GENERAL SALES CONDITIONS
Date of last update: 01/10/2021
This website, www.hjcstore.com/fr (hereinafter “the Site”) is published by HJC EUROPE S.A.R.L., a limited company with a capital of EUR 3,500,000.00 whose registered office is located at 1 Rue Benjamin Silliman Jr., 67116 Reichstett, France, identified under the RCS (companies register) number Strasbourg B 437 928 757, VAT number FR47437928757 (hereinafter “HJC EUROPE”). HJC EUROPE operates the Site and the range of HJC EUROPE products (hereinafter the “Products”) and services (hereinafter the “Services”) offered on the Site as well as the processing of orders (delivery, returns, customer service, etc.).
Preamble
These general terms and conditions of sale (hereinafter “GTC”) are concluded between HJC EUROPE and the customers (hereinafter “Customer”) on the Site.
Any natural person of at least eighteen (18) years of age and with full legal capacity to enter into a contract, ordering on the Site and considered a consumer within the meaning of the French Consumer Code, i.e. acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or professional activity, shall be considered a Customer.
As such, any resale of HJC Products purchased on the Site is strictly prohibited. In the event of non-compliance with this prohibition, HJC EUROPE reserves the right to take any action against the Customer, including, without prejudice to any other rights, restricting the sale of Products to the Customer, cancelling any order, and/or suspending the Customer’s account.
1 – Ordering
1.1. Prior identification: In order to place an order, you must connect to the Site and log in to the customer account that you will have created on the Site. To create an account, you must fill in a registration form, available on the Site. Your e-mail address will be your login ID and you will need to create a password. This information is strictly confidential and you will be solely responsible for the consequences of the use of your account until it is deactivated. This information is necessary for the management of orders and our commercial relationship. You agree to provide correct and complete information.
1.2. The contractual information is presented in French and will form the subject of a confirmation containing this contractual information displayed before you validate your order.
The photos of the Products are provided for illustrative purposes only. Please refer to the description of each Product for its key features.
1.3. Product selection: Having familiarized yourself with the key features of the Product(s), you must select the Products for which you wish to place an order, then add them to your basket. You will then have the choice to continue shopping or go directly to your basket. You can then view a summary of your order and proceed to the order validation stage.
1.4. Delivery method: When validating your order, you will be informed of the delivery method for your selected Product(s), as defined in Article 6 of these GTC.
1.5. Validation of your order: By clicking on the button at the end of the order process, as well as in the checkbox, you declare that you accept the order, including the price of the Product(s) that you are obliged to pay, and that you have read and accepted the entirety of these GTC in force.
1.6. After validation of your order, you will receive, via the e-mail address you provided in the registration form, an e-mail acknowledging receipt of your order and summarizing your order details.
1.7. Account deactivation: In the event of non-compliance with these GTC, HJC EUROPE may automatically deactivate your account, without compensation, having notified you of such by e-mail with return receipt.
2 – Prices
2.1. The product prices for deliveries within the European Union are indicated in euros and include all taxes. The product prices for deliveries outside the European Union are indicated by default in Euros and do not include possible taxes. The customer agrees to pay, where applicable, any taxes that may be required by the country of delivery, including the customs duties. Please note that the customer may be asked to pay these duties and that HJC EUROPE will not be liable for the customer's failure to pay such duties and taxes..
2.2. Prices are subject to change at any time but the Products will be invoiced on the basis of the prices in force at the time of your order validation.
2.3. The Products do not become your property until the price has been paid in full. We remind you that when you take physical possession of the Products ordered, the risk of loss or damage to the Products is transferred to you.
3 – Payment
3.1. Validation of your order implies the obligation to pay the price indicated.
3.2. Payment for your purchases can be made by the following payment methods: - By credit card: CB, VISA, MasterCard; or – Using the online payment service PayPal, under the conditions established by these payment services. HJC Europe reserves the right to verify the personal data provided by the Customer, including the identity of the owner of the payment method used, in order to check for fraud. In the event of fraud, the order may be cancelled without prejudice to the exercise of any legal action before the competent authorities.
3.3. The amount paid will be debited upon delivery of your order. Credit cards will be verified and authorized by the financial institution by which they were issued. If the issuing institution does not authorize the payment, the order will be rejected.
3.4. You will receive your invoice by e-mail. A paper invoice can be sent to you upon request from HJC EUROPE. You must keep the invoice as proof of purchase in order to exercise of your rights of warranty, cancellation and return of any kind.
4 – Right to cancel
4.1. Legal cancellation (cooling-off) period: In accordance with the legal provisions in force, you have a period of fourteen (14) days from the receipt of your Products in which to exercise your right to cancel, without needing to provide a reason or pay any penalty. This period runs from the time you, the Customer, or a third party other than the carrier, designated by you, actually takes possession of the package, or, if the order was delivered in several packages, after the date on which the Customer or a third party other than the carrier and designated by the Customer takes physical possession of the last package. If this cooling-off period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
4.2. Conditions for exercising the right to cancel: If you exercise your right to cancel within the cooling-off period of fourteen (14) days, only the price of the Product(s) purchased will be refunded.
In accordance with legal provisions, you can exercise your right to cancel: By logging in to the customer area of the Site using your e-mail address and password and clicking on the “Return” button.
4.3 Procedure for exercising your right to cancel: Once the cancellation form or declaration has been sent to HJC EUROPE (available to download here: https://hjchelmets.eu/documents/Formulaire-de-retractation.pdf) no later than fourteen (14) days following receipt of your order, a returns slip will be sent to you, if you live in France, so that you can drop off your parcel at a drop-off point. If the helmet to return is abroad, not in France, the cost to return it are your responsibility
The returns form will be sent to you within a reasonable period of time and no later than fourteen (14) days of receipt of your request to cancel.
The Products must be returned intact, in their original condition, complete (packaging, accessories, instructions, etc.) and, if possible, accompanied by a copy of the purchase invoice to expedite the returns process, so that HJC EUROPE can check the conformity of the Products (error, faulty, damaged and/or incomplete) and ensure that they can be resold as new. In the event of depreciation of the Product resulting from handling other than the handling necessary to establish the nature, characteristics and proper functioning of the Product, you may be held liable.
4.4. Products excluded from the right to cancel: In accordance with the regulations in force, the right to cancel cannot be exercised for Products unsealed by the Customer that cannot be returned for reasons of hygiene or health protection.
4.5. Refunds: If you exercise your right to cancel, you will be refunded for the sums paid within fourteen (14) days from the date on which HJC EUROPE received the Product(s) back and inspected it (them), via the same payment method used to place the order.
No payment-on-delivery returns will be accepted.
5 – Availability of Products
5.1. As the Site is reserved for the sale of Products to Consumers, the Site is not intended for the sale of Products in large quantities.
Consequently, sales via the Site are limited to 5 (five) Products per basket.
Any resale of HJC EUROPE Products purchased on the Site is strictly prohibited. In the event of non-compliance with this prohibition, HJC EUROPE reserves the right to take any action against the Customer, including, without prejudice to any other rights, restricting the sale of Products to the Customer, cancelling any order, and/or suspending the Customer’s account.
5.2. Our offers of Products are valid for as long as they are visible on the Site, subject to available stocks and excluding exceptions indicated, such as promotional operations.
5.3. If, for reasons beyond our control, the Product you order is not available or is not available within the delivery time stated when you make your order, we will immediately inform you of the Product’s unavailability or the delivery delay by e-mail.
5.4. If the restocking of the Product concerned is not possible or will take an abnormally long time, we undertake to offer you a substitute Product for the one ordered, the performance and value of which are equivalent to those of the original Product. If you refuse to accept the substitute Product or if we are unable to provide you one, the order for the Product in question will be cancelled and no corresponding bank debit will be made. The rest of your order remains firm and final. The payment order is given to the bank when the Product ordered leaves the warehouse.
6 – Delivery
6.1. Subject to full payment by the Customer, the Products can be delivered in Metropolitan France (as well as Corsica, Monaco and the French overseas departments and territories) and in Belgium, Luxembourg, the Netherlands, Denmark, Germany, Switzerland, Italy and Spain, to the delivery address that you indicated during the ordering process, within 7 (seven) to 10 (ten) working days from validation of the shipment.
6.2. You can track your order in the “My Orders” section; to do so, log in using your e-mail address and your password.
6.3. Non-conforming Products at the time of delivery: You are reminded that when you (or a third party nominated by you) take physical possession of the Products ordered, the risk of loss or damage to the Products is transferred to you. We advise you to check the Product at the time of delivery and, in the event of non-conformity (error, faulty, damaged or incomplete), you must notify the carrier on the delivery note at the time of delivery. Your Product will be returned in accordance with the conditions described below: You must make a request using the “Return” button on the Site, within fourteen (14) days of receiving your order; we will ask you to indicate a reason for returning your Product. A returns slip will be sent to you so that you can drop off your package at a drop-off point. The Products must be returned intact, in their original condition, complete (packaging, accessories, instructions, etc.) and, if possible, accompanied by a copy of the purchase invoice to expedite the returns process, so that HJC EUROPE can check the conformity of the Products (error, faulty, damaged and/or incomplete) and ensure that they can be resold as new. In the event of depreciation of the Product resulting from handling other than the handling necessary to establish the nature, characteristics and proper functioning of the Product, you may be held liable. Following inspection of the returned Product, if the non-conformity is attributable to the Customer, the latter will be informed of the method by which he/she will have to recover the Product(s) at his/her expense, and the time limit for such. HJC EUROPE shall not be liable for the Customer’s negligence in this respect. In any case, the provisions on legal guarantees noted in Article 7.1 below will apply.
7 – Guarantees
7.1. Legal Guarantees
All the Products on sale on the Site benefit from the legal guarantee of conformity (Articles L. 217-1 and following of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 and following of the French Civil Code).
HJC EUROPE guarantees the conformity of the Products to the contract within the framework of these two legal guarantees.
It is noted that under the legal guarantee of conformity, you: - have a period of twenty-four (24) months from the date of delivery of the Product to act against the seller; – may choose between the repair or replacement of the Product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code; – are exempted from proving the existence of a lack of conformity of the Product during this period.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover your product.
It is noted that the consumer may decide to enforce the guarantee against hidden defects covering the product sold within the meaning of Article 1641 of the French Civil Code and that, in this case, he or she can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
If repair or exchange is impossible or cannot be done within one month of acknowledgement of the defect, the price of your Product will be refunded to you. The provisions of this article do not prevent you from exercising your right to cancel, as provided for in Article 4 above.
Article L. 217-4, French Consumer Code: The seller is obliged to deliver products in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. The seller shall also be liable for any defects in conformity resulting from the packaging, the assembly instructions or the installation, if the latter is the seller’s contractual responsibility or if it was done under the seller’s responsibility.
Article L. 217-5, French Consumer Code: The product is in conformity with the contract:
1. If it is fit for the purpose ordinarily expected of similar product and, if so:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or on labelling;
2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.
3. Article L. 217-9, French Consumer Code: In the event of lack of conformity, the buyer chooses between the repair or the replacement of the product.
However, the seller may deviate from the buyer’s choice if this choice would entail a cost that is clearly disproportionate in comparison with the other method, taking into account the value of the product or the significance of the defect. The seller is then obliged to proceed, where possible, with the course of action not chosen by the buyer.
Article L. 217-12, French Consumer Code: The time limit for legal actions resulting from the defect of conformity is two years from delivery of the product.
Article L. 217-16, French Consumer Code: Where the buyer asks the seller, during the period of the commercial guarantee granted to the buyer upon purchase or repair of movable property, for a repair covered by the guarantee, any period of at least seven days during which the product in question is unavailable shall be added to the remaining guarantee period. This period shall run from the date of the buyer’s request for intervention or from the time the product in question is made available for repair, if the product is made available after the request for intervention.
Article 1641, French Civil Code: The seller is bound by the guarantee against hidden defects in product sold if these defects make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have purchased it, or would only have paid a lower price, had he or she known about them.
Article 1643, French Civil Code: The seller shall be liable for hidden defects, even if unaware of them, unless he or she has stipulated that they shall not be bound by any guarantee.
Article 1644, French Civil Code: In the situations described in Articles 1641 and 1643, the buyer has the option either to return the product and receive a refund of the price or to keep the product and receive a partial refund.
Article 1648, paragraph 1, French Civil Code: Actions resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
8 – Intellectual Property
8.1 – All texts, comments, works, illustrations and images reproduced or represented on the HJC EUROPE Site are strictly reserved under copyright law and intellectual property law for the entire world. In this respect and in accordance with the provisions of the French Intellectual Property Code, only usage for private purposes, subject to different or even more restrictive provisions of the intellectual property code, is authorized. Any reproduction or representation, in whole or in part, of the Site or of all or part of the elements found on the Site is strictly prohibited.
8.2 – The company names, brands and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited without prior written authorization from the trademark owner.
8.3 – No provision of these GTC may be interpreted as entailing any transfer of intellectual property rights to the Customer or a third party.
9 – Liability
The Products offered are in conformity with French laws in force. HJC EUROPE shall not be held liable for any failure to comply with the laws of the country in which the Product is delivered. It is your responsibility to check with local authorities whether the Products you are considering ordering are able to be imported or used.
HJC EUROPE shall in no event be liable for any damages resulting from improper use of the Product.
We remind you that it is prudent to back up the data contained in Products purchased. HJC EUROPE shall not be liable for any loss of data, files or damages as defined in the preceding paragraph. In the event of total or partial inability to use the Products, in particular due to incompatibility of hardware, HJC EUROPE shall not be held liable for any damages or reimbursement.
HJC EUROPE shall not be held responsible if the Customer is unable to place an order due to the unavailability of the Site or, if the order is interrupted, if the Product is not available once the connection is re-established.
11 – Applicable law – Mediation
11.1 Language: The present GTC are drafted in French. In the event of a discrepancy between any translated version and the French version, the latter shall prevail.
11.2 Applicable law: The present GTC are subject to French law. Any dispute relating to the validity, interpretation or application of the GTC shall, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the French courts.
11.3 Mediation of consumer disputes:
After first approaching HJC EUROPE with any consumer dispute, the Mediation Service can be contacted about any dispute that has not been resolved.
Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and traders in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
12 – Personal data
The personal information and data concerning you are necessary for the management of your order and our commercial relationship. As such, your data will be stored by HJC EUROPE.
In accordance with the French Data Protection Act of 6 January 1978, you have the right of access, rectification, erasure and portability over your data, and the right to restrict or oppose the processing of your personal data for legitimate reasons or for commercial prospecting purposes. You simply have to write to us at HJC EUROPE, 1 rue Benjamin Silliman, 67116 REICHSTETT, indicating your name, first name, e-mail address and if possible your customer reference number.
In accordance with the Applicable Regulations, the Customer’s request must be signed and must specify the address to which the reply should be sent. In the event of reasonable doubt, a photocopy of an identity document may be requested from the Customer.
In the case of a simple request, a reply will be sent to the Customer within a maximum of one (1) month. In the case of a complex request, a reply will be sent to the Customer within a maximum of three (3) months.
Our Site is also designed to be particularly attentive to the needs of our customers. This is one of the reasons why we use cookies. The purpose of cookies is to indicate that you are visiting our Site. Cookies are therefore only used by HJC EUROPE in order to improve the personalized service provided to you.
Discount voucher terms of use
· Discount vouchers are promotional offers from HJC EUROPE. The use of a discount voucher is personal and may only be used once. Moreover, discount vouchers are only valid in the hjcstore.eu online shop.
