T&Cs – General Terms and Conditions of Sale

General Terms and Conditions of Sale

These general terms and conditions of sale (hereinafter the "General Terms") apply to any purchase made by an internet user / natural person (hereinafter the "CUSTOMER") on the website www.hxrcomponents.com (hereinafter the "SITE") from the company 4-FOUR (company managing the HxR Components brand), a SARL registered with the ANNECY Trade and Companies Register under number 979064862, whose registered office is at 37 CHE DE SAISSY 74600 ANNECY- FRANCE Tel: +33 (0)6 32 57 93 95, email: romainolmos@hotmail.com (hereinafter the "SELLER").

IMPORTANT Any order placed on the SITE necessarily implies the CUSTOMER's unreserved acceptance of these general terms and conditions of sale.

Article 1. Definitions

In these General Terms, the terms used below have the following meaning:

"CUSTOMER": means the SELLER's contracting party, who guarantees that they are a consumer as defined by French law and case law. As such, it is expressly provided that this CUSTOMER acts outside any regular or commercial activity.
"DELIVERY": means the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address given when ordering.
"PRODUCTS": means all the products available on the SITE.
"TERRITORY": means international

Article 2. Purpose

These General Terms govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.

The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual terms

Article 3. Acceptance of the general terms

The CUSTOMER undertakes to read these General Terms carefully and to accept them before paying for an order of PRODUCTS placed on the SITE.

These General Terms are referenced at the bottom of every page of the SITE by means of a link and must be consulted before placing an order. The CUSTOMER is invited to read carefully, download and print the General Terms and to keep a copy.

The SELLER advises the CUSTOMER to read the General Terms with each new order, as the latest version of said Terms applies to any new order of PRODUCTS.

By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Terms without limitation or condition.

Article 4. Purchasing products on the site

To purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, be able to prove the consent of their legal representatives.

The CUSTOMER will be asked to provide information identifying them by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of their order on the SITE. DELIVERIES may, where applicable, be tracked using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by email, at romainolmos@hotmail.fr, for information on the status of their order.

The information that the CUSTOMER provides to the SELLER when ordering must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, eligibility and the information provided.

Article 5. Orders

Article 5.1 Product characteristics

The SELLER endeavours to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Terms).

The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.

The SELLER reserves the right to change the selection of PRODUCTS available on the SITE, in particular depending on constraints linked to its suppliers.

Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.

Article 5.2. Ordering procedure

Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's starting page, the steps may differ slightly).

5.2.1. Selection of PRODUCTS and purchase options

The CUSTOMER must select the PRODUCT(S) of their choice by clicking on the relevant PRODUCT(S) and choosing the desired characteristics and quantities. Once selected, the PRODUCT is placed in the CUSTOMER's cart. The CUSTOMER can then add as many PRODUCTS to the cart as they wish.

5.2.2. Orders

Once the PRODUCTS have been selected and placed in the cart, the CUSTOMER must click on the cart and check that the content of the order is correct. If the CUSTOMER has not already done so, they will then be asked to log in or register.

Once the CUSTOMER has validated the content of the cart and logged in / registered, an automatically completed online form will be displayed summarising the price, applicable taxes and, where applicable, delivery costs.

The CUSTOMER is invited to check the content of the order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the payment method and the price) before validating it. The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. For PRODUCTS with available options, the specific references appear once the correct options have been selected. Orders placed must include all the information necessary for the order to be processed properly.

The CUSTOMER must also select the chosen delivery method.

5.2.3. Acknowledgement of receipt

Once all the steps described above have been completed, a page appears on the SITE acknowledging receipt of the CUSTOMER's order. A copy of the order acknowledgement is automatically sent to the CUSTOMER by email, provided that the email address given in the registration form is correct.

The SELLER does not send any order confirmation by post or fax.

5.2.4. Invoicing

During the ordering process, the CUSTOMER must enter the information required for invoicing (the sign (*) indicates the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).

In particular, the CUSTOMER must clearly provide all information relating to DELIVERY, especially the exact DELIVERY address and any access code for the DELIVERY address.

The CUSTOMER must then specify the chosen payment method.

Neither the order form that the CUSTOMER completes online nor the order acknowledgement that the SELLER sends to the CUSTOMER by email constitutes an invoice. Whatever the ordering or payment method used, the CUSTOMER will receive the original invoice on DELIVERY of the PRODUCTS, inside the parcel.

5.3. Order date

The order date is the date on which the SELLER acknowledges receipt of the order online. The lead times indicated on the SITE only begin to run from this date.

5.4. Prices

For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery costs (depending on the weight of the parcel, excluding packaging and gifts, the DELIVERY address and the carrier or method of transport chosen).

Prices include in particular value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS from the date the new rate comes into force.

The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.

The prices of the SELLER's suppliers are subject to change. Consequently, the prices shown on the SITE may change. They may also be modified in the event of special offers or sales.

The prices indicated are valid, barring gross error. The applicable price is the one indicated on the SITE on the date the order is placed by the CUSTOMER.

5.5. Availability of PRODUCTS

Depending on the PRODUCT concerned, the SELLER applies "just-in-time" stock management. Consequently, depending on the case, the availability of PRODUCTS depends on the SELLER's stock.

The SELLER undertakes to fulfil the orders received provided that the PRODUCTS are available.

The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed by the SELLER when a PRODUCT is back in stock.

In any event, if the unavailability was not indicated at the time of ordering, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.

At the CUSTOMER's request, the SELLER may:

Either offer to ship all the PRODUCTS together as soon as the out-of-stock PRODUCTS are available again,
Or make a partial shipment of the PRODUCTS available at first, then ship the rest of the order when the other PRODUCTS become available, subject to clear information about any additional shipping costs that may be incurred,
Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.

If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, they will be refunded all sums paid for the unavailable PRODUCTS no later than thirty (30) days after payment.

Article 6. Right of withdrawal

The terms of the right of withdrawal are set out in the "withdrawal policy", available in Appendix 1 hereto and accessible at the bottom of each page of the SITE via a hyperlink.

Article 7. Payment

7.1. Payment methods

The CUSTOMER can pay for PRODUCTS online on the SITE using the methods offered by the SELLER.

The CUSTOMER guarantees to the SELLER that they hold all the authorisations required to use the chosen payment method.

The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.

It is specified in this respect that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.

7.2. Payment date

In the case of a single payment by credit card, the CUSTOMER's account will be debited as soon as the order for PRODUCTS is placed on the SITE.

In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first parcel is shipped. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms.

7.3. Late payment or refusal of payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.

If, for any reason whatsoever (stop, refusal or other), the transfer of the money owed by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.

Article 8. Proof and archiving

Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the French Consumer Code.

The SELLER agrees to archive this information in order to keep track of transactions and to produce a copy of the contract at the CUSTOMER's request.

In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.

Article 9. Transfer of ownership

The SELLER remains the owner of the PRODUCTS delivered until they have been paid for in full by the CUSTOMER.

The above provisions do not prevent the transfer to the CUSTOMER, upon receipt by the CUSTOMER or by a third party designated by the CUSTOMER other than the carrier, of the risks of loss of or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage they may cause.

Article 10. Delivery

The terms of DELIVERY of the PRODUCTS are set out in the "delivery policy" referred to in Appendix 2 hereto and accessible at the bottom of each page of the SITE via a hyperlink.

Article 11. Packaging

The PRODUCTS will be packaged in accordance with current transport standards in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal policy.

Article 12. Warranties

12.1. Legal guarantee of conformity

The SELLER is required to deliver a PRODUCT that conforms, i.e. fit for the use expected of a similar item and corresponding to the description given on the SITE. This conformity also implies that the PRODUCT has the qualities that a buyer may legitimately expect in view of the public statements made by the SELLER, including in advertising and labelling.

In this context, the SELLER may be liable for any lack of conformity existing at the time of delivery and for any lack of conformity resulting from the packaging, the assembly instructions or the installation where this was its responsibility or was carried out under its responsibility.

Any action resulting from a lack of conformity is time-barred two (2) years after delivery of the PRODUCT.

In the event of a lack of conformity, the CUSTOMER may request replacement or repair of the PRODUCT, as they choose.

However, if the cost of the CUSTOMER's choice is clearly disproportionate compared with the other possible option, taking into account the value of the PRODUCT or the extent of the defect, the SELLER may issue a refund without following the option chosen by the CUSTOMER.

Should replacement or repair be impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT, in exchange for the CUSTOMER returning the PRODUCT to the SELLER's registered office address.

Finally, the CUSTOMER is exempt from proving the existence of the lack of conformity of the PRODUCT during the six (6) months following delivery of the item.

It is specified that this legal guarantee of conformity applies independently of any commercial warranty granted, where applicable, on the PRODUCTS.

12.2. Guarantee against hidden defects

The SELLER is bound by the guarantee for hidden defects in the PRODUCT sold that make it unfit for its intended use, or that so reduce that use that the CUSTOMER would not have purchased it, or would only have paid a lower price, had they known of them.

This guarantee allows a CUSTOMER who can prove the existence of a hidden defect to choose between a refund of the price of the PRODUCT if it is returned and a refund of part of its price if the PRODUCT is not returned.

Any action for hidden defects must be brought by the CUSTOMER within two (2) years of discovering the defect.

Article 13. Liability

The SELLER can in no event be held liable for any non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular when entering their order.

The SELLER cannot be held liable, or considered to have breached these terms, for any delay or non-performance where the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts.

It is also specified that the SELLER does not control websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published on them. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.

Article 14. Personal data

The SELLER collects personal data about its Customers on the SITE, including by means of cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyse orders and, if the CUSTOMER has chosen this option, send them commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.

The CUSTOMER's data is kept confidential by the SELLER in accordance with its declaration to the CNIL, for the purposes of the contract and its performance and in compliance with the law.

CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.

The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have given their prior consent when registering on the SITE.

The SELLER will specifically ask CUSTOMERS whether they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time on the SITE or by contacting the SELLER.

The SELLER may also ask its CUSTOMERS whether they wish to receive commercial solicitations from its partners. In accordance with French law no. 78-17 of 6 January 1978 on data processing, files and freedoms, the CUSTOMER has a right of access, rectification, objection (on legitimate grounds) and deletion of their personal data. They may exercise this right by sending an email to: romainolmos@hotmail.fr or by sending a letter to the address of the SELLER's registered office.

It is specified that the CUSTOMER must be able to prove their identity, either by scanning an identity document or by sending the SELLER a photocopy of their identity document.

Article 15. Complaints

The SELLER provides the CUSTOMER with a "Customer telephone service" on the following number: +33 6 32 57 93 95 (standard rate).

Any written complaint from the CUSTOMER must be sent to the address of the SELLER's registered office.

Article 16. Intellectual property

All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hyperlink to the SITE must request the SELLER's permission in writing.

This permission from the SELLER will in no event be granted permanently. The link must be removed at the SELLER's request. Hyperlinks to the SITE using techniques such as framing or in-line linking are strictly prohibited.

Article 17. Validity of the General Terms

Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Terms, shall not affect the validity of these General Terms. Such a change or decision in no way authorises CUSTOMERS to disregard these General Terms.

Any conditions not expressly covered herein shall be governed in accordance with the customary practice of the retail sector for companies whose registered office is in France.

Article 19. Amendment of the General Terms

These General Terms apply to all purchases made online on the SITE, as long as the SITE is available online.

The General Terms are precisely dated and may be amended and updated by the SELLER at any time. The applicable General Terms are those in force at the time of the order.

Changes made to the General Terms will not apply to PRODUCTS already purchased.

Article 20. Jurisdiction and applicable law

These General Terms and the relationship between the CUSTOMER and the SELLER are governed by French law.

In the event of a dispute, only the French courts shall have jurisdiction.

However, before any recourse to an arbitrator or state court, negotiation in a spirit of fairness and good faith will be favoured with a view to reaching an amicable settlement of any dispute relating to this contract, including its validity.

The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgement of receipt, setting out the elements of the dispute. If after a period of fifteen (15) days the parties have not reached agreement, the dispute will be submitted to the competent court designated below.

Throughout the negotiation process and until its conclusion, the parties shall refrain from bringing any legal action against each other in respect of the dispute being negotiated. By way of exception, the parties are authorised to apply to the summary proceedings judge or to request an order on application. Any action before the summary proceedings judge or any ex parte procedure shall not entail any waiver by the parties of the amicable settlement clause, unless expressly stated otherwise.

APPENDIX 1 - Withdrawal policy

Principle of withdrawal

As a rule, the CUSTOMER has the right to send back or return the PRODUCT to the SELLER or to a person designated by the SELLER, without undue delay and at the latest within ten (10) days of communicating their decision to withdraw, unless the SELLER offers to collect the PRODUCT itself, except for items from Gaya's Barn.

Withdrawal period

The withdrawal period expires ten (10) calendar days after the day on which the CUSTOMER, or a third party other than the carrier designated by the CUSTOMER, takes physical possession of the PRODUCT. If the CUSTOMER has ordered several PRODUCTS in a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period will expire ten (10) calendar days after the day on which the CUSTOMER, or a third party other than the carrier designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.

Notification of the right of withdrawal

To exercise the right of withdrawal, the CUSTOMER must notify their decision to withdraw from this contract by means of an unambiguous statement sent to the address of the SELLER's registered office or to romainolmos@hotmail.fr.

They may also use the form below:

WITHDRAWAL FORM

I hereby give notice of my withdrawal from the contract for the sale of the PRODUCT below:
PRODUCT reference
Invoice no.:
Order form no.:
- Ordered on [____________]/received on [________________]
- Payment method used:
- Name of the CUSTOMER and, where applicable, of the order recipient:
- CUSTOMER's address:
- Delivery address:
- CUSTOMER's signature (except when sent by email)
- Date

To meet the withdrawal deadline, the CUSTOMER must send their communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

Effects of withdrawal

If the CUSTOMER withdraws, the SELLER undertakes to refund all sums paid, including delivery costs, without undue delay and in any event no later than thirty (30) days from the day on which the SELLER is informed of the CUSTOMER's decision to withdraw.

The SELLER will make the refund using the same means of payment as the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means; in any event, this refund will not incur any costs for the customer.

The SELLER may withhold the refund until it has received the item back or until the CUSTOMER has provided proof of having sent the item back, whichever is the earlier.

Return procedure

The CUSTOMER must send the item back to the address of the SELLER's registered office without undue delay and in any event no later than thirty (30) days after communicating their decision to withdraw from this contract.

This deadline is met if the CUSTOMER sends the item back before the thirty-day period has expired.

Return costs

The CUSTOMER must bear the direct cost of returning the item.

Condition of the returned item

The PRODUCT must be returned in accordance with the SELLER's instructions and must include all the accessories delivered.

The CUSTOMER is only liable for any diminished value of the item resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER may test the PRODUCT but may be held liable if they handle it beyond what is necessary.

Packaging

The PRODUCTS are packaged in accordance with current transport standards in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS must comply with the same standards when returning PRODUCTS. To this end, the CUSTOMER is asked to return any unsuitable PRODUCT in its original packaging and in good condition, fit for resale.

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

Supply of goods or services whose price depends on fluctuations in the financial market
Supply of goods made to the CUSTOMER's specifications or clearly personalised
Supply of goods liable to deteriorate or expire rapidly
Supply of sealed audio or video recordings or software that have been unsealed after delivery
Newspapers, periodicals, magazines (except subscription contracts)
Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
Supply of goods which, by their nature, are inseparably mixed with other items
Supply of sealed goods which cannot be returned for health protection or hygiene reasons and which have been unsealed by the CUSTOMER after DELIVERY
Supply of alcoholic beverages whose price was agreed at the time the sales contract was concluded, which can only be delivered after 30 days and whose real value depends on market fluctuations beyond the SELLER's control
Supply of digital content not supplied on a tangible medium if performance has begun with the consumer's prior express consent and the consumer has acknowledged that they thereby lose their right of withdrawal
Contracts concluded at a public auction

APPENDIX 2 - Delivery policy

Delivery area

The PRODUCTS offered can only be delivered within the TERRITORY.

It is not possible to place an order for any delivery address outside this TERRITORY.

The PRODUCTS are shipped to the delivery address(es) given by the CUSTOMER during the ordering process.

Shipping time

The time needed to prepare an order and issue the invoice before shipping PRODUCTS in stock is indicated on the SITE. These times exclude weekends and public holidays.

An email will automatically be sent to the CUSTOMER when the PRODUCTS are shipped, provided that the email address in the registration form is correct.

Delivery times & costs

During the ordering process, the SELLER informs the CUSTOMER of the possible delivery times and shipping options for the PRODUCTS purchased.

Shipping costs are calculated according to the delivery method. These costs are payable by the CUSTOMER in addition to the price of the PRODUCTS purchased.

Full details of delivery times and costs are given on the SITE.

DELIVERY procedure

The parcel will be handed over to the CUSTOMER against signature and on presentation of an identity document.

If the CUSTOMER is absent, a delivery notice will be left so that they can collect the parcel from their post office.

DELIVERY problems

The CUSTOMER is informed of the scheduled delivery date when choosing the carrier, at the end of the online ordering process, before confirming the order.

It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable period, and if delivery does not take place within that period, the CUSTOMER may terminate the contract.

The SELLER will refund the CUSTOMER, without undue delay from receipt of the termination letter, the total amount paid for the PRODUCTS, including taxes and delivery costs, using the same payment method as that used by the CUSTOMER to purchase the PRODUCTS.

The SELLER is responsible until the PRODUCT is delivered to the CUSTOMER. The CUSTOMER is reminded that they have three (3) days to notify the carrier of any damage or partial loss noticed on delivery.