specialized service provider (depending on the case and/or the delivery options selected) (hereinafter the “Carrier”). In the event of the Customer's absence, the Carrier leaves a delivery notice in the Customer's mailbox or by any other appropriate means. The Customer must then contact the Carrier again to arrange a new delivery date. It is nevertheless specified that if the Customer does not contact the Carrier again, the latter will make two new delivery attempts, the date and time of which will be determined at the Carrier's discretion.

The Customer is informed that the package is held by the Carrier for a period of ten (10) days after the first presentation.

Orders are processed within a maximum of three (3) business day(s).

In any event, the order will be executed within a maximum of ten (10) days from the day following the conclusion of the contract, subject to full payment of the price and compliance with the purchase conditions defined in the "Purchase Conditions" article of these T&Cs.

Failure to deliver by the end of this period, the Customer has the option to cancel their order under the conditions provided for in the article "Delivery Delay" below.

In the event of a delivery delay (exceeding the indicated delivery time or, failing that, the maximum delivery time of ten (10) days after order validation), the Customer must, as soon as possible, report this delay to the Seller by email, so that the Seller can initiate an investigation with the Carrier. After the indicative delivery date, for any cause other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L216-2, L216-3 and L241-4 of the Consumer Code.  

 

Deliveries are made by an independent carrier, to the address provided by the Customer for the order and to which the carrier can easily access.

When the Customer has arranged for a carrier of their own choosing, delivery is deemed to have taken place upon the Seller handing over the ordered Products 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 for warranty against the Seller in the event of non-delivery of the transported goods.

 

The Customer is required to check the condition of the delivered products. They have 14 days from delivery to make claims by mail or email to the following address: contact@hinaiti.com, accompanied by all relevant supporting documents (photos in particular). After this period and if these formalities have not been complied with, the Products will be deemed compliant and free from any apparent defect, and no claim will be validly accepted by the Seller.

 

The Seller will refund or replace, as soon as possible and at its own expense, Products delivered whose defects in conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L217-4 et seq. of the Consumer Code and those provided for in these GTC.

 

The transfer of risks of loss and deterioration related thereto will only be realized at the moment the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk, unless the Customer has chosen the carrier themselves. In this respect, the risks are transferred at the moment the goods are handed over to the carrier.

 

Transfer of ownership

 

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.

 

 

Right of withdrawal

The Customer has a right of withdrawal that they can exercise within thirty (30) clear days, without having to give reasons or pay penalties. this withdrawal period expires thirty (30) clear days after the day on which the Customer, or a third party designated by them other than the Carrier, physically takes possession of the Products.

If the Customer has ordered several Products in a single order, or if the delivery of the Products has been made in several parts, the withdrawal period does not begin until the Customer, or a third party designated by them other than the Carrier, physically takes possession of the last Product or the last part of the delivery.

To exercise their right of withdrawal, the Customer must send their decision to withdraw to the Seller by any unambiguous declaration before the expiry of the withdrawal period, including:

 

    • By phone at: 04 11 93 85 69
    • By email: contact@hinaiti.com

Upon receipt of the withdrawal request by the Seller, the Seller acknowledges receipt of this request by sending an email.

For the withdrawal period to be respected, it is sufficient for the Customer to send their communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

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

 

Damaged, soiled or incomplete Products will not be accepted for return.

 

Return shipping costs remain the responsibility of the Customer.

 

Exchange, subject to availability, or refund will be made within 14 days from the Seller's receipt of the Products returned by the Customer under the conditions provided in this article.

 

Seller's responsibility – Warranties

 

The Products supplied by the Seller benefit from:

-        The legal guarantee of conformity, for defective, damaged or non-conforming Products or those not matching the order.

- of the legal guarantee against hidden defects arising from a defect in materials, design or manufacture affecting the products delivered and rendering them unfit for use,

Provisions relating to legal guarantees

Article L. 217-4 of the Consumer Code

The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was carried out under its responsibility or was included in the contract.

Article L. 217-4 of the Consumer Code

The goods are in conformity with the contract:

1° If they are fit for the purpose usually expected of similar goods and, where applicable:

- - correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- - possess the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;

2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L. 217-12 of the Consumer Code

Any action resulting from a lack of conformity must be brought within two years of the delivery of the goods.

Article L. 217-16 of the Consumer Code

When the Customer requests the seller, during the commercial warranty granted to him at the time of acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilisation of at least seven days is added to the remaining warranty period.

This period runs from the Customer's request for intervention or the availability of the goods for repair, if this availability is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the warranty against hidden defects in the sold item that render it unfit for its intended use, or that diminish this use to such an extent that the buyer would not have acquired it, or would have paid a lesser price, had they known about them.

Article 1648 of the Civil Code, paragraph 1

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

Except for express exceptions concerning specific products, the Seller does not grant any commercial warranty within the meaning of Article L. 217-15 of the Consumer Code.

Personal data

The provision of personal information (personal data), marked with an asterisk, and collected as part of distance selling is mandatory, as this information is necessary for the processing and delivery of orders and for the establishment of invoices. This information is strictly confidential and is used only by the Seller, or its subcontractors subject to the same obligations, for the processing of orders placed and in accordance with the Privacy Policy.

The Customer is reminded that they have a right to access, modify, rectify and delete personal data concerning them.

For more information on the processing of your personal data, we invite you to consult our Privacy Policy.

The Site uses cookies. Cookies are computer files stored on the hard drive of the Buyer's computer. For more information on the use of cookies by the Seller on this Site, we invite you to read the Cookie Policy.

The Seller implements organisational, technical, software and physical measures for digital security to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

These General Terms and Conditions of Sale and the order confirmation sent to the Customer form a contractual whole and constitute the entirety of the contractual relations between the Parties.

It is specified that the Customer may save or print these General Terms and Conditions of Sale, provided however that they do not modify them.

The Seller may update these General Terms and Conditions of Sale at any time.

The current General Terms and Conditions of Sale can be consulted at any time under the "General Terms and Conditions of Sale" section accessible via all pages of the Site.

These General Terms and Conditions of Sale and the contractual relations between the Customer and the Seller are governed by French law. In the event of a dispute between the Customer and the Seller, and in the absence of a resolution of the dispute through mediation as provided for in Article 8 above, the dispute will be brought before the competent French courts.

Disputes

For any complaint, please contact customer service at the Seller's postal address or email: 1671 rue de bugarel, 34070, Montpellier or contact@hinaiti.com

The Customer is informed that they can, in any event, resort to conventional mediation, with existing sectoral mediation bodies or any alternative method of dispute resolution (conciliation for example) in the event of a dispute.

The Customer is also informed that they can also use the Online Dispute Resolution platform.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR