Terms And Conditions Of Sale
As a company registered under the Laws of France, THE HARMONIST is subject to French Law.
In accordance with the provisions of Law No. 2004-575 of 21 June 2004 on trust in the digital economy, users of the THE HARMONIST website are informed of the identity of the various stakeholders in the context of its implementation and monitoring.
This Site, available at the URL www.theharmonist.uk (the “Site”), is published by:
THE HARMONIST SARL – a limited liability company with capital of 5,210,000.00 euros, registered in the R.C.S. of Paris under number 522 821 230 00029, whose registered office is located at 36, Avenue George V 75008 PARIS, FRANCE, represented by Mr. Kazi Enayet ULLAH, duly authorized in his function as managing director,
The individual VAT number of the Operator is: FR52282123000029.
The EORI number is: GB393890937000
The Site is hosted by the company Shopify Inc., 150 Elgin Street, 8th Floor, Ottawa, Ontario, Canada K2P 1L4 - (613) 241-2828
The Editor of the Website is Mr. Kazi Enayet ULLAH.
By phone: +33 1 53 75 19 92
By email: firstname.lastname@example.org
By mail: THE HARMONIST – 36, Avenue George V, 75008 PARIS, FRANCE.
The processing of your personal data is governed by our Privacy Charter accordance with the General Data Protection Regulation 2016/679 of 27 April 2016 ("GDPR") as applicable in the European Union, and equivalent UK legislation.
GENERAL CONDITIONS OF SALE
Last updated: December 20th, 2021
Article 1 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
CONDITIONS OF USE
By accessing or using the Website, you signify that you have read this Contract and that you understand and agree to be bound by the terms of this Contract.
These General Terms and Conditions of Sale exclusively apply to natural persons or private individuals as Clients; they are not designed to govern commercial relationships between THE HARMONIST and distributors or resellers.
Notice of Dispute: This Contract includes an arbitration clause. Except for certain types of disputes mentioned in the arbitration clause, you agree that disputes with THE HARMONIST will be resolved through binding arbitration under French Law, as provided hereunder in Article 17 and that you waive your right to participate in a class action or collective arbitration.
The General Terms and Conditions of Sale (the "General Terms and Conditions of Sale", or the "GTCS") apply exclusively to the online sale of the products (“the Products”) offered by the Seller to consumers on the Website.
The GTCS are made available to customers on the Site where they can be consulted directly and can also be communicated to them on simple request by any means.
The GTCS are binding on the customer who acknowledges that the validation of the order by his confirmation constitutes acceptance by the Buyer to the GTCS in force on the day of the order
We consider the privacy of our users to be of the utmost importance. For a detailed description of our information collection and dissemination practices, we encourage you to carefully read our Privacy Charter because using THE HARMONIST, you agree that THE HARMONIST may collect, use and share your information in accordance with such Charter.
Article 3 – PRODUCT DESCRIPTION
The Products presented on the Site are each the subject of a description (established by the Seller or accessible on the manufacturer’s site by a link on the Site) mentioning their essential characteristics. Photographs illustrating the Products, if any, are not binding.
You expressly agree that access to and use of the Website is at your sole risk. The Website is provided “as is” and “as available”. THE HARMONIST makes no representations or warranties, express, implied or statutory, with respect to the Website, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, virus-free or other harmful code-free and any warranties resulting from an operation or business practice. THE HARMONIST makes no representation or warranty that any material, content, product or service displayed, offered through or purchased by you through the Website is accurate, complete, appropriate, reliable, timely, operational, error-free, and secure, or that the Website will operate without interruption, delay or imperfection.
The Client remains responsible for the terms and consequences of its access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers, such as Internet service providers, which remain at its expense. In addition, the Client must provide and be fully responsible for the equipment necessary to connect to the Site.
The Client acknowledges having verified that the computer configuration it uses is secure and in working order.
Article 4 – ACCOUNT, PASSWORDS, SECURITY
Enrollment is open to competent adults and minors provided that they intervene under the supervision of the parent or guardian holding parental authority. In no case is registration authorized on behalf of third parties unless it is validly authorized to represent them (legal entity for example). Registration is strictly personal to each Client.
If the Client fails to comply with any of the provisions herein, the Seller reserves the right to terminate the said Client’s account without prior notice.
Please refer to our Privacy Charter for a detailed description of our information collection and dissemination practices that govern your use of the Website and your submission of personal information. If you choose to submit your personal information to THE HARMONIST or to contact THE HARMONIST, you acknowledge that you do so voluntarily and that no 100% safety can be granted in respect to your personal data.
You cannot use someone else’s account without permission.
When setting up your account, you must provide accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information or make up a name or contact information.
Therefore, the Client undertakes to:
- Provide real, accurate, up-to-date information when it is entered in the Services registration form, including not using false names or addresses, or names or addresses without authorization.
- Keep registration data up-to-date to ensure that they are real, accurate and up-to-date.
The Client further undertakes not to make available or distribute unlawful or reprehensible information (such as defamatory or identity theft information) or harmful data or code (such as viruses). Otherwise, the Seller will have the right to suspend or terminate the Client’s access to the Site, at the Client’s cost.
You are fully responsible for your account and everything that happens on your account. This means that you have to pay attention to your password. If you discover that someone is using your account without your permission, let us know immediately.
You cannot transfer your account to someone else. We are not responsible for any damage or loss caused by someone using your account without your permission. If we (or anyone else) suffer damage as a result of unauthorized use of your account, you may be held liable.
In the event of interception or unauthorized access despite our efforts, THE HARMONIST will not be responsible for such interceptions or unauthorized access. You are responsible for the security of your own account.
Article 5 – ORDERS
The Client declares that it has full legal capacity to accept and be bound by these General Terms and Conditions.
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, credit card and/or orders that use the same billing and/or shipping address.
We will strive to ensure optimal availability of these Products. Product offers are valid within the limits of available stocks.
If we change or cancel an order, we will attempt to notify you by contacting the email address and/or billing phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our opinion, appear to be placed by dealers, resellers or distributors.
With the exception of any mention to the contrary in these GTCS and without prejudice to the right of withdrawal provided by the applicable law, the Client’s orders are firm and final.
The Client undertakes to read the current General Terms and Conditions of Sale. Confirmation of the order results in acceptance of the GTCS and forms the Contract.
The contractual information relating to the order (in particular the order number) will be confirmed by email in good time and at the latest at the time of delivery. The Seller urges the Client to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Client in the "my account" area. The Seller also advises the Client to print and/or archive this invoice on a reliable and durable medium as proof.
Any email that will be sent to the Client as part of an order will be sent to the email address that the Client uses to identify himself in his Client’s account.
The Seller shall archive the Contracts for the sale of Products in accordance with the applicable legislation.
Any modification of the order by the Client after confirmation of his order is subject to the agreement of the Seller.
The information communicated by the Client during the placing of the order (specifically your name and delivery address) binds the latter. Thus, the liability of the Seller can in no way be sought if an error at the time of placing the order would prevent or delay the delivery.
Article 6 – TERMS OF PAYMENT
6.1. The Client expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires the payment of the indicated price for the supply of the ordered Product.
In any event, the Seller reserves the right to check the validity of the payment, prior to dispatch of the order, by all necessary means.
6.2. ONLINE ORDERS
6.2.1. The Client places his order by Internet on the merchant site accessible from the Website www.theharmonist.uk. All the steps necessary for the sale are specified on the Website, in accordance with the provisions of article 1369-4 of the French Civil Code.
The Client shall be responsible for the costs of telecommunications when accessing the Internet and using the Website.
Before the final confirmation of his order, the Client visualizes the details and characteristics of his order: ordered Products and references, price, quantity to be delivered, date of the order, delivery costs, method of payment chosen by the customer, etc. and has the possibility to correct any errors.
From the moment the Client has validated his order, the Seller acknowledges receipt of it without delay and electronically, specifying that the acknowledgement of receipt of the order does not in any case confirm the availability of the ordered Product or Products or validate the payment of the order. The sale will not be considered final until after the confirmation of the order by the Seller has been sent to the customer, specifying the shipment of the items. Only items shipped will be charged with the shipping fee.
Any request to cancel an order must be made either on the day of the order for an order validated before 11 am, or the next day before 11 am for an order validated after 11 am.
This cancellation must be made directly with THE HARMONIST customer service by phone at +33 1 53 75 19 92 or by email at email@example.com.
The Seller undertakes to honor the orders received on his Website only, within the limits of the available stocks of the Products. In the event that the Products are not available, the Seller undertakes to inform the Client by email as soon as possible, and to cancel the order for this Product and refund the price paid.
Article 7 – PAYMENT OF PRICE
The fact of validating an order implies for the Client the obligation to pay the indicated price of the Product.
Payment for purchases is made by debit or credit card Visa, MasterCard, American Express and Carte Bleue, provided that the delivery address is located in Great Britain.
The price of the Products in force at the time of the order is indicated in British pounds sterling (£), including UK VAT, UK customs duty, other taxes applicable at the date of this legal notice. Shipping and transport costs are included for orders above 135£. Shipping costs of £10 will be stated as a separate line item and invoiced to a Client for all orders of less than £135.
For the UK, the price is payable in British pounds sterling (£) exclusively. The price is payable in full after confirmation of the order.
If applicable, delivery or transport charges are added to the price of the Products and indicated separately before the validation of the order by the Client. The total amount due by the Client and details are indicated on the order confirmation page.
After an order has been submitted, a submission page will be displayed, and the Client will shortly receive an email confirming receipt of the order. In accordance with French Law, the e-mail confirming receipt of the order contains a summary of the GTCS information on the essential characteristics of the Products purchased, a detailed indication of the price and means of payment, information on delivery costs.
These communications, purchase orders and invoices may be produced as proof of Contract. Unless proven otherwise, the data recorded by the Seller on the Internet or by telephone shall constitute proof of all transactions between the Seller and its Clients.
Article 8 – FORMATION OF THE CONTRACT
The Contract between the Seller and the Client is formed when the Client sends the confirmation of his order.
The archiving of communications, purchase orders and invoices is ensured by the Seller on a reliable and durable medium in order to constitute a faithful and durable copy.
Article 9 – TRANSFER OF RISKS - RETENTION OF TITLE OF OWNERSHIP
Risk of loss or damage to Products is transferred when the Products are delivered to the Client (DAP as stated above).
The Seller shall remain the exclusive owner of the Products ordered on the Site until full payment is received, including any shipping costs.
Article 10 – SHIPPING, DELIVERY AND PAYMENT OF TAXES
Delivery is the transfer to the Client of physical possession or control of the Product.
The shipping costs are those specified when the order is finalized and are accepted by the validation of the order.
The Seller undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at the level of the basket, provided that the payment of the order has not been previously refused.
Products are shipped DAP (Delivered at Place).
French and UK customs declarations are handled by THE HARMONIST, and no customs taxes are currently applicable.
However, if one or more Products cannot be delivered within the initially announced deadline, the Seller will send an email indicating to the Client the new delivery date.
The Products will be delivered to the address indicated by the Client when ordering. It is therefore up to the Client to check that this address does not contain any errors. The Seller may not be held liable if the address communicated by the Client is erroneous, thus preventing or delaying delivery.
Upon delivery, the Client may be asked to sign a receipt voucher.
If the Products are delivered to the Client in a damaged state, or if Products are missing from the order delivered to the Client, the Client should immediately inform THE HARMONIST at the following address: firstname.lastname@example.org, enclosing the order number and one or more photos of the damaged Products.
Article 11 – RIGHT OF WITHDRAWAL
If a delivered Product does not fully satisfy the Client, the latter may return it to the Seller. The Client will have 14 days to do so from the date of confirmation of the order as sent by the Client.
The returned Product must be in its original packaging, unopened, in perfect condition, suitable for resale, unused, unaltered, and with all possible accessories. Samples cannot be returned.
In addition to the returned Product, the return package must also contain the original shipping documents with the contact details (surname, first name, address) and the original purchase invoice.
The return costs shall be borne by The Harmonist.
Please send an email to email@example.com with all return requests to receive the shipping documents to print and stick on the parcel.
We cannot accept returns and exchanges of THE HARMONIST Products purchased from our authorized retailers.
The Seller shall reimburse the Client for the amount of the Product within fourteen (14) days of receipt of the returned Product and all elements enabling the Client’s refund to be implemented.
This refund may be made by the same means of payment as that employed for the Client. As such, the Client having paid his order in the form of credit notes/gift vouchers may be refunded by credit notes/gift vouchers according to the will of the Seller.
By accepting these GTCS, the Customer expressly acknowledges having been informed of the terms of withdrawal.
Article 12 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The Seller is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images whether animated or not, photographs, videos, logos, designs, models, software, visual identity, database, structure of the Site, product models (including all related materials related to it), brand, Product and collection names, and any other intellectual property and other data or information (hereinafter referred to as the “Elements”) which are protected by French and international laws and regulations relating in particular to intellectual property. Our company name, 'THE HARMONIST", is also an official trademark, registered in the UK.
Consequently, no part of the Site or its content may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, distributed, represented, stored in a search system, used, rented or operated in any other way, free of charge or at cost, by a Client or by a third party, regardless of the means and/or media used, electronic, mechanical, photocopying, recording or other, whether known or unknown to date, without the prior express written consent of the Seller on a case-by-case basis, and the Client is solely responsible for any unauthorized use and/or exploitation.
THE HARMONIST holds all copyrights, trademarks, domains, logos, business dress, trade secrets, patents and other intellectual property rights associated with THE HARMONIST. You may not use our copyrights, trademarks, domains, logos, trade-dress, patents or other intellectual property rights unless expressly authorized by us.
You may not participate in the following activities on the website:
- use the Website for fraudulent, harassing, offensive or illegal purposes;
- Violate or misappropriate the rights of THE HARMONIST, including intellectual property, or other proprietary rights;
- download, launch, display, email or transmit any material (including any robot, worm, script operation or computer virus) that may harm or corrupt the website, or to harm or corrupt our computer systems or anyone’s data;
- impersonating another person or attempting to collect or collect personal information from others (including account information).
We have the exclusive right to delete an account that violates these rules or that we deem inappropriate for any reason. We can investigate events that we believe may involve inappropriate activities and work with law enforcement authorities to prosecute violations of the law.
The Seller reserves the right to take legal action against persons who have not complied with the prohibitions contained in this article.
ARTICLE 13 – LIABILITY
The Seller cannot be held liable for the non-performance of the Contract by the Client or due to an event qualified as force majeure pursuant to French Law or the unforeseeable and insurmountable fact of any third party hereunder.
The Client acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Seller does not guarantee that the Site and its services will operate without interruption or operational error. In particular, their operation may be temporarily interrupted due to maintenance, updates or technical improvements, or to change the content and/or presentation.
We may interrupt some or all of our Services at any time and events beyond our control may affect our Services.
We may change, suspend or terminate your access to or use of the Website at any time, for any reason, including but not limited to, if you violate our Contract or if you create any possible harm, risk or legal exposure to us, our users or other people.
The Seller cannot be held responsible for the use that would be made of the Site and its services by the Clients in violation of these GTCS and for any direct or indirect damages that this use could cause to a Client or a third party.
To the maximum extent permitted by applicable law and notwithstanding any other provision of this Contract, THE HARMONIST may not under any circumstances (including its partners, affiliates, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assigns and third-party service providers) be liable to you (including your partners, officers, employees, agents, contractors, successors, heirs or assigns) for any indirect, special, incidental, exemplary, punitive or consequential damages, whether resulting from contract, under equity, negligence, intentional conduct, offence or other situation (including breach of warranty, negligence and tort), including, without limitation, any error or omission in the content of the Website, for your action or inaction with respect to the Website, for any damage to your computer or your data, any damage associated with the loss of your personal information or any other damage or economic loss that you may suffer as a result of or in connection with (a) the website; (b) your submission of personal information or other information through the website; or (c) your purchase of Products on the Website, even if THE HARMONIST or one of its affiliates has been notified of the possibility of such damages.
These limitations apply despite the failure of the essential objective of any limited remedy.
Notwithstanding the foregoing limitation of liability for damages, if a court of competent jurisdiction decides to award you pecuniary damages for any claim or cause of action arising out of such damages, the amount of interest on such claim or cause of action is limited to the greater of 100 euros or the amount you have spent on the THE HARMONIST Website.
The laws of Great Britain may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set out above may not apply to you.
Notwithstanding any provision contrary to our terms, in such cases, THE HARMONIST’s liability will be limited to the extent permitted by applicable law.
Article 15 – HYPERLINKS AND COOKIES
Hypertext links and cookies available on the Site may link to third-party sites not edited by the Seller. They are provided solely for the convenience of the Client, in order to facilitate the use of the resources available on the Internet. If the Client uses these cookies and links, he will leave the Site and will then agree to use the third-party sites at his own risk or, if applicable, in accordance with the conditions governing them.
Consequently, the Seller cannot be held liable in any way whatsoever for these hypertext links.
The Site may also contain promotional hyperlinks and/or advertising banners referring to third-party sites not published by the Seller.
The Seller invites the Client to inform it of any hypertext link present on the Site that would allow access to a third-party site offering content contrary to laws and/or good morals.
The Client may not use and/or insert a hyperlink pointing to the site without the prior written consent of the Client on a case-by-case basis.
ARTICLE 17 – GENERAL PROVISIONS
17.1 ENTIRETY OF THE CONTRACT OF THE PARTIES
These GCTS constitute a Contract governing the relations between the Client and the Seller. They constitute the entirety of the rights and obligations of the Company and the Seller relating to their subject matter.
If one or more stipulations of these CGTS are declared null and void in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and effect. Furthermore, the fact that one of the parties to these GCTS does not invoke a breach by the other party of any of the provisions of these >GCTS cannot be interpreted as a waiver on its part to invoke itself in the future of such a failure.
17.2 CHANGES TO CONDITIONS
The Seller reserves the right to change at any time, in its sole discretion and without prior notice, the content of the Site or the services available on it, and/or to stop temporarily or permanently operating all or part of the Site.
In addition, the Seller reserves the right to change at any time and without notice the location of the Site on the Internet, as well as these GCTS. The Client is therefore obliged to refer to these GCTS before any use of the Site.
The Customer acknowledges that the Seller cannot be held liable in any way to him or any third party for such modifications, suspensions or assignments.
The Seller will send a Notice of Change to these GCTS if applicable, with an amendment to the “Last Change” date at the top of these GCTS. Your continued use of THE HARMONIST confirms your acceptance of our terms as amended. If you do not agree to our modified GCTS, you must stop using the Website. Please review our GCTS from time to time. All changes to the GCTS will come into effect immediately.
17.3 CLAIMS - ARBITRATION
The parties have the right to use conventional mediation or any alternative dispute resolution process in the event of a dispute. The referral to the mediator is the responsibility of the both parties. The parties are free to refuse the solution proposed by the mediator.
You agree that the Court of PARIS located Parvis du tribunal, 75017 PARIS or the Commercial Court of PARIS located 1 Quai de Corse, 75004 will have sole jurisdiction for any dispute.
These GCTS are governed, interpreted and applied in accordance with French Law.
At the date when these GCTS are released, Great Britain and the European Union have entered into a business and cooperation agreement date January 1st, 2021. In case any provision of these GCTS is found contradictory to such cooperation agreement, the latter shall prevail.
THE HARMONIST undertakes to follow-up and implement any change to these GCST in order to take into account BREXIT consequences and adapt the Contract to the latest updates to applicable law.
17.5 ACCESS TO PERSONS WITH DISABILITIES
THE HARMONIST will make reasonable efforts to facilitate access to the Website for persons with disabilities and will make reasonable changes to policies, practices and procedures and will provide support and services to persons with disabilities who require such accommodation. If you have questions about accessibility or need accommodation, please email firstname.lastname@example.org or call +33 1 53 75 19 92.
17.6 CUSTOMER ACCEPTANCE OF TERMS AND CONDITIONS
Our failure or delay to insist on the strict performance of any provision of this Contract shall not be construed as a waiver of any provision or right. Neither conduct between the Parties nor business practices may alter any provision of this Contract. We may assign our rights and obligations under this Contract to any party at any time without notice.
All of our rights and obligations under our Contract are freely transferable by us to one of our affiliates or in connection with a merger, acquisition, restructuring or sale of assets, or by operation of law or otherwise, and we may transfer your information to one of our affiliates, successor entities or new owners.
You will not transfer any of your rights or obligations under our Contract to anyone else without our prior written consent.
You acknowledge that you have carefully read these Terms and Conditions.
By using and registering on the Site, the Customer confirms that it has read and accepted the General Conditions, making it contractually bound by the terms of these General Conditions.
17.7 COMMUNICATING WITH US
If you have any questions about this Contract or any of our products, please contact us at:
36, Avenue George V
75008 Paris, France
Tel. : +33 1 53 75 19 92
Although THE HARMONIST may in most cases receive your e-mail or other information provided, THE HARMONIST does not guarantee that it will receive all such e-mails or other information in a timely and accurate manner and will not be legally obliged to read, act on or respond to such email or other information.