Terms and Conditions of Sale
Due to annual holidays, refund requests made in August will be handled in September.
Your contracting party for any purchase made on the website uk1.hom.com, is the company HOM, public limited company, whose head office is located at 7, rue Gaston de Flotte, B.P. 10063 – 13375 Marseilles Cedex 12 - FRANCE, registered with the Trade and Companies Registry (RCS) of Marseilles under the number 068 801 109, represented by Regine Weimar in her capacity as Managing Director (hereinafter referred to as “the HOM onlineshops”). You can contact us using the following email address: [email protected]. The consumer shall be defined as any non-professional buyer of goods intended for personal use. The present Terms and Conditions of Sale (hereinafter referred to as Terms and Conditions) that you explicitly accept without reservations in the version published when you place your order, governs all contracts made on the HOM website.
The HOM website reserves the right to modify its terms and conditions periodically. They will be applicable as soon as they are published online.
In the event of a condition not provided for in the present terms and conditions, it will be governed by the current practices applicable to the online sales industry for companies with their head office in France.
The purpose of the present Terms and Conditions is to define the rights and obligations of the parties in the context of the online sale of goods and/or provision of services offered by the HOM website to the buyer.
2. ORDER PROCESS
The HOM website allows you to make purchases directly online using the online catalogue and the form provided therein. In order to do this all you have to do is select the item(s) in the HOM line offered on the website (hereinafter referred to as the “Item(s)”) that you wish to purchase and add them to your shopping cart by clicking on the “Add to Cart” button. In accordance with article 1369-5 of French civil law relating to electronic-form contracts, you can view the details of your order as well as the total price and correct any potential errors before confirming your order and expressing your consent. For security reasons, each order is limited to a maximum amount (excluding fees and taxes) of 1,000 euros and this within a limit of 3 orders per week per household. Before confirming your order you can thus view the details and modify the Item(s) that you wish to purchase. Confirm your order by clicking “Continue”and “Proceed to checkout.”
For every confirmed purchase the buyer must accept, by clicking on the indicated zone, the present Terms and Conditions. He or she must choose an address and shipping option in order to validate the payment method.
The HOM website will send you a confirmation email upon receiving your order.
Every order constitutes acceptance of the price and description of the Item(s) for sale. Any dispute of this point will be subject to the provisions of a potential discussion and guarantees outlined below.
In certain cases, for example in the case of non-payment, an incorrect address or any other problem in the buyer’s account, the vendor reserves the right to block the buyer’s order until the problem is resolved.
The selection of Items offered on the HOM website is only valid as long as stock is available. In the case of Items ordered which are no longer available in-stock, we will cancel your order and inform you by email, or where applicable with our “Shipping Email” which will be sent to you when the available Items are shipped.
For any questions relating to order tracking, the buyer must call…
3. ELECTRONIC SIGNATURE
The online provision of the buyer’s credit card number and the final confirmation of the order constitute proof of the buyer’s agreement according to terms of the French law of 13 March 2000 and will be understood as:
- requirement of the owed sum in accordance with the order form
- signature and explicit acceptance of all transactions made.
4. PROOF OF TRANSACTION
Computerised records, saved in the vendor’s IT systems under reasonable security conditions, will be considered proof of communication, orders and payments that have taken place between the parties. Archival of order forms and bills is carried out on reliable and durable media that can be produced and serve as proof.
5. ITEM INFORMATION
The items governed by the present Terms and Conditions are those that appear on the HOM website and are indicated as being sold and shipped by the vendor. They are offered within the limits of stock availability.
The items are described and presented with the highest accuracy possible. Notwithstanding, if errors or omissions have occurred in this presentation, the vendor can in no way be held liable.
Payment for all orders made on our website is due on the day the order was placed. The prices indicated on the website are in Pound UK and include all taxes, but they do not include shipping fees which will be charged extra and indicated before the final order confirmation. Prices namely include the French sales tax (VAT) applicable on the day the CONTRACT is made. The price of the Items offered on the HOM website can change at any time according to the website’s pricing policy. The Items ordered will be billed according to the prices in effect at the time the order was placed.
Orders entail payment obligation, which means that confirming an order requires the buyer’s payment.
You have the option of paying for your order with a “VISA” or “MasterCard” credit card, in each case respecting the information provided to our website on the order page. We will not charge your card before sending you the Shipping Email confirming your order. In the case of a delay in payment, we reserve the right to bill additional charges corresponding with the legal rate from the date the follow-up letter is sent by email to the address provided when the order was made.
We also reserve the right to suspend all order treatment and delivery in the case of a credit card payment refusal from officially accredited organisations or in the case of non-payment. The HOM website namely reserves the right to refuse to deliver an item or to honour an order made by a buyer who has not paid for all or part of a previous order or with whom a payment dispute is in the process of being settled.
8. SHIPPING/ SHIPPING FEES
Orders will be shipped from the delivery centre located at 7, rue Gaston de Flotte, B.P. 10063 – 13375 Marseilles Cedex 12 – France. Except in the event of force majeure or unless otherwise stated on the website or when the order is placed, shipping time varies from 3 to 10 working days beginning as soon as the payment has been validated for your order. Any error or changes made by you for an order in the process of being shipped will lead to an extension of this delay. The additional fees will be your responsibility. Orders worth 100.00 pound UK or more will be shipped free of charge.
Shipping is only carried out after confirmation of payment by the HOM website’s banking organisation.
Products ordered are shipped by the French postal service or a haulier.
No delivery will be made to poste restante or P.O. boxes.
Products will be delivered to the address given by the buyer on the order form, as such the buyer must make sure that it is accurate. Any packages sent back to the vendor because of an incorrect or incomplete address will be re-shipped at the buyer’s expense. The buyer can, upon request, have the bill sent to the billing address and not the shipping address by selecting the option provided for this purpose on the order form.
If the buyer is absent on the day the package is delivered, the courier will leave a delivery notice which will allow the buyer to pick up the package at the indicated location during the indicated delay period.
If when the package is delivered the original packaging is damaged, ripped or opened the buyer must verify the condition of the items. If they have been damaged, the buyer must refuse to accept the package and note the damage claim on the delivery receipt (package refused because it was open or damaged).
The buyer must indicate any shipping irregularities on the delivery form in writing by hand ensuring the declaration is signed and dated (damages, product missing from the order form, package damaged, etc.).
This verification is considered to have been carried out when the buyer, or someone authorised by the buyer, signs the delivery receipt.
The buyer must then send a registered letter with proof of receipt confirming his or her claim to the haulier within two working days following the receipt of the item(s) and transfer a copy of this letter by fax or mail to the vendor at the address indicated in the website’s Legal Notice.
If the products need to be sent back to the vendor, the buyer must make a return request within 7 days of the delivery date. Any return request made after this delay will not be accepted. The return can only be accepted if the product is returned in its original condition (packaging, accessories, instructions, etc.).
9. SHIPPING ERRORS
The buyer must address any shipping error and/or product non-conformity claim concerning the nature or quality of the products in relation to the indications on the order form, to the HOM website on the date of delivery or at the latest on the first working day following the delivery. Any claims made after this delay will be rejected.
The claim can be made, at the buyer’s preference:
- by phone: +33 4 91 05 65 05;
- by email: [email protected]
Any claim that does not follow the conditions and deadlines outlined above will not be taken into account and disclaims the HOM website of any and all responsibility towards the buyer.
Upon receiving the claim, the HOM website will assign an exchange number to the product(s) concerned and communicate this number to the buyer by email. A product can only be exchanged after being attributed an exchange number.
In the case of a shipping or exchange error, any product eligible for exchange or refund must be returned to the vendor in its entirety in its original packaging by tracked postal service to the following address: HOM SA – BP 10063 – 7 rue Gaston de Flotte – 13375 Marseilles Cedex 12.
10. RETENTION OF TITLE
The HOM website retains the title of the Item(s) until the order has been paid for in full, in other words the reception of the full price of the order by the HOM website.
11. RIGHT OF WITHDRAWAL
Consumers have the right to withdraw which can be exercised according to the following instructions, in accordance with articles L. 121-20 and following of the French Consumer Code.
Exercising the right of withdrawal
Right of withdrawal
You can withdraw from your will to enter into a contract, without justification of motives, within fourteen (14) days by sending back the Items in question in their original condition and packaging and in a state to be resold. The delay of fourteen (14) days starts on the date of reception of the Items.
Sending back the Items within this delay is sufficient to be considered as having respected the deadline of fourteen (14) days.
For this reason you must use the return voucher that was sent to you with your order or another shipping method with parcel-tracking to avoid any lost packages.
Under these conditions HOM undertakes to reimburse the User having exercised his or her right to withdrawal the sum due as soon as possible and at the latest within thirty (30) days following the exercise of the right of withdrawal.
The Item(s) to be returned must be sent to: Boutique en ligne HOM 7, rue Gaston de Flotte, B.P. 10063 13375 Marseilles Cedex 12 - FRANCE Email: [email protected]
Consequences of the withdrawal
You must pay all of the return fees incurred by the right of withdrawal, unless you use the return voucher provided with your order. Upon receiving the Items, we will examine them and inform you by email within a reasonable delay of the Item(s) that are eligible or not for a refund in accordance with the present provisions. If you have used the Items contrary to the principles of civil law, the HOM website may be required to ask you for compensation. This could be the case namely for clothing having been subjected to use contrary to good hygiene practice or that has been visibly worn and/or washed. The refund of Items will be carried out, using the same method as your purchase payment, within 30 days following the date you exercised your right of withdrawal.
End of instructions pertaining to the right of withdrawal
If in spite of the care we take with our products, the delivered Item has a non-conformity defect or a hidden vice, you have additional legal rights according to articles L.211-4, L.211-5 et L.211-12 of the French Consumer Code as well as articles 1641 and 1648 of the French civil law.
The HOM website can under no circumstances be held responsible for a case of poor execution or absence of a contracted service attributable to you, for example related to data entry at the time of the order. The HOM website cannot be held responsible or considered to have failed to fulfil the obligations of the present Terms and Conditions for any delay or non-performance when the cause is linked to a case of force majeure, such as is normally defined by French case law.
Cases of force majeure shall be understood as all unforeseeable, unavoidable facts and circumstances exterior to and independent from the parties that cannot be prevented by the parties in spite of all responsible efforts made. By express agreement, in addition to those normally defined under French case law, cases of force majeure and unforeseeable occurrences will be understood to include: blockage of means of transportation and provision of supplies, earthquakes, fires, storms, floods, lightning, telecommunication networks being down or difficulties specific to telecommunication networks beyond the clients’ control.
14. PARTIAL INVALIDITY
The present Terms and Conditions remain valid and in force, even if one or more clauses are invalid or declared as such with the application of a law or regulation or following a decision made by the court of competent jurisdiction.
The failure of one of the parties to make a claim regarding the non-performance of any of the obligations of these Terms and Conditions by the other party shall not be construed as a waiver or relinquishment for the future of any such obligations.
In the case of difficulty interpreting any of the titles preceding the clauses, and this being for any of the clauses, the titles will be declared non-existent.
17. APPLICABLE LAW
All contracts made with the HOM website are subject to French law.
In the case of a dispute or claim, after an attempt to reach an amicable solution, the buyer can appeal to the court of jurisdiction of his or her choice.