Definitions
These General Sales Conditions (GSC) make use of the following terms and accompanying significations:
“Camac Harps” means HARPES CAMAC – CAMAC HARPS, a limited liability company (SAS) with capital of €312 240, registered at the Nantes Registre du commerce et des sociétés (RCS) with the number 331 516 583, and company headquarters at La Richerais – BP 15 – 44850 Mouzeil, France.
“Order” means, under the present GSC, the sales contract between Camac Harps and the client.
“Site” means the online shop shop.camac-harps.com, in which products are presented and sold to the client by Camac Harps.
“Products” means the commercial products sold by Camac Harps via their e-shop.
“Client” means the internet user, a natural person, who orders one or several products via the Site, for their personal ends.
“Party/ies” means Camac Harps and the client, collectively.
2. General Provisions
The present GSC exist to define the conditions and ways in which Camac Harps offers the sale of Products on their Site, as well as the rights and obligations of the Parties, born of these sales.
In the absence of specific provisions, expressly agreed between the Parties, the GSC in use on the date of the sale will apply in their own right. The acceptance of the GSC is formalised on confirming the Order, when the Client checks the box “I have read and I accept the General Sales Conditions of Camac Harps.” The act of checking this box carries in consequence the Client’s full, complete and unequivocal acceptance of the GSC, which they declare to have read and be aware of.
The GSC are published on the Site for the use of Clients. They may also be communicated following a simple request by e-mail or letter to the following addresses: [email protected] ou LES HARPES CAMAC, Service clients, La Richerais, BP 15 – 44850 Mouzeil, FRANCE.
It is specified that the Client can back up or print out the GSC, on condition that they do not modify them. In contrast, Camac Harps reserves the right to change their GSC at any time, on the understanding that these changes will not apply to past Orders.
The GSC apply to all online sales carried out via the Site, to the exclusion of all other documents. Notably, they also apply over conditions appertaining to sales in-store or other types of distribution and commercial activity.
Resale or distribution of Products bought via the Site is officially forbidden.
3. Products
Camac Harps offer for sale, so far as stock permits, the Products featured on the Site, on the day that the Client views it. Camac Harps reserve the right to remove Products from online sale at any moment, and without prior notification.
In accordance with the Article L111-1 in the French Code de la Consommation, the Client may, ahead of their Order, inform themselves, on the Site, of the key characteristics of the Product/s they wish to order. Without exception, Camac Harps does not guarantee the availability of separate items necessary to use the Products. All images, of any kind, used to illustrate the Products are not part of the sales contract and are only used indicatively.
Sales offers, including promotional offers, are valid for as long as they are announced on the Site and under their stipulated conditions, notably the duration of the offer. Any promotional offer that does not come from the Site may not be ascribed to Camac Harps.
4. Registration and Creation of an Account
Before every Order, the Client must create an account on the Site, using credentials consisting of an email address and a password (known hereafter as the “Account”). The Client is solely responsible for the security of their credentials. On this basis they are solely responsible for all actions made in their name, by using their credentials. Camac Harps cannot be held responsible for the loss or use of the Client’s credentials by a third party. If unauthorised persons come to know the login credentials and/or password, the Client should change them without delay.
This Account will be used by the Client to make Orders via the Site. The latter will receive the following information, which are compulsory in order to allow Camac Harps to carry out the Order:
Name, first name
Postal and e-mail addresses
Telephone number.
In the event of a lost or forgotten password, the Client will be able to ask for their password to be changed. The Client can also, at any time, delete their Account via the Site, or by sending a request to this effect to Camac Harps at the following e-mail address: [email protected]. This request must be accompanied by documents proving the identity of the interlocutor.
5. Order
Products ordered by the Client are designed for personal use only.
To buy the Products, the Client has to connect to the Site and provide their e-mail address and their password, or create an Account using the methods described above.
The confirmation of every Order assumes the compliance, without restrictions or reservations, with the GSC. This assumption comes into effect at the moment of checking the box “I have read and accept the GSC of Camac Harps.”
The Client’s Order will only be definitely confirmed after they have chosen their mode of delivery, mode of payment and after they have clicked on the “Order” button. Before clicking on this, the Client can check their Order in detail, including the total price, and modify or cancel it as necessary.
The Client accepts that the Order confirmation, with the GSC applicable on the day of the Order, is in lieu of a contract between the Parties. The Client’s payment confirmation, and an e-mail confirmation of receipt of Order by Camac Harps, will be the proof of the acceptance of the said Order and its definitive confirmation. The data saved by Camac Harps and the payment service provider constitute the proof of the nature, content and date of the Order.
The Client will also receive, in an attachment to the e-mail confirmation of their Order, the current GSC, as well as the withdrawal form annexed to the said GSC (see also paragraph 12).
The delivery possibilities offered by the transport service providers of Camac Harps permitting, every Client can order via the Site, whatever be the delivery address throughout the world.
In consequence, as soon as the Order is definitely confirmed, the Client will no longer be able to cancel or modifier it, apart from by exercising their right to withdrawal according to the methods described in paragraph 12 of the GSC. Payment is carried out on confirmation of the Order.
In the event of Products being unavailable after the Order has been carried out, the Client will be informed as soon as possible by e-mail. The Order will be cancelled, the sums paid by the client appertaining to the said Order will be reimbursed to them, and Camac Harps will inform them as soon as the Product is available once again. Camac Harps are not liable for any stock shortages or unavailability of Products.
Finally, Camac Harps reserve the right to cancel any Order from a Client with whom there exists a prior dispute, or any other legitimate reason appertaining notably to the abnormal character of the Order. That is to say, in the case of an Order in quantities and / or amounts unusual for one final consumer.
6. Prices
The prices in force are those indicated on the Site and are expressed in euros. For the countries of the European Union, the prices are inclusive of VAT (T.T.C.), including VAT applicable in France on the day of the Order. For countries outside the European Union, prices are exclusive of tax. If one or more taxes or charges are created or modified, this change may be reflected in the sale price of the Products on the Site.
The final price of the Order includes the shipping costs of the Products.
7. Payment Conditions
All Orders are payable in Euros.
Order payments are carried out online via the site, using a bank card (Visa, Mastercard). For card payments, payment is carried out via the CIC bank’s secure server. This means that no bank information about the Client travels via the Site, which assures an entirely secure payment. The total amount payable for the Order will be debited on confirmation of the Order.
In the event of an unauthorised card payment, non-payment or the complete or partial non-payment of a prior order, Camac Harps reserves the right to withhold any Order and any delivery.
In accordance with data protection legislation, Camac Harps will not be held responsible for the treatment of personal data involved in the Client’s payment data, and are also not responsible for the treatment of this data by the CIC.
8. Delivery and Withdrawal of Order
The Products ordered by the client will be delivered to the address indicated by the Client as the delivery address for their Order. “Delivery” is understood to mean the transfer to the Client of the physical entity of the Products.
In accordance with the law, Camac Harps undertake to carry out the Order within a maximum of thirty days from the date of confirmation of the Order, availability of stock and the presence of full payment permitting. This time period starts with the sending of the e-mail Order confirmation. Delivery times are specified for reference (assuming that the delivery information given by the client is correct). In any event, delivery times depend on the delivery zone and the transport companies. Camac Harps may not be held responsible for delivery problems resulting from the transport companies to whom the packages are entrusted.
If a delivery takes longer than the maximum time indicated in the Order, for any other reason other than the case of Force Majeure under Article 1218 of the Civil Code, the Client can cancel their Order and be reimbursed.
Finally, where circumstances require, Camac Harps may carry out partial / staggered deliveries.
9. Retention of title and transfer of risk
The Products remain the property of Camac Harps until full payment of the price of the Order. No challenge relating to the delivery itself is possible, if the package appears to have been delivered, substantiated by the IT system of the transport company or the document confirming receipt of delivery.
10. Receipt – Claims
When the package is received, the Client is obliged to check the state and appropriateness of the Product’s packaging and to raise apparent defects. In the event of damage to or partial loss of the Product, the Client must lodge their concerns without fail. These must be noted on the delivery receipt offered by the transport company, then communicated by e-mail, letter or telephone to Camac Harps.
For all information, claims, questions about the Products and their use, or correspondance about the sales conditions, Clients should use the following electronic or postal addresses: [email protected], Camac Harps, Client Services, La Richerais, BP 15, 44850 Mouzeil, FRANCE.
11. Guarantee
The Client benefits from the legal guarantee of conformity and from the guarantee of hidden defects (garantie légale de conformité and garantie des vices cachés) of articles 1641 and following of the (French) Civil Code. Camac Harps undertake, in the case of non-compliance of a Product or of hidden defects, after receipt of the returned Product, either to exchange the Product for a Product of equivalent quality and price according to stock availability, or to reimburse the price of the Product to the bank card used for the purchase.
In the context of these legal guarantees, the Client’s attention is drawn to the following clauses:
When the subject is the foundation of the legal guarantee of conformity (articles L217-4 and following of the French Consumer Code (Code de la Consommation), the Client:
– benefits from a time limit of two years dating from the delivery of the Products, to react;
-can choose between the repair or replacement of the goods, within the cost conditions described in article L217-9 of the French Consumer Code;
-is exempt from reporting the proof of the existence of the lack of conformity during the twenty-four months following the delivery of the Products.
When the subject is the foundation of the guarantee of hidden defects of the item sold (articles 1641 and following of the Civil Code), the Client:
-benefits from a time limit of two years dating from the discovery of the defect;
-can solicit either the cancellation of the sale, or a reduction in the sale price confirming to article 1644 of the Civil Code.
Citation of the legal provisions:
-Legal guarantee of conformity:
Article L.217-4 of the French Consumer Code: “the seller is obliged to deliver goods conforming to the contract, and responding to the lack of conformity in existence at the time of delivery.
It will also respond to lack of conformity resulting from the packing, assembly instructions or from the installation where the contract names this as their responsibility, or when it was carried out under their responsibility.”
Article L.217-5 of the French Consumer Code: “To conform to the contract, the goods must: 1. Be fit for the use normally expected of such a product and, where necessary:
correspond to the description provided by the seller, and possessing the qualities which were presented to the Client in the form of a sample or model;
present the qualities that a buyer can legitimately expect from the declarations made by the seller, by the producer or by their representatives, notably in publicity materials or through labelling;
2. Or present the characteristics defined by a common agreement between the Parties, or be fit for any special use researched by the buyer, communicated to the seller and which the latter has accepted.”
Article L.217-12 of the French Consumer Code: “The action resulting from a lack of conformity must begin within two years of the delivery of the goods.”
-Legal guarantee of hidden defects:
Article 1641 of the Civil Code: “The seller is bound to the guarantee because of the hidden defects of the sold object which render it unfit for the use for which it is destined, or which so deplete this use that the buyer would not have acquired it, or would only have paid a lower price for it, had they known.”
Article 1648, first paragraph of the Civil Code: “The Client must take action about the prohibitive defects within a time limit of two years dating from discovery of the defect.”
12. Right to withdrawal
The client has, dating from the delivery of their Order and conforming to the provisions set out in article L221-5 of the French Consumer Code, a time limit of fourteen days to give notice of their wish to exercise their right to withdrawal.
To assert their right to withdrawal, the Client must either announce their wish to withdraw to Camac Harps, formlessly but clearly in writing, or fill out the standard withdrawal form appended to the current GSC, which is also attached to the e-mail order confirmation and, in any event, is available in the Client’s account. All correspondance appertaining to the exercise of a right to withdrawal must be addressed to Camac Harps, either by e-mail to the following address: [email protected], or by post to the following address: Camac Harps, Client Services, La Richerais, BP 14, 44850 Mouzeil, FRANCE.
Camac Harps will confirm receipt of this request by e-mail or post. The Client has, dating from the day their declaration of withdrawal is sent, fourteen days to return the ordered Products in perfect condition, at their cost and with the Products in the same state as they arrived. The Client must verify that the returned Products are intact, complete, and packaged in their original packaging. The Client is responsible for the transport.
If the Order is not returned within the deadline, the Order will be definitively confirmed and there can be no further reimbursement, except in the cases described in the present GSC.
Camac Harps undertake to reimburse the Client for the sum of the Order corresponding to returned products, according to the conditions described above. The reimbursement will be made according to the mode of payment used by the Client within 14 days of receipt of the returned Products.
13. Liability and Force Majeure
It is for the Client to judge the appropriate character, and adapt the Products they order to their needs. Camac Harps is not responsible for a hypothetical use of Products which does not conform to what they are designed for.
Camac Harps are not responsible, and no indemnity can be asked of them, for delivery delays or damages resulting from cases of Force Majeure, which are defined by the French courts of law.
If an event relevant to a case of Force Majeure is pursued more than a month after it happens, the Client or Camac Harps can send, by registered post, a confirmation of the cancellation of the order, without the right to compensation on either side.
Camac Harps cannot be held responsible for interruptions in, delays to or the unavailability of the Site due, notably, to a breakdown in the service, maintenance work, hacking/other external intrusion, or computer viruses.
Moreover, Camac Harps undertake to assure, as best they can, that the information on the Site is exact and up-to-date. Camac Harps reserve the right to correct the content, at any moment and without prior notice.
More generally, Camac Harps may not be held responsible in the case of one or several of the obligations described in the present GSC, or required by the payment method, being badly executed or not executed at all, ascribable to the Client.
14. Personal Data and the Right to Object
Camac Harps is responsible for the handling of the personal data of the Clients using the site. Camac Harps guarantee to have carried out the necessary formalities in order to conform with the French Data Protection and Freedom of Information Law (Loi Informatique et Liberté) of January 6th, 1978, in its modified legal version number 2018-493 of June 20th, 2018, and the ruling 2016/679 of the European Parliament and the Council of April 27th, 2016.
14.1. Collected Personal Data
The collected and saved personal data is that which is needed to make and carry out the order: notably, its delivery and possible return. This data is namely:
•the surname and first name of the Client,
•E-mail and postal addresses, and telephone number of the Client
Camac Harps is also allowed to collect data appertaining to the Client’s connection (IP address, browser type, details about visits to the site, notably via the medium of cookies, which includes for example: amount of received data, place of connection, pages viewed, etc). This data is personal data.
Personal data can be collected in the following ways:
Les données personnelles peuvent être collectées de la manière suivante :
•when the Account is created
•when the Site is used
•when the Client places their Order
•when the Client contacts Camac Harps about a problem with the Site, or any other reason.
14.2. Purposes of Data Processing
The data is processed by Camac Harps and may be used in order to:
•inform the Client about commercial offers and new products from Camac Harps
•make and follow up Orders
•link Clients and delivery service providers
•allow Clients to use the Site
•allow Client Accounts to be administered
•check the Client’s identity, where necessary
•follow up an Order with the Client in case of an incident
•obtain feedback from the Client about the Order process or the Site and improve the quality of Camac Harps’ offer
•to inform the Client about any changes to the Site or the present CSG.
This data will not be transferred outside the European Union. Nor will it be transferred to commercial partners.
If the Client is prepared to receive offers from Camac Harps, by checking the relevant box, they can unsubscribe themselves at no charge and at any time. They can do this by clicking on the “unsubscribe” link they will find in emails addressed to them, by logging into their Account, or by sending an email to [email protected]. Moreover, each Client can subscribe free of charge to the list refusing cold calling (“liste d’opposition au démarchage téléphonique”), by filling in the form available at the following address: bloctel.gouv.fr.
The personal data provided by the Client will never be resold or given to third parties without prior, written authorisation. The data can nevertheless be given, free of charge, to the following third parties, which the Client declares they accept:
•to handlers and subcontractors of Camac Harps, in the context of carrying out the Order (delivery, handling of marketing and client relations, commercial prospecting, etc). Camac Harps remain responsible for the processes
•to Camac partners, notably to return Orders or for payments on line
•to any administrative or judicial party, if Camac Harps is obliged to do so by law or court ruling.
The third parties working under the instruction of Camac Harps acquire no rights over the personal data or any other content that may be supplied to them. They put into place the technical and organisational procedures equivalent to those of Camac Harps, to protect personal data security, and to avoid the theft, the removal or any other unauthorised used of them.
14.3. Cookies
Cookies from the session and monitoring activity can also be logged at the time of the Client’s Site visit, in order to improve the Client’s experience, to construct user statistics, to provide an Account, to show customised advertising, to put security measures in place, and to adapt the site to its point of access. The Client may refuse the installation of cookies when visiting the Site for the first time, or they may delete them using the options permitted by their browser.
Cookies of third parties, linked to social networks, can also be logged when social media functions of the Site are used.
These cookies do not store any personal data, but can be used to identify the Client on the Site. They may only be used by Camac Harps.
Cookies are used in:
•- WPML
•- WordPress Administration
•- Cookiebar Save
•- Google Analytics
14.4. Length of Personal Data Storage
Camac Harps will store personal data for the duration of the Account’s active life, and will delete it when the aforementioned Account is deleted on request of the Client. Once the Account has been deleted, only personal data necessary for Order archives, communicating with Camac Harps, for bookkeeping or to respect Camac Harps’s legal and regulatory obligations, may still be kept, in accordance with the laws applicable to this type of data.
14.5. Rights Appertaining to Personal Data
In accordance with current law, the Client has the right to access, delete and correct the data concerning them, as well as rights of limitation and opposition regarding the processing of their data. They also have the right to make directives about their personal data after their decease.
To exercise their rights of deletion and opposition regarding the necessary data may hinder the client from benefiting from certain services offered by Camac Harps.
If the Client wishes to exercise one of their rights, they may send an email or a postal letter to the following addresses: [email protected] or Camac Harps, Client Services, La Richerais, BP 15 – 44850 Mouzeil, FRANCE, specifying “Droit des personnes” (rights of persons), and attaching a copy of their ID document.
Finally, the Client may address any complaint about the rights described above, to the CNIL at:
CNIL – 3 Place de Fontenoy – TSA 80715 – 75334 Paris Cedex 07, FRANCE.
15. Intellectual Property and Confidentiality
Everything communicated by Camac Harps on their Site or in the context of carrying out the Order, notably information in the technical product descriptions, may be protected by an intellectual property right under author rights, brands or patents. These are the exclusive property of these parties. The Client is not allowed to reproduce them, represent or change them, or to partially or wholly diffuse them, without prior, written authorisation by Harpes Camac/Camac Harps. Any unauthorised use may constitute a crime of counterfeiting and be subject to legal action.
Finally, every link made to the Camac Harps website must be authorised in advance and in writing by the latter. Camac Harps accept no responsibility for the content of these links. In any case, these hypertext links leading to the Harpes Camac/Camac Harps company website must be removed at the first request.
16. Autonomy
Except where expressly stipulated to the contrary, in the case that any one clause or part of a clause in the present GSC would be partially or entirely void, or could not, partially or entirely, be carried out, notably in the case of Force Majeure or because of an existing or new judicial law, the aforementioned clause or part of clause bears no influence on the validity and/or execution of other clauses or parts of clauses in the present contract.
In such a case, the Parties agree to substitute such a clause or part of a clause of any stipulation, and/or proceed to any operation that will allow the execution of the present contract in the conditions closest to its economy and finality.
17. Applicable Law and Resolution of Conflicts
The present GSC are governed by French law.
18. Mediation
In accordance with the requirements of articles L612-1 and following in the Consumer Code, in the case of a disagreement between the Parties and following the failure of a written complaint from the Client addressed to Client Services, or in the absence of a response from this department within a reasonable period of time (one – 1 – month), the Client may approach the MEDICYS Centre free of charge:
•via their website: https://conso.medicys.fr/
•by email: [email protected]
•by post: Medicys, 73 boulevard de Clichy, 75009 Paris, FRANCE
This mediation only concerns itself with the litigation relevant to the application of the GSC, to the execution of the Order and the use of the Site. The Client is free to accept or refuse the possibility of mediation, and, in the case of using mediation, each Party is free to accept or refuse the solution proposed by the mediator.
Version dated October 1st, 2018