Legal notice
Version dated 05.16.19
Property and editorial responsibility
This Internet site is published by the company HESCHUNG & Cie, with a registered capital of €300,000.
Registered office: 1 rue du chantier de Créosotage –67790 Steinbourg –France
Telephone +33 (0)3 88 91 41 37 – e-mail: [email protected]
Company registration: RC Saverne 978 075 463 – Activity code: APE 1520 Z – Intra Community VAT no.: FR 69 978 075 463
Editorial responsibility : Pierre HESCHUNG
Artistic direction: BASE DESIGN - www.basedesign.com
Graphics: HORSTAXE STUDIO – www.horstaxe.fr
Development: STUDIO META – www.studiometa.fr
Webmarketing : ZEEMEDIA - www.zeemedia.fr
Photography: DAVID MEIGNAN - www.davidmeignan.com / CHRISTOPHE URBAIN - www.urbainc.com et PREVIEW - 28 Rue du Général de Gaulle - 67205 Oberhausbergen –France - www.preview.fr / OLIVIER FRAJMAN - www.olivierfrajman.com
Hosting: OVH - 2 rue Kellermann - 59100 Roubaix - France
This Internet site has been declared to the CNIL (French National Commission of Information Technology and Liberties) under the number 1284860
TERMS AND CONDITIONS
- Preamble
In order to best meet the expectations of its customers, the ATELIERS HESHUNG Company has set up, alongside its own stores and 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 Terms and Conditions are concluded between party A, namely the company ATELIERS HESCHUNG, a simplified joint-stock company (Sociétépar Actions Simplifié") 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 party B, persons wishing to make a purchase via the Internet site www.heschung.com, hereafter designated "customers".
At the time of ordering, the customer can access the Terms and Conditions via a link on the Online Shop. In addition, the customer must accept the Terms and Conditions by ticking the appropriate box before confirming his/her order.
These Terms and Conditions are supplemented by i) the Privacy Policy and ii) the Cookie Policy.
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, including payment.
Their objective 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 Terms and Conditions
The Terms and Conditions are made available to customers on Heschung's Internet site www.Heschung.com where they can be directly consulted.
The Terms and Conditions are enforceable in relation to the customer, who recognize, by ticking the corresponding box that he/she is aware of and has accepted them before placing an order, in accordance with the procedure described in Article 8.
Once an order is validated by the customer making the relevant payment, the customer is deemed to have accepted the General Sales Conditions prevailing on the day that the order is placed. Heschung keeps these GSCs and makes copies in accordance with the provisions of Article 1127-1 of the French Civil Code.
No special condition may prevail over the Terms and Conditions, unless one 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 is brought to Heschung's knowledge.
These GSCs were updated on 29 March 2019. This version cancels and replaces any earlier versions.
3. Modification of Terms and Conditions
Heschung may decide to modify its conditions of sale at any time. In the event of modification of the Terms and Conditions, the applicable Terms and Conditions 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 Terms and Conditions
The invalidity of a contractual clause does not result in the invalidity of the Terms and Conditions.
The fact that Heschung does not avail itself, permanently or temporarily, of one or more clauses of these Terms and Conditions, does not constitute renunciation of subsequently availing itself of any of the said clauses.
5. Products
On the Internet site www.heschung.com, Heschung offers a selection of footwear models from its men's and women's collection, as well as accessories, luggage and cleaning products ("Products").
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 choice and purchase of a Product is the sole responsibility of the Customer.
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 conformity with the provisions of the French Consumer Code, the prices for Products offered for sale through the website are indicated in euros, inclusive of VAT for EU countries and excluding VAT (and customs duty where applicable) for non-EU countries. The prices do not include shipping and delivery costs, which are indicated before the customer validates the order.
Heschung reserves the right to modify its prices at any time without notice and without affecting orders already placed. The sales price of the Product is that in force on the day of the order.
7. Transport costs
The shipping costs are in euros and include VAT for EU countries but not for non-EU countries. The shipping costs are charged to the customer separately and vary depending on the country. They are indicated clearly when the order is processed and before the customer is asked to validate it.
8. Create an account - Order
8.1 - Customer area - Account
In order to place an order, the customer is invited to create an account (personal space).
To do so, he must register, by completing the form that will be presented to him at the time of his order, and undertake to provide sincere and accurate information concerning his civil status and contact details, including his email address.
The customer is responsible for updating the information provided. It is specified that he can modify them by logging into his account.
To access his personal space and order histories, the customer must identify himself using his user name and password, which will be communicated to him after registration and which are strictly personal. As such, the customer must refrain from any disclosure. Otherwise, he will remain solely responsible for any use that is be made of it.
The customer may also request a subscription cancellation by going to the dedicated page on his personal space or by sending an email to: [email protected]. This will be effective within a reasonable period of time.
In the event of non-compliance with the general terms and conditions of sale and/or use, the website www. Heschung.com reserves the right to suspend or close a customer's account after formal notice sent electronically and with immediate effect.
Any deletion of an account, for whatever reason, results in the unmitigated deletion of all that customers’personal information.
Any event, due to a case of force majeure, resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage Heschung's responsibility.
The creation of the account implies the acceptance of these general terms and conditions of sale.
8.2 Order
After creating his/her account and clearly identifying themselves by entering the relevant 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 appear, with a description of the Product(s), colour(s), size(s), quantity, unit price and shipping costs which customers can consult once they have logged into their account. The total value of the order is also indicated.
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 the relevant order and its total price, and of returning to the previous pages to correct any errors or omissions or, if necessary, to modify the 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 will be considered as confirmed once the customer's payment has been received on the CIC or PayPal website and has been accepted by Heschung and once the customer has accepted these GSCs by ticking the appropriate box.
All orders confirmed in this way constitute acceptance by the customer of the prices and descriptions of the Products.
The sales contract enters into effect as soon as Heschung has accepted payment of the order, unless a technical error has resulted (at the time of ordering) in the fixing, for a Product, of a zero or derisory price. In this case, Heschung shall be entitled to cancel the order upon full refund of the price paid.
9. Terms and conditions of payment –Secure payment
The price is payable, in its entirety, in one single instalment.
Purchases made on the www.heschung.com website must be paid for in euros only, either by credit card or through PayPal. 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.
Customers wishing to pay by credit card through the CM-CIC platform will be directed towards the bank's secure server where they can fill in the information needed to make the payment. As soon as the customer has validated the choice of bank card type, he/she is directed to the bank's secure server, in order to enter the necessary information for the payment. This is as follows: 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.
The Customer benefits from enhanced protection against fraudulent use of his card on the Site, Heschung upholding the 3D Secure online payment guarantee. 3D Secure is a program created by international issuers Visa (Verified by Visa) and MasterCard (MasterCard Secure Code) to enhance the security of Internet card payments.
Customers wishing to pay via PayPal are directed to the PayPal platform where they can either connect to their own PayPal account, to make the payment, or provide the necessary credit card details for a card payment.
If the payment is accepted, the customer obtains the transaction reference and an authorization number that he/she should keep. The payment will be immediately registered and will be validated within 48 hours. If payment authorization 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 French Laws of 13 March 2000 on electronic signatures, proof of the order in its entirety and of the ability to pay 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. This summary also contains a standard withdrawal 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 the 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: [email protected] and specifying the customer’s correct identity as well as 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, Hong-Kong and Australia to private addresses, excluding post office (PO) boxes, hotels and poste restante addresses.
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. Heschung undertakes to endeavor to deliver the products ordered by the customer within the deadlines specified above. However, these deadlines are given for information only.
Delivery refers to the transfer to the customer of physical possession or control of the Product.
Upon delivery of the Product, a delivery note must be signed by the customer who must verify (upon receipt) the conformity and packaging of the Product. Any anomaly noted on the external appearance of the package must be the subject of reservations, which the customer must imperatively formulate on the delivery note, a copy of which is sent to Heschung.
If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or through fault of the customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or deduction.
Each delivery in the European Union will be accompanied by an invoice detailing the price of each Product in Euros, the amount of VAT and the shipping costs.
For deliveries to other countries served (Switzerland, USA, Canada, Japan, South Korea, Hong Kong, Australia) invoices are issued in euros and without VAT. However, the consignee must pay the customs duties and taxes in force at the time of entry of the package in his/her country.
12. Return –exchange –right of retraction
In accordance with the provisions of Article L221-18 of the Consumer Code, Customers have 15 days from receipt of their orders to return any product(s) with which they are dissatisfied and to request a refund or exchange. The costs of returning the order however are at the customer's expense.
The customer may thus return the product, after having made the request on his/her account, accompanied by the attached retraction form and also available on the site or any other declaration unambiguous of his willingness to retract. This is 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 (fabric shoe bags, extra laces, etc..), allowing its remarketing in new condition.
Any returned Product that is damaged will be returned to the customer. Shoes should be tested on a clean and smooth surface. Shoes must be free of any signs of wear or wrinkles if the customer wishes to return them.
Damaged, worn, soiled or incomplete Products cannot be returned.
So that the return can be identified, the returned product will be accompanied by a copy of the bill.
The exchanges are not available, the customer will have to place a new order if they wish to receive another size.
The refund 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 expertise gathered over several generations, the shoes are made of high-quality materials and crafted by highly skilled and experienced craftsmen.
If a model fails to meet the customer's expectations in spite of the care taken in the manufacture of its products, Heschung undertakes to exchange it or refund the customer. Certain conditions apply.
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 (within stock limits) 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 further information, the customer can contact:
By e-mail: [email protected]
By telephone at +33 (0)3 88 91 43 43 (Web Services),
By letter to: Ateliers Heschung S.A.S –Service Web –Zone d’ActivitéEigen –67490 Dettwiller - France
15. Reserve of ownership
THE PRODUCTS ORDERERD 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, the company does not guarantee that the operation of the Internet site cannot be interrupted or rendered temporarily unavailable.
While every effort is made to faithfully reproduce colours and textures on the photographs displayed, variations may occur in comparison 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 which causes 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.
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 etc.), 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 authorization 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 is authorized: 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 copyright infringement.
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 authorization of the right holders.
- Hypertext links
This Internet site may contain hypertext links to third party Internet sites, who 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 authorized.
18. Personal data
In the context of the use of the website www.heschung.com, Heschung collects personal data.
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by Heschung as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected only for the execution of the sales contract.
The customer is invited to consult Heschung's personal data privacy policy in order to obtain any information concerning, in particular, the information collected, the purpose of this collection and the means at his disposal to access, modify or delete this information.
In addition, in accordance with the provisions of Article L 223-2 of the Consumer Code, Heschung informs the customer that they have the right to register on the list opposing the "Bloctel" telephone solicitation, accessible on the website http://www.bloctel.gouv.fr/.
19. Cookies
The website www.heschung.com uses cookies to distinguish the customer from other users of this services, allowing us to customise our services and optimise his experience on www.heschung.com.
The customer is invited to read the Cookies policy for further information concerning the use of cookies and their deactivation.
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 is authentic with regard to orders placed by the customer. Data on computerized or electronic media are considered 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
THESE GENERAL TERMS AND CONDITIONS OF SALE ARE WRITTEN IN FRENCH AND ARE SUBJECT TO FRENCH LAW.
This version of the general terms and conditions of sale has been translated from French for information purposes only, and does not replace the original. In the event of a dispute, only the French text shall prevail.
In accordance with article L 612-1 of the consumer code, the customer may use consumer mediation to resolve any dispute he may have with Heschung, provided that (i) he has first contacted Heschung Customer Service in writing and no solution has been found and (ii) his complaint is not manifestly unfounded or abusive.
The customer remains free to accept or refuse the use of consumer mediation.
In this case, the mediator appointed is:
MEDICYS – 73 Boulevard de Clichy – 75009 PARIS
E-mail : https://app.medicys.fr/?proId=c3c92351-f527-4c22-8fa3-85548abd8c23
The solution proposed by the mediator is not binding on the parties to the contract.
The Client is also informed that he can also use the Online Dispute Resolution (ADR) platform:
https://ec.europa.eu/consumers/odr/
Furthermore, any other alternative method of dispute resolution may be used, it being specified that HESCHUNG will endeavor to find an amicable settlement of the dispute.
In the absence of amicable RESOLUTION OF THE LITIGATE, it shall be brought before the competent court under the conditions of ordinary French law
ANNEX I
Withdrawal form
Date ______________________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.heschung.com except in the case of exclusions or limitations to the exercise of the right of withdrawal under the applicable General Terms and Conditions of Sale.
To the attention of [email protected]
I hereby notify the withdrawal from the contract for the property below:
- Order from (indicate date)
- Order number: .......................................................................................
- Client's name: .......................................................................................................
- Customer's address: ...................................................................................................
Client's signature (only if this form is notified on paper)