Conditions of use

LEGAL INFORMATION

  1. Preamble
  2. Entry into force of these General Terms of Business
  3. Period of validity
  4. Application and reservation of the General Terms of Business
  5. Offer
  6. Price of items
  7. Shipping costs
  8. Order
  9. Checkout
  10. Payment terms and conditions - secured payment
  11. Delivery/delivery area
  12. Delivery tracking
  13. Return- exchange - right of withdrawal
  14. Guarantees
  15. Customer service
  16. Reservation of title
  17. Limit of liability
  18. Intellectual property
  19. Personal data
  20. Cookies
  21. Applicable law and jurisdiction


OWNERSHIP AND EDITORIAL COORDINATION
This site is edited by HESCHUNG, a company with a €350,000 capital
Headquarters: Zone Industrielle Eigen - 67490 DETTWILLER - France
Telephone 03 88 91 41 37 - Fax 03 88 91 45 10 - email: heschung@heschung.com
RC Saverne 60B38 - Code APE 193 Z - Intra-Community VAT n° FR 73 676 080 385

Boutique graphics:
HORSTAXE STUDIO – 7 Quai des Pêcheurs – 67000 Strasbourg

Site hosting and development of E-Boutique:
NAMEO Sarl - 13A Rue du Gal de Gaulle – 67205 Oberhausbergen

Photographer:
BENOIT SCHWALLER – 48 Rue du Mal Foch – 67300 LINGOLSHEIM

This website has been registered with the CNIL (National Commission for Information Technology and Civil Liberties) under n° 1284860



GENERAL TERMS OF BUSINESS

1. Preamble (top)

In order to better meet clients' expectations, HESCHUNG S.A. has added to its stores and distribution network and set up a distance selling system to offer a selection of models and accessories.

The items offered on www.heschung.com are exclusively intended for non-commercial physical persons. It is strictly forbidden to resell or distribute these items.

These general terms of business concern HESCHUNG S.A., hereinafter referred to as " HESCHUNG " and persons who wish to make a purchase via the www.heschung.com website, hereinafter referred to as "the client". These terms regulate the steps required for ordering and define the terms of business between Heschung and the client, from ordering to delivery and payment.

Their purpose is also to define the rights and obligations of the parties within the scope of online retail for goods and services offered by Heschung to consumers.

Heschung may however decide to modify at any time these terms of business. The latest version may be accessed on the "General terms of business" page.


2. Entry into force of these General Terms of Business (top)

Purchasing items offered on this website implies that the purchaser intends to comply completely and unconditionally with these general terms of business. These terms come into force as soon as an order is placed.


3. Period of validity (top)

These General Terms of Business apply the whole time Heschung S.A. offers online services.


4. Application and reservation of the General Terms of Business (top)

The client acknowledges that he/she is perfectly aware of the fact that his/her agreement to the content of these general terms of business does not require this document to be signed provided the client wishes to order online products that are offered on the online Heschung store. The buyer has the option to save or print these general terms, it being understood that both saving and editing this document remains the buyer's responsibility.

Consequently, placing an order implies that the buyer accepts completely and unreservedly these General Terms of Business, excluding all other documents such as brochures, catalogues issued by Heschung and which are only issued for reference.

Unless formally agreed in writing by Heschung, no special condition can prevail against the General Terms of Business. Any contrary condition opposed by the buyer will therefore be, unless expressly agreed to, void as against Heschung, regardless of the time when it was communicated.

The fact that Heschung should not prevail at a given time of any of these General Terms of Business cannot be construed as a waiver to any of these General Terms of Business at a later time.

5. Offer (top)

On the "online sale " page of the www.heschung.com website, Heschung offers a selected range of footwear for men and women, as well as various accessories including adapted cleaning products.

Items presented on the " collection " page are not available for online selling but are available for the most part in Heschung boutiques or from one of the distributors listed on the "retail outlets " page.

The offer, in terms of models and accessories, may be changed at any time without notice.

6. Price of items (top)

Prices for items sold online on the website are in EURO and always include sales tax but exclude a flat rate fee for shipping.

Heschung reserves the right to change prices at any time and without notice, without this affecting however orders that were already placed. Indeed the items that were ordered will be invoiced on the basis of prices in effect at the time when the order was placed. The price is payable in full in one payment.

The items remain the property of Heschung until the order's amount is received in full.

7. Shipping costs (top)

Shipping costs are charged to the client and can vary by country. These costs are clearly displayed during the ordering process:

France 8 €
Austria 25 €
Belgium 18 €
Bulgaria 27 €
Cyprus 60 €
Denmark 25 €
Estonia 27 €
Finland 25 €
Germany 18 €
Great Britain 25 €
Greece 25 €
Hungary 27 €
Irland 25 €
Italy 25 €
Lettonia 27 €
Lituania 27 €
Luxembourg 18 €
Malta 60 €
Netherlands 18 €
Poland 27 €
Portugal 25 €
Romania 27 €
United Kingdom 25 €
Rép. Slovaquia 27 €
Slovénia 27 €
Spain 25€
Sweden 25 €
Rép. Tchèque 27 €


8. Order (top)

Once a visitor has created his/her own account and has properly identified himself/herself by entering his/her email address and password, he/she can place an order on www.heschung.com by selecting an item, its colour and size and by clicking on "add to basket".

A summary page titled "basket" will then be displayed, that page contains the description of the item(s), size(s), quantity, unit price, shipping costs and total price for the order. The client can then continue shopping or validate his/her shopping basket once he/she has checked its contents, and accepted these general terms of business by ticking the box provided for that purpose. At this stage of the ordering process, the client will have the option to change the address where the order is to be shipped to.

Any validated order means that the client has accepted the prices and descriptions of the items available for online selling.

Heschung is committed to fulfil orders received from the website within the limits of the available stocks. If an item becomes unavailable because of an error, the client will be informed of it as quickly as possible and will receive a refund within 30 days maximum.

Heschung reserves the right to cancel or refuse any order from a client with whom there is a dispute relating to the payment of a previous order, or who will represent some kind of risk.

9. Checkout (top)

At the end of the ordering process, the client is asked to agree to these General Terms of Business by ticking a box that is intended for that purpose. The client will then be able to validate his/her order and move onto the payment step.

Acceptance of payment by the bank means validation of the order and constitutes the sales contract.
At that point, the client will only be able to change or cancel the order per the withdrawal clause, by calling 03 88 91 41 37 service Web or by sending within 24 hours an email to the following email address: serviceclient@heschung.com, the client will need to specify his/her identity, the order number for the order subject to cancellation. After that time, the shipping process can no longer be stopped, and in case of withdrawal, the client will have to refuse the package.

A summary outlining all order's details is sent to the client by email once the payment process is completed.

10. Payment terms and conditions - secured payment (top)

Settlement for purchases made on www.heschung.com is exclusively in EURO and using a bank card. The following cards are accepted: C. B. (carte bleue), Visa and Eurocard/Mastercard. The client guarantees Heschung that he/she is the true cardholder and the name on the card is his/hers.

As soon as the client validates the type of bank card of his/her choice, he/she is redirected to the bank's secured server, to a page to input the data required for the payment, namely: bank card's number, expiry date and the visual cryptogram at the back of the bank card. The client is then directly connected to the bank's server using the secured SSL mode, which guarantees the confidentiality of data that have been input, and to which neither Heschung, nor any other third parties have access.

If the payment is accepted, the client receives a transaction's reference and an authorisation number that needs to be kept. The payment shall be immediately registered. If however the authorisation for payment is not released, the client will be offered a return link to the retail site.

The online provision of a bank card's number and the final validation of the order shall act, according to the law dated 13th March 2000 related to electronic signature, as proof for completion of the order and collectability of monies due pursuant this order.

Heschung reserves the right to cancel or refuse any order from a client with whom there is a dispute relating to the payment of a previous order, or who will represent some kind of risk.

11. Delivery/Delivery area (top)

The items for sale on the Heschung website can be delivered against a signature in Metropolitan France, Corsica and countries of the European Community, to private addresses, with the exception of PO Boxes, hotels and "poste restante".

A flat rate fee for shipping and packaging is applied during the checkout process. The rate varies depending on the destination country.

The orders are prepared and shipped within the week following their placement.

The delivery to the address listed during the ordering process shall occur on average within 2 to 6 working days from the shipping date and must be validated by the signature of the recipient.

When the package arrives at destination, it is crucial that the client indicate on the shipping receipt in the presence of the deliveryman any anomaly noticed on the external appearance of the package.

In case of late delivery due to a specific external event (strike, natural disaster, etc…), Heschung cannot be held responsible.

Each delivery shall feature an invoice in duplicate detailing the price of each item in Euro, the VAT amount and the shipping costs.

12. Delivery tracking (top)

On the "Client " page, the client can access his/her current orders and monitor deliveries by clicking on the package number which will open the link to the carrier's website.


13. Return-exchange-right of withdrawaln (top)

The client has 15 days (the statutory time period is actually 7 working days) from the date of receipt of the order to return any item that does not suit him/her and to claim for reimbursement. The client is however responsible for the return shipping costs.

The client will thus be able to return any item, provided it has not been worn, it has been replaced in its original packaging and is sent back with the accessories it came with (maintenance booklet, textile cover, etc…).

So that the return can be properly identified, the item must be necessarily returned with a copy of delivery receipt, at the bottom of which the client can specify the reason for return.

If the client wishes so, Heschung can proceed with exchanging the item as far as possible, otherwise the item will reimbursed, tax included, for the price paid at time of purchase, either by crediting the bank card or by cheque; the initial shipping costs shall not be reimbursed however.

The client is informed by email of the outcome of the return.


14. Guarantees (top)

Heschung guarantees the authenticity of the shoes sold on the website. These shoes are the result of a know-how accumulated over many generations and made by a highly experienced workforce using top-of-the-range materials.
If however despite the care taken in making these shoes, an item happened not to meet the client's expectations, Heschung agrees to exchange or reimburse it.
The client may use legal provisions regarding the guarantee against latent defects. The following is excluded from this guarantee: abnormal use of the item by act of negligence or by the client's fault, the replacement of the items as a result of normal wear and tear as well as damages related to an accident or natural event, improper storage of the item.
In more general terms, any guarantee is excluded in the event of deterioration due to external events or non-compliant use.


15. Customer service (top)

For more information, the client may contact us:

using the contact form on the website
by email: serviceclient@heschung.com
by phone: 03 88 91 41 37, service Web
by post: HESCHUNG S.A. - Service Web - Z .I . Eigen - BP 70170 Dettwiller - 67706 SAVERNE CEDEX - FRANCE


16. Reservation of title (top)

Items that have been ordered remain Heschung's property until they have been paid in full by the client.


17. Limit of liability (top)

- Website
Heschung strives to ensure that the website is as operational as possible. However it is unable to guarantee the user that the website be without defect or error. The company does not guarantee either that the running of the site may not be stopped and momentarily unavailable.

While every effort is made to reproduce as faithfully as possible the colours and textures on the displayed pictures, there can be some variations between the original items and the pictures, mainly because of the technical limitations of IT colour rendering at the client's end.
Items offered on the selling website www.heschung.com are displayed and described with the greatest possible accuracy. If despite these efforts, errors or omissions should be noticed, the company cannot be liable for these errors or omissions.
Photographic elements and texts have no contractual value, unless otherwise stated.
Therefore, Heschung is not liable for:
- any damages resulting from a third party intruding the website and changing data on the website;
- generally, any direct or indirect damages regardless of their cause, origin, nature and consequences resulting from accessing the website or from the inability to access the website as well as any damages to the users' equipment;
- any interruption or malfunction of the website
All direct or indirect references to Heschung items that may be published on the website do not imply Heschung intent to sell the said items in the country of residence of the website user.
Moreover, some references may not be announced or be available in some countries or some regions, it could also be that they are offered under a different brand and subject to regulations and conditions of use that are different depending on the country.
In any event, Heschung reserves the right to amend or change at any time and without notice the contents of the website.
For any additional information, it is suggested to contact Heschung directly.

- Freight
Heschung cannot be held responsible for the delays in delivery when specific external events occur (strikes, natural disasters…)

- Products use
Heschung disclaims also any liability for damages resulting from an improper use of the items sold on the website, regardless of the use.

18. Intellectual property : (top)

- Website
The general structure (layout, graphics, information tree…), the texts, images, be they animated or not, and all of the website's components are protected and fall under French and international laws regarding copyrights and intellectual property.
All copyrights are reserved, including for downloadable documents, icons and photographs.
Reproduction in whole or in part of this website or any one of its components by download as well as reproduction or use of photocopies without prior express authorisation from Heschung is prohibited.
The data and photographs on this website may only be used with the prior written authorisation from Heschung and in any event it should always mention © Heschung and should not be distorted, amended or changed.
Are only allowed to date the use or paper reproduction of all documents published on this website for strictly personal and non-commercial use provided its contents are respected, unchanged and bear reference to its origin.
Any other form of representation or reproduction of this website or any one of its components, by any means whatsoever, constitutes an infringement.
The content of this website constitutes, in the eyes of the Law, an intellectual work and is therefore protected by copyrights. Contents must be understood in a broad sense and include texts, icons, page layout and database, amongst others.

- trademarks, domain names, drawings and models
Any use be it of trademarks, logos, domain names, drawings and models from this website including but not limited to Heschung, as well as any trade names held by Heschung and/or its partners, is prohibited without authorisation from the rights holder.

- hyperlinks
This website may contain hyperlinks to third parties' websites, be they partners or not. These sites are not under the control of Heschung which assumes no responsibility for their content, updates which may be made to them or communication to you from those websites.
The fact that such hyperlinks are integrated on our website does not imply in any way that Heschung endorses any of their contents.
Heschung is not responsible for hyperlinks which may direct to its site, and as a rule does prohibits, unless it has been first approved in written, any link to its site. This is why Heschung can request that any link to its site may be removed, even if that link had been first authorised.

19. Personal data (top)

Personal data collected on this website are necessary for Heschung to manage orders and trade relations with its clients.

As per the French Data Privacy Law dated 06.01.1978 and amended by the Law dated 06.08.2004, the client is entitled to access, seek correction and oppose the data concerning him/her by
using the contact form on the website
sending an email to: serviceclient@heschung.com
calling 03 88 91 41 37, service Web,
sending a letter to: HESCHUNG S.A. - Service Web - Z .I. Eigen - 67490 Dettwiller

Heschung reserves the right to communicate the personal data provided by the client to subsidiaries or partners it will have carefully selected, so that they can contact the client to offer products or services he/she may be interested in. If however the client does not wish for his/her data to be forwarded, he/she can simply omit to tick the box provided for that purpose at the bottom of the screen on the "my account" page.

The processing of personal data collected on www.heschung.com has been registered with the CNIL (National Commission for Information Technology and Civil Liberties) under n° 1284860.

20. Cookies (top)

Users of www.heschung.com are informed that during access to services offered by Heschung, some data may be temporarily stored in memory or on the hard drive.
Users of the website acknowledge that they have been informed of that practice and authorise Heschung to use it.


21. Applicable law and jurisdiction (top)

These General Terms of Business are written in French and are subject to the French Laws.

In case of dispute, the visitor shall first contact Heschung, who will seek to solve the issue amicably.
In any case, all legal action shall be brought before the competent courts with jurisdiction where S.A. HESCHUNG is headquartered.