General Terms and Conditions of Sale

1. LEGAL NOTICES

 

The website www.headoniste.shop (hereinafter the "Site") is open to all users of the Internet.

It is published by :

Headoniste is a simplified joint stock company with a capital of 1000.00 euros, headquartered at 26 rue de Poitou, 75003 Paris and registered in the Paris Trade and Companies Register under number 887 667 780, VAT number FR 78 887667780.

Director of Publication: Véronique BOUTE

It is hosted by : OVH

The Site allows Headoniste to offer for sale Headoniste products and those of its partners (the "Products") to Internet users browsing the Site (hereinafter the "Customer").

Part of our site operates on a pre-order system. By placing a pre-order, the customer acknowledges that if the pre-order minimums mentioned on each product sheet is not reached at the end of the pre-order deadline, Headoniste reserves the right to either propose an equivalent product in terms of price and quality, or to reimburse the customer for the totality of his purchase, the production of the pre-ordered item will not be launched..As production is limited, if the customer buys a product in stock, he/she acknowledges that he/she cannot change the size after receipt. If the customer wishes to be reimbursed for a pre-ordered or in-stock item and makes a request, the reimbursement procedure will be initiated immediately after receipt of the returned item. Any order or pre-order (hereinafter the "Orders" or "Pre-orders") of Products appearing on the Site implies the prior consultation of these general terms and conditions (the "GTC") and their unreserved and irrevocable acceptance. Consequently, the Customer acknowledges that he/she is fully aware of the fact that his/her agreement to the content of these GTC does not require the handwritten signature of this document, insofar as the Customer wishes to order online the Products presented in the Site's shop. The Customer declares that he/she has the capacity to enter into this contract, i.e. that he/she has reached the legal age of majority, eighteen (18) years, and is not under guardianship. The parties agree that their relations will be exclusively governed by these GTC.

Headoniste reserves the right to adapt or modify at any time the present GTC. It is agreed that in case of modification, the version of the GTC applicable to any Order or Pre-order is the one appearing online on the Site on the day the Order is placed.

These general terms and conditions of sale (hereinafter referred to as "the GTCS") apply to all orders placed on the website www.headoniste.shop (the "site") concerning the purchase of products presented on the site (hereinafter referred to as "the products") by Headoniste, a simplified joint stock company with capital of 1000 euros, whose registered office is located at 26 rue de Poitou, 75003 Paris and registered in the Paris Trade and Companies Register under number 887 667 780, intracommunity VAT number FR 78 887 667 780 (hereinafter referred to as "Headoniste"). La Société Headoniste reserves the right to adapt or modify these terms and conditions of sale at any time. The version of the terms and conditions of sale applicable to any transaction is the one appearing online on the www.headoniste.shop website at the time of the order.

Any order taken for a product appearing in the online shop of the website www.headoniste.shop implies the prior consultation of these general conditions and their unreserved and irrevocable acceptance. Consequently, the consumer acknowledges that he/she is perfectly aware of the fact that his/her agreement concerning the content of the present general conditions of sale does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the context of the site's shop. The consumer declares to have the capacity to conclude the present contract, i.e. to be of legal age, eighteen (18) years, and not to be under guardianship.

2. PRODUCTS

 

In accordance with Article L. 111-1 of the Consumer Code, Headoniste presents the Products for sale and their characteristics on the Site. The Customer has the possibility of knowing, before the final order is taken, the essential characteristics of the Products he wishes to buy.

The offers in stock presented by the Headoniste company are valid only within the limits of available stocks.

The pre-order offers presented by the Headoniste company are only valid within the limit of the time available and the quantity proposed for pre-order.

The photos representing the Products are for information purposes only. These photos, as well as the texts illustrating the Products, are not part of the contractual field.

3. PRICE

 

The prices indicated on the Site are in Euros, including VAT, and are only valid on the date the Order is validated by the Client. Headoniste reserves the right to modify them, without prior notice, at any time, it being understood that the Products will be invoiced on the basis of the prices in force at the time the Order or the Pre-order is registered.

Prices do not include delivery charges, which are invoiced in addition and indicated before the Order or Pre-order is confirmed. The prices take into account the VAT applicable on the day of the Order or Pre-order and any change in the applicable VAT rate will automatically be reflected in the price of the Products listed on the Site. Payment of the full price must be made at the time of the Order or Pre-order. At no time may the sums paid be considered as a deposit or advance payment. These prices are guaranteed subject to typographical or printing errors.

The price of Products shipped outside the European Union and French Overseas Departments and Territories shall be calculated exclusive of tax. In this case, the Customer is considered to be the importer of the Products. If customs duties, import taxes or other taxes are payable due to the geographical destination of the Products, these costs shall be borne by the Customer, who is advised to carry out the necessary checks and procedures prior to validating the Order.

4. PAYMENT

 

The Products are payable in euros on the date of the actual Order. To pay for the Sales Order, the Client may use only one method of payment. The following one: Credit card.

For payment by credit card, the Customer shall communicate the number of his/her bank card, together with its expiry date and the digits of the cryptogram shown on the back of his/her bank card. In order to ensure the security of payments made online, the Customer has access to a dedicated space provided by Stripe, which ensures the security and recording of the payment order and the security of the payment itself. In this respect, the Customer expressly acknowledges that the communication of his/her bank card number to Headoniste via Stripe is equivalent to authorising the debiting of his/her account for the Products ordered.

Cards accepted are : Visa, Mastercard, American Express, Discover, Diners Club, JCB.

Regardless of the payment method used, Headoniste will bear the occasional bank charges incurred by the payment, within the limit of the management fees charged by Stripe. All payments are made via Stripe. Any other fee, whatever the reason, will be charged to the Customer.

Headoniste reserves the right to suspend or cancel any Order or Pre-order and any delivery in the event of refusal to authorise payment by credit card by officially accredited organisations or in the event of non-payment. Headoniste reserves the right to refuse to make a delivery or to honour an Order or Pre-order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.

The goods delivered remain the property of Headoniste until payment is received. The transfer of risks to the Customer takes place upon delivery of the Products.

The computerized registers, kept in the computer systems of the Headoniste company in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The filing of the purchase orders and invoices is carried out on a reliable and durable support which can be produced as proof.

5. ORDERING AND PRE-ORDERING

 

Any Order or Pre-order will be confirmed when the Customer clicks on the "Place my order" button.

Confirmation of the Order or Pre-order implies the Customer's acceptance of the GTCS and the essential characteristics of the Products.

As soon as the Order or Pre-order is registered, a confirmation email summarising the Order (products, price, product availability, quantity, etc.) will be sent to the Customer by Headoniste. To this end, the Customer formally accepts the use of electronic mail for the confirmation by Headoniste of the content of his/her order. In any case, the invoices are given at the time of delivery.

In the case of a Pre-order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of Article 1590 of the Civil Code.

If the Product is in stock, the Order shall be executed at the latest within 7 days from the day following the day on which the Customer placed the Order. In the event that the Product ordered is unavailable, in particular due to suppliers, the Customer shall be informed as soon as possible and shall have the option of cancelling the Order. Only customers in France and Europe will then have the option of requesting an exchange of the Product within fifteen (15) days of receipt or a refund.

The refund will be made at the latest within fourteen (14) days of the cancellation of the Order.

Headoniste cannot be held responsible for the permanent or temporary unavailability of the service, nor can it give rise to any right to compensation or damages in favour of the Client.

Headoniste reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order.

6. DELIVERY

 

6.1 Place of delivery

Delivery shall be made to the delivery address indicated by the Customer, it being specified that this must be the Customer's home address or that of any other natural person of his/her choice, if this is clearly specified at the time of the Order or Pre-order. Delivery shall not be made to hotels or post office boxes.

When registering the personal details of the Customer, the latter must ensure the accuracy and completeness of the compulsory data he provides. In case of error in the wording of the recipient's details, Headoniste cannot be held responsible for the impossibility of delivering the Product(s).

6.2 Delivery times

Delivery times are indicated at the time of the Order. These are indicative times, expressed in working days and correspond to the average processing and delivery times.

The Customer acknowledges that, in the case of a pre-order, the delivery time will be extended. The estimated delivery time is shown on the product sheet at the time of purchase, and in the order confirmation email. The delivery time depends on the time required and the production volume of all the pre-ordered products.

Headoniste cannot be held responsible for the consequences due to a delay in delivery that is not of its making or due to an act of force majeure.

6.3 Receipt of Products

Delivery is deemed to have taken place as soon as the Products are handed over to the Customer by the carrier, as evidenced by the control system used by the carrier.

Upon receipt of the Products, the Customer must check the condition of the packaging and report any damage to the carrier on the delivery slip, as well as to Headoniste, within three (3) days by sending an email to contact@headoniste.shop or by sending an email on the contact form on our website.

The Customer may, at his request, have an invoice sent to the billing address and not to the delivery address.

The delivery costs are to be paid by the customer in France and in the world. The return costs will be paid by Headoniste in case of withdrawal or in case of return for lack of conformity, except when the delivery address is not located in France. We take care of the return shipping costs if necessary in France but they are at the charge of our international Customers, except in the case of non-conformity of a product, in which case we take care of the return shipping costs.

7. LEGAL GUARANTEE

 

Headoniste is liable for any lack of conformity at the time of delivery of the Product in accordance with articles L. 217-4 and following of the French Consumer Code.

When acting under the legal guarantee of conformity, the Customer :

- – has a period of two years from the delivery of the Product to act

- may choose between repairing or replacing the good; in accordance with article L. 211-19 of the Consumer Code, Headoniste cannot however proceed according to the Customer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the good or the importance of the defect. It is then obliged to proceed, unless this is impossible, according to the method not chosen by the Customer.

- is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.

This legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code, which render it unfit for the use for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would have given a lower price for it, if he had known about them. In this case, the buyer may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

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

8. RIGHT OF WITHDRAWAL

 

Pursuant to Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days to return the goods. (14) days days from the date of delivery of the Order to exercise their right to withdraw from the Order.

Only French and European customers will be able to exercise this right of withdrawal.

Under no circumstances may a customer outside France and the European Union make use of this right.

This period shall run from the date of receipt of the Products by the Customer.

The Customer must enclose a copy of the invoice or any other element enabling the Order in question and its holder to be identified with his request for withdrawal.

Only the Customer identified as such to Headoniste may exercise this right, to the exclusion of any other person, and in particular the person receiving the delivery (for example in the case of a gift).

9. RETURN AND REFUND POLICY

 

Any exchange or return must be declared by the Customer to Headoniste, via the contact form on the Site. The printed retraction forms are either deposited in each parcel delivered to the Customer, or available online or receivable by mail on request.  

The Products must be returned by the Customer at the latest within fourteen (14) days following the communication of his decision to withdraw.

The Product must be returned by the Customer in its original packaging or any equivalent packaging and in perfect condition (allowing remarketing, not having been worn or washed), to request an exchange, refund or credit note without penalty.

If the package is lost or damaged during the return of the product, the cost of the damage is at the expense of the Customer.

In case of damage to the product packaging, the customer may be charged a fee.

The Products which would not be returned within the time limits and conditions mentioned above will not be refunded nor exchanged by Headoniste except specific commercial agreement.

The return address is :

HEADONIST
26 rue de Poitou

75003 Paris

In accordance with Article L. 221-24 of the French Commercial Code, Headoniste undertakes to reimburse the sums collected for the Order or Pre-order within fourteen (14) days. This period shall run from the first of the following two dates: (i) the receipt by Headoniste of the returned Products or (ii) the receipt by Headoniste of the proof of shipment of the Products by the Customer. 

The refund will be made by crediting the Customer's bank account corresponding to the bank card used to pay for the Order or Pre-Order. If you have changed your bank account, remember to give your new bank details to your old bank.

10. APPLICABLE LAW 

 

The present general conditions are subject to French law. In the event of a dispute or claim, the Customer should first contact Headoniste to obtain an amicable solution.

The Customer is informed that any consumer may have recourse free of charge to a consumer mediator for the amicable resolution of a dispute with a professional. Consumer mediation applies to any national or cross-border dispute between a consumer and a professional in the context of the performance of a contract of sale or provision of services.

You can either contact a consumer ombudsman from the list on the consumer mediation website (click here) or fill in the automated complaint form to contact a dispute resolution body (click here).

The request cannot be accepted by the Consumer Ombudsman if :

1° The Customer does not justify having tried, beforehand, to resolve his dispute directly with the Headoniste company by a written complaint according to the methods provided for;

2° The request is manifestly unfounded or abusive;

3° The dispute has been previously examined or is being examined by another mediator or by a court;

4° The consumer has made his request to the mediator within a period of more than one year from his written complaint to Headoniste;

5° The dispute does not fall within its jurisdiction.

The consumer is informed by the mediator, within three weeks of receipt of his or her file, of the rejection of his or her request for mediation. 

In the absence of mediation, the courts of the jurisdiction of the company's registered office shall have jurisdiction.

any applicable law) to cancel, suspend or modify such pools, and not to issue new pools to affected customers.

Headoninste reserves the right, whenever necessary, to take all reasonable steps to protect itself from fraud or the exchange of invalid prize pools, including, but not limited to, further verification of a customer's identity, age, or other particulars.

If you participate in this referral program, you will be deemed to have accepted, and be bound by, these terms and conditions.

The organiser: Six et Sept, 10 rue Thérèse, 75001 Paris.

11. INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

 

In order to provide the services offered on the Site, Headoniste may need to process personal data about you, in particular those collected when you register on the site or place an order.

The information and data concerning the Customer are strictly necessary for the management of orders, the execution and follow-up of commercial relations, as well as for internal statistical purposes. This data may be transmitted to companies involved in these relations (such as those responsible for the execution of services and orders) for their management, execution, processing and payment. This data is also kept for the purposes of security, identification, improvement and personalisation of services.

The Customer has the right to access, rectify and oppose any personal data concerning him/her at any time, in accordance with the conditions set out in the law of 6 January 1978. To do so, he/she simply needs to send an e-mail to the address contact@headoniste.shop and the necessary steps will be taken immediately.

The Customer is likely to receive, on behalf of Headoniste, offers relating to products or services similar to those or that which has already been ordered, or newsletters. He will have at any time the option to oppose without charge for the future, according to the terms specified in each mailing.

Please see our Privacy Policy for more information on how Headoniste uses your personal information.