Terms of sale
HEM FRANCE SARL, with share capital of €50,000. Registered with the Marseille Trade and Companies Register under number B 448 174 995. Intra-Community VAT number: FR43 448174995. Registered office: 27 Boulevard d'Arras, 13004 Marseille, France. Email: commercial@hemfrance.com. Telephone: 04 84 25 59 60
1. General Provisions
1.1. Sales by HEM France are exclusively for businesses (B2B) and are subject to these General Terms and Conditions of Sale. By sending a purchase order to HEM France, the buyer agrees to them without restriction or reservation. 1.2. These terms set out, in particular, the procedures for ordering, payment, delivery and handling product returns. 1.3. Any product order placed with HEM France constitutes the customer’s final and irrevocable agreement to all these General Terms and Conditions of Sale. In the event of a conflict, these terms take precedence over any other document issued by the buyer, including the buyer’s own purchasing terms.
2. Account Opening and Ordering
2.1. Supporting documents: Before placing a first order, the buyer must email HEM France the following documents at commercial@hemfrance.com:
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For France: a Kbis company register extract issued within the last 3 months, a RIB bank account details document and a photocopy of an identity document for the authorised signatory.
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For buyers outside France: a copy of the local commercial register extract, an intra-Community VAT number, full bank details and proof of identity for the authorised signatory.
2.2. Orders: The buyer may place an order:
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On our website https://hemfrance-dedi.myshopify.com/en/password
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By phone: 04 84 25 59 60
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By email: commercial@hemfrance.com
2.3. Orders placed through these channels are firm and irrevocably binding on the buyer.
3. Product Information
3.1. HEM France displays its products and their prices on its website daily. The customer may contact our switchboard for further information before confirming an order. 3.2. Product photographs and graphics are for illustrative purposes only and are not contractually binding. 3.3. Offers are valid only while stocks last. 3.4. The buyer is solely responsible for selecting and purchasing a product. Incompatibility with the buyer’s equipment does not entitle the buyer to compensation or cancellation.
4. Pricing and Shipping Costs
4.1. Prices are stated in euros, excluding VAT (excl. VAT). They include mandatory statutory levies (e.g. the private copying levy / SORECOP). 4.2. Prices may change at any time. The price invoiced is the price in effect when the order is registered. 4.3. Delivery charges (metropolitan France):
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Delivery charges are €20 excl. VAT for orders under €750 excl. VAT.
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Delivery is free of charge for orders of €750 excl. VAT or more.
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For deliveries outside Metropolitan France and French overseas territories (DOM-TOM), shipping costs are calculated on a quote basis according to total weight.
5. Payment Terms and Late Payments
5.1. Payment methods: Invoices may be paid by bank card, bank transfer or bill of exchange. 5.2. Payment before dispatch: Initial orders must be paid for in full before dispatch. 5.3. Deferred payment (credit limit): Before a credit account is opened, the buyer’s creditworthiness is assessed by our trade credit insurance partner (Allianz Trade). If approved, a limited credit facility is granted, allowing payment within 30 days of the invoice date. HEM France reserves the right to suspend this facility and require payment before dispatch if the credit limit is exceeded, a payment incident occurs or our insurer downgrades the buyer’s credit rating. 5.4. Late payment: In accordance with Article L441-10 of the French Commercial Code, any late payment will make all outstanding sums immediately payable and incur late-payment penalties at the interest rate applied by the ECB plus 10 percentage points. In addition, a fixed €40 debt recovery charge will automatically be due for each invoice paid late. 5.5. Retention of title: HEM France retains full ownership of the goods sold until the entire price, including principal and ancillary amounts, has been paid in full. Failure to pay any instalment may result in the goods being reclaimed. These provisions do not prevent the transfer to the buyer, upon delivery, of the risk of loss of or damage to the goods sold, or of any damage they may cause.
6. Delivery and Receipt
6.1. Delivery is deemed to have taken place upon the first presentation of the goods at the specified address, against signature of the delivery note. 6.2. The buyer must check that the goods are as ordered and inspect their condition in the presence of the delivery driver before signing the delivery note. 6.3. Carrier claims: In the event of damage, a missing product or breakage, the buyer must record precise handwritten reservations on the carrier’s delivery note. The buyer must then confirm these reservations to the carrier by registered letter with acknowledgement of receipt within a maximum of three (3) working days following delivery, with a copy sent to HEM France.
7. Delivery Errors and Returns
7.1. Any claim concerning a delivery error or a discrepancy with the delivery note must be submitted to HEM France (commercial@hemfrance.com or 04 84 25 59 60) no later than three (3) working days after receipt. Claims submitted after this deadline will be rejected. 7.2. All returns must be approved in advance by our Customer Service team. The product must be returned in its original packaging by a tracked delivery service to: HEM France, 27 boulevard d'Arras, 13004 Marseille. 7.3. As our sales are exclusively for businesses (B2B), the right of withdrawal does not apply, and we do not accept returns due to a change of mind. For the handling of hardware faults, the buyer should consult our [Returns and Refunds Policy].
8. Product Warranty (After-Sales Service)
8.1. Products are covered by the manufacturer’s warranty in the event of a hardware fault (generally 2 years, unless otherwise stated in our after-sales service policy). Damage caused by breakage, oxidation or misuse is excluded from the warranty. 8.2. The procedure for handling claims depends on the product brand. The buyer must consult the "After-Sales Service" page on our website for the applicable procedure. The purchase invoice issued by HEM France will always be required.
9. Personal Data (GDPR)
The information collected is necessary for order processing. In accordance with GDPR, customers have the right to access, rectify, and object to their personal data. For more details, please see our [Privacy Policy].
10. Applicable Law and Jurisdiction
10.1. These General Terms and Conditions of Sale are governed by French law. 10.2. In the event of a dispute that cannot be resolved amicably, the Commercial Court of Marseille shall have exclusive jurisdiction, even where there are multiple defendants or a third-party claim under a warranty.