Legal notice

Version dated 04.09.15

Property and editorial responsibility

This Internet site is published by the company ATELIERS HESCHUNG, with a registered capital of €500,000.
Registered office: Zone d’Activité Eigen – 67490 Dettwiller – France
Telephone +33 (0)3 88 91 41 37 - Fax +33 (0)3 88 91 45 10 – e-mail: serviceclient@heschung.com
Company registration: RC Saverne 789 414 836 – Activity code: APE 1520 Z – Intra-Community VAT no.: FR93 789 414 836
Editorial responsibility : Pierre HESCHUNG
Artistic direction: BASE DESIGN - www.basedesign.com
Graphics: HORSTAXE STUDIO – www.horstaxe.fr
Development: AXOME – www.axome.com
Hosting: société OVH - 2 rue Kellermann - 59100 Roubaix - France

Photography:CHRISTOPHE URBAIN - www.urbainc.com et PREVIEW - 28 Rue du Général de Gaulle - 67205 Oberhausbergen – France - www.preview.fr

This Internet site has been declared to the CNIL (French National Commission of Information Technology and Liberties) under the number 1284860

General Conditions of Sale

1. Preamble
In order to better meet the expectations of its customers, the Heschung Company has set up, alongside its own stores and its distribution network, a remote sales system for a selection of its models and accessories.
The products proposed on the Internet site www.heschung.com are exclusively intended for physical persons in their capacity as consumers. Resale or distribution of the products is strictly prohibited.

These General Conditions of Sale are concluded between the party of the first part, the company ATELIERS HESCHUNG, a simplified joint-stock company ("Société par Actions Simplifiée") with a registered capital of €500,000, having its registered office at Zone d’Activité "Eigen"- 67490 DETTWILLER, France (company registration no.: 789 414 836 RCS SAVERNE), hereafter designated "HESCHUNG", and the parties of the second part, persons wishing to make a purchase via the Internet site www.heschung.com, hereafter designated "customers".

They govern the stages necessary for placing an order and define the terms and conditions of sale between Heschung and the customer, from order to delivery, and including payment. Their object is also to define the rights and obligations of the parties with regard to the online sale of goods and services proposed by Heschung to the customer.

2. Availability and enforceability of General Conditions of Sale

The general conditions of sale are made available to customers on Heschung's Internet site www.Heschung.com where they can be directly consulted.

The General Conditions of Sale are enforceable in relation to the customer, who recognises, by ticking the corresponding box that he/she is aware of and has accepted them before placing an order.

The validation of the order by the customer's confirmation constitutes acceptance by the customer of the General Conditions of Sale in force on the day of the order, which are conserved and reproduced by Heschung in accordance with the provisions of Article 1369-4 of the French Civil Code.

No special condition may prevail over the General Conditions of Sale, unless it is formally accepted by Heschung in writing. Any contrary condition invoked by the customer will therefore, in the absence of express acceptance by Heschung, be unenforceable against Heschung, regardless of the time at which it may be brought to Heschung's knowledge.

3. Modification of General Conditions of Sale

Heschung may decide to modify its conditions of sale at any time. In the event of modification of the General Conditions of Sale, the applicable General Conditions of Sale are those in force on the order date, of which a copy dated on that day can be supplied to the customer on request.

4. Clause of General Conditions of Sale

The invalidity of a contractual clause does not result in the invalidity of the General Conditions of Sale. 

The fact that Heschung does not avail itself, permanently or temporarily, of one or more clauses of these General Conditions of Sale, does not constitute renunciation of subsequently availing itself of any of the said clauses.

5. Products

On the Internet site www.heschung.com, Heschung proposes a selection of models of shoes from its collection for men and women.

Each of the products offered for sale forms the object of a description mentioning its essential characteristics as provided for in Article L 111-1 of the French Consumer Code. The photographs illustrating the products are not contractual documents.

The online sales offers presented on the Internet site are valid, unless a specific time period is indicated, for as long as the products are featured on the Internet site www.heschung.com and within the limit of available stocks.

6. Price of products

In accordance with the provisions of the French Consumer Code, the prices of products for sale on the Internet site are in euros and include all taxes for countries in the European Union; they exclude taxes (and where applicable they exclude customs duties) for other countries. The prices exclude delivery and transport costs, which are indicated before validation of the order and are invoiced as a supplement. 

Heschung reserves the right to modify its prices at any time without notice, without however affecting orders already placed. The sales price of the product is that in force on the day of the order.

7Transport costs

Transport costs including tax are at the expense of the customer and vary depending on the country. The costs are clearly displayed during the order process and before validation of the order:

France € 8 / Australia € 55 / Austria € 25 / Belgium € 18 / Bulgaria € 27 / Canada € 40 / Cyprus € 40 / Czech Republic € 27 / Denmark € 25 / Estonia € 27 / Finland € 25 / Germany € 18 / Greece € 25 / Hungary € 27 / Ireland € 25 / Italy € 25 / Japan € 55 / Latvia € 27 / Lithuania € 27 / Luxembourg € 18 / Malta € 40 / Netherlands € 18 / Poland € 27 / Portugal € 25 / Romania € 27 / Slovakia € 27 / Slovenia € 27 / South Korea € 55 / Spain € 25 / Sweden € 25 / Switzerland € 18 / United Kingdom € 25 / USA € 40

8. Order

After creating his/her account and clearly identifying himself/herself by entering his/her e-mail address and password, the visitor may place an order on the Internet site www.heschung.com by selecting a product, a colour and a size, and by clicking on the "add to basket" option.

A summary page entitled "basket" will then be displayed, containing a description of the product(s), the colour(s), the size(s), the quantity, the item price, the cost of carriage, and where applicable the customs duty and other tax amounts and the total order price.

The customer can then continue purchasing or validate his/her basket after having had the possibility of checking that his/her selection is correct, the details of his/her order and its total price, and of returning to the previous pages to correct any errors or omissions or, if necessary, to modify his/her order. The customer also has, at this stage of the order procedure, the possibility of modifying the address to which he/she wishes the order to be delivered.

The order is confirmed by clicking the "confirm order" button, after acceptance of these conditions of sale by ticking the corresponding box.

All orders confirmed in this way constitute acceptance by the customer of the prices and descriptions of the products.

The contract of sale becomes effective the moment the customer sends the confirmation of the order.

9. Terms and conditions of payment – Secure payment

After confirming the order, the customer enters the payment phase.

The price is payable after order confirmation. It is payable in full and in a single instalment.

Purchases on the Internet site www.heschung.com are made exclusively in euros and by bank card. Carte Bleue, Visa, Eurocard / Mastercard and American Express cards are accepted. The customer certifies to Heschung that he/she is the cardholder and that the name indicated on the card is his/her own name.

As soon as the customer has validated the choice of bank card type, he/she is directed to the bank's secure server, to a page for the entry of the information necessary for the payment that is: the bank card number, its expiry date and the security code indicated on the reverse side of the card. The customer is then directly connected to the bank server in SSL secure mode, guaranteeing the confidentiality of the information he/she enters, to which neither Heschung nor any third party has access.

If the payment is accepted, the customer obtains the transaction reference and an authorisation number that he/she should keep. The payment will be immediately registered and will be validated within 48 hours. If however payment authorisation is not given, the customer will be offered a link to return to the retail Internet site.

The supply on line of the bank card number and the final validation of the order will constitute, in accordance with the French Law of 13 March 2000 on electronic signature, proof of the order in its entirety and of the payability of the sums due for execution of the order.

A summary of all the details of the order is sent to the customer by e-mail once the payment process has been completed. The summary also contains a standard retraction form.

10. Cancellation of order after order confirmation

After confirming the order, the customer may cancel his/her order for up to 24 hours after order confirmation.

The order may be cancelled by telephone at +33 (0)3 88 91 41 37 (Web Services) or by sending an e-mail to the following address: serviceclient@heschung.com  and specifying his/her correct identity and the number of the order to be cancelled.

Once this period has elapsed, the dispatching process can no longer be stopped, and if the customer wishes to exercise his/her right of retraction, he/she must return the parcel in accordance with the provisions of Article 12 below.

11. Delivery / Delivery zone

The products on sale on this Internet site can be delivered using the sign-on-receipt method in metropolitan France, Corsica, the other countries of the European Union, Switzerland, the USA, Canada, Japan, South Korea and Australia to private addresses, excluding post office (PO) boxes, hotels and poste restante addresses.

The applicable transport costs are defined in Article 7 of this document.

Orders are prepared and dispatched within one week of their registration date.

Delivery to the address indicated will be made within an average period of 2 to 6 working days after the date of dispatch.

When the parcel is delivered to the delivery address, a delivery form must be signed by the customer, who must check on receipt the conformity and the state of packaging of the product. If the customer observes any anomaly in the external appearance of the parcel, he/she must formulate reservations on the delivery form, of which a duplicate is sent to Heschung.

In the event that the professional fails to perform his obligation of delivering the good to the customer on the date indicated, or on expiry of the time period indicated to the customer, or failing this at the latest thirty days after conclusion of the contract, the customer may rescind the contract by registered letter with notice of receipt or by a written indication on another durable medium, if, after having instructed Heschung, under the same conditions, to make the delivery within a reasonable supplementary period of time, Heschung has not done so within the time period.

The contract is considered to have been rescinded on receipt by Heschung of the letter or written document informing it of this rescindment, unless Heschung has performed its obligation in the meantime.

If the contract is rescinded in the above conditions, Heschung is required to reimburse the customer for all the sums paid, no later than fourteen days after the date of denunciation of the contract. The said sums paid are automatically increased by 10% if the reimbursement takes place no later than thirty days beyond this date, by 20% if it takes place up to sixty days beyond this date and by 50% if it takes place subsequently.

Each delivery in the European Union will be accompanied by an invoice in duplicate setting out in detail the price of each product in euros, the VAT amount and the costs of carriage.

For deliveries to the other countries served (Switzerland, USA, Canada, Japan, South Korea, Australia) the invoices are made out in euros and without VAT. However, the addressee must pay the customs duties and the taxes due when the parcel enters his/her country.

12. Return – exchange – right of retraction

The customer has 15 days from the date of receipt of the order in which to return any product that is unsuitable and request the corresponding reimbursement. The costs of returning the order however are at the customer's expense.

The customer may thus return the product, after making the request on his customer account, provided that the product has not been worn, has been put back into its original packaging, and is accompanied by the accessories that were enclosed with the delivery (product care instructions, textile bag, etc.).

So that the return can be identified, the returned product will be accompanied by a copy of the bill.

Responsibility for proof of exercise of the right of retraction is placed on the customer, in accordance with the provisions of Article L 121-21-2 of the French Consumer Code.

If the customer so wishes, Heschung will exchange the product if possible, or if not Heschung will reimburse the customer for all sums paid, no later than fourteen days from the following dates, depending on the case:

- Either the date of receipt by Heschung of the product(s) returned by the customer

- or the date on which the customer has provided Heschung with proof of the dispatch of the product(s) returned, it being specified that the earlier of these two dates is the effective date. 

Unless the customer specifies otherwise, reimbursement will be made using the same means of payment as that used by the customer when he/she made the purchase.

The customer is informed by e-mail of the action taken with regard to his/her return.

The transport costs are entirely refunded, solely when the entire order is returned.

13. Warranty

Heschung guarantees the authenticity of the shoes sold on its Internet site. Embodying traditional know-how gathered over several generations, the shoes are made of high-quality materials and crafted by highly skilled and experienced craftsmen.

If, despite the care taken in the making of the products, a model does not meet the customer's expectations, Heschung agrees to exchange the product or provide reimbursement.

The customer benefits from the legal guarantee of conformity provided for in Articles L 211-4 to L 211-14 of the French Consumer Code and the legal guarantee against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.

Article L211-4 of the French Consumer Code

"The vendor is required to deliver a good that conforms to the contract and is liable for conformity defects existing when the good is delivered. The vendor is also liable for conformity defects resulting from the packaging, assembly instructions or installation, if installation was stated to be its responsibility in the contract or was performed under its responsibility."

Article L211-5 of the French Consumer Code

"To conform to the contract, the good must:

1) Be fit for the purpose usually expected of a similar good and, where appropriate:

- correspond to the description given by the vendor and possess the qualities presented by the vendor to the purchaser in the form of a sample or model;

- present the qualities that a purchaser may legitimately expect on the basis of the public statements made by the vendor, by the producer or by its representative, particularly in advertising or labelling;

2) Or have the characteristics defined by common agreement by the parties or be fit for any special purpose desired by the purchaser, made known to the vendor and accepted by the vendor."

Article L 221-12 of the French Consumer Code

"The action resulting from the conformity defect is limited to two years from the date of delivery of the good."

Article 1641 of the French Civil Code

"The vendor is liable for hidden defects in the item sold that make it unfit for its intended purpose, or that diminish the use made of it to such an extent that the purchaser would not have purchased it, or would have paid a lower price for it, if he had been aware of the defect."

Article 1648 1st Paragraph of the French Civil Code

"The action resulting from redhibitory defects shall be taken by the buyer within a period of two years following the discovery of the defect."

Under this warranty, Heschung agrees, at the choice of the customer, to reimburse him/her or to exchange the faulty products or the products that do not correspond to his/her order.

The clauses excluding or limiting the rights granted to the customer under the legal warranty of conformity of items in Articles L 211-4 to L211-14 of the French Consumer Code, which are by virtue of Article L 211-17 of the French Consumer Code deemed not to be binding when concluded before any claim by the customer, are valid when they are concluded after the claim.

Damage resulting from abnormal or non-compliant use of the product by the customer, and damage linked to normal wear and tear of the product, or to inappropriate storage of the product, will be excluded from the warranty of Article 1641 of the French Civil Code.

 

14. Customer Service

For any information, the customer can make contact:

By e-mail: serviceclient@heschung.com

By telephone at +33 (0)3 88 91 41 37 (Web Services),

By letter to: Ateliers Heschung S.A.S – Service Web – Zone d’Activité Eigen – 67490 Dettwiller - France

15. Reserve of ownership

The products ordered remain the property of Heschung until they have been fully paid for by the customer.

16. Liability

- Internet site

The company Ateliers Heschung strives to make its Internet site as operational as possible. However, it provides no guarantee to the user that its Internet site is free of any defects or errors. Furthermore, it does not guarantee that the operation of the Internet site cannot be interrupted and be temporarily unavailable.

While every effort is made to faithfully reproduce colours and textures on the photographs displayed, variations may occur compared with the actual products, particularly because of the technical limitations of the colour rendering on the customer's computer terminal.

The products proposed on the online sales site www.heschung.com are presented and described with the greatest possible exactitude. If despite these precautions errors or omissions occur, the company may not be held liable for them. 

Photographic and textual content has no contractual value unless otherwise indicated.

In view of the above, Heschung declines all liability:

- For all damage resulting from the intrusion of a third party having resulted in a modification to the information of the Internet site;

- more generally, for all direct or indirect damage, whatever the cause, origin, nature and consequences, resulting from access to the Internet site or impossibility of access, and any damage to the equipment of users;

- For any interruption or malfunction of the Internet site.

Any direct or indirect references to Heschung products that may be published on the Internet site do not imply that Heschung intends to market the said products in the user's country of residence.

Furthermore, some references may not be announced or available in some countries or regions, and they could also be offered under a different brand name and subject to different regulations and conditions of use depending on the country concerned.

In all cases, Heschung reserves the right to correct or modify the content of its Internet site at any time and without prior notice.

For all additional information, it is recommended that Heschung should be contacted directly.

- Exemptions from liability

Heschung may not be held liable in the event of failure to execute or incorrect execution of the contract due to any of the following: the customer's actions, the insurmountable and unforeseeable actions of a third party to the contract, and "force majeure".

Furthermore, Heschung may not be held liable for non-compliance of the product with the legislation in the country of the customer, who is responsible for checking that sale of the product is not prohibited in his/her country.

17. Intellectual property

- Internet site

The general structure (layout, graphics, tree structure...), texts, images whether animated or non-animated, and all elements composing the Internet site are protected and are governed by French and international copyright and intellectual property laws. 
All rights of reproduction are reserved, including those for downloadable documents and iconographic and photographic representations.

Any total or partial reproduction of this Internet site or any of its elements by downloading and any reproduction or use of photocopies without express prior authorisation is prohibited.

Information and photographs on the Internet site may only be used with the prior written authorisation of Heschung, and must in all cases appear with the indication "© Heschung" and with no distortion, modification or alteration.

At the present time, only the following are authorised: the use or reproduction on paper of all documents published on the Internet site exclusively for personal and private non-commercial use, provided that their content is respected, particularly without any modification and with an indication of the source.

Any other form of representation or reproduction of this Internet site or of any of its elements, by any process whatever, would constitute infringement of copyright.

The content of this Internet site constitutes, in the terms of the law, an intellectual work and is thereby protected by copyright. The term content is to be understood in a wide sense, including in particular texts, illustrations, page format and data bases.

- Brands, domain names, designs and models

Any use whatsoever of the brand names, logos, domain names, designs and models of this site, including but not limited to Heschung, and trade names owned by Heschung and /or its partners, is prohibited without the authorisation of the right holders.

- Hypertext links

This Internet site may contain hypertext links to third party Internet sites, which may or may not be partners. The third party Internet sites are not under Heschung's control, and Heschung declines all responsibility relating to their content, updates that may be made to them, or any communication relating to you sent by the said Internet sites.

The insertion of such links in the Internet site does not constitute any approval of their content by Heschung.

Heschung is not responsible for the hyperlinks that may be directed towards its site or in general, and prohibits, unless authorised in advance in writing, any link toward its site. Accordingly, Heschung may request the removal of any link to its site, even if the said link was previously authorised.

18. Personal data

The personal data collected on the Internet site are necessary for Herschung for the purposes of order management and commercial relations with its customers.

In accordance with the French Information Technology and Liberties Law of 06.01.1978 amended by the French Law of 06.08.2004, the customer has a right of access, rectification and opposition to information concerning him/her, by contacting Heschung:

By e-mail: serviceclient@heschung.com

By telephone at +33 (0)3 88 91 41 37 (Service Web),

By letter: Ateliers Heschung S.A.S – Service Web – Zone d’Activité Eigen – 67490 Dettwiller – France.

Heschung reserves the right to communicate personal information supplied by the customer to its subsidiaries or to carefully selected partners, so that they can contact him/her to propose products or services that could be of interest. If however the customer is opposed to the transmission of data concerning him/her, he/she has merely not to tick the box provided for this purpose at the bottom of the "My account" screen. If this box is not ticked by the customer, this signifies his/her refusal to agree to the transmission of commercial offers.

The computerised processing of the data collected on the Internet site www.heschung.com has been declared to the CNIL (French National Commission for Information Technology and Liberties) under the number 1284860.

Furthermore, information relating to your order is subjected to automated data processing under the responsibility of FIA-NET S.A. The purpose of this automated data processing is to define a level of analysis for a transaction and to combat bank card fraud.

FIA-NET S.A. and Heschung are the recipients of the data relating to the customer's order. Non-transmission of data relating to your order prevents the realisation and analysis of your transaction.

In accordance with the French Law on Information Technology and Liberties of 6 January 1978, you have the right to access, rectify and oppose all your personal data at any time, by writing a letter and by providing proof of your identity to FIA-NET – Service Informatique et Libertés – Traitements n°773061 et n°1080905 - 15 rue du Faubourg Montmartre, 75009 PARIS – France.

19. Cookies

The users of the Web site www.heschung.com are informed that when they access services proposed by Heschung, information may be temporarily stored in memory or on their hard disk.

Users of the site acknowledge that they have been informed of this practice and authorise Heschung to use it.

The user may however decline the creation of cookies by means of the corresponding screen banner/box.

The computerised registers conserved in the computer systems of Ateliers Heschung S.A.S in reasonably secure conditions will be considered as proof of communications, orders and payments made between the parties.

20. Agreement on proof

It is expressly agreed that, except in the event of a manifest error made by Heschung, the data conserved in Heschung's information system are authentic with regard to orders placed by the customer. Data on computerised or electronic media are considered as valid proof, and as such are admissible in the same conditions and with the same authenticity as any document established, received or conserved in writing.

E-mails and postal letters are equally valid as conclusive evidence.

21. Applicable law and jurisdiction

The original version of these General Conditions of Sale is written in French. They are governed by French law.

In the event of a dispute, Heschung will employ its best efforts to find an amicable solution. The customer may have recourse to mediation or any alternative means of reaching a settlement. If this fails, the dispute will be ruled on by the competent court.