GTC

1. INTRODUCTION

This document (and any documents referred to below) sets out the terms and conditions for the use of this website (www.hommecartel.com) and the terms and conditions for the purchase of products through it (the "Terms"). Please read these Terms, our cookie policy and our privacy policy (the "Data Protection Policies") carefully before using this website. By using this website or placing an order on it, you agree to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, please do not use this website. These Terms are subject to change. If you have any questions about the Terms or the Data Protection Policies, please contact us by completing the form provided in the "Contact Us" section. The Purchase Agreement between us (the "Agreement") may be entered into, at your option, in English or French, in which case the Terms are available on this website.

2. LEGAL NOTICE AND SCOPE OF APPLICATION

This site is published by the company SAS PRO PARTNERS registered in the French Trade and Companies Register (82362825000016) and whose registered office is in Narbonne (France), Chemin de Bougna 11 100 Narbonne. This site is hosted by Shopify.The functions of director of the publication of this site and responsible for its writing are exercised by the manager Adrian Bartaccioni, www.hommecartel.com is free access to any Internet user. Its purpose is the online sale of jewelry, accessories and leather goods to non-trading individuals

3. YOUR DATA AND YOUR VISITS TO THE WEBSITE

The information or personal data you provide will be treated in accordance with the Data Protection Policies. By using this website, you consent to the processing of such information and contact details and you declare that all information or contact details provided are true and accurate.

4. USE OF OUR WEBSITE

By using this website and placing orders on it, you agree to:

1) Use this website only for the purpose of making legally valid inquiries or placing orders.

2) Not place false or fraudulent orders. If we have reason to believe that such an order has been placed, we will be entitled to cancel it and notify the appropriate authorities.

3) Provide us with your true and accurate e-mail address, mailing address and/or other contact information. You also authorize us to use this data to contact you in connection with your order, if applicable (see our Privacy Policy). You will not be able to place an order if you do not provide us with all the required data. By placing an order on this website, you represent that you are over the age of 18 and have the legal capacity to enter into contracts.

5. AVAILABILITY OF SERVICES

The delivery service for the products offered on this website is available in the USA, Australia and France.

6. VALIDATION OF THE CONTRACT

To place an order, you must follow the online purchase procedure and click on "Authorize Payment". You will then receive an email confirming that your order has been processed (hereafter the "Order Confirmation"). You will also be informed by email when your order has been shipped.

7. DESIGN AND DELIVERY

a) Delivery times

The products leave our offices for the homes. Please note: the delivery times indicated in the Delivery tab are an average estimate. However, please note that we are working to ensure that your order is delivered as soon as possible. If your order has not been received within 30 days of shipment (longer for some countries, please contact customer service to find out more), please send an e-mail to contact@hommecartel.com so that we can offer you a solution: a refund of your purchase or a re-delivery of your package. A fixed fee of 7€ euros will be applied to the customer for the delivery of orders for an amount less than or equal to 200€.  The orders are delivered by carriers 10 days from the receipt of the shipping email sent by the seller. Once the package has been shipped and the shipping e-mail sent to the customer, it will be impossible for him to change his delivery address. Once the order is placed on the present site, if the customer has made an error in the selection of his options, the amount due by the merchant site will be offered in the form of a credit note to be claimed on the site, within a period of two to three months.

b) Apparent defect

The customer undertakes to verify the conformity of the product to his order upon delivery. Any error of delivery compared to the order or apparent defect will have to be the subject of a complaint, within 14 clear days as from the delivery. After this period, the product will be deemed to have been received by the customer, who will no longer be able to claim a delivery error or an apparent defect. In case of apparent defect, please contact the after-sales service at contact@hommecartel.com who will propose a solution. In case of refusal of the proposed solution, the customer, if he wishes it, will be able to send back on product at his expenses within 14 days to the address transmitted by the Customer Service.

c) Damages and partial losses

In accordance with the article L 133-3 of the code of trade, the reception of the transported objects extinguishes any action against the carrier for damage or partial loss if in the three days, not including the public holidays, which follow that of this reception, the recipient did not notify to the carrier, by registered letter, its justified protest. Claims related to the transport of the products must therefore be noted on the transport document, then confirmed to the carrier and the publisher by registered letter with acknowledgement of receipt within three clear days from receipt of the products, otherwise the reservations and claims will be barred.

d) Return to sender

In the event that the customer has made a mistake in entering his postal address or has not collected the package -at the end of the period initially announced by the sender- from his post office within 15 days after the passage of the letter carrier and the package is therefore returned to sender, the customer must contact customer service at the following address: contact@hommecartel.com.

Three solutions will be proposed:

1) The customer wishes to wait for the shipper to receive the package - 1 to 2 months - the sum of 5€ will then be asked for the return;

2) The customer does not wish to wait for the return of the package, the sum corresponding to the shipping costs will then be asked to him in order to receive his order;

3) The customer can also ask for the refunding of his order, however the shipping costs will remain at his expense

8. PRE-ORDERED PRODUCTS

Pre-ordered products posted on the web page as "Pre-orders" may be subject to longer delivery times than other orders. These delivery times will be mentioned on the website, but the products will in any case be delivered within a maximum of 30 days from the date of the Order Confirmation. You have the right to withdraw from the contract within 14 days from the date on which you or a third party other than the carrier you have appointed takes physical possession of the products without giving any reason.No discount code, voucher is cumulative, in case of promotional action generalized on the website.

9. PRICES AND PAYMENT

The prices indicated on the site are in Euros, all taxes included, excluding delivery costs. These prices can be modified at any time by the editor, the posted prices being valid only at the day of the order and do not carry effect for the future. The delivery costs will, in any case, be indicated to the customer before any final payment. The Internet user can place an order on the present site and can make his payment by credit card. Payments by credit card are made through secure transactions provided by the service provider: Hipay. Within the framework of the payments by bank card, the editor of the present site does not have access to any data relating to the means of payment of the user. The payment is made directly to the secured providers.

10. EXCHANGE / RETURN / GUARANTEE POLICIES

1) Customer service

The customer service of the present site is accessible 5/7d from 10am to 7pm by e-mail at the following address: contact@hommecartel.com

2) Right of withdrawal

In accordance with the legislation in force, consumers have a period of 14 days from the date of receipt of the parcel to ask for an exchange, a credit note or a refund. In order to exercise this right, it is up to them to return (at their own expense) the parcel to the company's return center, accompanied by a document to be filled out by the customer service department. Please contact the relevant department to obtain the return address at: contact@hommecartel.com. 

3) Exchange and refund solutions

If the model is not suitable, it can be returned for exchange, credit or refund. Only the earrings cannot be exchanged or refunded for hygiene reasons. If the exchange is desired by the customer, it can be done only once. The new product can neither be refunded nor exchanged. In case of error made by the customer when placing the order, the latter can contact the customer service for rectification of the order form. Any request to modify the order form must be sent to the customer service before the date and notification of delivery of the ordered products. If an error is made by the customer and a modification must be made, the customer will be responsible for all costs of returning the products. Any amount due by the company after regularization will be paid to the customer in the form of credit or discount code to be used on this site within a minimum period of 1 month. The customer will nevertheless have the possibility of returning his products to the return center in order to obtain a refund of his products. In case of exchange with a product of lower value, the difference will be refunded within 30 days. To benefit from these guarantees, you just need to contact the customer service at this address: contact@hommecartel.com. Any personalized product will not be taken back or exchanged. When a promotion is carried out on our website www.hommecartel.com, if the customer wishes to return an article of his order, he has a period of 14 days from the reception of the product. On the other hand, if the sum of the products kept by the customer corresponds to a lower discount level than the purchase level, the refund will be made up to the price of the product after application of the discount at the time of purchase minus the difference in the price of the other products with the purchase level and the level after return of the product.

For example, this is a 10% discount for a 100€ purchase, 20% discount for a 200€ purchase and 30% discount for a 300€ purchase. If the customer orders two products, A (119€) and B (199€), the discount applied is 30%. The customer will pay 83,3€ for the A and 139,3€ for the B. However, if the customer wishes to return the B, then the discount will be reduced to 10% for the A (i.e. 107.1€). Therefore, the customer will be refunded 139,3 - (107,1-83,3) or 115,5€.

Digital gift cards are not refundable but are subject to a credit on the website if the customer wishes to return the product.

4) Refunds

The refunded amounts correspond to the price of the returned products as well as the shipping costs paid at the time of the order if the refund concerns the whole order. Our refund period is 30 days after receipt of the returned products. The customer will be reimbursed via the payment method used during the order. All returns must be complete (packaging, accessories), and the returned products must not be soiled or damaged.

5) Delivery delay

The time indicated in the Delivery tab is an average estimate. However, please note that we are working for a delivery as soon as possible and if your order has not reached you within 30 days from the shipment of your package, thank you to send an e-mail to contact@hommecartel.com so that a solution is proposed to you: the refund of your purchase or the restart of your package. In such a case, the customer undertakes not to take legal action against the site and its publisher and waives the right to take advantage of the resolution of the sale provided for in this article.

6) Guarantee

All the products sold on this site are marketed in compliance with the legislative and regulatory provisions in force and benefit from all the approvals necessary for their marketing. The mandatory displays required by the legislative and regulatory provisions in force will be made on this site, and in particular in the summary estimate of the order and the description of each article. All products belonging to the category EARRINGS are neither exchangeable nor refundable.

11. INTELLECTUAL PROPERTY, DOMAIN NAME AND WEBSITE

You acknowledge and agree that all copyrights, trademarks and other intellectual property rights in all information or content on this website shall be, at all times, reserved. You may only use such information to the extent that you are expressly authorized to do so by us or by the licensor. All the elements constituting the present site belong to the editor and are as such protected by the legislation relating to the intellectual property. Internet users therefore acknowledge that, in the absence of authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even if modified, may give rise to legal proceedings against you by the publisher. This protection will cover all textual and graphic content of the website, as well as its structure, name and graphic design.

12. VIRUSES, PIRACY AND OTHER COMPUTER DELIBERIESY

You must not misuse the website by intentionally introducing viruses, Trojan horses, worms, logic bombs and other malicious or technologically harmful devices. You must not attempt to gain unauthorised access to this website, the server on which this website is hosted or any server, computer or database connected to our website. You agree not to attack this website by means of a denial of service or distributed denial of service. Any violation of this clause is a criminal offence under the applicable regulations. We will notify the appropriate authorities of any such violation and cooperate with them in discovering the identity of the hacker. Also, in case of breach of this clause, you will immediately cease to be authorized to use this website. We shall not be liable for any loss or damage resulting from a denial of service attack, virus or other technologically harmful or malicious device or material caused to your computer, equipment, data or information on account of your use of this website or your downloading of files from this website or files from other sites to which this website has directed you.

13. LINKS ON OUR WEBSITE

If our website contains links to other websites and data of third parties, these links are provided for information purposes only and we have no control over the content or data of these sites. Accordingly, we disclaim any responsibility for any loss or damage resulting from the use of such links.

14. PROTECTION OF PERSONAL DATA

The Customer is informed and accepts that his or her personal data may be collected on the Site and used by HOMME CARTEL, which acts as a data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such dataHomme Cartel undertakes to protect and ensure the security and confidentiality of the personal data of its Customers in accordance with the GDPR, in particular by taking all useful precautions to prevent that these data are deformed, damaged or that unauthorized thirds have access to it. Customer personal data is collected for the following purposes: processing Orders; informing Customers about commercial offers and information related to the brand; reinforcing and improving the communication of the Web site and the brand by sending, in particular, newsletters and special offers according to the Customer's preferences noted on the Web site; improving and personalizing the services offered to Customers; complying with legal and regulatory obligations. Customer personal data is only kept for the time strictly necessary to fulfill the purposes previously stated. In accordance with the RGPD, the Customer has a right of access, of correction and opposition to the personal data relating to it (hereafter the "Data-processing Rights and Freedoms").to exert one or more of the Data-processing Rights and Freedoms, the Customer must address a request by email or mail to the Customer service of Homme Cartel, by filling the form of contact located on the site.the answer to the request exerted on the basis of one or more Data-processing Rights and Freedoms will be addressed within a 2 months deadline according to the reception of the request.

15. COOKIES

This section " COOKIES " allows to know more about the origin and the use of the navigation information treated during the consultation of our Site and about the rights of the users. Thus, during the consultation of the Homme Cartel Site, information relative to the navigation is likely to be recorded in files "Cookies" installed on the terminal of the user (computer, tablet, smartphone, etc.). Only the issuer of a cookie is likely to read or modify the information contained in it. Several possibilities are offered to the user to manage the cookies. The user can configure his navigation software so that cookies are saved in his terminal or, on the contrary, that they are rejected, either systematically, or according to their issuer.The user can also configure his navigation software so that the acceptance or refusal of cookies is proposed punctually, before a cookie is likely to be saved in his terminal.

16. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS

We have the right to revise and amend these Terms at any time. You are subject to the terms and conditions in effect at the time you use this website or place an order, unless we are required by law or competent authority to change these terms and conditions or the privacy policy retroactively. In that case, any changes will also apply to orders you have previously placed.

17. APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products on this site shall be governed by French law. Any dispute arising out of or relating to the use of the site or said Contracts shall be subject to the non-exclusive jurisdiction of the French courts. The provisions of this clause do not affect your rights as a consumer under applicable law.

18. COMMENTS AND SUGGESTIONS

Your remarks and comments are always welcome. You can send them to us using the contact form.