General Terms and Conditions of Sale (GTC)
These General Terms and Conditions of Sale govern the sale of Products marketed by Hinahya Bijoux, a company registered with the French Trade Register under Siren number 478 329 220, RCS Pontoise A 478329220 (hereinafter "HINAHYA BIJOUX"), to any adult individual acting exclusively within the strict framework of their personal needs and making a purchase from HINAHYA BIJOUX.
HINAHYA BIJOUX and the Customer are individually referred to as "a Party" and jointly as "the Parties".
By placing an Order, the Customer expresses their unreserved agreement to be bound by these General Terms and Conditions of Sale by clicking on the box:
"I expressly accept the General Terms and Conditions of Sale and declare that I have read HINAHYA BIJOUX's Privacy Policy."
Article 1: Definitions
This article defines the essential terms contained in these General Terms and Conditions of Sale. Terms whose first letter appears in capital letters will have the meaning assigned to them in this article, whether in singular or plural:
• "General Terms and Conditions of Sale": Refers to these General Terms and Conditions of Sale in their current version, accessible on the Site and accepted by the Customer when validating their Order.
• "Contract": Refers to the sales contract formed between the Customer and HINAHYA BIJOUX, which concerns the sale of Products, concluded when the Order is placed and these General Terms and Conditions of Sale are accepted.
• "Order": Refers to any order for a Product placed by the Customer with HINAHYA BIJOUX via the Site.
• "Consumer": Refers to any natural person who acts within the framework of their strictly personal needs and who places an Order for one or more Products via the Site.
• "Personal Data" or "Data": Refers to any data allowing direct or indirect identification of a natural person, such as name, surname, email address, postal address, telephone, etc.
• "Product": Refers to any product offered for sale by HINAHYA BIJOUX on the Site (including jewelry and accessories).
• "Site": Refers to the website published by HINAHYA BIJOUX accessible at the following URL: https://www.hinahyabijoux.com.
Article 2: Knowledge and Acceptance of the GTC
These General Terms and Conditions of Sale are available on the Site and when placing the Order.
Consequently, the Customer who places an Order with HINAHYA BIJOUX expressly declares having read and accepted these General Terms and Conditions of Sale.
The General Terms and Conditions of Sale constitute the legal basis for the Contracts concluded between the Customer and HINAHYA BIJOUX.
They override any contrary clauses, whether printed or not, proposed by the Customer, provided that they have not been explicitly and expressly accepted by HINAHYA BIJOUX.
By placing an Order for a Product on the Site, the Customer declares having read these General Terms and Conditions of Sale and accepts all the provisions and rules established without any reservation.
Article 3: Order Information
3.1. Conditions for placing an Order
The Customer expressly declares to be at least eighteen (18) years old and to have the necessary legal capacity to place and fulfill any Order or to hold parental authorization allowing them to place and fulfill any Order, and to be able to justify it at any time upon simple request from HINAHYA BIJOUX.
When registering the Customer's personal data in the "My Account" section, the latter must ensure the accuracy and completeness of the mandatory data they provide.
In case of an error in the recipient's contact details, HINAHYA BIJOUX cannot be held responsible for the impossibility of delivering the product. HINAHYA BIJOUX reserves the right to cancel any order when the Customer's IP address is located in a country different from the billing and/or delivery address.
3.2. Product Information
In accordance with the provisions of articles L.111-1 et seq. of the Consumer Code, the Customer may, prior to their Order, consult the essential characteristics of the Product(s) they wish to order on the Site by clicking on the Product, as well as the names of the manufacturers and designers.
HINAHYA BIJOUX undertakes to present its Products fairly and to provide all useful information to its Customers for each Product (standards, use, properties, expected results).
While taking the utmost care in posting information and data available on the Site and updating them, HINAHYA BIJOUX cannot be held responsible for inaccuracies, errors, or omissions that may have crept into the description of the Products provided by the manufacturers and designers of said Products.
Similarly, the photographs and graphics in the digital catalog that illustrate the Products are indicative and are not part of the contractual scope.
In any event, in case of non-conformity of the Product delivered compared to its description on the Site, the Customer may:
• Exercise their right of withdrawal as described in Article VI below.
• Implement HINAHYA BIJOUX's conformity guarantee, which will, if necessary, proceed with the exchange, reimbursement of the price (in whole or in part) eventually invoiced, or the issuance of a credit note corresponding to the price of the Product(s) concerned by the exercise of the right of withdrawal. This credit note will be valid for a subsequent order placed within one year from its issuance.
HINAHYA BIJOUX invites the Customer to refer to the description of each Product to know its precise characteristics.
In case of doubt or if the Customer wishes for additional information, they are invited to contact HINAHYA BIJOUX before placing an Order at the following email address: serviceclient@hinahyabijoux.com.
In any event, when a Product does not comply with or no longer complies with the legislation or regulations in force, or when it is identified as posing a potential risk to people's safety, it may be removed from the Site or temporarily suspended by HINAHYA BIJOUX.
The Products presented by HINAHYA BIJOUX are valid within the limits of available stock.
Article 4: Product Availability
In any event, it is understood and agreed by the Parties that the Product offers presented are valid within the limits of available stock.
In case of total or partial unavailability of the Products after the Order has been placed, HINAHYA BIJOUX undertakes to inform the Customer by e-mail of the delivery of a partial order or the cancellation of their order.
In case of product unavailability, the customer then has the option to:
either be delivered a product of equivalent quality and price;
or be reimbursed for the price of the ordered product by exercising their right of withdrawal as stated in the GTC;
or benefit from a credit note that will be valid for a subsequent order placed within one year from its issuance.
In these circumstances, the delivery costs for a new product will be borne by HINAHYA BIJOUX.
Article 5: Financial Conditions
5.1. Price
For all Products, the Customer will find prices displayed on the Site in euros (€) all taxes included, as well as applicable delivery charges. It is understood that the prices of the Products referenced on the Site are not negotiable.
Prices include, in particular, value-added tax (VAT) at the rate in force on the order date. Any change in the applicable rate may impact the price of the Products from the date the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the value of the Product sold.
As previously indicated, HINAHYA BIJOUX reserves the right not to proceed with the delivery of Products ordered by the Customer if the price has not been paid in full beforehand.
Delivery costs are clearly indicated to the Customer before the Order is placed.
The Customer acknowledges that, depending on the country or overseas department of delivery chosen at the time of order, they may have to pay customs duties and/or import taxes according to the legislation in force in said country or overseas department.
These duties and sums are not the responsibility of HINAHYA BIJOUX; they are therefore the responsibility of the Customer, who is invited to inquire about these aspects with the local authorities.
The total price of the order (including all taxes and shipping costs) is indicated in the shopping cart. It is payable in full and in a single payment at the time of order.
5.2. Payment - Terms
Payment for the Order occurs at the time the Order is placed.
Payment for the Order is made by bank card or via Paypal transfer through the Site.
It is expressly understood between the Parties that HINAHYA BIJOUX may cancel, as of right and without notice, the Order in case of payment default, fraudulent payment, fraud or attempted fraud.
In addition, HINAHYA BIJOUX reserves the right to implement a payment control system.
The Customer must follow the control procedure and not attempt to bypass it; otherwise, the corresponding Order will be considered null and void.
Article 6: Delivery
6.1 Origin and destination
Products may be delivered worldwide.
Products are shipped to the delivery address that the Customer indicated during the Order process.
6.2 Delivery time
HINAHYA BIJOUX undertakes to make its best efforts to ensure that the delivery of the Products is carried out quickly.
The time to prepare an order before shipping Products in stock is 2 to 8 days (working days), except during peak order periods, from the confirmation of the order.
Delivery times are given for information only. HINAHYA BIJOUX cannot be held responsible for the consequences due to a delivery delay not attributable to it.
Delivery times may be modified in the event of unforeseen circumstances.
In any event, HINAHYA BIJOUX endeavors to keep the Customer informed of any shipping delay of which it is aware.
If you have chosen the "tracked letter" delivery method, we assume no responsibility for packages that have been reported as delivered by the carrier. We do not issue refunds or credits for packages confirmed as delivered by the carrier.
6.3 Delivery methods
To ensure fast delivery, the Customer must imperatively provide their postal address and mobile phone number.
In these circumstances, it is expressly understood by the Parties that HINAHYA BIJOUX and the carrier cannot be held responsible for delays or difficulties encountered during delivery:
• if the Customer does not provide a valid and functional mobile phone number;
• if the Customer does not respond to the carrier's requests;
• if the address indicated or the contact details provided by the Customer prove to be inaccurate or imprecise.
If you have chosen the "tracked letter" delivery method, we assume no responsibility for packages that have been reported as delivered by the carrier. We do not issue refunds or credits for packages confirmed as delivered by the carrier.
6.4 Delivery rates
Delivery costs are borne by the Customer and are calculated according to the delivery method and the delivery destination.
The amount of these costs will be due by the Customer in addition to the price of the Products purchased.
Details of delivery times and costs are detailed on the Site, particularly when placing an Order.
6.5 Verification of the received Product and non-conformity
Before opening the packaging of the delivered Product, the Customer must ensure that the received package corresponds to their Order and that the package is delivered in good condition.
Any reservation regarding the delivery of a Product must be reported to HINAHYA BIJOUX.
Without prejudice to the measures to be taken with respect to the carrier, claims for apparent defects or non-conformity of the Product delivered with the Product ordered or the delivery note must be made in writing upon receipt of the Products, by email to the following address: serviceclient@hinahyabijoux.com
In the event of a lack of conformity, HINAHYA BIJOUX will be required to assist the Customer and propose a solution for repair or replacement of the non-conforming Product.
In such a case, HINAHYA BIJOUX will be responsible for the return, at its expense, of the non-conforming Product, provided that it has not suffered additional damage beyond the lack of conformity and that the Product is returned in its original packaging.
In order for the Product to be returned to HINAHYA BIJOUX and for the Customer to benefit from a new delivery, it is imperative that the Customer provides evidence of the Product's non-conformity.
Article 7: Right of Withdrawal
Subject to the exceptions defined in Article L.221-28 of the Consumer Code, the Customer has, in accordance with Article L.221-18 of the Consumer Code, a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal without justification or penalties.
When the fourteen-day period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.
The Customer may exercise their right of withdrawal by email to the following address: reclamation@hinahyabijoux.com
The Customer is invited to use the following withdrawal form proposed by HINAHYA BIJOUX:
Exercise of Right of Withdrawal
To HINAHYA BIJOUX
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Order No.:
Received on:
Customer Name:
Customer Address:
Customer Signature (only if this form is notified on paper):
Date:
In any event, the Customer must return the Product(s) without undue delay and, at the latest, within fourteen (14) days following the communication of their decision to withdraw, to the address that will be provided by email.
The Products concerned must imperatively be returned by the Customer complete, in perfect condition and in their original packaging, placed in a blank box to allow for new commercialization of these Products.
To facilitate the processing of returns, customers are strongly recommended to legibly indicate the initial order number on their return.
HINAHYA BIJOUX reserves the right to refuse any return submitted beyond the legal withdrawal period.
To avoid any dispute, Customers wishing to exercise their right of withdrawal are strongly advised to return their Products under conditions similar to those of the initial shipment, with a declared value corresponding to the price of the initial order, and to keep all proof of their shipment (package number) until full reimbursement of their order.
In accordance with the provisions of Article L.221-24 of the Consumer Code, when the Customer validly exercises their right of withdrawal, HINAHYA BIJOUX undertakes to reimburse them for all sums paid, including standard delivery costs, within fourteen (14) days from the date on which the Customer informed HINAHYA BIJOUX of their intention to withdraw, provided that HINAHYA BIJOUX has recovered the Product(s) or that the Customer has provided formal proof of shipment of said Product.
The reimbursement will be made using the same payment method as for the initial transaction, unless the Customer expressly agrees to another reimbursement method; in any event, this reimbursement will not incur any costs for the Customer.
Article 8: Retention of Title
It is understood between the Parties that HINAHYA BIJOUX retains full and complete ownership of the Products sold until full payment of the price.
These provisions do not prevent the transfer to the Customer of the risks of loss and deterioration of the Products sold as soon as they are delivered.
Article 9: Guarantees
The Customer benefits from the legal guarantee against hidden defects resulting from Articles 1641 to 1649 of the Civil Code and the legal guarantee of conformity of Articles L.217-4 et seq. of the Consumer Code.
In case of a lack of conformity (Product unfit for the use normally expected of a similar Product, which does not correspond to the description given or which does not possess the qualities advertised by Hinahya Bijoux or agreed with the Customer) or a hidden defect of the Product (hidden defect of the Product sold that makes it unfit for its intended use, or that diminishes its use so much that the Customer would not have acquired it, or would have given a lower price for it, had they known about it), and in compliance with the conditions set by law, the Customer may act within a period of two (2) years from the discovery of the defect (Article 1648 of the Civil Code) or from the delivery of the Product (Articles L.217-8 et seq. of the Consumer Code).
In the event of a lack of conformity, the Customer has the choice between repairing the Product or replacing it. However, if this choice entails a manifestly disproportionate cost for Hinahya Bijoux, it may proceed with the option not chosen. If the repair and replacement of the Product are impossible, the Customer may return it and be reimbursed the price of the Product or keep it and be reimbursed a part of the price. The same option is available to them, on the one hand, if the repair or replacement cannot be implemented within one month following their claim or, on the other hand, if the repair or replacement causes them a major inconvenience.
In the event of a hidden defect in the product sold, the Customer may return the product and have the price refunded or keep it and have part of the price refunded.
In the event of a refund, sums paid in cash will be credited to the card used by the Customer to pay for their order.
It is reminded, as needed, that damage, deformations, and destruction of products, as well as breakage and loss of stones, pearls, or other decorative elements, resulting from external forces, shocks, or mishandling, are not covered by this warranty.
Article 10: Personal Data
The information requested from the Customer is necessary for processing the Order and delivering the product.
For more information and/or to exercise their rights, the Customer is invited to consult the Privacy Policy available on the Website.
Article 11: After-sales Service
For any information, complaint, or question related to these General Terms and Conditions of Sale or the Products, the Customer can contact Hinahya Bijoux's After-sales Service, recalling, if applicable, their Order number, by the following means:
Email: serviceclient@hinahyabijoux.com
Article 13: Modifications to the GTC
These General Terms and Conditions of Sale are subject to change.
In the event of modification of these General Terms and Conditions of Sale by Hinahya Bijoux, the contractual relations between Hinahya Bijoux and the Customer will be exclusively governed by the General Terms and Conditions of Sale accepted by the Customer on the date of the Order.
Article 14: Force Majeure
Hinahya Bijoux cannot and will not be held responsible for the non-performance of any of its obligations in the event of a force majeure event, as defined by law and jurisprudence.
Any unpredictable, irresistible, and independent event from Hinahya Bijoux's will is considered a case of force majeure.
Cases of force majeure include, in particular, total or partial strikes hindering the proper functioning of the company or that of one of its suppliers, subcontractors or carriers, as well as the interruption of transport, energy supply, raw materials, equipment or Products from Hinahya Bijoux's suppliers.
Article 15: Tolerance
The fact that Hinahya Bijoux does not at any given time invoke any of the clauses of these General Terms and Conditions of Sale and/or tolerates a breach by the other Party of any of the obligations referred to in these Conditions General cannot be interpreted as a waiver by Hinahya Bijoux to subsequently invoke any of the clauses and/or conditions.
Article 16: Intellectual Property
The pages of the Website, databases, texts, logos, graphics, software, video clips, audio clips, photographs, images, distinctive signs, etc., appearing on the Website may be protected by intellectual property law, notably by copyright, image rights, neighboring rights, database rights, and trademark rights.
Hinahya Bijoux or the various creators of the Products referenced on the Website are the sole holders of the various intellectual property rights to these elements.
As such, it is expressly understood that the use and browsing of the Website does not confer any right to the Visitor over the various aforementioned elements.
Consequently, any copying, reproduction, representation, adaptation, translation, modification, dissemination and/or transformation, in whole or in part, or transfer to another site of these data and contents, without the express written consent of the rights holder, may constitute an infringement of intellectual property rights, liable to legal proceedings.
Article 17: Nullity
If a clause or stipulation of these General Terms and Conditions of Sale is deemed null, unwritten, unenforceable, or inapplicable, said clause or stipulation will be deemed severable and will not invalidate the other clauses and stipulations.
Article 18: Applicable Law & Mediation
French law alone is applicable to the relations between the Parties, subject to the mandatory rules applicable in the Customer's country of residence.
Any dispute relating to the interpretation or execution of these will be under the jurisdiction of the French courts.
In the event of unresolved disputes between Hinahya Bijoux and the Consumer, the Consumer may refer the matter to the consumer mediator.
Before contacting the consumer mediator, the Consumer must have already attempted to resolve their dispute directly with Hinahya Bijoux by a written complaint or have made a complaint according to the terms of the concluded contract.
Consumer mediation is an out-of-court settlement of consumer disputes.
If the conditions are met, consumer mediation will take place according to a precise process and current texts.
The procedure is free for the consumer (R612-1 of the Consumer Code).