Terms and Conditions of Sale
1. SCOPE OF APPLICATION
These general terms and conditions of sale (hereinafter the ‘General Terms and Conditions of Sale’) apply to any contract entered into with HOLI HAI, registered in the Rennes Trade and Companies Register under number 444 828 990, whose registered office is located at 8 chemin des Demoiselles – 35300 FOUGERES (hereinafter ‘HOLI HAI’), relating to any order for products and gift cards for the purchase of products (hereinafter the ‘Products’) placed on the Website www.holi-hai.com (hereinafter the ‘Website’) by a natural person acting in their capacity as a consumer or non-professional, within the meaning of the introductory article of the Consumer Code, for their personal needs, and not for resale, professional use, or any use for professional or commercial promotion purposes (hereinafter ‘the Customer’).
These General Terms and Conditions of Sale, written in French, may be amended at any time by HOLI HAI.
Confirmation of the order by the Customer implies full and complete acceptance, without restriction or reservation, of these General Terms and Conditions of Sale by the Customer, to the exclusion of any other document.
The terms and conditions in force at the time of confirmation shall prevail over all previous versions.
2. PRODUCTS / PRICES
2.1 Product Offerings
The Products offered for sale are those available at the time of confirmation and payment of the order by the Customer. HOLI HAI reserves the right to modify its offer at any time, in particular by adding, modifying or removing Products.
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.
2.2 Product Prices
Product prices are indicated in euros and include all taxes. Unless otherwise stated, preparation and delivery costs are not included in the price indicated.
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
4.1 Payment
Payment is made in euros only, in full at the time of ordering:
– 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.
Payment by credit card
The following bank cards are accepted: Carte Bleue, Visa, and Mastercard.
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.
Payment by bank transfer
All payments by bank transfer must be made in full at the time of ordering. HOLI HAI's bank details will be provided to the customer on the order confirmation page and by email.
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.
Payment via PayPal
When confirming their order, the Customer must enter their PayPal-linked email address and PayPal password. If the Customer does not already have a PayPal account, they will be directed to a PayPal account creation page at the time of payment, allowing them to use this payment method.
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.
PayPal payment in 4 instalments at no extra cost
Payment in four instalments at no extra cost is available online for orders between 30 euros (€30) and two thousand euros (€2,000).
At the time of payment, the Customer is redirected to the PayPal server to finalise their payment in four instalments and obtain details of their monthly payments.
The Customer will then be asked, prior to making the payment, to read and accept PayPal's Terms of Use and Privacy Policy.
Payment security is provided by PayPal and its service providers.
All payments are protected by 3D Secure. PayPal is a remote payment manager and issues an electronic certificate that serves as proof of the amount and date of the transaction in accordance with the provisions of Articles 1364 et seq. of the Civil Code.
Payment by gift card
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 credit note
The credit note can be used on the Website and is valid for one (1) year from the date of issue. The credit note can be used once or several times. The credit note can be used in addition to another payment method, except for vouchers.
Payment by voucher
The voucher can be used only once and cannot be split or exchanged for cash. The voucher can be used in addition to another payment method except gift cards and credit notes.
4.2 Invoicing
The invoice sent to the Customer includes the details provided by the Customer in their Account. The details provided cannot be modified after the invoice has been issued.
5. DELIVERY
5.1 Delivery costs and terms
Delivery may be made to HOLI HAI's headquarters, to a pick-up point or to the Customer's home in mainland France and Corsica. The type of transport, delivery time and associated costs will be specified when the order is placed, depending on the delivery location, the nature of the Products ordered and the type of service chosen by the Customer.
In cases where the respective availability dates of the Products in an order differ, HOLI HAI will offer the buyer the option of splitting their order. In the event of split delivery, delivery charges will be applied to each part of the order. If split delivery is not possible, delivery will take place on the date when all the Products ordered are available.
Any order containing a custom-made product cannot be split and will necessarily be delivered in its entirety by carrier to the delivery address specified by the Customer.
5.1.1 Click & Collect delivery
Once an order for a Product eligible for this delivery method has been placed on the Website, HOLI HAI will send an order confirmation email to the Customer allowing them to collect their Product within fourteen (14) days, on a date and at a time agreed in advance with HOLI HAI.
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.
5.1.2 Delivery to a collection point or home address
Delivery of small items is handled by courier services. HOLI HAI offers several delivery methods for orders, which are specified during the order confirmation process, including:
- Home delivery with signature: the parcel is delivered by hand to the specified delivery address and requires a signature upon receipt.
- Delivery to a collection point: the parcel is made available at a partner collection point of your choice.
The delivery of bulky items or furniture is carried out by a carrier specialising in furniture delivery.
The delivery date and time slot are agreed between the Customer and the carrier. Products delivered to the Customer's home are delivered to the delivery address provided by the Customer when placing the order. Unless the Customer specifies a different delivery address, the delivery address for the Products will be the postal address provided by the Customer in their Account. The carrier and delivery terms vary depending on the size of the order. It is the Customer's responsibility to check the delivery terms when confirming the order.
It is the Customer's responsibility to check prior to ordering, particularly in terms of size and volume, that the Products can be transported via the normal access routes to the delivery location (stairs, lift, etc.). The Customer is responsible for renting any equipment required to deliver to the desired location.
The Customer will be responsible, where applicable, for assembling the flat-pack furniture delivered.
The inability of HOLI HAI's carriers to deliver the Products on the agreed date, in the event of the Customer's absence or failure to provide information on the need to use specific means of delivery, may result in the payment of additional delivery charges and/or cancellation of the order by HOLI HAI.
5.2 Receipt of products
5.2.1 Proof of Delivery
Delivery shall be deemed to have been made upon physical availability of the Product to the Customer (or to a third party designated by the Customer, other than the carrier proposed by us).
For deliveries to a collection point or to your home with signature, this provision is confirmed by the signature of the delivery receipt (paper or electronic) or the collection slip by the Customer or any person duly authorised by the Customer. This signature constitutes proof of proper receipt of the parcel and transfer of risks (loss, theft, damage) to the Customer. From that point on, you become responsible for the Product.
5.2.2 Checking the Parcel and Products upon Receipt
The Customer is urged to carefully check the condition of the parcel and the Products when they are delivered by the carrier or at the collection point, before signing the delivery receipt or collection note.
This verification must cover:
- The condition of the packaging: ensure that there are no signs of it having been opened, damaged, damp or obviously degraded.
- L’Product integrity : check that the Products themselves are not damaged, broken or incomplete.
- Product conformity: ensure that the Products delivered correspond to the order (item numbers, quantities).
In the event of a visible and obvious anomaly (e.g. crushed or opened package, broken, missing or non-compliant product) being noted au moment de la remise et avant signature, le Client devra impérativement :
- Write clear, specific, dated and signed reservations on the delivery receipt or collection note. Describe the nature of the problem precisely (e.g. ‘package torn on the side’, ‘Product X broken’, ‘1 item Y missing’). General statements such as ‘subject to unpacking’ have no legal value.
- Refuse the parcel if the damage is significant and the Product is unusable.
- Take photographs of the parcel and the damaged Products before reporting them.
In all cases of anomalies noted upon delivery (with or without refusal of the parcel), the Customer must inform HOLI HAI as soon as possible, and no later than three (3) working days after the delivery date, by email to hhicc@holi-hai.com. Please attach any photographs taken and a copy of the reservations made with the carrier to your report.
5.3 Product returns
No unsolicited returns will be accepted and must therefore be notified in advance to HOLI HAI:
- Either by email to hhicc@holi-hai.com;
- Either by registered letter with acknowledgement of receipt to the following address: HOLI HAI – 8 chemin des Demoiselles – 35300 FOUGERES.
However, we are committed to making returns easy for you, regardless of the size of your parcel or the return channel you choose. Procedures vary slightly depending on the return method.
1. Return via Carrier (Small Parcels: Post Office, Collection Points)
This return method is ideal for small and medium-sized items that can be sent by post or dropped off at a collection point.
- Procedure:
- Demande de retour : Adressez-nous votre demande de retour par e-mail à hhicc@holi-hai.com. Indiquez clairement la raison du retour (rétractation, non-conformité, vice caché, etc.) et votre numéro de commande.
- Confirmation and Return Label: Once your request has been validated, we will email you either a pre-paid return label (if the return is at our expense, e.g., non-conformity) or a standard return label. In the latter case, the return costs will remain your responsibility.
- Preparing your parcel: Carefully wrap the product in its original packaging, complete with all its accessories and documentation. Affix the returns label clearly visible on the parcel.
- Expédition :
- En point relais : Déposez votre colis dans le point relais le plus proche de chez vous (liste fournie avec l’étiquette).
- À domicile (si option proposée) : Si cette option est disponible, le transporteur viendra collecter le colis à votre domicile à la date convenue.
- Via La Poste : Déposez le colis dans le bureau de poste de votre choix.
- Tracking: A tracking number will be associated with the return label, allowing you to track the delivery of your parcel.
- Processing time: Once the parcel has been received and checked by our services, your return (refund, exchange, credit note) will be processed within 5 to 10 working days.
2. Return to Store (Applicable only to Large Parcels and Bulky Items))
For large or particularly fragile handcrafted items.
- Procedure:
- Product Preparation: Package the product in its original packaging, complete with all its accessories and documentation.
- Booking an Appointment: Contact us by email at hhicc@holi-hai.com so we can arrange your visit.
- Collection from our Premises: Visit us at 8 chemin des Demoiselles – 35300 FOUGERES, at the agreed day and time.
- Required Documents: Please present your proof of purchase (invoice or order confirmation) and a form of identification.
- Verification and Processing: Our team will check the condition of the product and the compliance of the return. Processing (refund, exchange, credit note) may be initiated immediately during your visit or within a few days, depending on the nature of the return.
- Advantages: No return transport costs, possibility of obtaining immediate advice and assistance.
3. Return by Specialised Carrier (Large Parcels and Bulky Items)
For large or particularly fragile handcrafted items, a specialised carrier will be commissioned.
Processing time: Due to the specific logistics involved in handling large parcels, the processing of your return (refund, exchange, credit note) may take between 7 and 15 working days from the date of receipt of the item at our premises.
Procedure:
- Specific return request: Contact us by email at hhicc@holi-hai.com to arrange the return. Specify the nature of the item and the reason for the return. Photos may be requested to assess the condition of the product.
- Making an appointment: If the return is at our expense (e.g. non-compliance, hidden defect), we will instruct a specialist carrier who will contact you to arrange a collection appointment at your home. Otherwise, we will provide you with the contact details of a carrier whom you will need to contact to arrange the return at your own expense.
- Packaging: It is your responsibility to package the item very carefully in its original packaging, or equivalent packaging offering maximum protection for transport. Please do not hesitate to ask us for advice on packaging. Any damage due to insufficient packaging may result in a refusal of reimbursement or a deduction.
- Collection: The carrier will collect the product on the agreed date and time. You will be given a collection note.
General Return Policy for all channels
- Product condition: All products returned, regardless of the reason, must be in their original condition, new, unused, undamaged, and complete (packaging, accessories, documentation, etc.) in order to be resold.
- Deadlines: It is essential that you comply with the legal withdrawal period (14 days) or the specific deadlines for returns due to non-compliance/hidden defects.
- Return costs: You are responsible for the return costs in the event of withdrawal. We will cover these costs in the event of non-compliance, hidden defects or proven damage during transport.
- Refund: The refund will be made using the same payment method used for the purchase, unless you expressly agree to another method. It will be made after receipt and verification of the returned product.
The reasons for return are detailed in sections 5.3.1 to 5.3.5 below.
5.3.1 Cancellation of the order
HOLI HAI offers the Customer the option to withdraw from their commitment and cancel their order. No partial cancellations of orders will be possible.
Once the order has been confirmed, it can be cancelled within a maximum period of twelve (12) hours, as long as it has not been prepared or dispatched. The Customer is invited to contact our Customer Service Department on 07 88 08 20 39 or by email at hhicc@holi-hai.com, to check whether it is possible to stop the preparation of their order.
If the order can be cancelled, the Customer will receive an email confirming the cancellation and will be refunded within fourteen (14) days of the order being received by HOLI HAI, using the same payment method used for the purchase.
Beyond this period, if the order can no longer be cancelled and the Customer wishes to cancel their order, the Customer must inform the carrier that they do not wish to receive the delivery:
- Delivery to a collection point: the Customer must refuse their order and then contact HOLI HAI customer service to obtain a refund.
- Home delivery: the customer must inform the carrier when making the appointment that they do not wish to receive the delivery or refuse the order upon delivery, then contact HOLI HAI customer service to obtain a refund.
In both cases, return costs shall be borne by the Customer. The amount of these costs depends on the price of the returned products and will be communicated by email in response to the Customer's request. These return costs will be automatically deducted from the refund for the returned items.
At a collection point, if the Customer does not collect their order within five to nine (5 to 9) days, depending on the transport provider, the order is cancelled and returned to us, and HOLI HAI checks the condition of the product.
The Customer will be refunded within fourteen (14) days of the amount of their order using the same payment method used for their purchase, from the date of receipt of their order by HOLI HAI.
In this case, the return costs will be borne by the Customer.
The amount of these costs depends on the price of the returned products and will be communicated by email in response to the Customer's request.
These return costs will be automatically deducted from the refund for the returned items.
In the case of home delivery, if HOLI HAI's carriers are unable to deliver the Products on the agreed date because the Customer is absent on the first two delivery attempts, HOLI HAI will cancel the order. The order will be returned to us and HOLI HAI will check the condition of the product.
The Customer will be refunded within fourteen (14) days of the amount of their order using the same payment method used for their purchase, starting from the date of receipt of their order by HOLI HAI.
In this case, the return costs shall be borne by the Customer.
The amount of these costs depends on the price of the returned products and will be communicated by email in response to the Customer's request.
These return costs will be automatically deducted from the refund for the returned items.
5.3.2 Returns for Right of Withdrawal
In accordance with the legal provisions in force, you have a period of fourteen (14) days from receipt of your order to exercise your right of withdrawal without having to justify your reasons or pay a penalty.
This right of withdrawal applies to all HOLI HAI products, with the exception of customised products and digital products. All returned products must be in perfect condition so that they can be resold as new, in their original packaging, accompanied by their accessories and invoice.
Exercising the right of withdrawal: To exercise your right of withdrawal, you must notify us of your decision by means of an unambiguous statement:
- Either by email to hhicc@holi-hai.com;
- Either by registered letter with acknowledgement of receipt to the following address: HOLI HAI – 8 chemin des Demoiselles – 35300 FOUGERES.
You may use the withdrawal form available on our website, in Appendix 1 (at the end of these GTC).
Return of products: From the date of notification, the Customer then has fourteen (14) days to return the products concerned in accordance with the HOLI HAI return conditions set out above.
Products must be returned in their original condition, complete (packaging, accessories, instructions, etc.) and new, so that they can be resold. You are responsible for the return shipping costs.
HOLI HAI reserves the right to refuse reimbursement for returned products if they have been visibly used or damaged by the Customer and this use or damage renders the products unsuitable for sale, or if the products do not correspond to the references stated for the return.
In the event of damage or signs of wear on returned products, or any other depreciation resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these products, the Customer may be held liable. HOLI HAI also reserves the right to apply a discount to the price of damaged products, taking into account the costs of returning them to new condition.
Refund: If you exercise your right of withdrawal, and subject to compliance with the above conditions, we will refund all payments received from you, including delivery costs (with the exception of additional costs arising from your choice, where applicable, of a delivery method other than the least expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen (14) days from the date on which we receive the returned goods. where applicable, a delivery method other than the least expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen (14) days from the day on which the relevant products are received at HOLI HAI's premises. We will make the refund using the same means of payment that you used for the initial transaction, unless you expressly agree to a different means.
In the event of a partial return of an order, the delivery costs associated with the initial order, which benefited from a flat rate, will not be refunded.
In the event of a refund by bank transfer, the Customer must provide HOLI HAI with their IBAN so that HOLI HAI can process the refund.
Please note that for products weighing 30kg or more, returns must be organised by HOLI HAI, at the Customer's expense, after contacting Customer Services.
5.3.3 Returns due to non-compliance or hidden defects
We take the utmost care in crafting our creations. If, despite this, you receive an item that does not match your order or has a hidden defect, please notify us within three (3) working days of receiving your order.
Procedure: Contact us and attach photos of the non-compliant or defective product:
- Either by email to hhicc@holi-hai.com;
- Either by registered letter with acknowledgement of receipt to the following address: HOLI HAI – 8 chemin des Demoiselles – 35300 FOUGERES.
We will review your request and let you know how to proceed.
Coverage of return costs: We will cover the return shipping costs.
Options: After verifying the non-compliance or hidden defect, we will offer you, depending on the circumstances and our options, a replacement item, a credit note or a full refund.
5.3.4 Returns for damaged items
Despite the care taken in packaging your orders, it is possible that an item may be damaged during transport.
Procedure: In the event of breakage, it is essential that you notify us within twenty-four (24) hours of receiving the parcel. Please attach photos of the damaged parcel and broken items to your email to hhicc@holi-hai.com.
If a product is found to be damaged during transport, the Customer must note their reservations in a precise and reasoned manner on the delivery note or transport document, dated and signed. Reservations such as “subject to unpacking” are insufficient.
The Customer then has three (3) working days from the date of delivery to confirm their reservations to HOLI HAI, or ten (10) days if the carrier did not allow the Customer to check their order and no note could be made on the delivery note.
These reservations must be sent to HOLI HAI:
- Either by email to hhicc@holi-hai.com;
- Soit by registered letter with acknowledgement of receipt to the following address: HOLI HAI – 8 chemin des Demoiselles – 35300 FOUGERES.
Handling: Claims accepted by HOLI HAI will result in the exchange of the product concerned, or its refund if the product is out of stock. HOLI HAI undertakes to refund the return costs for accepted returns.
5.3.5 Missing, incomplete or unordered item
In the event of a missing, incomplete or unordered product upon delivery, the Customer must note their reservations in a precise and reasoned manner on the dated and signed delivery or transport note. Reservations such as ‘subject to unpacking’ are insufficient.
The Customer then has three (3) working days from the date of delivery to confirm their reservations to HOLI HAI:
- Either by email to hhicc@holi-hai.com;
- Either by registered letter with acknowledgement of receipt to the following address: HOLI HAI – 8 chemin des Demoiselles – 35300 FOUGERES.
If the complaint is justified and accepted by HOLI HAI, the Customer will receive the missing products or parts, or, if the product is unavailable, a credit note or refund according to the original payment method. In the case of an unordered product, HOLI HAI undertakes to take back the product in its original packaging, in perfect condition and with its accessories.
For any questions regarding reimbursement terms and conditions, please visit the ‘FAQ Reimbursement terms and conditions’ section on the website: https://www.holi-hai.com/en/faq.
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;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model before the contract was concluded;
3° Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can reasonably expect;
5° Where applicable, it is supplied with updates that the consumer can reasonably 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 may reasonably expect for goods of the same type, taking into account the nature of the goods and any 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 labelling.
II. However, the seller shall not be bound by any public statements referred to in the preceding paragraph if he can demonstrate:
1° That he was not aware of them and was not reasonably in a position to be aware of them;
2° That at the time of the conclusion of the contract, the public statements had been corrected under conditions comparable to the initial statements; or
3° That public statements could not have influenced the purchase decision.
III. -The consumer may not contest conformity by invoking a defect concerning one or more specific characteristics of the goods, which they were specifically informed deviated from the conformity criteria set out in this article, a deviation to which they expressly and separately consented when the contract was concluded.
Article L217-7 of the Consumer Code:
"Any lack of conformity which becomes apparent within twenty-four months of delivery of the goods, including goods with 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 second-hand goods, this period is set at twelve months.
Where the contract for the sale of goods with digital elements provides for the continuous supply of digital content or a digital service, any lack of conformity which becomes apparent:
1° During a period of two years from the delivery of the goods, where the contract provides for such supply for a period of two years or less, or where the contract does not specify the duration of the supply;
2° During the period in which the digital content or digital service is provided under the contract, where the contract provides for such provision for a period exceeding two years.
• • 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
With the exception of the rights held by its partners and/or suppliers over their products, brands and logos presented on the Website, HOLI HAI is and remains the exclusive owner of the intellectual property rights over all elements (text, photographs, videos, logos, brands, designs, models, etc.) present on the Website and relating to the Products offered for sale.
These elements are protected by French and international intellectual property laws.
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.
With regard to the content of the Website Blog (in particular the texts of the articles), HOLI HAI endeavours to respect the intellectual property rights of third parties. The images used to illustrate the blog articles may come from various sources, including:
– Image banks that are royalty-free or licensed for use.
– Sources for which the rights of use have been duly acquired.
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.
Consulting the Website and purchasing Products does not result in any transfer of intellectual property rights to the Customer. The rights of use granted to the Customer are strictly limited to consulting the Website and to the private use of the Products purchased in accordance with their intended purpose.
9. USE OF THE WEBSITE
Any breach of the General Terms and Conditions of Sale by the Customer entitles HOLI HAI to close their Account on the Website without prejudice to any compensation that may be claimed by HOLI HAI.
The Customer is responsible for the activities carried out from their online Account and undertakes to comply with the laws and regulations governing their use of the Website, including those relating to the protection of personal data and intellectual property.
Users are solely responsible for browsing the Website. The Customer undertakes to indemnify and hold HOLI HAI harmless against any damage, complaint or claim from third parties arising from the use of the Website, including legal fees and court costs.
10. LIMITATION OF LIABILITY AND WARRANTY OF HOLI HAI
10.1 HOLI HAI cannot be held liable for any breakdowns, errors or computer viruses that may prevent continuous access to its Website, nor for any direct or indirect damage, in particular malfunctions in users' computer systems that may occur as a result of accessing the Website.
HOLI HAI is not responsible for any performance failures of the Website or changes to the Website that may occur, particularly given the quality of the Internet network and/or technical configurations.
Within the limits of the regulations in force, HOLI HAI is not responsible for the quality and compatibility of the Website for the specific uses that Customers make of it.
HOLI HAI cannot be held liable for: interruptions in access to all or part of the Website during correction, updating or maintenance operations on the Website and any resulting damage to the Customer; for breakdowns, errors or computer viruses that may prevent continuous access to its Website or for malfunctions in Customers' computer systems following access to the Website. Access may also be interrupted for any other reasons, in particular technical or legal reasons.
HOLI HAI reserves the right to cease publishing and therefore to close the Website.
HOLI HAI shall therefore not be held liable for any direct or indirect damages that may be related to the use of, access to, or downloading of elements stored on its Website (images, text, video files, etc.).
10.2 The Customer undertakes to comply with the recommendations and instructions contained in the instructions for the Products ordered and acknowledges that HOLI HAI shall not be held liable or provide any warranty in the event of damage resulting from failure to comply with the instructions for the Products. HOLI HAI shall not be held liable for any damage caused by the Products.
The Customer also undertakes to comply with the recommendations and instructions contained in the FAQs concerning use, maintenance, precautions for use, etc., which are easily accessible at the bottom of the page (under the heading ‘Everything You Need to Know’) or via the link etc., which are easily accessible at the bottom of the page (under the heading ‘Everything You Need to Know’) or via the link https://holi-hai.com/faq/.
HOLI HAI shall not be held liable in the event of non-compliance of the Products with the legislation of the foreign country in which they are delivered and/or used, which it is the Customer's responsibility to verify, in the event of misuse of the Products contrary to normal usage, the usual rules of caution, recommendations for use, and the instructions provided, negligence, lack of maintenance on the part of the Customer, as well as in the event of fault or acts entirely attributable to the Customer or a third party.
In the event that HOLI HAI is held liable, compensation shall only apply to direct, personal, certain and foreseeable damage, excluding any indirect damage and/or loss, in particular any operating loss.
HOLI HAI's liability shall, in any event, be limited to the amount of the order and shall not be invoked for simple errors or omissions that may have remained despite all the precautions taken in the presentation of the Products.
10.3 The occurrence of an event constituting force majeure within the meaning of case law and Article 1218 of the Civil Code shall result in the suspension of HOLI HAI's obligations. HOLI HAI shall not be held liable for this non-performance of the contract. If the force majeure event lasts for more than one (1) month, HOLI HAI may not honour the order, in which case it shall reimburse the Customer for any sums paid by them in respect of the order concerned.
11. COMMUNICATION AND PRESERVATION OF THE CONTRACT
Detailed order confirmation by email
After the order has been confirmed and payment has been made, the customer will receive a confirmation email containing all the details of the sales contract. The specific details of the order (product, price, delivery, etc.) are clearly stated in this email. This email constitutes written proof of the contract.
Customer account with order history
The Customer may log in to their account on the HOLI HAI website and view their order history. By clicking on a specific order, they can view the details of that order, which constitutes a copy of the sales contract.
Specific application form
The Customer may explicitly request a copy of their sales contract via the email address hhicc@holi-hai.com. HOLI HAI then undertakes to provide them with this document electronically (usually by email) within a reasonable period of time.
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
14.1 Applicable law
These General Terms and Conditions of Sale are subject to French law. Any dispute relating to the execution of these terms and conditions shall fall within the exclusive jurisdiction of the French courts.
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.
14.2 Mediation
After consumers have made a preliminary written request to HOLI HAI, various mediation services may be called upon to resolve any consumer disputes that have not been successfully settled.
We invite you to find out about other means of resolving consumer disputes: https://ec.europa.eu/consumers/odr/main/?event=main.consumer.rights#inline-nav-2
Appendix 1 – Model withdrawal form
MODEL WITHDRAWAL FORM
For the attention of customer service: HOLI HAI, 8 chemin des Demoiselles – 35300 FOUGERES ** Email: hhicc@holi-hai.com
I/we () hereby notify you () of my/our () withdrawal from the contract for the sale of the goods ()/for the provision of services () below: Order no. ()
Ordered on () Received on () :
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
Holi Hai in 7 words
Upcycling: less waste, more character.
Discover us
All You Need to Know
Legal information
Newsletter
- tel : 07 88 08 20 39
- -
- mail : hhicc@holi-hai.com
