General terms and conditions of sale
Article 1: Legal information
The www.hbf-products.com website is published by HBF, a Société par Actions Simplifiée Unipersonnelle with share capital of €5,000, registered in the Lyon Trade and Companies Register under number 949 735 369 and with its registered office at 4 Allée Robert Perrier 69260 Charbonnières-Les-Bains.
Intracommunity VAT number: FR93 949 735 369.
Telephone number 07 83 71 31 33.
Director of publication: Abdoulaye THIOMBANE
Contact :
Site hosted by : O2SWITCH
O2SWITCH
SAS with capital of €100,000
RCS CLERMONT-FERRAND 510 909 807 00032
Code APE 6311Z
VAT N° : FR 35 510 909 807
Registered office: Chemin des Pardiaux - 63000 CLERMONT FERRAND - FRANCE
The Site has been created by Webocrea.
Article 2: Account creation and scope of application
2.1. Create an account
To place an order, customers must have an active account. An account can be created online at any time, from the "Become a member" tab. When creating an account, the customer accepts all of the General Terms and Conditions of Sale by ticking the appropriate box.
The customer acknowledges that he/she is acting in the context of his/her particular needs, to the exclusion of any professional activity.
The customer undertakes to provide accurate information regarding their identity, address and other data required for access, and to update any changes to this information. Customers are solely responsible for maintaining the confidentiality of their access codes.
2.2. Scope of application
These General Terms and Conditions of Sale apply to all orders placed via the www.hbf-products.com website, as well as to all orders received by fax, post or telephone, regardless of any other clauses that may appear in the customer's documents.
In the event of a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the company has its registered office shall apply.
Article 3 : HBF ORDERS
If one or more products are unavailable after the order has been validated, HBF undertakes to inform the customer by e-mail as soon as possible. In agreement with the customer, HBF may modify the order, or reimburse the unavailable product(s) by crediting the payment card used to place the order.
3.1. Orders
HBF undertakes to accept orders placed via the Internet under the terms of these General Terms and Conditions of Sale and within the limits of available stocks. In the event of a stock shortage, we will inform you of the lead times required to obtain the desired product or we will offer you a replacement product. HBF will honour each order by making one or more deliveries of the products ordered.
By validating the order, the customer declares that he/she has read and accepts these General Terms and Conditions of Sale in their entirety.
All orders will only be considered once payment has been received and will be confirmed by HBF by e-mail.
HBF reserves the right to cancel all orders which do not comply with the terms of the contract or which are doubtful, as well as those from a customer with whom there is any dispute. HBF reserves the right to refuse any order for legitimate reasons and more particularly if the quantities ordered are abnormally high in relation to the quantities usually ordered by customers in their capacity as consumers.
The HBF website offers its customers a "satisfied or your money back" guarantee. If the products do not meet the customer's expectations, the customer can be reimbursed. To do this, the customer must first contact customer services to inform them of the reasons for dissatisfaction.
Article 4 : Prices
The prices shown are in euros and include all taxes (applicable VAT, excise duty and any other applicable taxes). The prices shown are net and exclude postage and delivery charges. These delivery costs vary according to the number of products ordered.
Article 5 : Offer Validity
HBF cannot be held responsible for any shortage of stock resulting in a delay in the delivery of the order.
If one or more products are unavailable after the order has been validated, HBF undertakes to inform the customer by e-mail as soon as possible. In agreement with the customer, HBF may modify the order, or reimburse the unavailable product(s) by crediting the payment card used to place the order.
Article 6 : Delivery
Deliveries outside France will be subject to a specific quotation.
Except in special cases explicitly specified, the delivery time for orders delivered in France is 10 working days after receipt of payment. Non-working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These times are indicated in the order confirmation received by e-mail by the customer.
Delivery times may be extended during the month of December due to the large volume of shipments generated by the festive season.
The order is delivered to the delivery address chosen by the customer.
It is the customer's responsibility to check their parcels carefully on delivery and to notify the carrier immediately of any reservations they may have. In the event of failure to deliver the order and in the absence of a response or indication from the customer within a period of 6 months enabling re-delivery or reimbursement to be organised, the order will be considered to remain the property of Vignobles-chirat.com without further formality.
If a parcel is damaged in transit and no immediate complaint is made to the deliverer, we will not be able to provide a refund or exchange.
In the event of goods being returned due to delivery failure, the cost of delivery and return will be deducted from the refund of the order.
Article 7 : Withdrawal
Pursuant to the provisions of article L.221-18 of the French Consumer Code, the customer has a period of fourteen clear days from delivery of the order to return the item delivered for credit or reimbursement, at the customer's discretion, without penalty except for the cost of returning the item.
The procedure is as follows
Customers shall notify their decision to withdraw using the form provided or by contacting our customer service department (see the Contacts page for contact details) or by means of an unambiguous statement specifying their contact details and enabling the products to be identified to the customer service department - in particular the number of the order concerned and the references of the products they wish to return.
The customer shall return the product(s) concerned to HBF - 4 Allée Robert Perrier 69260 Charbonnières-Les-Bains, within a reasonable period of time and, at the latest, within 14 calendar days following communication of the customer's decision to withdraw.
Products must be returned in their original condition, complete and in the same packaging as they were sent in, accompanied by proof of purchase or a copy of the invoice(s).
HBF undertakes to reimburse the customer within a maximum of fourteen days of notification of withdrawal and subject to the return of the products. The cost of returning the product remains at the customer's expense.
Article 8 : Payment
Payment for products purchased from HBF is due in full when the order is placed.
Payments are made by credit card (secure online payment by E-Transactions of CREDIT-AGRICOLE).
Article 9 : Reservation Of Ownership
In accordance with the law of 1st May 1980, the products delivered to the customer are sold under reservation of ownership. The transfer of ownership is subject to full payment of the price of the products by the customer on the due date agreed between the parties.
In the event of non-payment of the total price of the goods on the agreed due date, HBF may claim ownership of the products at the customer's expense and risk.
Article 10 : Personal data
Membership of the hbf-products.com website requires the customer to provide a certain amount of personal data. The information that must be provided is marked with an asterisk. The processing of this information has been declared to the CNIL under number: 1172475.
This data, which is necessary for processing the order and managing hbf-products.com's commercial relations with its customers, is secure, kept confidential and is not used for commercial purposes by third parties.
The processing of personal data is governed by Law No. 78-17 of 6 January 1978 on data processing, data files and individual liberties and, from 25 May 2018, by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (RGPD).
Right of access (Article 15 RGPD), rectification (Article 16 RGPD), updating and completeness of your data (find out more)
Right to block or erase your personal data (Article 17 GDPR), if it is inaccurate, incomplete, ambiguous, out of date, or the collection, use, disclosure or storage of which is prohibited (find out more).
Right to withdraw your consent at any time (article 13-2c RGPD)
Right to limit the processing of your data (Article 18 GDPR)
Right to object to the processing of your data (Article 21 GDPR) (find out more)
The right to portability of the data you have provided to us, where your data is subject to automated processing based on your consent or on a contract (Article 20 RGPD)
The right to determine what happens to your data after your death and to choose whether or not we pass on your data to a third party designated by you (find out more).
In the event of your death and in the absence of any instructions from you, we undertake to destroy your data, unless its retention is necessary for evidential purposes or to meet a legal obligation.
These rights may be exercised by sending a simple request by e-mail to the address contact[@]hbf-products.com, or by post to the address HBF - 4 Allée Robert Perrier 69260 Charbonnières-Les-Bains, indicating your contact details (surname, first name, address) and a legitimate reason where this is required by law (in particular in the event of opposition to processing).
If you provide us with a copy of your identity document to prove your identity, we will keep it for one (1) year, or three (3) years if you exercise your right to object.
To find out more about your rights, you can also visit the website of the Commission Nationale de l'Informatique et des Libertés, which can be accessed at the following address: http://cnil.fr.
To find out more, please consult our Privacy Policy
Article 11 : Guarantees
The Products are covered by the legal guarantee of conformity set out in articles L217-4 et seq. of the French Consumer Code and the guarantee against hidden defects set out in articles 1641 et seq. of the French Civil Code.
Customers are reminded that :
Has a period of two years from delivery of the goods in which to take action; Can choose between repairing or replacing the goods, subject to the cost conditions set out in article L. 217-9 of the Consumer Code; Is exempt from proving the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods. The procedure to follow is as follows:
The customer invokes the guarantee of conformity using the form provided or by contacting our customer service department (see the Contacts page for contact details); Our customer service department examines the request; If the reasons for the return are well-founded, the customer returns the Product(s) concerned to the following address: HBF - 4 Allée Robert Perrier 69260 Charbonnières-Les-Bains, Products must be returned in their original condition and complete in packaging identical to that used at the time of dispatch. The returned Product(s) will be reimbursed by the same means of payment used by the customer to pay for the order, or by bank transfer.
The date of reimbursement may be deferred until the date of actual receipt of the Product(s) at the above address.
Article 12 : Liability
The texts and photos presented are for information purposes only and do not constitute a contractual commitment guaranteeing perfect similarity between the product presented and the product ordered.
Article 13 : Mediation - Applicable law
13.1. Mediation
Pursuant to the provisions of the French Consumer Code, hbf-products.com subscribes to the e-commerce ombudsman service of FEVAD (Fédération du e-commerce et de la vente à distance) located at 60 Rue La Boétie - 75008 Paris - http://www.mediateurfevad.fr.
Any dispute relating to consumer law may be referred to the mediator. Prior to referring the matter to the mediator, the customer must contact the hbf-products.com customer service department. If a solution cannot be found between Vignobles-chirat.com and the customer, the latter may refer the matter to the mediator. Details of how to contact the Mediation officer can be found at the following address: http://www.mediateurfevad.fr/index.php/espace-consommateur/
An online dispute resolution platform has been set up by the European Commission and can be accessed at the following address: http://ec.europa.eu/consumers/odr/
13.2. Applicable law
The language of this contract is French. All the clauses of these General Terms and Conditions of Sale, all transactions and purchasing operations carried out on the hbf-products.com site as well as by post and by telephone are governed by French law. Any dispute that cannot be settled amicably will be referred to the Courts of the registered office of the Company Vignobles-chirat.com or to the Court of the department chosen by the customer.
Article 14 : Intellectual Property
The sales contract concluded between the customer and HBF does not entail any transfer of intellectual or industrial property rights. The reproduction or representation of all or part of any of the distinctive signs appearing on the site is strictly prohibited and must be authorised in writing beforehand.
The elements reproduced on the www.hbf-products.com website and mobile applications, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law. Any reproduction or dissemination of these elements without the prior written authorisation of the publisher will render the offender liable to prosecution.
Article 15 : Contractual provisions
The nullity of a contractual clause does not entail the nullity of the General Terms and Conditions of Sale as a whole.
These General Terms and Conditions of Sale may be modified at any time: the General Terms and Conditions of Sale applicable are those in force on the site on the date the order is placed by the customer.
Article 16 : Liability - Force Majeure
HBF cannot be held liable in the event of non-performance or improper performance of the contract due either to the fault of the customer, or to the unforeseeable and insurmountable external act of a third party, or to a case of force majeure (as defined by case law).
Article 17 : Visuals / Photos / Videos
The photos and illustrations used on the site are non-contractual. Product images and photographs are the exclusive property of HBF or its partners and are not free of copyright.