Terms & Conditions
The present conditions of sale are concluded on the one hand by the micro-enterprise HIEVAYA whose head office is located at 5 avenue du général de Gaulle, 94160 Saint-Mandé, exempted from registration in application of article L 123-1-1 of the commercial code. VAT not applicable, art. 293 B of the French General Tax Code. SIRET number 852 744 846 00027 hereinafter referred to as "HIEVAYA" and managing the website www.hievaya.com and, on the other hand, by any individual or legal entity wishing to make a purchase via the website www.hievaya.com hereinafter referred to as "the buyer".
Article 1. Subject
The present conditions of sale aim to define the contractual relations between HIEVAYA and the purchaser and the conditions applicable to any purchase made through the HIEVAYA website. The acquisition of a product through the present site implies an unreserved acceptance by the purchaser of the present conditions of sale which the purchaser acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the HIEVAYA website is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have full legal capacity, allowing him to commit himself under the present general conditions of sale.
The company HIEVAYA retains the possibility to modify these terms and conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force at the date of the order by the purchaser.
Article 2. Products
The products offered are those that appear on the company's website www.hievaya.com . HIEVAYA within the limit of available stocks. The company HIEVAYA reserves the right to modify the range of products at any time. Each product is presented on the website in the form of a description with its main technical characteristics. The photographs are as faithful as possible but do not commit the Seller. The sale of the products presented on the website www.hievaya.com is intended for all buyers residing in countries that fully authorise the entry of these products into their territory.
Article 3. Prices
Prices are in euros and are calculated net of tax. They are not increased by the rate of VAT, the status of auto-entrepreneur implying an exemption of VAT, according to article 293 B of the CGI. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order.
Article 4. Order and terms of payment
Payment is due immediately upon order, including for Products that have been pre-ordered. The sale shall not be considered final until confirmation of acceptance of the order has been sent by the Seller and the full price has been received. The Buyer may pay by Paypal or by Stripe. Other possible payment methods to be confirmed with the Seller.
The secure online payment by credit card is made through the payment providers Paypal and Stripe. The Seller accepts only certain cards indicated by the payment provider.
Once the payment is initiated by the buyer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information at the time of the sale, the Buyer authorises the Seller to debit his card for the amount relating to the price indicated. The Buyer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the sale is immediately cancelled by operation of law and the order is cancelled. The data recorded by the payment platform and kept by the Seller constitute proof of the order and of all transactions between the Buyer and the Seller.
Article 5. Property reserve
The company HIEVAYA retains full and entire ownership of the products sold until the full payment of the price, in principal, including costs and taxes.
Article 6. Withdrawal
Pursuant to Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for the cost of return.
The return postage is at the expense of the Buyer. The return of the goods must be made in the original packaging with a copy of the invoice. All products used, opened packaging or damaged by the Buyer will not be exchanged or refunded.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made by Delivengo service of La Poste, delivery service with tracking. As an indication, according to the information provided by the Delivengo service of La Poste, here are the usual delivery times, in working days: Delivery time: 2 to 5 days to Europe and 6 to 12 days to the rest of the world, with tracking number.
If these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. The company HIEVAYA will be able to provide the buyer with the tracking number of his package by e-mail. The purchaser is delivered to his/her home by his/her postman. In case of absence of the buyer, he will receive a delivery notice from his postman, which allows him to collect the ordered products at the nearest post office, during a period indicated by the postal services. The Buyer must check in the presence of the carrier the state of the Products of his order and precisely indicate on the delivery note of the carrier any reserves in case of missing or damaged items. As the Seller and the carriers are distinct and independent entities, the Seller cannot be held responsible for any delay and error in delivery or loss of package attributable to the carrier validated by the Buyer.
Article 8. Guarantee
All products supplied by the company HIEVAYA benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. If the delivered order presents a defect, the legal provisions are applicable. The Buyer is requested to notify the forwarding agent of any obvious transport damage, as well as the seller. If the Buyer does not comply, this shall not affect his statutory or contractual rights.
Article 9. Responsibility
The company HIEVAYA in the process of distance selling, is only bound by an obligation of means. Its responsibility cannot be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service, or other involuntary problems.
Article 10. Intellectual Property
All the elements of the site www.hievaya.com are and remain the intellectual and exclusive property of the company HIEVAYA. Nobody is authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.
Article 11. Personal data
The company HIEVAYA undertakes to preserve the confidentiality of the information provided by the purchaser, which he would be led to transmit for the use of certain services. Any information concerning him/her is subject to the provisions of law n° 78-17 of 6 January 1978. As such, the Internet user has the right to access, modify and delete information concerning him/her. He or she may request this at any time by e-mail: firstname.lastname@example.org.
Article 12. Dispute resolution
The present conditions of distance selling are subject to French law. For all disputes or litigation, the competent court will be that of Saint-Mandé.