General conditions for the sale of goods to individuals on the internet
Article 1 - Entirety
These general conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are available on the website https://www.maisonhandy.com and will prevail, where applicable, over any other version or any other contradictory document.
The seller and buyer agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are posted online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector for which companies are headquartered in France.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the websitehttps://www.maisonhandy.com
These conditions concern purchases made by buyers located in France and delivered to mainland France and to all countries.
Buyers located outside of France must inquire about import duties and taxes applicable to their purchases. They will be solely responsible for declaring and paying these duties and taxes. Regardless of the country in which the buyer is located, payment will be made in euros, unless the buyer chooses to pay in another currency or via PayPal under the terms and conditions set out below in Article 9.
These purchases concern the following products: ready-to-wear, shoes, accessories.
The buyer declares to have read and accepted these general terms and conditions of sale before making an immediate purchase or placing an order. In this regard, they are binding on him in accordance with the terms of Article 1119 of the Civil Code.
Article 3 - Pre-contractual information
3.1 The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general conditions of sale and all the information listed in article L. 221-5 of the consumer code.
3.2 The following information is transmitted to the buyer in a clear and comprehensible manner:
- the essential characteristics of the good or service;
- the price of the good or service;
- if applicable, all additional transport, delivery or postage costs and all other possible costs.
- in the absence of immediate execution of the contract, the date or period by which the service provider undertakes to deliver the goods or perform the service, whatever its price;
- information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementing the guarantees and other contractual conditions.
3.3 The seller provides the buyer with the following information:
- its name or corporate name, namely HANDY, a limited liability company with capital of €1,100,000, whose registered office is located at 4 rue de la Pomme - 31 000 Toulouse, identified under RCS number 334 991 056, SIRET number 334 991 056 00030 and whose intra-community VAT number is FR 243 349 910 56,
- the geographical address of its establishment is 25 rue de Metz 31000 TOULOUSE
- the activity is carried out under the HANDY brand
- his telephone number 33(0)5.61.29.89.70 and his email address: serviceclient@maisonhandy.com;
- the terms of payment, delivery and execution of the contract, as well as the terms provided by the professional for the processing of complaints;
- in the event of a sale, the existence and terms of exercise of the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and after-sales service respectively referred to in Articles L. 217-21 and L. 217-25 of the Consumer Code.
3.4 The seller indicates, with regard to digital content: any relevant interoperability of this content with certain hardware or software of which the professional is or should reasonably be aware.
Article 4 - The order
The buyer has the option of placing his order online, from the online catalog and using the form provided there, for any product, within the limits of available stocks.
In the event of unavailability of an ordered product, the buyer will be informed and will be reimbursed within thirty (30) days.
To confirm the order, the buyer must accept these terms and conditions by clicking on the appropriate button. The buyer must also select the delivery address and method, and finally confirm the payment method.
The sale will be considered final:
- after sending to the buyer confirmation of acceptance of the order by the seller;
- and after receipt by the seller of the full price.
Automatic order recording systems constituting proof of the conclusion of the sales contract.
An order confirmation will be sent to the buyer within a maximum of one (1) hour by email to the address provided when ordering. This confirmation will contain the essential details of the order, the seller will keep a copy.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be subject to a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address, or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
The cancellation of the order for this Product and its possible reimbursement will then be carried out, the remainder of the order remaining firm and definitive.
For any questions regarding order tracking, the buyer must call +33(0)5.61.29.89.70 from 10 a.m. to 7 p.m. Monday to Saturday for the cost of a local call, or by email at: serviceclient@maisonhandy.com
Article 5 - Description of the ordering process
5.1 Prior creation of an account by the customer:
Placing an order on the site requires the customer to complete a form on the site and to validate these general conditions of sale.
When creating their order, the customer is invited and agrees to provide accurate and truthful information about their situation.
He will have to update his data with each new order.
If the customer fails to provide a valid email address and a valid telephone number, orders cannot be fulfilled by the seller.
The seller reserves the right to refuse or subsequently invalidate the registration of a customer whose information turns out to be inaccurate or if the customer lacks the legal capacity to place an order.
The creation of an account by the customer implies the latter's choice of a confidential password to access his account in order to place orders on the site.
This password is personal and confidential.
However, it can be modified online from the customer's account.
Any access to the customer's account using his password is deemed to have been made by the customer.
The seller cannot in any event be held responsible for fraudulent or abnormal use of the customer's password and/or account, the seller reserving the right to temporarily suspend access to the customer account in the event that such use is noted.
The seller also reserves the right to use the customer password exclusively for the technical maintenance of the site.
The seller guarantees in its conditions the permanent maintenance of the confidentiality of the customer's password.
5.2 Order process itself
Contractual information, as well as order details, are the subject of a detailed summary before final validation of the order.
The validation click executed at the end of the ordering process for products on the site formalizes the confirmation of the order and constitutes irrevocable acceptance of these general conditions of sale.
The validation click constitutes definitive consent to contract with HANDY, for the selected products subject to the exercise of the right of withdrawal reserved for the customer as referred to in article 16 hereof.
After confirming their order on the website, the customer will receive an email confirming the seller's order acceptance, including the order details. It is therefore imperative that customers be particularly vigilant when providing their email address.
This email will constitute HANDY's acceptance of the order and will thus form the sales contract between the customer and HANDY.
This acceptance will contain all the constituent elements of the order placed by the customer (products, price, time, place of delivery, payment terms, method and shipping costs).
5.3 Electronic signature
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement to:
- due date of the sums due under the purchase order,
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact +33(0)5.61.29.89.70 from 10 a.m. to 7 p.m. Monday to Saturday for the cost of a local call, or by email to the address: serciceclient@maisonhandy.com .
Article 6 - Order confirmation
The seller sends the customer a summary email of their order as referred to in article 5.
Article 7 - Proof of the transaction
The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 - Product Information
The products governed by these general conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
Product photographs are not contractually binding.
Product colors are represented as accurately as possible, however, variations in computer monitor displays may result in differences in the perception of actual colors.
The buyer can obtain additional information by email at serviceclient@maisonhandy.com or by telephone at +335 61 29 86 79 or +336 46 26 85 01.
Article 9 - Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date.
Prices are quoted in euros. They do not include delivery charges, which are charged extra and are indicated before the order is confirmed. Prices include the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment in full must be made at the time of ordering, with the exception of what is stated below regarding payment in installments. At no time may the amounts paid be considered as a deposit or down payment.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products.
Buyers located outside of France should inquire about import duties and taxes applicable to their purchases. They will be solely responsible for declaring and paying these duties and taxes. Regardless of the buyer's country of residence, payment will be made in euros, unless the buyer chooses to pay in another currency or via PayPal under the terms and conditions set out in this article.
The price is payable in full, by credit card (VISA and MASTERCARD) or via Paypal.
For orders between 50 and 5,000 euros, payment can be made in 3 or 4 installments free of charge by credit card via the FLOA platform.
Article 10 - Method of payment
This is an order with payment obligation, which means that placing the order implies payment by the buyer.
To pay for his order, the buyer has the choice of all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.
As part of the order verification process to ensure that no one is using another person's bank details without their knowledge, the buyer may be asked to fax or email the seller a copy of an identity document and proof of address. The order will then only be validated after the seller has received and verified the documents sent.
Payment of the price is made in cash when ordering, by VISA and MASTERCARD network bank card.
When paying by bank card, the card is only debited when the order is shipped.
For any order via the site https://www.maisonhandy.com the customer confirms and guarantees to the company HANDY operating under the name HANDY, that he is the holder of the bank card and that the latter gives access to sufficient funds to cover all costs necessary for the payment of the order.
Payment upon order by the customer is irrevocable without prejudice to the customer exercising his right of withdrawal or subsequent cancellation of the order.
Payments made by the buyer will only be considered final after actual collection of the sums due by the seller.
Article 11 - Availability of products - Resolution
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website's homepage, shipping times will be, subject to available stocks, as indicated below. Shipping times run from the order registration date indicated in the order confirmation email.
For deliveries in Metropolitan France, the seller undertakes to send the order within 48 hours of confirmation of the latter and at the latest 30 days after the latter.
In the event of non-compliance with the agreed delivery date or time, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period.
In the absence of performance at the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or document informing him of this termination, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract if the dates or deadlines referred to above constitute an essential condition of the contract for him.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
The seller may defer reimbursement until the goods are recovered.
In the event that the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then be reimbursed within 30 days.
Article 12 - Delivery
12-1 Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by the seller's banking institution.
The products ordered are delivered according to the following terms:
- Delivery of the items takes place after registration of payment of the order at the address indicated by the customer (home or workplace),
- Delivery of the ordered items takes place at the latest on the delivery date announced in the order confirmation and at the latest 30 days after this,
- The customer can choose between the following two delivery methods:
o Delivery by Chronopost's Chrono 18 service for express deliveries in Metropolitan France. This service guarantees delivery the day after dispatch (excluding Sundays and public holidays).
Real-time tracking of the package is available online at https://www.chonopost.fr at the current rate.
Packages will be delivered against signature to ensure complete traceability.
Optional insurance can be purchased for valuable shipments, and specific collection and delivery services are available.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox and offer a new delivery or appointment. After a second absence, the package will be dropped off at a Chronopost collection point or post office, where it will be available for collection during the specified timeframe.
Please note that any order with a total amount exceeding €250 will benefit from free delivery, provided by our transport provider DHL.
o Delivery to store: 25 rue de Metz – 31000 TOULOUSE.
You will receive a text or phone call notification when your order is ready for pickup. ID will be required for pickup. You will not be able to try on items in-store upon pickup.
No deliveries are made to campsites, hotels, poste restante and PO boxes. Products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the original packaging is damaged, torn, or open upon delivery, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery slip, damaged package, broken products, etc.).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s) and send a copy of this letter by email to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller under the conditions set out below.
12.2 Delivery rates
For any order reaching a minimum amount of €250 in mainland France, shipping costs are free.
For orders under €250 in Metropolitan France, the prices are those charged and in force byChronopostand depend on the destination and weight of the packages.
12.3 Delivery times
The ordered products will be delivered within the following timeframes:
- In Metropolitan France: within 24 hours of dispatch;
- In Europe: within a maximum of 72 hours following dispatch.
The seller cannot be held responsible for delivery delays. In the event of a delay or loss of the package, the buyer must notify the seller within 3 days of delivery.
With the exception of products with a specific mention on the product sheet (such as a pre-order, orders not shipped within 30 days will be cancelled and the buyer refunded within 30 days.
Article 13 – Return - reimbursement - Credits
13.1. Return
Before any return, the buyer must submit a request for a refund, credit note, or exchange to the seller by email at the following address: serviceclient@maisonhandy.com, within 14 days of delivery. Any claim made outside this timeframe will not be accepted.
The seller will provide the buyer with a return number and instructions for returning the item. The buyer must follow the instructions provided.
All returns must be made by the buyer by registered mail.
As the return costs are the responsibility of the seller, the buyer must then use the return label provided by the seller to make the return.
Any return made by the buyer without having first made a request stated above and/or not accompanied by the return number and a copy of the purchase invoice, or the return of products not in accordance with the stipulations below, will be refused and the products returned to the buyer at his expense.
Returns should be sent to the following address:
HANDY – Returns Service – 25 rue de Metz 31000 TOULOUSE - FRANCE
Each product comes with a security label. Removing this security label will make any return impossible.
Only items returned in their original condition, complete, unworn, unwashed and accompanied by their original packaging (HANDY packaging, shoe box, plastic packaging, labels, security label, spare part, etc.) will be accepted. If a HANDY packaging is missing, the seller reserves the right to invoice the buyer for the sum of 15 euros.
Worn, washed, damaged or soiled products, as well as damaged boxes, will be refused and returned to the buyer at their expense.
13.2. Reimbursement
The price of the returned product(s) will be refunded by the seller to the buyer within 30 days of receipt of the product by the seller.
The refund will be made using the same payment method used when ordering and to the initial billing address.
The initial delivery costs will not be refunded by the seller.
13.3. Assets
Products returned under the conditions mentioned herein may give rise to a credit note.
Credits are valid for a period of 6 months on the HANDY website as well as in HANDY stores.
The credit will be issued in the form of a personal code to be entered when finalizing the order in which the buyer wishes to use it.
In the event that one or more products purchased with a credit note are returned, the balance will be credited in the form of a new personal code, sent to the buyer by email and valid for a future purchase.
13.4. Exchanges
An exchange for another size can be requested by the buyer to the seller by email at the following address: serviceclient@maisonhandy.com, within 14 days of delivery. The seller will then have the option to accept or refuse such an exchange and will notify the buyer of its decision within 14 days of the request.
In the event that the exchange is accepted by the seller, the products will be returned by the buyer within 8 days of notification of acceptance and under the conditions set out in article 13.1 return, above. The exchanged products will be delivered to the buyer under the conditions of article 12 above.
Article 14 - Delivery errors
The buyer must notify the seller on the day of delivery or at the latest on the first working day following delivery of any claim for delivery errors and/or non-conformity of the products in nature or quality with the information given on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the buyer's choice:
- telephone number: +33(0)5.61.29.86.79 or +33(0)6.46.26.85.01
- email address: serviceclient@maisonhandy.com
Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the buyer.
In the event of a delivery error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, to the following address: 25 rue de Metz 31000 TOULOUSE.
Only items returned in their original condition, complete, unworn, unwashed and accompanied by their original packaging (HANDY packaging, shoe box, plastic packaging, labels, security label, spare part, etc.) will be accepted. If a HANDY packaging is missing, the seller reserves the right to invoice the buyer for the sum of 2 euros.
Worn, washed, damaged or soiled products, as well as damaged boxes, will be refused and returned to the buyer at their expense.
Article 15 - Transfer of risks
The transfer of ownership and the risks of loss and deterioration relating thereto will only take place after full payment of the price by the buyer, regardless of the delivery date.
The product will remain the property of the seller until full payment of the price by the buyer.
Article 16 - Product warranty - Provisions relating to legal guarantees - Provisions relating to hidden defects
16.1 Legal guarantee of conformity and guarantee of hidden defects
HANDY guarantees the conformity of the goods to the contract, allowing the customer to make a request under the legal guarantee of conformity provided for in articles L 217-3 et seq. of the Consumer Code or the guarantee of defects in the thing sold within the meaning of article 1641 et seq. of the Civil Code.
16.2 Disclaimer of Warranty
The products are not covered by any conventional warranty, product defects caused by abnormal or incorrect use or resulting from a cause external to the intrinsic quality of the products are not covered.
Article 17 - Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty,except for return costs which remain the responsibility of the buyer.
However, the products must be returned in their original packaging and in perfect condition within 14 days of notifying the seller of the buyer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, security label, etc.) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
The right of withdrawal can be requested by email to the following address:serviceclient@maisonhandy.com.
In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased will be refunded, excluding delivery costs.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.
Article 18 - Force majeure
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the parties' obligations and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
Article 19 - Intellectual property
The content of the websitewww.maisonhandy.com(technical documents, drawings, photographs, etc.) remains the property of the seller, the sole holder of intellectual property rights to this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
Any reproduction, in whole or in part, of the sitewww.maisonhandy.comis strictly prohibited.
Any person wishing to create a link to the site mentioned above must obtain prior written authorization from HANDY.
HANDY reserves the right to request the immediate removal of any link, even if previously authorized, at its sole discretion, without any compensation being requested.
HENDY cannot be held responsible for the content of external sites to which hypertext links are inserted on the site.www.maisonhandy.comcould redirect.
The use of techniques such as framing or in-line linking to create hypertext links to the HANDY site is strictly prohibited.
Certain products, including software, are subject to specific terms of use governing copying, public distribution, and rental. The customer is required to comply with the general terms and conditions of sale associated with these products. HANDY cannot be held responsible for any uses that may result from them.
Article 20 - Data Protection and Freedoms
The personal data provided by the buyer are necessary for processing the order and issuing invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
Processing of information communicated via the websitehttps://www.maisonhandy.com has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification, and opposition with regard to information concerning him/her. This right can be exercised by sending a request by post or email to the following address: serviceclient@maisonhandy.com, indicating the name, first name, address, and customer reference.
Article 21 - Protection of personal data
21.1 Collection of personal data
The personal data collected on this site (or “Platform”) are as follows:
21.1.1 Opening an account
When creating the user account, their first name, last name, email address, delivery address and date of birth.
21.1.2 Connexion
When the user connects to the Platform, the latter records, in particular, their surname, first name, connection data, usage data, location data and payment data.
21.1.3 Profile
The use of the services provided on the Platform allows you to complete a profile, which may include an address and a telephone number.
21.1.4 Payment
As part of the payment for products and services offered on the Platform, the Platform records financial data relating to the user's bank account or credit card.
21.1.5 Communication
When the Platform is used to communicate with other members, data concerning the user's communications are subject to temporary storage.
21.1.6 Cookies
Cookies are used as part of the use of the site. The user has the option to disable cookies from their browser settings.
Some pages of the site may contain web beacons to track the number of visitors and analyze the effectiveness of our site. These beacons are used in partnership with certain partners for purely statistical and anonymous purposes.
21.2 Use of personal data
The personal data collected from customers is intended to provide the Platform's products, improve them, and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the Platform by the customer;
- management of the operation and optimization of the Platform;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the customer;
- offering the customer the possibility of communicating with other users of the Platform;
- implementation of customer support;
- management of any disputes with customers;
- sending commercial and advertising information, based on customer preferences.
21.3 Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the customer uses the payment services, for the implementation of these services, the Platform is in contact with third-party banking and financial companies with which it has entered into contracts;
- when the customer publishes, in the free comment areas of the Platform, information accessible to the public;
- when the customer authorizes a third party website to access his data;
- when the Platform uses the services of service providers to provide customer support, advertising and payment services. These service providers have limited access to customer data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the Platform may carry out the transmission of data to respond to claims made against the Platform and to comply with administrative and judicial procedures;
- if the Platform is involved in a merger, acquisition, sale of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, customers would be informed before personal data is transferred to a third party
21.4 Transfer of personal data
Due to the organization of the company responsible for the Platform, within an international group, the user authorizes the Platform to transfer, store and process their information in the United States. The laws in force in this country may differ from the laws applicable in the user's place of residence, within the European Union. By using the Platform, the user consents to the transfer of their personal data to the United States.
The Platform remains responsible for personal data that is shared with third parties under the Privacy Shield.
The Platform complies with the Privacy Shield Framework, a framework established by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred to the United States from the European Union. The Platform has declared to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. In the event of a conflict between the terms of this clause and the Privacy Shield Principles, the Privacy Shield Principles shall govern.
21.5 Security and Confidentiality
The Platform implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Platform cannot guarantee the security of the transmission or storage of information over the Internet.
21.6 Implementation of customer rights
In accordance with the regulations applicable to personal data, users have the following rights:
- they can update or delete data concerning them by logging into their account and configuring the settings of this account;
- they can delete their account by writing to the following email address: serviceclient@maisonhandy.com . Please note that information shared with other users, such as forum posts, may remain publicly visible on the Platform even after their account is deleted;
- they can exercise their right of access, to know the personal data concerning them, by writing to the following email address: serviceclient@maisonhandy.com .In this case, before implementing this right, the Platform may request proof of the user's identity in order to verify its accuracy;
- if the personal data held by the Platform is inaccurate, they can request that the information be updated by writing to the following email address: serviceclient@maisonhandy.com ;
- users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address:serviceclient@maisonhandy.com .
21.7 Evolution of this clause
The Platform reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the Platform undertakes to publish the new version on its website. The Platform will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.
Article 22 - Partial non-validation
If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 23 - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 24 - Title
In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses and any of the clauses, the headings shall be declared non-existent.
Article 25 - Language of the contract
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authoritative in the event of a dispute.
Article 26 - Mediation
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 27 - Loi applicable
These general terms and conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution. If no amicable solution is found, only the French courts will have jurisdiction to hear disputes relating to the interpretation or execution of these terms and conditions.
ANNEX 1 - Provisions relating to legal guarantees
Article L 217-3 of the Consumer Code:
The seller delivers goods that comply with the contract and the criteria set out in the articleL. 217-5.
It is responsible for defects of conformity existing at the time of delivery of the goods within the meaning of articleL. 216-1, which appear within two years of this.
In the case of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for any lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;
2° Where the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller shall be liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is supplied under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of ArticleL. 217-19.
The seller is also liable, during the same time limits, for defects in conformity resulting from the packaging, the assembly instructions, or the installation when this has been made his responsibility by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to theArticles 2224 and following of the Civil CodeThe starting point for the limitation period for the consumer's action is the day on which the latter becomes aware of the lack of conformity.
Article L 217-4 of the Consumer Code
The property complies with the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract.
Article L 217-5 of the Consumer Code
I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:
1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19 ;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.
II.-However, the seller is not bound by any public statements mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately able to know them;
2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; or
3° That the public statements could not have had an influence on the purchasing decision.
III.-The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he was specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when concluding the contract.
Article L 217-6 of the Consumer Code
When, during the contract, personal data is processed by the professional, a failure on his part to fulfil his obligations under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, where this failure results in non-compliance with one or more of the compliance criteria set out in this section, is deemed to be a lack of conformity, without prejudice to other remedies provided for by these texts.
Article L 217-7 of the Consumer Code
Any lack of conformity which appears within twenty-four months of delivery of the goods, including goods containing digital elements, shall, unless proven otherwise, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed.
For used goods, this period is set at twelve months.
Where the contract for the sale of a good containing digital elements provides for the continuous supply of digital content or a digital service, any defects of conformity which appear are presumed to exist at the time of delivery of the good:
1° For a period of two years from the delivery of the goods, when the contract provides for this supply for a period of less than or equal to two years or when the contract does not determine the duration of supply;
2° During the period during which the digital content or digital service is provided under the contract, when the contract provides for this provision for a period exceeding two years.
Article L 217-8 of the Consumer Code
In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or termination of the contract, under the conditions set out in this subsection.
The consumer also has the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled the obligations incumbent upon him under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the award of damages.
Article L 217-9 of the Consumer Code
The consumer is entitled to demand that the goods comply with the criteria set out in subsection 1 of this section.
The consumer requests that the seller bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.
Article L 217-10 of the Consumer Code
The goods shall be brought into conformity within a reasonable period of time which may not exceed thirty days following the consumer's request and without major inconvenience to the consumer, taking into account the nature of the goods and the use sought by the consumer.
The repair or replacement of non-compliant goods includes, where applicable, the removal and return of the goods and the installation of the repaired or replacement goods by the seller.
A decree specifies the terms and conditions for bringing the goods into conformity.
Article L 217-11 of the Consumer Code
The conformity of the good takes place at no cost to the consumer.
The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement.
Article L 217-12 of the Consumer Code
The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, in particular with regard to:
1° Of the value that the property would have in the absence of a lack of conformity;
2° The significance of the lack of conformity; and
3° The possible possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.
When these conditions are not met, the consumer may, after formal notice, pursue specific enforcement of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.
Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity must be justified in writing or on a durable medium.
Article L 217-13 of the Consumer Code
Any item repaired under the legal guarantee of conformity benefits from a six-month extension of this guarantee.
If the consumer chooses to have the repair carried out but the seller does not carry it out, the replacement of the goods will result in a new period of legal guarantee of conformity for the consumer, which is attached to the replaced goods. This provision applies from the day the replacement goods are delivered to the consumer.
Article L 217-14 of the Consumer Code
The consumer has the right to a reduction in the price of the goods or to terminate the contract in the following cases:
1° When the professional refuses any compliance;
2° When compliance occurs after a period of thirty days following the consumer's request or if it causes him major inconvenience;
3° If the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the installation of the repaired or replacement good or the costs relating thereto;
4° When the non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand.
The consumer is not entitled to cancel the sale if the lack of conformity is minor, which is the seller's responsibility to demonstrate. This paragraph does not apply to contracts in which the consumer fails to pay a price.
Article L 217-15 of the Consumer Code
In the cases provided for in ArticleL. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the good.
The reduction in price is proportional to the difference between the value of the goods delivered and the value of these goods in the absence of the lack of conformity.
Article L 217-16 of the Consumer Code
In the cases provided for in ArticleL. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter's expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract.
If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the goods which conform.
For the contracts mentioned in II of the articleL. 217-1, providing for the sale of goods and, as an accessory, the provision of services not covered by this chapter, the consumer has the right to terminate the entire contract. Furthermore, in the case of a bundled offer within the meaning of ArticleL. 224-42-2, the consumer has the right to terminate all contracts relating thereto.
The respective obligations of the parties to the contract, referred to in ArticleL. 224-25-22and relating to the consequences of the resolution for digital content and digital services, are applicable to the resolution of the contract of sale of a good containing digital elements.
Article L 217-17 of the Consumer Code
Reimbursement to the consumer of the sums owed by the seller under this subsection is made upon receipt of the goods or proof of their return by the consumer and at the latest within the following fourteen days.
The seller reimburses these sums using the same means of payment as that used by the consumer when concluding the contract, unless expressly agreed by the latter and in any event without additional costs.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in Article 1642-1 , the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.
APPENDIX 2 - Withdrawal form
Article 1 - Right of withdrawal
You have the right to withdraw from this contract without giving any reason within 14 days.
The withdrawal period expires 14 days after the day,
where you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
Where, in the event of a multiple order, you, or a third party other than the carrier and designated by you, takes physical possession of the last good.
To exercise the right of withdrawal, you must notify us at HANDY 25 rue de Metz 31000 TOULOUSE or serviceclient@maisonhandy.com , your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or email). You can use the model withdrawal form but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Article 2 - Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, with the exception of delivery costs (including supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise; in any event, this reimbursement will not incur any fees for you.
We may withhold reimbursement until we have received the goods back or until you have provided evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us or to the address sent to you by email, without undue delay and, in any event, no later than 14 days after you have communicated to us your decision to withdraw from this contract.
This deadline is deemed to have been met if you return the goods before the expiry of the 14-day period.
You will be responsible for the direct cost of returning the item.
You will have to bear the direct costs of returning the goods by post or by a specialist carrier given the special or bulky nature of the goods.
To the attention of:
HANDY
To the address that will be indicated to you on the acknowledgment of receipt of your withdrawal.
Email address: serviceclient@maisonhandy.com
I hereby notify you,
my withdrawal from the contract ................................................................................................................. (indicate the product(s)) below:
Ordered on: .................................................... (complete)
Received on: ................................................................ (complete)
Customer name: ..................................................................... (to be completed)
Customer address: .................................................................... (to be completed)
A ......................... The: ...................
Customer signature
(only if this form is notified on paper)
relating to