General terms and conditions of sale
Preamble: The following provisions establish the general terms and conditions of sale of the products offered by HIPANEMA on its website at the following address: www.hipanema.com, also accessible via the following URLs https://www.hipanema.com/fr/et https://www.wild-shop.com/fr/ (hereinafter referred to as "the Site"). HIPANEMA is a limited liability company with a capital of €1,000 whose registered office is located at 58 Rue Charlot 75003 Paris and is registered with the Paris Trade and Companies Registry under the number 750 123 291 00015 and VAT: FR 52750123291. The Hipanema company is composed of the brands HIPANEMA and WILD.
The Site https://www.wild-shop.com/fr/ offers fashion accessories and ready-to-wear items for sale.
The company HIPANEMA and in particular the brand WILD declines responsibility for any direct or indirect damage, whatever the cause, origin or nature, as well as for the consequences of any nature that may be caused by the possible fraudulent intrusion of a third party on this site, the impossibility of accessing it, its use, and the credit given to any information coming directly or indirectly from this site.
Any order of a product offered on the Site implies the consultation and express acceptance of these general conditions of sale and withdrawal, manifested by checking the box "I have read the general conditions of sale and withdrawal and I adhere to them without reservation".
The company HIPANEMA and in particular the brand WILD makes it impossible to sell products without having previously accepted without reservation, the clauses below.
OBJECT: The present conditions aim at defining the methods of sale between the company Hipanema and in particular the mark WILD and the customer, of the order to the services, while passing by the payment and the delivery. They regulate all the steps necessary for the placing of the order and ensure the follow-up of this order between the contracting parties.
They apply without restriction or reservation. HIPANEMA and in particular the brand WILD reserves the right to modify them at any time and without notice. In this case, the applicable conditions will be those in force at the date of the order by the customer.
PRODUCTS: HIPANEMA's mission is to offer for sale its own jewelry and other fashion products and accessories within the limits of available stocks. The products are those listed for sale on the day of consultation by the user. When the product is unavailable, it is displayed on the site, otherwise, in the event of an error, Hipanema undertakes to inform the customer by e-mail as soon as possible. If the product has already been paid for, HIPANEMA undertakes to refund the price of the article to the customer. The products offered for sale are described and presented with the greatest possible accuracy. However, HIPANEMA cannot be held responsible for any errors or omissions in this presentation. The photographs and texts illustrating the products are not part of the contractual field.
PRODUCT PRICES: The prices are indicated in Euros, including VAT. They take into account the French V.A.T., applicable on the day of the order. If the VAT rate were to be modified, these changes would be reflected in the price of the articles. Hipanema reserves the right to modify its prices at any time. However, these prices cannot be modified once the order has been validated. The prices indicated do not take into account shipping costs, which will be added to the total of the order and will be specified to the customer when the order is finally confirmed.
The products remain the property of HIPANEMA until full payment is received.
The marketing and delivery of products is not limited to any territory. In the event of an order to a country other than metropolitan France, the customer is solely responsible for verifying the possibility of importing the products ordered with respect to the law of the territory of delivery as well as the payment of any customs duties, taxes and other fees.
The products and services offered by HIPANEMA are presented on the Site in French. Foreign-speaking customers place their orders with full knowledge of the facts, and may not assert their lack of linguistic knowledge in any way whatsoever.
- REGISTRATION OF AN ORDER: The customer who places an order directly on the Site must follow the following procedure: Choose the different products in which he/she is interested and click successively on the link "Add to cart". At any time, he/she will have the possibility: Either to obtain a summary of the selected products by clicking on the link "My cart", or to continue his/her purchases. By clicking on "Order", the customer accepts the prices and the related payment obligation, the volumes, the description of the products and the quantities of products offered for sale and previously selected by clicking on "Add to cart". The customer will complete the order by clicking on "Order".
The order can only be registered on the Site if the customer has successfully created an account, as proposed on the Site. The customer will be able to identify himself on the Site using his e-mail address and password which are strictly personal to him.
Shipping costs are calculated according to the country of delivery, and are indicated to the customer before the validation of his order.
- VALIDATION OF THE ORDER: The order is effective when the customer has read and approved the general conditions of sale by clicking on the box "I have read the general conditions of sale and I adhere to them without reservation" provided for this purpose. Payments are made by Paypal or by credit card.
HIPANEMA will acknowledge receipt of the order as soon as it is validated, and will receive an order form by e-mail summarizing: the nature, quantity and price of the products selected by the customer, as well as the chosen method of payment, his contact information and the delivery address of the package.
PAYMENT AND SECURITY OF TRANSACTIONS: The amount due by the customer is the amount in Euros indicated on the order confirmation. The customer guarantees to HIPANEMA that he/she has the necessary authorizations to use the method of payment chosen when placing the order. The customer guarantees HIPANEMA that he/she has the necessary authorizations to use the method of payment he/she has chosen when placing the order.
To ensure the security of payments, the Site uses the secure payment services of Paypal, Alma and Sogenactif (Société Générale). The payment will be made on the Site via Paypal, Alma or by credit card (Blue, Visa, Eurocard/Mastercard). In any case, HIPANEMA reserves the right to refuse any order or delivery for "a legitimate reason" and in particular in the event of a dispute relating to the payment of a previous order, the refusal of bank authorization during online payment, the unavailability of the product, an abusive request from the customer, a presumption of impossibility for the customer to contract, a manifest intention on the part of the customer to harm HIPANEMA or for any other reason that HIPANEMA reserves the right to explain to its customer. HIPANEMA shall not be held liable in any way in this regard.
When the order is validated, the payment request is routed in real time to the secure remote payment manager. The remote payment manager issues an electronic certificate.
For an exchange, you have 30 days from the date of receipt.
For that, we invite you to go on your account WILD and to proceed to a request of return for exchange.
If the size you selected is no longer available for exchange, we will refund your item.
The return for an exchange is the responsibility of the customer.
For logistical reasons, from now on international returns (countries outside the EU) are no longer accepted. Thank you for your understanding.
RIGHT OF RETRACTION
In accordance with Article L. 221-18 of the French Consumer Code, the customer has a period of thirty (30) clear days from the date of receipt of the products to retract and return, at his or her own expense, the products ordered.
Products must be returned to HIPANEMA's customer service department at the address indicated below, in perfect condition for resale (complete, undamaged, etc.), in their original state (packaging, accessories, instructions, etc.) and accompanied by the retraction form available on the Site.), in their original condition (packaging, accessories, instructions, etc.), and accompanied by the withdrawal form available on the Site.
After receiving and verifying the returned products, HIPANEMA undertakes to reimburse all sums paid by the customer for the acquisition of said products, including standard delivery charges, by the same means of payment as that used by the customer when ordering.
HIPANEMA shall proceed with the reimbursement of the said sums, without unjustified delay and at the latest within thirty (30) days from the date of dispatch of the product subject to the right of withdrawal (as evidenced by the postmark or the transport note).
As Hipanema is not responsible for the failure of the transport services
, HIPANEMA may nevertheless defer reimbursement until the goods have been recovered.
The customer must follow the following steps to return one or more products under the heading MY ACCOUNT / MY ORDERS on the Site:
- Check the products you wish to return
- Choose the type of return "REFUND/RETURN RIGHT" and validate
- Print the repair form available in the tab "MY RETURNS
- Deposit the registered letter in a mailbox or the colissimo at the Post Office
It is recommended to use a colissimo envelope to send back your products.
The folds are to be sent back to the following postal address:
9-11 rue Albert Einstein
The return costs are at the customer's expense and any risk related to the return of products is at the customer's expense.
Packages sent with postage due are not accepted.
Once your return request is processed by our services, you will receive an email with the change of status of your order by "package received".
From then on, HIPANEMA will proceed to reimburse the said sums, without unjustified delay and at the latest within thirty (30) days from the date of dispatch of the product subject to the right of withdrawal (as evidenced by the postmark or the transport note).
HIPANEMA, pursuant to Article L. 217-15 of the French Consumer Code relating to the commercial guarantee, allows the customer, in the event of a problem concerning the conformity of the products delivered (order preparation error, damaged product, quality defect of a product, etc.), to send a complaint to the after-sales service of HIPANEMA at the following e-mail address firstname.lastname@example.org, within thirty (30) days of receipt of the order.
The customer shall take care when making a claim within the time limit set, to detail the reason for the claim and to specify the order number and the product(s) concerned.
If the above procedure and deadlines are not respected, the customer will not be able to make any claim directly to HIPANEMA for non-conformity of the order or apparent defect of the products delivered, the products being then deemed to be in conformity and free of any defect.
If the error in the order or the defect is proven, the procedures for returning non-conforming products are indicated below.
The customer must follow the following steps to return one or more products, in the MY ACCOUNT / MY ORDERS section on the Site:
1. Check the products to be returned
2. Choose the type of return "GUARANTEE" and validate
3. Print the repair slip available in the tab " MY RETURNS"
4. Deposit the followed letter in a mailbox or the colissimo at the Post Office.
Print the retraction form available under the following link
All risks related to the return of the products are supported by the customer.
Are excluded from the commercial guarantee, the products modified, repaired etc... by the customer. The commercial warranty will not cover products returned damaged during transport or due to improper use.
A product returned by the customer in accordance with the terms and conditions indicated by HIPANEMA will result, depending on the case, in an exchange, a refund of the purchase price or a repair.
Please send your returns to the following postal address:
9-11 rue Albert Einstein
In the case of a repair, the defective products will be handled by HIPANEMA's after-sales service workshop located at 9/11 Rue Albert Einstein 93000 Bobigny, France, the address to which the products to be repaired should be sent. HIPANEMA's after-sales service takes approximately two weeks to process a repair, excluding shipping time.
It is specified that, in addition to the commercial guarantee provided by HIPANEMA as described above, HIPANEMA remains bound in all cases by the legal guarantee of conformity set forth in Articles L. 217-4 to L. 217-12 of the French Consumer Code, and by the guarantee relating to defects in the item sold, as set forth in Articles 1641 to 1648 and 2232 of the French Civil Code.
The legal provisions relating to the legal guarantee of conformity and defects in the item sold are set forth below :
Article L. 217-4 of the French Consumer Code states:
"The seller delivers goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery.
He is also responsible for defects in conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Article L. 217-5 of the Consumer Code states:
"The goods are in conformity with the contract:
1° If they are fit for the purpose usually expected of similar goods and, where appropriate :
- 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 may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter
Article L. 217-12 of the French Consumer Code states:
"The action resulting from the lack of conformity is prescribed by two years from the date of delivery of the goods.217-16 of the French Consumer Code states:
"When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run.
This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention."
Article 1641 of the Civil Code states:
"The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lesser price for it, if he had known of them."
Article 1648 paragraph 1 of the Civil Code states:
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. "
It is expressly stated that customers who have purchased a "Hipanema" or "Wild" brand product elsewhere than on the Site, in particular in a physical store or from another Internet retailer, must contact the retailer where they made their purchase; HIPANEMA is in no way responsible for this.
INTELLECTUAL PROPERTY: All elements of the Site, such as the products and visuals, including the underlying technology covered by intellectual property rights, are protected and are the exclusive property of the company Hipanema. Any fraudulent use will be prosecuted. Any user who has a personal website and wishes to place, for personal use, a simple link on his or her site that refers directly to one of Hipanema's sites, must request prior authorization from HIPANEMA. Furthermore, any hypertext link to one of the Hipanema company's sites using, in particular, the framing, deep-linking, in-line linking or any other deep-linking technique is, in any case, strictly prohibited. In any case, any link, even tacitly authorized, must be removed upon simple request from HIPANEMA. Hypertext links may be sent to sites other than the Site. Hipanema declines all responsibility in the event that the content of these sites contravenes the laws and regulations in force.
DATA PROCESSING AND FREEDOMS: HIPANEMA, for the needs of its activity, reserves the right to collect personal data relating to the users of the site, in particular by means of "cookies". The consumer acknowledges that he/she is aware of this. To this end, the automated processing of information, including the management of user e-mail addresses, has been declared to the CNIL (1882429v0). In all cases, and in accordance with the law of January 6, 1978, the consumer also has the right to access and rectify any information concerning him or her that appears in the files of HIPANEMA. Any customer of the site may at any time object to the commercial use of said data and also has the right to access, rectify and delete data concerning him/her, directly on the Internet via the contact section of the site.
SIGNATURE AND PROOF: In accordance with the provisions of Articles 1365 to 1367 of the Civil Code, issued from Order No. 2016-131 of February 10, 2016, in particular relating to electronic signature, the provision of online credit card number and the final validation of the order constitutes an electronic signature and express acceptance of all operations carried out on the Site between the parties.
This validation will be worth the payability of the sums incurred by the seizure of items on the order form. In the event of fraudulent use of a credit card, the customer is invited to contact HIPANEMA's customer service department by sending an e-mail to email@example.com. The computerized registers, kept in the computer systems of HIPANEMA and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
CUSTOMS DUTIES: Any order placed on the Site and delivered outside the territory of metropolitan France may be subject to possible taxes and customs duties imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of an item are the responsibility of the customer and are the sole responsibility of the customer. HIPANEMA is not required to verify and inform its customers of any applicable customs duties and taxes. To know them, it is up to the customer to inquire with the competent authorities of the country of delivery.
COMPLETENESS OF THE CONTRACT: The present general terms and conditions of sale and the summary of the order transmitted to the customer form a contractual whole and constitute the entirety of the contractual relations between the parties.
Products are shipped with the delivery note, to the delivery address indicated by the customer when ordering, by Colissimo Relais Pick-Up within 3 to 5 working days (offered from 50 € of purchase), as well as by parcel tracked by La Poste within 2 to 5 working days (for metropolitan France), or by Chronopost within 48h. All orders validated before 9:00 am are generally processed by HIPANEMA during the day.
The delivery times indicated at the time of the order are nevertheless indicative, starting from the day following the validation by the customer of his order, and correspond to the processing and delivery times (routing of products by the Post Office) in working days.
In no case can the times indicated be used as a basis for dispute or incur any liability on the part of the company HIPANEMA However, in case of unusual delay, an e-mail may be sent to the customer by HIPANEMA explaining the reasons for the delay.
Nevertheless, HIPANEMA, in all cases, undertakes to ensure delivery within a maximum period of thirty (30) days from the day following the purchase, subject to full payment of the price, in accordance with the provisions of Article L. 216-1 of the code of the consumption.
In case of absence of the customer, the factor leaves a notice of passage, indicating the conditions of withdrawal of the colissimo (place and delays). It is possible to follow the evolution of the parcel on the site https://www.laposte.fr/outils/suivre-vos-envois.
In case of non reception of the followed parcel after 10 working days, without any notice of passage indicated, it is recommended to verify its situation on the site https://www.laposte.fr/outils/suivre-vos-envois et/ou de contacter le service client de la société HIPANEMA par mail à firstname.lastname@example.org.
HIPANEMA will not be held responsible in case of erroneous or missing information in the delivery address or in the customer's identity when the order is entered.
HIPANEMA will not be held responsible for delays in delivery due to the Post Office or any other carrier. The risks of transport are borne by the customer, who should, if necessary, make a justified protest to the postal services or to the carrier, following the unjustified delay noted.
HIPANEMA declines all responsibility in case of loss or theft of the ordered products, strike, or any fortuitous event or force majeure.
In case of delivery of an open and/or damaged package (cardboard box with visible traces of opening and/or damage), the customer is required to refuse the package to the Post Office or any other carrier.
If the customer did not have the possibility of refusing the parcel at the time of its delivery of the opened and/or damaged parcel (case of the non-deliveries to person only) as well as in the event of possible missing products during the delivery of the order, the Customer must notify the HIPANEMA after-sales service within 3 working days following receipt of the order by writing to email@example.com.
Any claim concerning a missing product or an open and/or damaged package made after this period will be rejected, and HIPANEMA will be released from any liability.
DISPUTES / APPLICABLE LAW
The language of the present general conditions of sale is French. This contract is subject to French law. And in case of dispute relating to an order and/or to the present general conditions of sale, the French courts will be the only ones competent.
For any request or question concerning the partnerships, the press as well as for any additional information concerning the packages, the orders, the products or the brand, the address firstname.lastname@example.org is available.
Art Direction : Eve Vitré