Delivery & Returns
ARTICLE 8: DELIVERY
Checks prior to the validation of the order
Prior to any order and any purchase, the Customer must ensure that each product ordered can be delivered without difficulty and check that the dimensions of the packages and products specified on the product sheet adapt to the constraints specific to his home (elevators , stairs, corridors, landing doors, destination room, etc.). The Customer must therefore take all necessary measures to ensure the smooth running of the delivery.
Any difficulty encountered during the delivery of the products for which the Customer is solely responsible has the effect of charging the Customer the costs of a new delivery of the products and extending the delivery times in the event of stock not being available at the factory.
Delivery terms
The delivery of the products is made to the address indicated by the Customer when ordering.
Delivery delay
HUMANPARIS undertakes to inform the Customer of delivery times.
The delivery times indicated depend in particular on the availability of the products. The delivery times indicated are calculated in working days (except Sundays and public holidays).
Delivery times run from the date of receipt by the Customer of an order confirmation email. In the event of a delivery problem, the HUMANPARIS company undertakes to make its best efforts to keep the Customer informed of the possible overrun of the delivery date.
Checks to be carried out on delivery
The Customer must before signing the delivery note:
Check the apparent condition of the package(s).
Check the condition of the products inside the package(s).
Control the good conformity of the products in relation to the delivery note on the one hand and to the goods ordered on the other hand.
It is therefore the Customer's responsibility to carry out all the necessary checks to judge the conformity of the products upon delivery. This verification is deemed to have been carried out once the Customer has signed the delivery slip.
In the event of anomalies noted during delivery, the Customer must issue the necessary, detailed, legible, and as precise as possible reservations (breakages, damage, non-conformity: Product error, different color and/or dimensions; missing items, etc. .) and refuse delivery of the package(s), giving reasons for the refusal.
For the purposes of these conditions, the delivery will be considered to have been made, or the order will be considered to have been delivered, at the moment when the Customer, or a third party designated by the Customer, will be in physical possession of the products, which will materialize by signing the acknowledgment of receipt of the order to the delivery address that the Customer has indicated in the delivery form.
When the delivery is made by carrier, the Customer must express his reservations on the delivery slip.
In addition, the Customer also has the possibility of issuing any specific reservations concerning the products delivered on the delivery note and returning it to the carrier no later than three days following the date of receipt.
In the absence of specific reservations made by the Customer, the delivery will be presumed to be compliant.
Retention of title and transfer of risk
The transfer of ownership of the products ordered is subject to full payment of their price. This clause does not preclude the transfer of risks related to the products to be borne by the buyer as of their delivery.
ARTICLE 9: RIGHT OF WITHDRAWAL
The HUMANPARIS company intends that those of its Customers who are not satisfied with the items ordered can exercise the right of withdrawal provided for in Article L. 221-18 of the Consumer Code under the best conditions.
Thus, the Customer may exercise his right of withdrawal, without having to justify his decision, up to fourteen (14) days after receipt of the article concerned.
In accordance with article L.221-28 of the consumer code, the right of withdrawal cannot be exercised for orders relating to:
- the supply of goods made to the consumer's specifications or clearly personalized;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
To notify his decision to withdraw, the customer can use the withdrawal form at the bottom of these General Conditions of Sale, or any other unambiguous declaration.
To return the items he has already received, the customer must return the items by post. In this case, the customer must, within fourteen (14) days following the communication of his decision to withdraw, return the article concerned, to the following address: Company HUMANPARIS, 25B rue Gabriel Péri 94290 VILLENEUVE-LE-ROI , France. The direct costs of returning the item will then be borne by the Customer. It will be up to the Customer to provide proof of this return, which assumes that the items must be returned by registered mail, or by any other means giving a certain date, the costs and risks of return remaining the responsibility of the Customer. Reimbursement will take place within fourteen (14) days of receipt by HUMANPARIS of the returned items.
The reimbursement of the sums paid for the returned item(s) will be made, depending on the method of payment for the items, by crediting the customer's bank account corresponding to the credit card used for payment or by bank transfer. to the customer's bank account. Pursuant to article L.221-24 of the Consumer Code, the additional costs paid by the customer and related to the choice of a specific mode of delivery will not be reimbursed.
Furthermore, in the case of a gift, the right of withdrawal remains for the exclusive benefit of the Customer and cannot under any circumstances be exercised by the recipient of the gift.
In all cases, the Customer must return the items delivered in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by the return form duly completed as well as a copy of the invoice. Items returned incomplete, damaged, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used or worn, will not be refunded or exchanged and will be returned to him.
ARTICLE 10: GUARANTEES
The Customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not comply with their order, the customer must inform HUMANPARIS customer service by email and return the items in question under the conditions set out in these General Conditions of Sale.
Notwithstanding the specific warranty conditions given to the customer with the item delivered, the items of the HUMANPARIS company are subject to the warranty conditions provided for by law.
Reminder of Articles L.217-4, L.217-5 and L.217-12 of the Consumer Code and Articles 1641 and 1648, first paragraph, of the Civil Code:
"Article L.217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility. "Article L.217-5 of the Consumer Code:
To be in conformity with the contract, the good must:
1° If it is specific to the use usually expected of a similar item and, where applicable:
if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
"Article L.217-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
"Article 1641 of the Civil Code: The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer does not would not have acquired, or would have given only a lesser price, if he had known them."
"Article 1648 of the Civil Code, first paragraph: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect."
The repair of the consequences of the hidden defect, when it has been proven, includes according to case law:
- either the totally free repair of the item, including labor costs,
- either its replacement or the total or partial refund of its price in the event that the item is totally unusable,
- and compensation for any damage caused to persons and property by the defect of the article.
The HUMANPARIS company offers an after-sales service for its products. The Customer can contact customer service, by email (contact us), or on Instagram @HUMAN_PARIS.
ARTICLE 11: SEVERABILITY OF CLAUSES
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
ARTICLE 12: FORCE MAJEURE
HUMANPARIS will not be held responsible for any non-performance or any delay in the performance of its contractual obligations caused by events beyond its reasonable control (hereinafter the "Force majeure") as defined in article 1218 of the Civil Code and by case law.
It is understood, on the one hand, that the contractual obligations of the company HUMANPARIS will be suspended as long as the case of Force Majeure lasts and, on the other hand, that its execution deadlines with a view to meeting these obligations will be extended for a duration equivalent to that of the case of Force Majeure. The company HUMANPARIS will endeavor as far as possible to put an end to the case of Force Majeure or to find a solution enabling it to perform its contractual obligations despite the case of Force Majeure.
ARTICLE 13: APPLICABLE LAW - DISPUTES
These General Conditions of Sale are governed and interpreted in accordance with French law.
In the event of a dispute relating to the application and/or interpretation of these General Terms and Conditions of Sale, you can contact our Customer Service by clicking on the "contact" link, by email to the following address: humanparis.fr or on Instagram, Monday to Friday (excluding public holidays), from 9:00 a.m. to 5:00 p.m.
You can also use a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with order no. 2015-1033 of August 20, 2015 and implementing decree no. 2015-1382 of October 30, 2015, any dispute or so-called consumer dispute, subject to article L612-2 of the Code of consumption, can be the subject of an amicable settlement by mediation with the CMAP – Center for Mediation and Arbitration of Paris.
To submit a dispute to the mediator, the customer can complete the form on the CMAP website: www.cmap.fr, send their request by simple or registered mail to CMAP Médiation Consumption, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consumption@cmap.fr.
Whatever the means used to enter the CMAP, your request must contain the following elements to be processed quickly: your postal, email and telephone details as well as the name and address of the company HUMANPARIS, a brief statement of the facts, and the proof of prior procedures with HUMANPARIS.
Recourse to mediation is an alternative mechanism which does not constitute a prerequisite for the exercise of a legal action.
WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of HUMANPARIS - Customer Service – 25B rue Gabriel Péri, 94290 VILLENEUVE LE ROI, or via the “Contact us by e-mail” form accessible on the humanparis.fr website
I/We [*] hereby notify you of my/our [*] withdrawal from the contract relating to the sale of the goods [*]/for the provision of the service [*] below
Good ___[reference]_____________
Ordered on [*]/received on [*]: ______________
Name of consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only in case of notification of this form on paper)
Date
[*] Delete as appropriate.