The Seller is a designer of products and services of manufacturing, importing of precious metals, retailing of watches, jewelry, small leather goods to consumers, marketed through its points of sale, authorized distributors, its website (https://Halchimy.com) or those of its partners. The list and description of goods and services offered by the Company can be consulted on the above-mentioned sites.
The present General Conditions of Sale determine the rights and obligations of the parties in the context of the sale of Products offered by the Seller.
These General Terms and Conditions of Sale (GTCS) apply to all sales of Products, made through the Company’s points of sale, its authorized distributors, its website (https://Halchimy.com) or those of its partners, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The General Terms and Conditions of Sale applicable then are those in force at the date of payment (or of the first payment in case of multiple payments) of the order. These General Terms and Conditions of Sale are available on the Company’s website at the following address: https://Halchimy.com. The Company also ensures that their acceptance is clear and without reserve by putting in place a checkbox and a validation click. The Customer declares that he/she has read all of these General Terms and Conditions of Sale, and, if applicable, the Special Terms and Conditions of Sale related to a product or a service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information to ensure the suitability of the offer to his/her needs. The Customer declares that he/she is legally able to contract under French law or that he/she can validly represent the natural or legal person for whom he/she is contracting. If the Customer refuses to accept these General Terms and Conditions of Sale, he/she will not be able to order products from the Company. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions. By placing an order, Customer represents and warrants that it is a bona fide Customer and end-user and that it will not deliver, sell or otherwise distribute any of the Company’s products, nor will it purchase products for commercial purposes or for any commercial purpose. If, despite efforts, the product is no longer available or if the Company has valid reasons to believe that an order has been placed in violation of these General Terms and Conditions of Sale, then it may refuse such order. The Company reserves the right to modify the assortment of items offered and may, in particular, from time to time limit the quantity of products that may be ordered by a Customer in a single purchase transaction.
The prices of the products sold through the Company’s points of sale, its authorized distributors, its Internet site (https://Halchimy.com) or those of its partners are indicated in Euros excluding taxes and are precisely determined on the pages describing the Products. They are also indicated in euros including all taxes (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated before tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in some cases. These rights and sums do not fall under the jurisdiction of the Seller. They will be at the expense of the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the Buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time in the future. The costs necessary to access the Company’s points of sale, those of its authorized distributors, the Company’s Internet sites or those of its partners shall be borne by the Client. If applicable, also the delivery costs. While the Company endeavors to ensure that the descriptions, photographs or graphic representations of the products and services communicated are as accurate as possible, it does not warrant that these or other contents are free from error, whether as a result of inaccuracy, omission, obsolescence or otherwise. Accordingly, the Customer’s sole remedy in the event of such an error is to return the product as outlined in our returns policy.
The Customer will have to follow a series of steps specific to each Product offered by the Seller to be able to carry out his order. However, the steps described below are systematic:
Information on the essential characteristics of the product;
Choice of the Product, if necessary of its options and indication of the essential data of the Customer (identification, address, other);
Acceptance of the present General Conditions of Sale ;
Verification of the elements of the order and, if necessary, correction of errors;
Follow-up of payment instructions, and payment of products;
Product delivery.
The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. For the delivered products, this delivery will be made to the address indicated by the Customer. The Company or its third party providers may collect additional personal information at this time for security and fraud prevention purposes. In order to complete the order, and in accordance with Article 1316-1 of the French Civil Code, the Customer agrees to provide true identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
The essential characteristics of the goods, services and their respective prices are made available to the Buyer at the Company’s points of sale, its authorized distributors, on its website (https://Halchimy.com) or those of its partners. The Customer certifies that he has been informed of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer’s order within the limits of the available stocks of Products, or of the stocks of Products provided for in the case of pre-orders, only. This contractual information is presented in detail and in French and can be translated. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified in the points of sale of the Company, its authorized distributors, on its Internet site (https://Halchimy.com) or those of its partners, as well as the minimum duration of the contracts proposed when these relate to a continuous or periodic supply of products or services. Except under special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided). In accordance with the legal provisions concerning conformity and hidden defects, the Seller will refund or exchange the defective products or those that do not correspond to the order. The refund can be requested by contacting the Company.
The products remain the property of the Company until full payment of the price.
The products are delivered to the delivery address which was indicated at the time of the order. the delivery time, if indicated as an indication, does not take into account the preparation time of the order and the manufacturing in the case of a pre-order. When the delivery requires an appointment with the Customer, he will be notified. When the Customer orders several products at the same time, they may have different delivery times for optimization purposes. The customer also has the option of having the items delivered to a person of his choice, for example as a gift. The delivery of the articles will intervene after the payment of the amount of the order has been recorded and verified.
In the case of a subscription, Halchimy will estimate and inform in advance when the item will be ready for delivery, after having produced it. Committed to the satisfaction of its customers to prepare the article before the scheduled delivery date, Halchimy may have to advance this estimate. In the event of delays in the availability and quality of components, or factors beyond the company’s control, Halchimy may postpone the estimated delivery date in the interest of its customers. In order to secure his final payment, the Customer agrees to give his commitment on the subscription by paying at least half of the amount at the order. If the Customer has not paid the full amount at the time of ordering, the difference between the deposit paid and the total amount will be required before the product is delivered.
In specific cases, the Customer has the possibility of choosing the option of delivery in a business affiliated to Halchimy, at the time of his order, and of choosing the place of his choice among the proposals which will be offered to him. As soon as the article is available in the physical point chosen by the Customer, the latter is informed by means of a notification. He then has a period of 30 days to come and remove his article. When picking up the item at a physical point, the Customer must present the notification of availability of the item and a valid photo ID. A verification of the identity of the customer will then be operated and on this occasion, a copy of his identity card could be carried out, what the Customer accepts expressly by choosing this mode of delivery. The physical point also reserves the right to verify the payment card used for the payment of the order. The purchased item will then be given to the Customer against the signature of a collection voucher. The Customer also has the possibility of asking a person of his choice to come and collect the article in his place and on his behalf. This person will be asked to bring his or her own ID, the ID of the Customer on whose behalf he or she is collecting the item, a letter signed by the Customer authorizing this person to collect the item in his or her name and on his or her behalf, as well as (the notification of availability of the order in a physical location received by the Customer. The delivery point may make copies of all these documents in order to ensure the security of the Customer and to prevent any fraudulent use of his identity and/or means of payment. The Customer undertakes to inform any person he/she has mandated of the 30-day period he/she has to come and pick up the article in the store, of the necessary documents he/she will be asked to provide so that the article can be picked up, and that this service involves the processing of personal data concerning this person. After a period of 30 days from the sending to the Customer of the notification informing him that his article is available for collection in the store, the sale will be automatically cancelled. The Customer will then be refunded the price of his order. In case of delay in delivery, the Customer has the possibility to cancel the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller will then proceed to the reimbursement of the product and the “outbound” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure the follow-up of the order. The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage of the products is transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations about the delivered product.
Orders will be processed within the limits of available stocks of Products, stocks of Products provided for in the case of pre-orders, or subject to the stocks available from the Company’s suppliers. In case of unavailability, the order of this article could be cancelled on simple notification. The Customer may then request a credit note for the amount of the item or a refund.
Payment is due immediately upon ordering, including for pre-ordered products, online, by phone or in person. The Customer can pay by credit card, bank transfer, Paypal or BitCoin. Occasionally, other payment methods may be authorized by contacting the Company. Cards issued by banks domiciled outside of France must be international bank cards (Mastercard, American Express or Visa). The secure online payment by credit card is made by a payment provider. The information transmitted is encrypted according to the rules of the art. The Company uses “Secure Sockets Layer” (SSL) Internet security encryption on all its web pages where personal information is collected. Halchimy will make every effort to protect personal information throughout the online sales process, but we cannot guarantee the integrity and security of the data the Customer communicates and cannot be held responsible for any damage or loss resulting from the use of the Internet or Halchimy’s partner applications, for example in the event of hacking. In order to secure the transaction and prevent fraud, the Company will perform a verification and anti-fraud check. By placing an order, the Customer would be deemed to have authorized the Company to conduct such checks and, if deemed necessary, to occasionally transmit or obtain information provided by the Customer to the Company in order to authenticate the Customer’s identity, validate a payment method, obtain an initial authorization and authorize a particular purchase transaction. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order cancelled.
In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, except, where appropriate, the cost of return. “The period mentioned in the previous paragraph runs from the date of receipt for goods or acceptance of the offer for services. The right of withdrawal can be exercised by contacting the Company. The Company informs Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for bracelets, small leather goods and all Products created or modified at the specific request of the Customer. In case of exercising the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the purchase receipt.
Halchimy applies to some of its products special guarantee conditions in addition to the provisions of the law.
In accordance with the law, the Seller assumes two guarantees: of conformity and relative to hidden defects of the products. The Seller assures the Buyer of the repair of the apparently defective products or the exchange of those that do not correspond to the order placed. All other requests should be made by contacting the Company. The Seller reminds that the consumer :
has a period of 2 years from the delivery of the goods to act with the Seller;
that he/she may choose between replacement and repair of the goods subject to the conditions set forth in the above provisions;
that he is exempted from proving the existence of the defect of conformity of the good during the six months following the delivery of the good;
that the consumer can also assert the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this hypothesis, he can choose between the resolution of the sale or a reduction of the selling price (provisions of articles 1644 of the Civil code).
The Customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not conform to the order, the Customer must inform the Company and return the items in question in accordance with the conditions laid down. Notwithstanding the specific warranty conditions given to the Customer for the delivered item, the items are subject to the warranty conditions provided by law.
For any information, claim or question, the Buyer can present any claim by contacting the Company.
Trademarks, patents, designs, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these Terms and Conditions of Sale. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
The performance of Seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent the performance thereof. Seller shall notify Customer of the occurrence of such an event as soon as possible.
If any provision of this Agreement is invalidated, such invalidity shall not invalidate the remaining provisions, which shall remain in effect between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
In accordance with the Data-processing Law and Freedoms of January 6, 1978, you have the rights of interrogation, access, modification, opposition and correction on the personal data concerning you. By agreeing to these terms and conditions, you consent to our collection and use of this data for the purposes of this contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. The Company monitors the number of visitors to all its sites and sales outlets, both its own and those of its partners. Once you have registered your account on the website or through the Company’s representative, you will receive a notification that will allow you to access your account with a permanent account login and password. It is the Customer’s responsibility to maintain the secrecy and security of their password and account access at all times. The Company shall not be liable for any fraudulent use of your account resulting from a third party’s access and use of the Client’s password and account login. In the event that the Company has reason to suspect that a third party has breached a Customer’s registration, password and/or account login, the Company will immediately cancel and terminate such account and notify the Customer of the termination.
To the extent permitted by law, the Company makes no warranty of any kind with respect to this Agreement or its subject matter and shall in no event be liable for any direct or indirect loss or damage, including:
loss of opportunity (including loss of a Contract or a right to participate in a private or public offering);
the cost of an opportunity loss;
loss of income;
a loss of goodwill;
damage to reputation;
loss or corruption of data and in general,
and under any circumstances, of any loss or damage, direct or indirect, whether in contract or in tort. If the Company should nevertheless be held liable for damages relating to your reservation or to this Contract, it is stipulated that the Seller’s liability for the performance of the service is limited to 1000 euros.
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law, without reference to any conflict of laws provisions and excluding the Convention on the International Sale of Goods (CISG).
