GENERAL TERMS AND CONDITIONS OF SALE

Any online purchase on the "haulotte-boutique.com" website is subject to prior review and acceptance of the following general terms and conditions of sale

1. DEFINITIONS

  • Merchandise: merchandise of any nature proposed for sale (e-commerce services) on the Website.
  • Customer: an individual (natural person) placing the order of full legal capacity.
  • Order: an undertaking to purchase all Merchandise selected by the customer through the Websites' e-commerce services.
  • Website: Website pages produced by HAULOTTE GROUP accessible at the online addresses, "boutique-haulotte.com" and "haulotte-boutique.com".

 2. INTRODUCTORY COMMENTS

These General Terms and Conditions of Sale (hereafter the "GTCs") apply exclusively to any Customer and the company HAULOTTE GROUP whose registered office is located at La Péronnière, 42152 L’Horme, registered in Saint-Etienne (France) (RCS No. 332 822 485 ) (hereafter the "Seller").

The GTCs are applicable without restrictions or limitations to all Merchandise proposed for sale on the Website.

Any Order on the Website is subject to prior consultation and unconditional acceptance by the Customer of these GTCs and the rates in force.

By confirming an Order through the procedure proposed on the  Website you accept these GTCs.

These GTCs shall prevail and take precedence over any other document.

 3. CREATION OF A CUSTOMER ACCOUNT

Placing an Order for Merchandise through the Website requires the prior creation of a customer account.

Any Customer of legal age is free to create a customer account at no cost in the section "Create Your Account"

A customer account is created by completing the personal identification data on the online form provided for that purpose.

This account is strictly personal and is used to identify the customer before validating each Order.

When creating a customer account, the Customer enters the data for identification purposes under his or her full responsibility, control and direction. In completing this form, the Customer furthermore undertakes to provide complete, accurate and up-to-date information, and not to usurp the identity of a third-party or to conceal or modify his or her age.

The Customer chooses his or her identifier (email) and password when creating a customer account.

If the identifier chosen is already assigned, the system will invite the person to select a another identifier.

The identifiers and passwords are personal and confidential. The Customer has full responsibility for the identifiers and password.

The Customer undertakes to maintain the secrecy of these items and not to disclose them under any circumstances whatsoever and to any party.

If the Customer has a suspicion that the identifier and password is used by a third-party, he or she must immediately notify HAULOTTE GROUP in order to change the password and/or elect to close his or her account.

HAULOTTE GROUP reserves the right to close any customer account and refuse in consequence any sale to the Customer in the following cases:

  • Non-payment of one or more prior Orders,
  • Wrongful, unfair or fraudulent use of the service for placing Orders provided on the Website or failure to comply with any of the obligations of the Customer as defined in the GTCs.

 In this case, HAULOTTE GROUP sends an email to the Customer concerned at the address provided by the latter when creating the customer account, informing him or her that his or her identifier and password has been deactivated and the account closed.

In general, the Customer is informed that his or her account may be closed following the first request by the Customer sent by email to HAULOTTE GROUP.

 4. CHARACTERISTICS OF THE MERCHANDISE

Merchandise available for sale is that which is presented on the Website. Offers are valid only for as long as they are visible on the Website.

They are proposed within the limits of availability displayed on the Website.

HAULOTTE GROUP reserves the right to withdraw from sale at any time, any Merchandise present on the Website or to replace or modify any information relating to Merchandise presented on the Website.

In the event that certain Merchandise is unavailable after the Order has been placed, the Customer will be informed accordingly.

The characteristics of Merchandise sold on the Website (photographs, graphic representations and descriptions of the Merchandise, etc.) is purely indicative and also subject to change. Only the visual representation of the Merchandise displayed at the time of the Order should be taken into account by the Customer. The characteristics and visual representations are non-contractual.

In the case of errors or omissions relating to a description of the Article, HAULOTTE GROUP's liability is limited to reimbursing reasonable shipping expenses incurred by the Customer for returning the Merchandise.

 5. PRICES OF THE MERCHANDISE

Prices on the Website are displayed in euros, and include all taxes, with the exception of order processing and shipping costs. They include the VAT and reductions that may apply on the date of the Order. Any new taxes or levies may be added onto the sale price of the Merchandise.

The prices for Merchandise are understood as excluding shipping-related costs (carriage, packing and preparing the package according to amounts in force). The amount of shipping costs is indicated on the Website before the Order is accepted.

HAULOTTE GROUP reserves the right to make changes to the prices of Merchandise at any time, and the amounts invoiced for Merchandise are based on the rates in force at the time each Order is accepted.

The amount invoiced for the price of the Merchandise is accordingly the amount indicated when the Order is placed.

HAULOTTE GROUP RETAINS FULL TITLE OF THE MERCHANDISE UNTIL COMPLETE PAYMENT OF THE PRICE, WHICH THE CUSTOMER HEREBY ACKNOWLEDGES AND ACCEPTS.

6. PAYMENT OF THE ORDER

The amount invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email.

The Order is payable immediately, by bankcard (the list of eligible cards is displayed during the purchasing process).

The Customer will receive a copy of the invoice included in the package. He or she may also request a copy at any time by email from the customer service department.

Transactions made on the Website are processed through the "BN Paribas Atos SIPS" secure online payment platform. These transactions are secured and encrypted according to a specific module provided by the bank.

7. TERMS OF DELIVERY

The Customer will receive an Order number by email confirming that it has been effectively processed. The Customer will be informed of the different stages of advancement of his or her order by email.

The Customer is notified by email of shipments at the email address recorded in his or her customer account.

Merchandise ordered will be delivered within a maximum period of 30 calendar days from the date the Order is registered, subject to payment of the full price.

Several delivery options are available to the Customer at the latter's costs.

Through the shipment number, the customer can track the status of the shipment of his or her package on the website of the carrier selected by the Customer.

The Customer is informed that it is his or her responsibility to provide all necessary details to ensure the shipment of the Order and its successful delivery (access codes, information for access for example).

If the Customer is absent at the time of delivery, a delivery advice notification is left informing the Customer of the terms and conditions for holding the package and its collection, subject to the full and exclusive responsibility of the carrier.

If the delivery address completed by the Customer is not valid and results in the package's return resulting from failure to making the delivery at the address provided, the costs of shipping the package to the new address provided will be charged to the Customer.

A delivery slip is included in the package providing a summary of the Merchandise ordered and actually delivered.

The Customer assumes sole and exclusive responsibility for the risks relating to the Merchandise as from delivery.

8. DELIVERY TERMS

The Merchandise is delivered to the delivery address indicated by the Customer when the order is placed on the date indicated at the time of the Order and according to the country of delivery.

HAULOTTE GROUP takes all possible measures to deliver the Order according to the established deadline by the type of transport selected and undertakes to ensure a maximum delivery period of 30 calendar days.

In the event of delivery delay of more than a maximum of seven business days, the Customer may contact HAULOTTE GROUP by email to require execution of the delivery within a reasonable additional period of time. If this new delivery date is not respected, the Customer may request HAULOTTE GROUP by email to cancel his or her Order.

The contract and accordingly the sale will be considered cancelled upon reception by HAULOTTE GROUP of an email or letter whereby the Customer informs it of its decision, except if the delivery is completed between the date the letter or email of the Customer is sent and received.

In such case where the Order has been definitively cancelled, the Customer shall be refunded the price paid for the Order within 14 calendar days following the cancellation, confirmed by email.

If the Customer receives the package after cancellation of the Order, HAULOTTE GROUP will refund the Merchandise and the costs of its return, after receiving all the Merchandise in their perfect original condition.

Every delivery is considered completed when the package has been made available to the Customer, notably by the carrier, evidenced by the shipment tracking system used by the carrier.

If the package is damaged or the Merchandise does not correspond to the Customer's Order, the Customer must initiate the procedure described below in article 9 on returns within 30 calendar days.

If delivery by a carrier requires scheduling a delivery time with the Customer, the carrier will contact the Customer in a timely manner to set a time for delivery, no later than 30 calendar days from the date of the order's acceptance.

HAULOTTE GROUP may not be held liable for delivery delays resulting exclusively from the Customer's non-availability after the carrier has proposed several delivery times.

If in connection with a single Order, the delivery dates of more than one Merchandise items are different, the delivery date is based on the latest date relative to the order date.

9. RETURNS

If a Merchandise is delivered that does not correspond to the Customer's Order or in the case of a defect resulting from transport, the Customer may return the Merchandise to HAULOTTE GROUP according to the procedure provided for below.

The Customer must contact without fault the customer service Department of HAULOTTE GROUP no later than 14 calendar days following the shipment of his or her Order in order to notify it of the return of any item of Merchandise and specify if he or she wishes an exchange or a refund.

Any claim made after this deadline cannot be accepted and HAULOTTE GROUP shall be discharged of all liability.

The Merchandise must without fault be returned properly protected in its original packaging (packaging having been opened with care shall not be considered as damaged packaging) in perfect condition for resale (unspoiled, undamaged, unused, not having been soiled or cleaned by the Customer) and accompanied by all corresponding accessories, as the case may be, user notices and documentation, to the address indicated in the original sales invoice, a copy of which the Customer shall retain.

Packages for which sender's identity cannot be determined by means of any of the items enclosed therewith (order number, last name, first name, address), cannot be taken back.

HAULOTTE GROUP assumes the costs for returns: to this purpose, the Customer must enclose the shipping expense vouchers for amounts paid. The Customer will return the Merchandise in their original packaging to the following address:


HAULOTTE GROUP Service Boutique / retour marchandise

Quartier Serve Bourdon

42420 LORETTE France

Any return which is not in compliance (in particular without the shipment cost of voucher) will be rejected and HAULOTTE GROUP shall be discharged of all liability

After the returned Merchandise has been verified, HAULOTTE GROUP undertakes to replace the returned Merchandise as soon as possible and no later than thirty (30) calendar days after reception of the return package, by bank transfer to the bank account or payment account of the Customer used for the payment of the Merchandise.

The voucher for shipping cost paid by the Customer must be enclosed with the package and in the absence of which, the customer may not demand a refund.

10. RIGHT OF WITHDRAWAL

In accordance with legal provisions in force, the Customer has 14 days from the date of reception of the Merchandise to exercise a right of withdrawal, without being required to justify the reasons or pay any penalties. After notifying his or her decision to exercise this right of withdrawal within this 14-day period, the Customer will then have another 14 day period to send the Merchandise concerned by the withdrawal.

The Merchandise shall be returned at the Customer's expense to the following address:

HAULOTTE GROUP Service Boutique / retour marchandise

Quartier Serve Bourdon

42420 LORETTE France

The Merchandise must without fault be returned properly protected in its original packaging (packaging having been opened with care shall not be considered as damaged packaging) in perfect condition for resale (unspoiled, undamaged, unused, not having been soiled or cleaned by the Customer) and accompanied by all corresponding accessories, as the case may be, user notices and documentation, to the address indicated in the original sales invoice, a copy of which the Customer shall retain.

Packages for which the sender's identity cannot be determined by means of any of the items enclosed therewith (order number, last name, first name, address), cannot be taken back. The expenses and risk associated with the merchandise's return are borne by the Customer.

If the right of withdrawal is not exercised within the period specified above, only the price of the Merchandise purchased and the initial shipping costs whereas the costs of its return shall be borne by the Customer.

After verification of the returned Merchandise has been completed, HAULOTTE GROUP undertakes to refund the Customer in full for amounts paid for the Order, including shipping costs (according to the standard shipping rate) as soon as possible and no later than thirty (30) calendar days after reception of the returned package, by bank transfer to the bank account or payment account of the Customer used for the payment of the Merchandise.

11. WARRANTIES

Merchandise not in conformity with the information provided when presented on the Website will be replaced or refunded according to the availability of the Merchandise on the Website and the Customer's wishes, in compliance with the procedure provided for by article 9 of these GTCs.

 12. LIABILITY DISCLAIMER

HAULOTTE GROUP reserves the right to make changes to the information contained in this Website at any time and without notice.

HAULOTTE GROUP undertakes to describe the Merchandise sold on the Website with the utmost accuracy and ensure under the best conditions possible that information provided is updated.

However, HAULOTTE GROUP cannot guarantee the accuracy, exactitude or completeness of the information made available to Customers within this Website.

In the case of immaterial differences between the photos presenting the Merchandise on the Website, the descriptions and illustrations and the Merchandise ordered, HAULOTTE GROUP may not be held liable.

HAULOTTE GROUP's may not incur any liability for any breach of one of its contractual obligations resulting from unforeseeable circumstances or force majeure established under French case law.

In particular HAULOTTE GROUP shall not be held liable for any non-fulfilment or delayed fulfilment of the Orders resulting from force majeure as defined by the French courts.

The performance of the GTCs shall be suspended for the duration of the force majeure and the performance and delivery periods will be extended for the same duration. HAULOTTE GROUP shall endeavour, insofar as possible, to put an end to the force majeure or find a solution permitting it to perform its contractual obligations despite the force majeure.

HAULOTTE GROUP is liable solely for direct damage foreseeable at the time the Website was used or when the contract of sale with the Customer was executed, excluding all indirect financial losses or contingent damage.

13. COOKIES

Haulotte Group may automatically install cookies used to record website browsing information which is under no circumstances is associated with the Internet user's name.

The Internet user may decline to accept the use of cookies by configuring the browser according its user instructions.

 14. PROTECTION OF PERSONAL DATA

To better respond to Customer expectations and when consulting the Website, HAULOTTE GROUP may collect information about the Customer that may involve the automatic processing of personal data.

This information provided is necessary to process the Customer's requests and is destined to be used exclusively for administrative purposes by HAULOTTE GROUP.

In accordance with the French Data Protection Act of of 6 January 1978, the Customer has a right of access, correction and objection concerning his or her personal data that may be exercised by writing to HAULOTTE GROUP at the following address: HAULOTTE GROUP, Service Boutique, Quartier Serve Bourdon, 42420 Lorette, France.

15. INTELLECTUAL PROPERTY

The content (in particular, data, information, illustrations, logos, trademarks, etc.) appearing or available on the Sites are protected by copyright and other intellectual property rights and are the exclusive property of their respective developers-publishers. All copies, reproductions, representations, adaptations, alterations, modifications, distribution, in full or in part, of the Website's content by any process whatsoever is unlawful. Items presented on the Websites may be subject to change without notice and are provided without any warranties of any nature, explicit or implicit, and shall not confer any rights whatsoever to claims for compensation or payment of damages. The logos constitute registered trademarks.

16. MODIFICATIONS OF THE GTCs

In light of possible changes to the Website and also regulation, HAULOTTE GROUP reserves the right to modify the GTCs at any time.

The new GTCs will, in such cases, be made available for the information of the Customer by modifications online and apply only to those sales made after the modification.

17. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

The original French-language version of these present GTCs (“Conditions Générales of Vente”), provided here in English in an unofficial translation for the convenience of English speakers, are governed by French law.

Any disputes arising with respect to their validity, interpretation or execution shall be referred to the Commercial Court of Saint-Etienne (France) that has expressly been granted exclusive jurisdiction.

 

Translation disclaimer: These general terms and conditions of sale represent a nonbinding translation of the original French-language version of the “Conditions Générales of Vente” (CGV) provided for the convenience of English speakers. As such, it must be read in conjunction with and construed in accordance with French law and in the event of any discrepancy between the English translation and the French original, only the French original shall prevail and be binding.