Terms and Conditions of Sale

Last updated on 22/06/2024

Article 1 – Purpose

These terms and conditions govern the sales by the company Hilarhi Arcade, located at 10 AV zAC DE CHASSAGNE 69360 TERNAY, for the distribution of all designed movable products, including glasses and all optical products.

Article 2 – Prices

The prices of our products are indicated in euros, all taxes included (VAT and other applicable taxes on the date of the order), unless otherwise indicated and excluding processing and shipping costs.
For orders to countries other than mainland France, you are the importer of the products concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums do not fall under the responsibility of Hilarhi Arcade. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and organizations in your country. We advise you to inquire about these aspects with your local authorities.

All orders, regardless of their origin, are payable in euros.

Hilarhi Arcade reserves the right to modify its prices at any time, but the product will be invoiced based on the current rate at the time of order validation and subject to availability.

Products remain the property of Hilarhi Arcade until full payment is received.

Note: As soon as you physically take possession of the ordered products, the risk of loss or damage to the products is transferred to you.

Article 3 – Orders

You can place orders:
Online at: https://www.lapetitelunetterouge.com

The contractual information is presented in French and will be confirmed at the latest at the time of order validation.

Hilarhi Arcade reserves the right not to register a payment, and not to confirm an order for any reason, especially in case of supply problems or difficulty with the received order.

Article 4 – Order Validation

Any order placed on the website https://www.lapetitelunetterouge.com implies adherence to these Terms and Conditions. Any order confirmation signifies your full and unreserved acceptance of these terms and conditions of sale.
All provided data and the recorded confirmation will serve as proof of the transaction.

You declare to have full knowledge of this.

The order confirmation will be considered as a signature and acceptance of the operations carried out.

A summary of your order information and these Terms and Conditions will be sent to you in PDF format via the confirmation email address of your order.

Article 5 – Payment

Validating your order implies the obligation to pay the indicated price.
Your purchases are settled by credit card through the secure PayPal system.

The card will only be charged at the time of order shipment. In the case of split deliveries, only the shipped products are charged.

Article 6 – Withdrawal

In accordance with Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from the receipt of your products to exercise your right of withdrawal without having to justify reasons or pay a penalty.
Returns must be made in their original and complete condition (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.

Return costs are your responsibility.

In the event of exercising the right of withdrawal, Hilarhi Arcade will refund the sums paid within 14 days following the notification of your request and via the same means of payment used when ordering.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:

The provision of services fully executed before the end of the withdrawal period and whose execution has begun after prior express consent of the consumer and express waiver of his right of withdrawal.
The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period.
The supply of goods made to the consumer’s specifications or clearly personalized.
The supply of goods that may deteriorate or expire rapidly.
The supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection.
The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items.
The supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional.
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
The supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications.
Transactions concluded at a public auction.
The supply of digital content not provided on a tangible medium, the execution of which has begun after prior express consent of the consumer and express waiver of his right of withdrawal.

Article 7 – Availability

Our products are offered as long as they are visible on the website https://www.lapetitelunetterouge.com and within the limits of available stocks. For non-stocked products, our offers are valid subject to availability from our suppliers.
In case of product unavailability after placing your order, we will inform you by email. Your order will be automatically canceled and no bank debit will be made.

Furthermore, the website https://www.lapetitelunetterouge.com is not intended to sell its products in large quantities. Therefore, Hilarhi Arcade reserves the right to refuse orders for identical items.

Article 8 – Delivery

Products are delivered to the delivery address indicated during the order process, within the timeframe indicated on the order validation page.
In case of a delayed shipment, you will be sent an email to inform you of a possible consequence on the delivery time that was indicated.

In accordance with legal provisions, in case of a delivery delay, you have the possibility to cancel the order under the conditions and terms defined in Article L 138-2 of the Consumer Code. If in the meantime you receive the product, we will proceed with its reimbursement and shipping costs under the conditions of Article L 138-3 of the Consumer Code.

In the case of deliveries by a carrier, Hilarhi Arcade cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several proposals for appointments.

Article 9 – Warranty

All our products benefit from the legal guarantee of conformity and the warranty against hidden defects, provided by Articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it can be returned, exchanged, or refunded.
All claims, requests for exchange or refund must be made by email within 30 days of delivery.

Products must be returned in the condition you received them with all elements (accessories, packaging, instructions…). The shipping costs will be refunded based on the invoiced rate and return costs will be reimbursed upon presentation of receipts.

The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.

Article 10 – Liability

The products offered comply with current French legislation. Hilarhi Arcade cannot be held liable in case of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order.
Furthermore, Hilarhi Arcade cannot be held liable for damages resulting from misuse of the purchased product.

Finally, Hilarhi Arcade cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including service disruption, external intrusion, or the presence of computer viruses.

Article 11 – Applicable Law in Case of Disputes

The language of this contract is French. These terms and conditions of sale are subject to French law. In case of dispute, the French courts will be the only competent ones.

Article 12 – Intellectual Property

All elements of the website https://www.lapetitelunetterouge.com are and remain the intellectual and exclusive property of Hilarhi Arcade. No one is authorized to reproduce, exploit, redistribute, or use for any purpose, even partially, elements of the site, whether software, visual, or audio. Any simple or hypertext link is strictly prohibited without the express written consent of Hilarhi Arcade.

Article 13 – Personal Data

Hilarhi Arcade reserves the right to collect nominative information and personal data concerning you. They are necessary for the management of your order, as well as the improvement of services and information we send you.
They may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing, and payment.

These information and data are also kept for security purposes, to comply with legal and regulatory obligations.

In accordance with the law of January 6, 1978, you have the right to access, rectify, and oppose nominative information and personal data concerning you, directly on the website.

Article 14 – Archiving Evidence

Hilarhi Arcade will archive order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.
Hilarhi Arcade’s computerized records will be considered by all parties concerned as proof of communications, orders, payments, and transactions between the parties.