The online store of the website www.studiohari.com, is owned and operated by Hari International, a simplified joint-stock company with capital of 10,000 euros. The head office of the company is based in Paris, 2, rue de la Roquette. The company is registered in the Paris Trade and Companies Register under number 824 686 075.
Any order for a product appearing on the online store of the website www.studiohari.com requires prior consultation of these terms and conditions. Accordingly, the customer acknowledges that he is fully aware that his agreement regarding the content of these terms and conditions does not require the handwritten signature of this document.
The customer has the ability to save or edit these terms and conditions, it being specified that both the backup and editing of this document are the sole responsibility of the customer. The customer, prior to his order, declares that the purchase of these products is for personal use and is not related to any professional activity. As a customer, the client has specific rights, which would be challenged in the event that the purchase of products or services through the website would actually relate to his professional activity.
The online store set up by Hari International as part of the website mentions the following information:
– legal notice comprising all relevant information about the company
– main features of the products offered for sale
– indication, in Euros, of the price of the products, as well as, if applicable, delivery charges
– indication of the terms of payment, delivery or execution
– existence of a right of withdrawal
– validity period of the offer or the price
– grounds for contract termination when its duration is indefinite or longer than a year
Article 1: Entire agreement clause
These general conditions are deemed to constitute the entire agreement of the parties. Any additional or different terms, which may be contained in any documents furnished by the customer, are deemed material and Hari International hereby objects to and rejects them. Any such additional or different terms are effective only if in writing and signed by an authorized representative of Seller.
Article 2: Object
These terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of products offered by the company Hari International to the customer.
Article 3: Contractual documents
The contract comprises these general conditions and the purchase order. In case of contradiction between the provisions contained in these general conditions and the purchase order, these general conditions will prevail.
Article 4: General provisions
These general conditions of sale apply to all sales of products made through the website of Hari International. Hari International reserves the right to modify them, at any time, by publishing a new version on its website. Therefore, the general conditions of sale applicable are those in force on the date of signature of the order form.
These conditions are available on the Hari International website at the following address: https://hari-studios.com/cgv/
Hari International makes sure that their acceptance is clear and unreserved by setting up a check box and click validation.
Also, the customer declares to have read all these general conditions of sale and to accept them without restriction or reservation. In addition, the client acknowledges that he has received all necessary advice and information to make sure that the offer meets his needs.
The customer declares that he is able to contract under French law or validly represents the person for whom he undertakes to place the order and make the payment.
The information recorded by Hari International constitutes proof of all transactions, unless proven otherwise.
Article 5: Commencement – Duration
These terms and conditions come into force at the date of order placement. They continue to apply until termination of the guarantees due by Hari International.
Article 6: Electronic signature
The “double click” of the customer under the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 7: Order Confirmation
The contractual information will be confirmed by e-mail at the latest at the time of delivery or failing that, sent to the address indicated by the customer in the order form.
Article 8: Proof of the transaction
The computerized registers, stored in Hari International’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
Article 9: Product Information
9-a: Hari International presents on its website the essential characteristics of the products offered for sale, in compliance with Article L 111-1 of the Consumer Code, which provides for the possibility for the customer the possibility to know before the order placement the main features of the products he wants to buy.
9-b: The offers on the online store are valid only while stocks last.
Article 10: Price
Prices are quoted in euros all taxes included. Delivery and invoicing are carried out at prices valid at the date of order placement. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases, but these taxes and sums are not within the jurisdiction of Hari International. It will the customer’s sole responsibility to pay them to the competent authorities. Hari International therefore invites the buyer to inquire about these aspects before placing his order.
The prices indicated on the website do not take into account the delivery costs. These delivery costs are calculated and indicated before the validation of the order and are then added to the invoice.
Full payment is due upon order. At no time can the amounts paid be considered as a deposit or installments.
Hari International reserves the right to change prices at any time in the future.
Article 11: Payment method
Payment is due immediately upon order, even for pre-order products.
The customer is able to choose between all the payment methods mentioned in the order form.
In accordance with Article L. 132-2 of the Monetary and Financial Code, payments made with a credit card are irrevocable. By providing his bank details at the time of the sale, the customer authorizes Hari International to debit his account for the amount of the transaction. Cards outside France must be international credit cards (Mastercard or Visa). The information transmitted is encrypted and cannot be read.
The customer guarantees Hari International that he has the permission to use the method of payment chosen by him. Hari International reserves the right to suspend any order and any delivery in case of refusal of authorization for payment by credit card from competent authorities or in case of non-payment. The company Hari International reserves the right to refuse to make a delivery or to honor an order from a customer whose invoice is not fully paid or with whom a payment dispute is in progress.
Article 12: Retention of title
The products remain the property of Hari International until full payment.
Article 13: Availability of products
Orders will be processed while stocks last.
If the product ordered is unavailable, the customer will be informed at the earliest. The customer will then be able to choose between the exchange of the product for a different size or colour of the same model or for another model at the same price, or the refund within 14 days of the sums paid. A commercial gesture may also be proposed.
Article 14: Terms of delivery
The order will be executed no later than 30 days from the day following the day the customer placed his order.
The products are delivered to the address indicated by the customer on the order form.
Regarding shipping, Hari International works primarily with the transport company La Poste, through its delivery services Colissimo and Lettre Suivie.
As soon as Hari International makes a shipment, the customer will receive a shipping confirmation e-mail.
The customer will also receive a mail with a tracking number that will allow him to have real-time updates about the transportation of the parcel.
In case of late delivery, the customer can resolve the contract under the terms and conditions defined in Article L. 138-2 of the Consumer Code. Hari International then proceeds to refund the product, in compliance with the conditions of Article L. 138-3 of the Consumer Code.
Article 15: Reception of the parcel – Procedure to follow in case of defective delivery due to carrier
When the customer receives the products, the risk of loss or damage to the products is transferred to him. It is therefore up to the customer to check the package and notify the carrier of all damages to the products.
Any defect concerning the delivery (damage, missing product, damaged parcel, broken products …) must be indicated on the delivery note in the form of “handwritten reserves”, accompanied by the signature of the customer. The customer must then send the carrier a letter confirming his defect claim, within two (2) business days following the delivery date. The customer will have to send a copy of this letter by e-mail to the following address: harishopclients@studiohari.com or in a letter addressed to:
Le Super Atelier
Livraison Hari Shop
221 rue Jacqueline Auriol
Quartier Koenig
14760 Bretteville-sur-Odon
If the carrier has been duly notified, the customer will be able to ask for an exchange or a refund in accordance with the provisions of article 16.
Article 16: Returns, refunds and exchanges in case of delivery error and/or reception of nonconforming products
16-a: The customer must present his claim of error of delivery, and / or nonconformity of the products in kind or in quality compared to the indications on the order form, to Hari International within 30 days following delivery. Any claim made afterwards will be rejected.
16-b: The formulation of this claim to Hari International can be made by email to the following address: harishopclients@studiohari.com. The customer must specify the problem encountered, and indicate his order number, his name and the delivery address. The customer must also specify if he requests an exchange or a refund.
16-c: The customer will also have to return the product to Hari International within 30 days following delivery, through Colissimo, to the following address:
Le Super Atelier
Retour Hari Shop
221 rue Jacqueline Auriol
Quartier Koenig
14760 Bretteville-sur-Odon
To be eligible for return, products must be unused and in the same conditions that the customer received them, with their original label.
16-d: Any claim made in a manner not conforming to the above-mentioned rules will not be taken into account and Hari International will therefore be released from any responsibility towards the customer.
16-e: Upon receipt of the complaint and when the products returned are accepted, Hari International will proceed to the refund or the exchange. The refund will be made within 14 days. Exchanges are only possible for the same model or item or for another model or item at the same price, within the limits of available stock.
16-f: Return costs for defective or non-conforming products will be reimbursed by Hari International.
Article 17: Returns, refunds and exchanges of correctly delivered and conforming products
Returns are possible within 30 days from the delivery of the order.
The customer will have to send an email to harishopclients@studiohari.com, explaining the reason for return (size not correct etc.), indicating the order number, the name of the recipient and the delivery address. The customer must also specify if he requests an exchange or a refund.
The customer will also have to return the product to Hari International within 30 days following delivery, through Colissimo, to the following address:
Le Super Atelier
Retour Hari Shop
221 rue Jacqueline Auriol
Quartier Koenig
14760 Bretteville-sur-Odon
To be eligible for return, products must be unused and in the same conditions that the customer received them, with their original label.
Upon receipt of the complaint and when the products returned are accepted, Hari International will proceed to the refund or the exchange. The refund will be made within 14 days. Exchanges are only possible for a different size or colour of the same model, or for another model or item at the same price, within the limits of available stock.
Return costs for correctly delivered and conforming products are the responsibility of the customer.
Article 18: Legal guarantees
In compliance with the law, these general conditions do not deprive the customer of the standard guarantees that the law confers to him against all consequences of latent defects of the product.
Thus, Hari International reminds the customer that the French law confers to him a legal guarantee of conformity, for a period of 2 years after the delivery of the goods. The customer can choose between the replacement or the repair of the product. On top of this guarantee, the French law confers to the customer a warranty against latent defects according to articles 1641 et seq. of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the selling price.
Article 19: Right of withdrawal
Article L. 121-20 of the Consumer Code provides that “the customer has a period of fourteen days to exercise his right of withdrawal without having to justify himself or to pay penalties, to the exception of return costs, where applicable”.
The withdrawal period is set beyond statutory requirements at 30 days. This period runs from the date of delivery of the customer’s order.
The customer will have to send an email to harishopclients@studiohari.com, explaining that he exercises his right of withdrawal, and indicating the order number, the name of the recipient and the delivery address.
The customer will also have to return the product to Hari International within 30 days following delivery, through Colissimo, to the following address:
Le Super Atelier
Retour Hari Shop
221 rue Jacqueline Auriol
Quartier Koenig
14760 Bretteville-sur-Odon
To be eligible for return, products must be unused and in the same conditions that the customer received them, with their original label.
This right of withdrawal can be exercised without any penalty fee, except for the costs of return.
When the customer exercises his right of withdrawal, Hari International proceeds to the refund no later than fourteen days after the date on which it was informed of the decision to withdraw.
The customer will then be reimbursed by credit of his bank account (secure transaction) in case of payment by credit card, or the Paypal service in case of payment via Paypal. In the second case, the return will be at the expense of the customer.
Article 20: Intellectual property rights
Brands, 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 assignment of intellectual property rights is made at the time of the sale. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 21: Force majeure
Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered fortuitous or force majeure event all facts or circumstances irresistible, external, unpredictable, inevitable, beyond the control of the parties and that cannot be prevented by them, despite all efforts reasonably possible. The party affected by such circumstances will notify the other within ten business days of the date on which it becomes aware of it. The two parties will then meet, within one month, unless the force majeure event prevents it, to examine and agree on the conditions under which the execution of the contract can be continued. In case the duration of the force majeure event is longer than three months, these terms and conditions may be terminated by the injured party. For instance, the following will be regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, as well as the shutting down of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 22: Severability
If one or more provisions of these terms and conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other provisions will still apply.
Article 23: No waiver
The fact that a party to this agreement does not claim a breach by the other party of any of the obligations referred to in these terms and conditions cannot be construed as a waiver of the obligation in question.
Article 24: Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 25: Applicable law
These general conditions are subject to French law.
In case of dispute or claim, the customer may contact Hari International via customer service (harishopclients@gmail.com) to explore an amicable solution.
Article 26: Data protection
For more details concerning the collection and use of data about the clients by Hari International, the customer can read the confidentiality charter, accessible via a link at the bottom of the website. The information requested from the customer is necessary for the processing of his order. It will be kept and analyzed solely for the purposes of improving navigation on the website and improving sales performance. The data will not be communicated to any third party, apart from the partner involved in the execution of the order, Le Super Atelier, who will manage stock and shipping. The customer can write to Hari International, whose contact details are within the confidentiality charter, to oppose such communication, or to exercise his rights of access, rectification or deletion of the information concerning him and contained in the files of Hari International, under the conditions provided by the law of January 6, 1978.
Article 27: Limitation of Liability
Except as otherwise provided in this agreement, Hari International’s liability is limited to direct and foreseeable damage resulting from the use by the customer of the website and the products sold and shipped by that company. Thus, neither Hari International nor its suppliers can be held liable for damages resulting from a fault of the customer or a failure or improper performance of its obligations. The same goes for an unpredictable and insurmountable event of a third party or in case of unforeseeable, irresistible and external force majeure.