HEM GENERAL CONDITIONS OF SALE


Download as PDF

HEM, SARL with capital of €50,000
Registered in the Marseille Trade and Companies Register, under number B 448 174 995
Intra VAT number: FR43 448174995
Email Address: commercial@hemfrance.com

1. General

1.1. Sales made by HEM are subject to the following general conditions to which the buyer declares to adhere without restriction or reservation as soon as he sends HEM a purchase order.

1.2. These conditions of sale specify in particular the conditions of ordering, payment, delivery and management of possible returns of products ordered by buyers.

1.3. The buyer can consult these general conditions of sale simply, freely and at any time on the website by clicking on the “Conditions of sale” link. Thus, any product order placed by a buyer with HEM will imply the customer's definitive and irrevocable agreement to all of the general conditions of sale presented below.

2. Order taking methods

2.1. Before being able to place an order, the buyer must provide the following supporting documents:
For France :
-KBIS
- Bank details (RIB)
- Photocopy of an official document (identity card, etc.) of the person with signing authority for orders.
For abroad:
- Copy of the commercial register
- VAT N °
- Account number, bank branch
- Photocopy of an official document (identity card, etc.) of the person with signing authority for orders

These documents must be sent to us by email, fax or post to the following address:

HEM
27 Boulevard d’Arras
13004 Marseille
Email: sales@hemfrance.com
Tel: 04 84 255 960
Fax: 0972 520 592

2.2. The buyer can place an order with HEM:
- By telephone on 04 84 255 960
- By email to commercial@hemfrance.com
- On our website : https://www.hemfrance.com/en/

2.3. Orders placed through the process presented above bind the buyer irrevocably.

3. Product information

3.1. The HEM company presents the products for sale on a daily basis with their prices, which the potential buyer must know before placing a final order. Furthermore, the customer has the possibility of calling the telephone number made available to him (04 84 255 960) to obtain additional information on the products presented, if he considers it necessary.

3.2. The photographs and graphics associated with the products presented by HEM have no contractual commitment to respect the reality of the product. They are only indicative and cannot in any way engage the liability of HEM, nor even call into question the validity of an order placed or a sale made. The brands mentioned and presented on the site https://www.hemfrance.com/en/ are trademarks registered by their respective owners.

3.3. The offers presented on the site https://www.hemfrance.com/en/ are only valid while stocks last.

3.4. The choice and purchase of a product are the sole responsibility of the buyer. The inability to use the product purchased for any reason whatsoever, in particular due to incompatibility with equipment already owned by the buyer, cannot under any circumstances give rise to compensation or cancellation of the purchase from HEM.

4. Price

4.1. The sales prices of the products include TCP and SORECOP and are expressed excluding taxes in EUROS

4.2. Product prices may change at any time depending on the pricing policy of manufacturers, wholesalers and distributors and the site. hemfrance.com. The sales price used for the purchase of a product corresponds to that observed online: at the time of registration of the order by telephone or fax on the date of issue of the check for an order by mail.

4.3. The sales price of the product means the price excluding delivery costs.

4.4. Delivery costs are the responsibility of the buyer, and are invoiced in addition to the sale price of the products.
Delivery costs are €20 excluding VAT for any order less than €600 excluding VAT (excluding shipping to the French Overseas Territories and abroad) in the event of payment by credit card or transfer.
The order delivered in mainland France is FREE OF SHIPPING if the amount of the latter is greater than or equal to €600 excluding tax.
For deliveries outside mainland France, shipping costs apply depending on the total weight of the order
.

5. Payment terms

5.1. Purchases made are payable by check, credit card, transfer, bank draft.
5.2. Payment for first orders generally takes place in cash (credit card or transfer before shipment), unless otherwise stipulated in writing between the seller and the buyer.
5.3. The seller informs the buyer that, prior to opening his account, he is subject to a solvency study with his credit insurer (LCL). In the event that an order is placed by the buyer before the seller receives the results of the solvency study from the credit insurer, the buyer must pay for his order by credit card or transfer.
When the credit insurer has delivered to the seller the results of its solvency study, in the event of a favorable response from the credit insurer, the seller will grant the buyer an outstanding amount limited to a certain amount calculated by the credit insurer in office. buyer's solvency ratios.
In the absence of cash payment, payment terms may be granted by the seller to the buyer within the limit of the outstanding amount calculated by the seller's credit insurer.
In this case, payments will be made under the following conditions:
Payment within 30 days from the date of issue of the invoice, by credit card, transfer, check or draft.
When the authorized outstanding limit has been exceeded, payment will be made in cash.
Payment is deemed to be final payment upon actual collection of the sum due by the buyer to the credit of the seller's account in the event of deferred or future payment.
In all cases, the seller reserves the right to delete any outstanding authorization and to restore cash payment, in particular in the following cases:
- the buyer is a new customer,
- the buyer already has a history of unpaid debts,
- the solvency study by the credit insurer has become negative after favorable authorization,
- the buyer is subject to the opening of collective proceedings.

5.4. So that no dispute over the amounts paid by the buyer can arise, HEM always sends the buyer a pro-format invoice by mail or fax which serves as a verification slip for the goods at the time of delivery.

5.5. HEM reserves the right to suspend any order management and delivery in the event of refusal of credit card payment authorization from officially accredited organizations or in the event of non-payment. HEM reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.
5.6. Any late payment resulting from a rejection of the initial payment by credit card or from another factor will generate an increase in the amounts due with the application of late penalties equal to the bank base rate increased by five points and applicable from of the day of delivery of the products.

6. Delivery terms

6.1. Delivery is considered completed from the date of first presentation of the goods to the buyer. Delivery of the goods will be made against signature by the customer receiving a delivery note.

6.2. All shipments are announced by telephone or email on the day of dispatch.

6.3. The customer has the obligation to check the conformity of the goods delivered, before signing the delivery note.

7. Delivery problems caused by the carrier

7.1. Any anomaly concerning delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature. The customer must at the same time confirm this anomaly by sending to the carrier within two (2) working days following the delivery date a registered letter with acknowledgment of receipt setting out said complaints. The customer must send a copy of this letter by fax or by regular mail to HEM, 27 boulevard d'Arras, 13004 Marseille (Fax: 0972 520 592). The carrier's contact details will appear on the delivery note.

8. Delivery errors

8.1. The customer must make to HEM at the latest within three (3) working days following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality in relation to the indications appearing on the voucher. Delivery. Any complaint made after this deadline will be rejected.

8.2. The formulation of this complaint with the site hemfrance.com will be carried out as follows:
• either in the form of an email to commercial@hemfrance.com
• either by sending a fax to 0972 520 592 mentioning in particular the buyer's contact details, the delivery date, the delivery slip number, the products concerned, the product references appearing on the delivery note and on the invoice, the precise subject of the complaint (damaged product, defective product, product already installed or used, product error, missing product, damaged packaging, etc.), and any products delivered in error (reference and quantity )
• Either in the form of a telephone call to our Customer Service on 04 84 255 960.

8.3. Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release HEM from any liability towards the buyer.

8.4. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to HEM in its entirety and in its original packaging, by Registered Parcel, to the following address: HEM, 27 boulevard d 'Arras, 13004 Marseille. Any returned product must be accompanied by the following elements: copy of the HEM delivery note. To be accepted, any return must be reported in advance to HEM Customer Service. Shipping costs are the responsibility of the buyer.

9. Product Warranty

In the event of failure or non-functioning of a product, the buyer benefits from the guarantee conditions defined below:
9.1. The more precise terms of warranty application conditions are directly defined by the manufacturer of the product, and may vary from one manufacturer to another. The buyer should therefore consult: either the instructions for use and guarantee booklet which was delivered to him, if applicable, in the product packaging, or the Manufacturers' Guarantees section of the site (https://www.hemfrance.com/en/content/18-hemfrance-after-sales-service-procedures) to know precisely the conditions of application of the guarantee. If necessary, the customer can always contact HEM Customer Service to find out the procedure to follow in the event of a problem or breakdown on a product, by email to commercial@hemfrance.com or by fax at 04 84 255 960.

9.2. In all cases, the buyer must be able to present the product invoice issued by HEM. To benefit from its warranty from the manufacturer or a possible maintenance company.

9.3. HEM cannot be requested, for any reason whatsoever, by a buyer to take charge of any exchange or repair of a product for which the manufacturer refuses the application of the guarantee.

10. Assignment of jurisdiction

10.1. The general conditions of sale presented above are governed by French law. Any dispute concerning these general conditions of sale will be submitted only to the Commercial Court of France.

11. Computing and Freedoms

11.1. Any HEM customer has the right to access and rectify data recorded by the site. hemfrance.com.