GENERAL TERMS AND CONDITIONS OF SALE - Version dated August 23rd 2024

We invite you to print out these General Terms and Conditions of Sale.

SELLER identification:

Company name: HESCHUNG & CIE

Company legal form: simplified joint stock company

With head office at: 1 rue du chantier de Créosotage – 67790 Steinbourg – France
Registered in the Trade and Companies Register of: SAVERNE
Under SIREN number: 978 075 463
And with intra-community VAT number: FR 69 978 075 463
Telephone: +33 (0)3 88 91 43 43
Email address:   [email protected]

1. Preamble – Scope of application
In order to better meet its Customers' expectations, HESCHUNG & CIE (hereinafter the "Seller") has set up, alongside its own physical boutiques and its distribution network, a distance selling system for a selection of its products and accessories (hereinafter the "Product(s)").

The Products offered in the online boutique on the website www.heschung.com (hereinafter the "Site") are intended exclusively for natural persons who are consumers under the introductory article of the Consumer Code i.e. "any natural person who is acting for purposes which are primarily outside his or her trade, industrial, craft, liberal or agricultural activity”. The resale or distribution thereof is strictly prohibited.

These general terms and conditions of sale (hereinafter also referred to as the "GTCS"), in their version as at the time an order is placed, legally apply, without restriction or reservation, to all sales concluded between, on the one hand, the aforementioned Seller and, on the other hand, consumers wishing to purchase via the Site, hereinafter referred to as the "Customer(s)".

The Customer may access the GTCS at any time via a link on the Site’s page footer. In addition, the CCustomer must accept the GTCS by ticking the appropriate box before validating their order.

These GTCS are supplemented by i) the personal data processing policy, ii) the cookies policy and iii) the general terms and conditions of use of the Site.

They regulate the steps involved in placing an order and, more broadly, define the rights and obligations of the parties in the context of the online sale of goods offered by the Seller to the CCustomer.

2. Availability and enforceability of the General Terms and Conditions of Sale

The GTCS are available to all internet users on the Site, where they can be consulted directly.

By ticking the box "I have read and accept the General Terms and Conditions" (or any other equivalent wording), before placing an order, in accordance with the procedure described in Article 9 hereof, the Customer accepts these GTCS in full, acknowledges that they are fully aware of them and waives the right to invoke any other conditions, with the exception of those expressly accepted by the Seller.

The storage and reproduction of the GTCS are guaranteed by the Seller in accordance with the provisions of Article 1127-1 of the Civil Code.

These GTCS will prevail, where applicable, over any version or any other conflicting document. In particular, these GTCS apply to the exclusion of those applicable to other distribution or marketing channels for the Seller's products.

These GTCS were updated on 14 December 2023. This version cancels and replaces all previous versions.

3. Amendment of the General Terms and Conditions of Sale

The Seller can amend the GTCS at any time. If amended, the applicable GTCS are those in force on the order date, of which a dated copy may be given to the CCustomer on request. The new version of the GTCS cannot be applied to previous transactions.

4. Partial nullity - Waiver of a clause in the GTCS

In accordance with the provisions of Article 1184 of the Civil Code, the nullity of a clause in these GTCS will not entail the nullity of the GTCS as a whole.

The fact that the Seller does not apply, permanently or temporarily, one or more clauses of these GTCS, shall not constitute a waiver of its right to apply any of these clauses at a later date.

5. Products - Pre-contractual information

The Seller offers a selection of shoes from its men’s and women’s collection on the Site, as well as accessories, luggage and shoe care products (the "Product(s)").

The Customer acknowledges that, prior to placing his/her order and concluding the contract, he/she has been provided, legibly and understandably, with all the information listed in Articles L111-1 and L. 221-5 of the Consumer Code, and in particular with the main features of the Product.

The Product photographs do not constitute a contractual document. The Customer is informed that slight variations in tone in the photographic representation of the Products on the Site may occur for reasons linked to the display settings on the Customer's screen.

The decision to buy a Product is the sole responsibility of the Customer.

6. Product availability - Warning

The Products displayed on the Site are for sale worldwide.

The online sale prices on the Site are valid for as long as the Products appear on the Site and while stocks last, unless otherwise indicated.

The total quantity ordered may not exceed 10 of the same Product per order. In any event, any order that appears unusual, particularly with regard to its amount, quantity or frequency, may be halted or cancelled and may, if necessary, lead to the suspension and/or closure of the CCustomer's account.

7. Product prices

In accordance with the provisions of the Consumer Code, the prices of Products for sale on the Site are expressed in Euros and include all taxes for European Union countries and exclude taxes (and, where applicable, customs duties) for other countries (outside the European Union). They also exclude delivery and transport costs, which are additional as stated before the order is validated.

The Seller reserves the right to amend their prices at any time and without prior notice, without, however, affecting orders already placed. Therefore, the sale price of the Product is the current price on the day the order is placed.

8. Transport costs

Transport costs are expressed in Euros and include all taxes for European Union countries and exclude taxes for other countries (outside the European Union). They are payable by the CCustomer and vary from country to country.

These costs are clearly stated during the order process and before the order is validated or by clicking here.

Delivery within France is in partnership with Chronopost (Home delivery or Collection Point)

Delivery outside of France is in partnership with DHL.

Inclusion of these delivery costs may occasionally be offered as part of promotional campaigns and offers, subject to certain conditions expressly set out in the various communication media used.

The beneficiary CCustomer will be informed of these offers by any means.

9. Account creation - Order

9.1 Client space - Account

To place an order, the CCustomer is invited to create an account (personal space).

To do this, they must register by filling in the form provided at the time of ordering and undertake to provide truthful and accurate information concerning their civil status and contact details, in particular their email address, with compulsory information being indicated as such or by an asterisk.

The CCustomer is responsible for updating the information supplied. They are advised that they can amend this information by logging into their account.

To access their personal space and order history, Customers must identify themselves using their email address and password, which will be sent to them after registration, and which are strictly personal. On this basis, the Customer agrees not to divulge any of these details. If they do, they will remain solely responsible for any use made of the details.

The CCustomer may also request to unsubscribe by visiting the relevant page in their personal space or by sending an email to: [email protected]. This will take effect within the applicable legal time limit.

In the event of non-compliance with the GTCS and/or the general terms and conditions of use of the Site, the Site will have the option of suspending or even closing a CCustomer's account after formal notice has been sent electronically and there has been no response for a period of fifteen (15) calendar days.

Any account deletion, whatever the reason, will result in the complete deletion of all the CCustomer's personal data.

The Seller will not be held liable for any event due to force majeure resulting in the malfunction of the Site or server or subject to any interruption or amendment in the event of maintenance.

The creation of an account implies the acceptance of these GTCS and the general terms and conditions of use of the Site.

9.2 Ordering

After creating an account and clearly identifying themselves by entering their email address and password, the Customer can place an order on the Site by selecting a Product, a colour and a size, and clicking on the "add to basket" option.

A summary page called “basket” will then be displayed, which contains the Product(s) descriptions, colours, size(s), quantity, unit price, total delivery cost and the total price of the order (also available by clicking here) if the Customer is already logged in to their CCustomer account.

The Customer may then continue shopping or validate their basket after having had the opportunity to check the accuracy of their selection, the details of their order and its total price, and to return to the previous pages to correct any errors or omissions or to amend their order. At this stage of the ordering process, the Customer also has the option of changing the delivery address to which he/she would like the order to be delivered.

Validation of the order implies express acceptance by the Customer of all the actions carried out on the Site, as well as the prices and descriptions of the Products.

Confirmation of the order by the Seller occurs when the Customer's payment on the Payplug site, on the Paypal site, or the Oney payment in instalments without charge site is verified by the Seller. This confirmation, which occurs after the Seller has verified payment, will be sent to the Customer by email.

The contract of sale is created at the time of confirmation by the Seller of the order (which takes place after payment verification by the Seller), unless a technical error has led, at the time of ordering, to the setting of a zero or derisory price for a Product. In this case, the Seller is entitled to cancel the order and reimburse the full price paid.

The order confirmation by the Seller is accompanied by the standard withdrawal form referred to in Article 13 below.

The standard withdrawal form is also available in the attached annex and on the Site.

10. Payment terms and conditions - secure payment

The price is payable in full in a single amount when the order is placed.

Payment for purchases made on the Site is made exclusively in Euros (any exchange and bank charges being payable by the Customer), by bank card or by Paypal account. Carte Bleue, Visa, Eurocard/Mastercard and American Express are accepted. Payment in instalments without charge is also possible on the Oney site. The Customer assures the Seller that he/she is the holder of the payment card and that the name appearing on this card is his/her own.

As soon as the Customer chooses to pay by bank card on the Payplug platform, he/she is directed to a page for entering the information required for payment, specifically: the bank card number, its expiry date and the visual cryptogram (CVV) on the back of the card. The Customer is then connected directly to the bank's server in SSL secure mode, ensuring the confidentiality of the information entered, to which neither the Seller nor any third party has access.

The Customer benefits from enhanced protection against fraudulent use of their card on the Site, as the Seller holds the 3D Secure online payment guarantee. 3D Secure is a programme created by the international issuers Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) aimed at strengthening the security of card payments on the Internet.

If the Customer chooses to pay for their order via the Paypal platform, they will be directed to this platform where they can either connect to their Paypal account to pay using their Paypal account or enter their bank card details to pay by bank card

If the Customer chooses to pay for his/her order via the Oney platform, they will be directed to the Oney platform where they can pay by bank card in several instalments without charge. If the Customer agrees to subscribe to the Oney platform service, their details will then be sent to Oney who, subject to review and acceptance of the Customer's application, will provide them with a payment schedule summarising the amount of the various monthly instalments.
In this respect, the Customer is informed that “Credit is binding on you and must be repaid. Check your ability to repay before committing yourself. “

If the payment is accepted, the Customer will be given the transaction reference and an authorisation number, which they should keep. The payment will be recorded immediately and validated within 48 hours. If, however, the payment authorisation is not granted, the Customer will be offered a link back to the merchant site, and the order will not be confirmed.

The payment made by the Customer will not be considered final until the Seller has actually received the amount due.

11. Order cancellation after order confirmation

Once the order has been confirmed, the Customer may cancel the order within 24 hours of the order confirmation.

Orders may be cancelled by telephone on +33 (0)3 88 91 43 43, Web service, or by sending an email to the following address: [email protected], specifying the correct identity and the number of the order to be cancelled.

Once this period has elapsed, the dispatch process can no longer be stopped and, if the right of withdrawal is exercised, the Customer must return the parcel in accordance with the provisions of Article 13 below.

12. Delivery/Delivery area

Products for sale on the Site may be delivered against a signature, worldwide to private addresses and excluding post office boxes, hotels and ‘poste restante’.

Orders are prepared and dispatched in the week following their registration date.

Delivery to the address indicated during the ordering process will take place within an average of 2 to 6 working days following the date of dispatch. The Seller undertakes to use its best endeavours to deliver the products ordered by the Customer within the time limits specified above.

Delivery means the transfer of physical possession or control of the Product to the Customer.

When the Product is delivered, a delivery note must be signed by the Customer, who must check the conformity and state of the packaging of the Product upon receipt. Any anomaly noted on the external appearance of the parcel shall be subject to reservations, which it is essential that the Customer records on the delivery note, a copy of which will be sent to the Seller within 48 hours.

In accordance with the provisions of Article L 216-6 of the Consumer Code, in the event of the Seller failing to fulfil its obligation to deliver the goods on the date or at the end of the agreed period, for any reason other than force majeure or the fault of the Customer, the Customer may (taking into account the obligation to pay when the order is placed):

1° Cancel the contract if, after having given formal notice to the Seller to deliver within a reasonable additional period, the Seller has not done so within that period. The contract shall then be deemed to have been terminated on receipt of the correspondence informing the trader of this termination unless it has been delivered in the meantime.

2° Cancel the contract immediately if the conditions set out in Article L216-6, II of the Consumer Code are met.

When the contract is terminated under the legal conditions the Seller will reimburse the Customer for all amounts paid, at the latest within fourteen days of the date on which the contract was terminated.

Every delivery within the European Union will be accompanied by an invoice detailing the price of each Product in Euros, the amount of VAT and the delivery costs.

For deliveries to other countries outside the European Union invoices are issued in Euros and without VAT. However, the recipient will have to pay the customs duties and taxes in force when the parcel enters their country.

 

13. Right of withdrawal

 

14. Returns

The Customer has a contractual right of return, referred to as “Returns”.

This right of Return option does not deprive the Customer of his/her legal right of withdrawal; the existence of this option does not exclude the Customer's right to exercise his/her right of withdrawal during the legal period of 14 days.

The Returns terms and conditions are as follows:

• Returns can be made during the 21 days following receipt;
• Return costs are payable by the Customer, except in the case of returns to a collection point which is possible for Returns in mainland France;
• All new, unworn and unused items may be returned, with all accessories and tags (travel bags, labels, original boxes, etc.) so that they can be re-sold. To be eligible for Return, shoes must not have been worn and not contain creases. Any item returned that is damaged will be returned to the Customer at their expense. In this regard, the shoes must only have been tried on a clean and smooth surface (and not worn).
• The refund will be given a few days following receipt of the parcel.

The return procedure is:

• Go to your Customer account on the Site under the heading “My Orders” and go to the page containing the relevant order.
• In the "My returns" area, tick the Product(s) you wish to return, specify the reason for the return in the field provided and then confirm.
• As soon as the Returns request has been validated, the Seller will send an email indicating that the status has changed to "awaiting parcel": the Customer can then send the parcel, together with the invoice, to the returns address: HESCHUNG & CIE - Retour web – 1 rue du chantier de Créosotage 67790 Steinbourg.

15. Guarantee

The Products supplied by the Seller automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions, benefit from:

• - the legal guarantee of conformity, for Products which appear to be defective, worn or damaged or which do not correspond to the order;
• - the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

15.1. Legal guarantee of compliance

The Seller undertakes to deliver goods that comply with the contractual description and the criteria set out in Article L217-5 of the Consumer Code.

It is liable for defects in compliance that existed at the time of delivery of the Products and that appear within two years of delivery.

This guarantee period applies without prejudice to Articles 2224 et seq. of the Civil Code, with the limitation period beginning on the day the Customer becomes aware of non-compliance.

Compliance defects that appear within twenty-four months, or twelve months in the case of second-hand goods, of delivery of the Products are, in the absence of proof to the contrary, presumed to have existed at the time of delivery.

In the event of non-compliance, the Customer may request that the Products delivered be repaired or replaced or, failing that, that the price be reduced, or the sale cancelled, in accordance with the legal conditions.

They may also suspend payment of all or part of the price or the remittance of any benefit provided for in the contract until the Seller has fulfilled its obligations under the legal guarantee of compliance, under the conditions of Articles 1219 and 1220 of the Civil Code.

It is up to the Customer to ask the Seller to ensure compliance of the Products, by choosing between repair or replacement. Compliance of the item must be ensured within a period not exceeding (30) days following the Customer request.

The repair or replacement of the non-compliant Product includes, where applicable, the collection and return of the Product and, where applicable, the redelivery of the Product that now complies or has been replaced.

Any non-compliant product that is brought into compliance under the legal guarantee of compliance will benefit from a six-month extension of this guarantee.

In the event of replacement of the non-compliant Product where, despite the Customer's choice, the Seller has not brought the Product into compliance, the replacement will begin a new period of legal guarantee of compliance in the Customer’s favour, as from the delivery of the replaced Product.

If the requested compliance is impossible or involves disproportionate costs under the conditions set out in Article L 217-12 of the Consumer Code, the Seller may refuse to offer compliance. If the conditions set out in Article L 217-12 of the Consumer Code are not met, the Customer may, after formal notice, proceed to enforcement regarding the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.

Ultimately, the Customer may demand a price reduction or cancellation of the sale (unless the non-compliance is minor) in the cases set out in Article L 217-14 of the Consumer Code.

Where the non-compliance is so serious that it justifies a reduction in the price or the immediate cancellation of the sale, the Customer is not obliged to first request the repair or replacement of the non-compliant Product.

The price reduction is proportional to the difference between the value of the Product delivered and the value of this item in the absence of non-compliance.

If the sale is cancelled, the Customer will be reimbursed the price paid for the return of the non-compliant Products to the Seller, at the latter's expense.

The refund will be made as soon as the non-compliant Product is received or proof that it has been returned by the Customer is received, and at the latest within the following fourteen days, using the same means of payment as the one used by the Customer at the time of payment, unless the Customer expressly agrees otherwise and in any event at no additional cost.

The foregoing provisions are without prejudice to the possible award of damages to the Customer for any loss suffered by them as a result of the non-compliance.

15.2. Legal guarantee against hidden defects

The Seller is liable for hidden defects under the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.

The Customer may decide to implement the guarantee against hidden defects in the Products in accordance with Article 1641 of the Civil Code; in this case, the Customer may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.

15.3. Mandatory information

15.4. Terms of return in the event of application of a legal guarantee

Customers wishing to claim the hidden defects guarantee or the compliance guarantee may send their request, in order to obtain a return voucher where applicable, by post to the Seller's head office address, by telephoning +33 (0)3 88 91 43 43 or by email to [email protected].

Within the framework of the exercise of the legal guarantee against hidden defects, or the legal guarantee of compliance, if the item must be returned to the Seller, the Customer may return it by post to the address on the returns form, in any packaging that allows it to be transported, franked at the current postal rate, and enclosing the duly completed returns form.

Any postal consignment will be reimbursed, at the Customer's choice, by bank transfer or credit note, within fourteen (14) days of confirmation of acceptance of the goods by the Seller, under the legal guarantee implemented by the Customer.

16. Customer Service

For further information, the Customer can contact:

By email: [email protected];
By telephoning: +33 (0)3 88 91 43 43, Web service,
By post: HESCHUNG & CIE - Retour web – 1 rue du chantier de Créosotage 67790 Steinbourg, France

17. Reservation of ownership

THE PRODUCTS ORDERED REMAIN THE PROPERTY OF THE SELLER UNTIL PAYMENT HAS BEEN RECEIVED FROM THE CUSTOMER.

18. Liability waivers

The Seller cannot be held liable in the following cases:

• - due to the CUSTOMER;
• - force majeure as defined by French case law and Article 1218 of the Civil Code;
• - non-compliance with the legislation of the country to which the Products are delivered, which the Customer is responsible for checking before placing his/her order;
• in the event of misuse, use for professional purposes, negligence or lack of care/storage on the part of the Customer, or in the event of normal wear and tear of the Product.

19. Personal data processing

As part of the operation of the Site, the Seller collects and processes Customer and Site user personal data.

As part of the management and tracking of orders, its customer relations and with a view to development and marketing, the Seller will process Customer and Site user personal data.

The data processed may be communicated to any of the Seller's partners responsible for executing, processing, managing and paying for orders.

Under the conditions defined by the “Data Protection Act” and the European Data Protection Regulation (also known as the "GDPR"), individuals whose data is processed have the right to access, rectify, delete, minimise and, where appropriate, transfer their personal data, as well as the right to limit its processing.

The individuals concerned also have the right to give general and specific instructions defining how they intend their rights mentioned above to be exercised after their death.

Under the conditions laid down by the Law and the GDPR, if the legal basis for processing is the legitimate interest of the person in charge of processing, unless either or both of them can demonstrate the existence of compelling legitimate grounds for such processing which override the interests, rights and freedoms of the individual concerned, individuals may also, on grounds relating to their particular situation (legitimate grounds), may object to the processing of their data.

If the legal basis for the processing is the explicit consent of the individual concerned, this may be withdrawn at any time.

To exercise these rights or for any questions on your data processing please contact: [email protected]

The individuals concerned have the right to complain to the competent supervisory authority in France, the Commission Nationale de l'Informatique et des Libertés (CNIL).

For further information, Customers are invited to refer to the PERSONAL DATA PROCESSING POLICY available on the Site at the following link.

In addition, in accordance with the provisions of Article L 223-2 of the Consumer Code, the Seller informs the Customer that he/she has the right to register on the "Bloctel" telephone unsolicited commercial phone call list, which can be accessed on the website https://www.bloctel.gouv.fr/.

20. Cookies

The www.heschung.com website uses cookies to distinguish Customers from other users of its services and to offer them the best possible experience on the Site.

Customers are invited to consult the cookies policy for further information on the use of cookies and how to deactivate them.

21. Evidence agreement - Archiving

It is expressly agreed that, in accordance with the provisions of Article 1366 of the Civil Code, the data stored in the Seller's computer system under reasonable security conditions have evidential value, in particular with regard to communications between the Seller and the Customer, orders placed by the Customer and payments made (both in terms of the content of these and the time at which they were made). Data on computer or electronic media constitute valid evidence and as such are admissible under the same conditions and with the same evidential value as any document drawn up, received or kept in a paper version.

Email addresses and postal addresses are also considered perfect evidence.

Order forms and invoices are archived on a reliable and durable backup media, so they correspond to a true and durable copy in accordance with Article 1379 of the Civil Code.

To access data registered from online orders the Customer can send their request to: [email protected]

22. Waste information

22.1. Waste information - household packaging

In application of Article L.541-10-13 of the Environment Code, the unique identifier < in the process of being awarded > attesting to registration in the register of producers in the Packaging sector has been allocated to HESCHUNG & CIE by SYDEREP (ADEME). This identifier attests to HESCHUNG & CIE compliance with its obligation to register in the packaging sector register and to submit its declarations of placement on the market to CITEO.

22.2. Waste information - textiles

In application of Article L.541-10-13 of the Environment Code, the unique identifier < in the process of being awarded > attesting to registration in the register of producers in the Textiles sector has been allocated to the company HESCHUNG & CIE by SYDEREP (ADEME). . This identifier attests to the company's compliance with its obligation to register with the Textiles sector and to submit its declarations of placement on the market to Refashion.

23. Applicable law and rules in the event of a dispute

These general terms and conditions of sale are written in French (and translated to English) and are subject to French law.

In accordance with Article l. 612-1 of the Consumer Code, the Customer may use consumer mediation to resolve any dispute he/she may have with Heschung, provided that (i) he/she has first referred the matter to the Seller's customer service department in writing and no solution has been found and (ii) his/her referral is not manifestly unfounded or abusive.

The Customer remains free to accept or refuse consumer mediation.

In accordance with Article L.612-1 of the Consumer Code, the consumer, subject to Article L.612-2 of the Consumer Code, has the option of submitting a request for amicable resolution by mediation, within a period of less than one year from the date of his/her written complaint to the trader.

HESCHUNG & CIE has designated
SAS Médiation Solution as a consumer mediation body through its membership registered under the number 51788/VM/2310.

To refer a matter to the mediator, the consumer should make their request:

• In writing to: Sas Médiation Solution - 222 chemin de la bergerie 01800 Saint Jean de Niost
• By email to: [email protected]
• By completing the online form “Contact the Ombudsman/Mediator” on the website: https://www.sasmediationsolution-conso.fr/

Whatever means of referral used, the request must contain:

• - The postal details, telephone numbers and email addresses of the person making the referral,
• - The name, address and Sas Médiation Solution registration number of the trader concerned,
• - A brief statement of the facts,
• - A copy of the previous complaint,
• - Any documents required to investigate the request (order form, invoice, proof of payment, etc.).

The solution suggested by the mediator is not binding on the parties to the contract.

In addition, the Customer will have the option to resort, if they wish, to any other alternative dispute resolution method.

The Customer is also informed that the European Commission provides an online platform for resolving disputes between consumers and traders in the European Union, which the Customer can access via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show

ATTACHED ANNEX: Standard withdrawal form