Terms and Conditions of Sale

1. SCOPE OF APPLICATION

2. PRODUCTS / PRICES

The Products are presented as accurately as possible. The perfect representation of the Products on the Website cannot be guaranteed, particularly due to differences in colour rendering or materials by Internet browser software and/or display monitors.

The Product delivered may differ from that presented on the Website without giving the Customer the right to cancel the sale:

1) if the Product concerned is a handcrafted or semi-handcrafted Product that does not allow for perfect consistency in production;
2) or if the Product has undergone, between the date of the order and the date of delivery, an adaptation related to technical or technological developments, provided, in both cases, that the difference does not affect the essential characteristics of the Products, does not affect their quality and does not result in a price increase.

HOLI HAI reserves the right to modify the price of the Products at its discretion. The pricing conditions in effect on the date of order confirmation by the Customer shall apply.

Some images may be rendered in 3D. Presentation suggestions are not binding.

3. ORDER

3.1 Placing the order

The Customer may place an order with HOLI HAI online on the Website.

Placing orders on the Website is subject to the Customer creating a personal account (hereinafter the ‘Account’) during which the Customer must provide personal information, such as their surname, first name and email address. The Customer must ensure that the email address provided is valid and check their email filtering rules to prevent emails from HOLI HAI from being considered SPAM.

All information provided by the Customer to HOLI HAI must be accurate, complete and up to date. Whenever there is a change in their circumstances, the Customer must update their information by accessing their Account or contacting customer service. Account and personal information management is carried out on the Website.

The Customer undertakes to read and accept HOLI HAI's privacy policy, which is available on the Website, concerning the processing of personal data: www.holi-hai.com/donnees-personnelles. Contractual information relating to orders is in French and is archived by HOLI HAI for ten (10) years.

When creating their Account, the Customer chooses a password that is used to identify them and enable faster connection when they next use the Website. The Customer undertakes to choose a personal and confidential password. To ensure the security of their Account, the Customer undertakes to:

• Do not disclose your password to third parties ;
• take the necessary precautions to prevent third parties from accessing it;
• take measures to prevent third parties from accessing the Account, even without the Customer's knowledge;
• not give third parties access to their Account (lending, sharing, exchanging, donating, purchasing, transferring and selling Accounts is prohibited and not enforceable against HOLI HAI);
• not use a third party's Account; • use a personal email address and not share this email address;
• allow HOLI HAI to contact the Customer via their email address.

The Customer is responsible for keeping their password confidential and for its use. The Customer is solely responsible for the use of their Account. Any connection or data transmission made using their password will be deemed to have been made by the Customer and under their responsibility.

In order to preserve the personal and confidential nature of your access, it is recommended that you log out of your Account at the end of each session.

In the event of fraudulent use of their Account and/or password, or in the event of loss or theft of their password, the Customer must immediately inform HOLI HAI.

If the Customer forgets their password, they can report this by clicking on the ‘Forgotten password’ section. They will then receive an email at the address provided in their Account, giving them a new password.

Account security is the sole responsibility of the Customer, and HOLI HAI cannot be held liable for any damage that may be caused to the Customer's Account or computer as a result of the loss or sharing of Account login details and passwords.

The Customer is responsible for and presumed to be the author of purchases made on or via their Account.

Orders sent to HOLI HAI by post or fax will not be accepted.

 

3.2 Order confirmation

The selection and purchase of a Product is the sole responsibility of the Customer, particularly in terms of the suitability of the purchase in relation to their needs. The Customer must add the selected Products to their basket. The Customer has the opportunity to check the details of their order and its total price, and may make changes before final confirmation. It is therefore the Customer's responsibility to check the accuracy of the order. The Customer's confirmation of the order is evidenced by their acceptance of these General Terms and Conditions of Sale, which they acknowledge having read and accepted by ticking the box ‘I have read and accept the general terms and conditions of sale’ and by their payment.

The order is binding for the Customer as soon as it is definitively confirmed by clicking on the ‘Order’ button, without prejudice to the right of withdrawal available to consumer Customers within the meaning of Articles L.221-18 to L221-28 of the French Consumer Code, under the conditions set out in Article 5.4.2 of the General Terms and Conditions of Sale, except for Custom-made Products manufactured according to the specifications of the consumer Customer or clearly personalised following a request from the consumer Customer.

HOLI HAI reserves the right to refuse an order for any legitimate reason, including the existence of an unresolved dispute resulting from non-payment of a previous order.

HOLI HAI will send an order confirmation by email as soon as possible, detailing the key information (order number, products ordered, delivery address, etc.).

The Customer agrees that the order confirmation shall be considered as proof of the contractual relationship established with HOLI HAI.

If one or more of the products ordered are unavailable, HOLI HAI undertakes to inform the Customer by email as soon as possible. The order may then be cancelled. A new delivery date may also be proposed to the Customer, subject to subsequent availability of the Product.

4. PAYMENT

– for home deliveries and pick-up points, you can choose between credit card, bank transfer, PayPal, gift card, credit note or voucher
– for Click & Collect, you can choose to pay by credit card, bank transfer, PayPal, credit note or voucher, excluding gift cards, which are not accepted.

As orders are only processed after payment has been validated, no discounts or late payment penalties apply. Payments may not be suspended or offset without the prior written consent of HOLI HAI.

As part of its efforts to combat internet fraud, HOLI HAI may verify the bank details and/or identity of Customers prior to delivery. By placing an order on the Website, the Customer agrees to provide HOLI HAI with any proof of identity that may be requested. If the requested information is not provided within the specified time frame, HOLI HAI reserves the right to cancel the order subject to verification.

 

If the bank transfer is not received within three (3) working days of the Customer confirming the order, the order will be considered cancelled and the Customer will be notified by email.

 

The Customer may use the PayPal Express feature, which allows them to place an order directly through their PayPal account without creating a HOLI HAI account.

 

 

The HOLI HAI gift card is valid for one (1) year only from its activation date, which corresponds to its date of purchase, and cannot be exchanged, refunded or returned for any reason whatsoever.

Partial use of a gift card is accepted, and the balance can be viewed directly on the Website. In the event of partial payment for an order by gift card, the Customer must pay the balance by credit card.

The accumulation of gift cards is not permitted.

Payment by voucher

5. DELIVERY

5.1 Delivery costs and terms

Upon receipt of the order confirmation email, the Customer has fourteen (14) days to withdraw their order. After this period, the order is cancelled and the Product is returned to the store's stock, and the Customer is refunded within fourteen (14) days for the amount of their order using the same payment method used for their purchase.

In the event that the Product ordered cannot be delivered to the Customer within fourteen (14) days of placing the order, the Customer shall be refunded for their order.

To collect their parcel from HOLI HAI's headquarters, Customers must go there and present a valid form of identification along with their order number, which can be found in their order confirmation email.

5.2.2 Checking the Parcel and Products upon Receipt

6. PRODUCT WARRANTIES

All Products are covered by legal warranties, provided that they have been used normally and that the maintenance instructions have been followed.


Legal warranty of conformity:

" The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it occurred.

"Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date on which it occurred.

"The legal guarantee of conformity entails an obligation for the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.

‘The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, at no cost and without significant inconvenience to them.

’If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

"If the consumer requests repair of the goods, but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

‘The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for returning the goods, if:

’1° The trader refuses to repair or replace the goods;
"2° The repair or replacement of the goods takes place after a period of thirty days;
"3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular where the consumer definitively bears the costs of returning or removing the non-compliant goods, or where he bears the costs of installing the repaired or replacement goods;
‘4° 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 goods 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 repair or replacement of the goods beforehand.

‘The consumer is not entitled to termination of the sale if the lack of conformity is minor.

’Any period during which the goods are unavailable for repair or replacement suspends the warranty that remained until the repaired goods were delivered.

"The above rights result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

"Any seller who acts in bad faith to obstruct the implementation of the legal guarantee of conformity is liable to a civil fine of up to £300,000, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

"The consumer also benefits from the legal guarantee against hidden defects in accordance with Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are retained or a full refund upon return of the goods. "

The legal guarantee of conformity is governed in particular by Articles L.217-3, L.217-4, L.217-7 and L.217-13 of the Consumer Code, which are reproduced below:

• Article L. 217-3 of the Consumer Code:

"The seller shall deliver goods that comply with the contract and with the criteria set out in Article L. 217-5.
The seller shall be liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which becomes apparent within two years of delivery.

In the case of a contract for the sale of goods comprising digital elements:

1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of supply, the seller shall be liable for any lack of conformity of that digital content or digital service which becomes apparent within two years of delivery of the goods;

2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity of that digital content or digital service which becomes apparent during the period in which it is supplied under the contract.

For such goods, the applicable time limit does not deprive the consumer of their right to updates in accordance with the provisions of Article L. 217-19.

The seller is also liable, during the same time limits, for any lack of conformity resulting from the packaging, assembly instructions, or 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 shortcomings or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The limitation period for the consumer's action shall commence on the day on which the consumer becomes aware of the lack of conformity.


• Article L217-4 of the Consumer Code: "The goods are in conformity with the contract if they meet the following criteria, where applicable:

1° They correspond to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability or any other characteristic specified in the contract;

2° It is fit for any special purpose sought by the consumer, brought to the seller's attention at the latest at the time of conclusion of the contract and which the seller has accepted;

3° It is delivered with all accessories and installation instructions, which must be provided in accordance with the contract;

4° It is updated in accordance with the contract."


• Article L217-5 of the Consumer Code:

“I. – In addition to the criteria of conformity with the contract, the goods are in conformity if they meet the following criteria:

1° It is fit for the purpose usually expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law, as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

 

 

 

• Article L 217-12 of the Consumer Code: "The seller may not proceed according to the consumer's choice if the requested compliance is impossible or entails disproportionate costs, particularly in view of:

1° The value that the goods would have in the absence of a lack of conformity;

2° The significance of the lack of conformity; and

3° The possibility of opting for the other choice without major inconvenience to the consumer.

The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, in particular with regard to 1° and 2°.

Where these conditions are not met, the consumer may, after formal notice, seek specific performance 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 shall be justified in writing or on a durable medium.‘


• Article L217-13 of the Consumer Code:

’Any goods repaired under the legal guarantee of conformity shall benefit from an extension of this guarantee for six months.

Where the consumer chooses repair but this is not carried out by the seller, bringing the goods into conformity by replacement shall entitle the consumer to a new legal guarantee of conformity for the replaced goods. This provision shall apply from the day on which the replacement goods are delivered to the consumer."


• Article L217-28 of the Consumer Code:

"Where the consumer requests the guarantor, during the course of the statutory guarantee or commercial guarantee granted to them at the time of purchase or repair of goods, to repair the goods covered by this guarantee, any period of immobilisation shall suspend the guarantee that remained to run until the delivery of the repaired goods. This period shall run from the date of the consumer's request for intervention or from the date on which the goods in question are made available for repair or replacement, whichever is more favourable to the consumer. The warranty period is also suspended when the consumer and the guarantor enter into negotiations with a view to reaching an amicable settlement."


Legal warranty against hidden defects:

• Article 1641 of the Civil Code: ‘The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that diminish its use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them.’

• Article 1648, paragraph 1 of the Civil Code: ‘Action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.’


Implementation of legal guarantees:

For the application of the aforementioned guarantees, the Customer must inform HOLI HAI of the non-conformity or the existence of hidden defects in the Products by contacting Customer Service on 07 88 08 20 39.

If the Product is returned, the Customer must ensure that its condition is consistent with that in which it was received, with all components (accessories, packaging, instructions, etc.).

7. PERSONAL DATA

HOLI HAI attaches great importance to protecting and respecting the privacy of its Customers and their personal data and undertakes to comply with applicable regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

HOLI HAI collects and processes its Customers' personal data for the purpose of managing the various stages of the order, responding to queries and conducting satisfaction surveys following an order.

The Customer has the right to access, rectify, withdraw consent, object to and delete personal data concerning them. They may also request the restriction and portability of their data.

The Customer also has the right to define guidelines regarding the fate of their personal data after their death, the right not to be subject to automated individual decision-making, and the possibility of lodging a complaint with the CNIL.

The Customer may exercise these rights by writing to hhicc@holi-hai.com, specifying their contact details (surname, first name, email address, telephone number).

HOLI HAI may need to verify the Customer's identity in order to secure the processing of their request.

For more detailed information on HOLI HAI's practices regarding personal data, the personal data protection policy is available on the Website, under the heading ‘Personal Data’: https://www.holi-hai.com/donnees-personnelles.

8. INTELLECTUAL PROPERTY

Consequently, any reproduction, representation, modification, adaptation, distribution, commercial or non-commercial use of all or part of these elements, by any means and on any medium whatsoever, without the prior written authorisation of HOLI HAI, is strictly prohibited and constitutes an infringement liable to result in legal proceedings.

Where possible, the sources of images used on the Blog are mentioned when required by the licence or when HOLI HAI is aware of them. If a user of the Site considers that an element of the Blog infringes their intellectual property rights, they are invited to inform HOLI HAI in writing at hhicc@holi-hai.com, specifying the nature of the alleged infringement and providing the necessary supporting documents. HOLI HAI undertakes to carefully examine any justified complaint and to take appropriate measures, including the removal of the disputed content if necessary.

9. USE OF THE WEBSITE

10. LIMITATION OF LIABILITY AND WARRANTY OF HOLI HAI

 

11. COMMUNICATION AND PRESERVATION OF THE CONTRACT

12. MISCELLANEOUS

12.1 Evidence

E-mails shall be considered valid between the parties, as shall the automatic recording systems used, particularly in the event of a dispute.

The Customer may access the contract concluded with HOLI HAI by sending an e-mail to hhicc@holi-hai.com or by post to HOLI HAI, 8 Chemin des Demoiselles – 35300 FOUGERES, providing the necessary information, including the order number and contact details.

12.2 Partial invalidity

If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall remain in full force and effect.

12.3 Non-waiver

The fact that one of the Parties has not demanded the application of any clause of these General Terms and Conditions of Sale, whether permanently or temporarily, shall in no way be considered a waiver of that Party's rights under said clause.

13. OBJECTION TO TELEMARKETING

Consumer Customers, excluding non-professional Customers, as defined in the introductory article of the Consumer Code, who do not wish to receive commercial solicitations by telephone may register free of charge on a list opposing telephone solicitation electronically on the website bloctel.gouv.fr, or by post at the following address: Service Bloctel, 6 rue de la République – 75011 PARIS.

14. DISPUTES

IN THE EVENT OF A DISPUTE THAT CANNOT BE RESOLVED AMICABLY, ANY LEGAL ACTION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURTS OF THE JURISDICTION OF THE REGISTERED OFFICE OF HOLI-HAI. NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY PROCEEDINGS, INCLUDING FOR EMERGENCY PROCEEDINGS, CONSERVATIVE PROCEEDINGS IN SUMMARY PROCEEDINGS OR BY PETITION.