General Terms and Conditions of Sale
General Terms and Conditions of Sale
The present conditions are concluded between, on the one hand, the company JCM Fine Art, whose commercial name is Homaar, hereinafter referred to as "Homaar" and, on the other hand, the persons wishing to make a purchase via the Homaar website (www.homaar.com), hereinafter referred to as "the buyer". These terms and conditions apply exclusively to non-trading individuals. The parties agree that their relationship shall be governed exclusively by this agreement, to the exclusion of any terms and conditions previously available on the website. If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
1. Object :
The present conditions aim to define the terms of sale between Homaar and the buyer, from the order to the services, including payment and delivery. They regulate all the steps involved in placing an order and ensure the follow-up of the order between the contracting parties.
2. Order :
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
Homaar undertakes to honour orders received on the website only within the limits of available stocks of products. If the product is not available, Homaar will inform the buyer.
3. Shipping and Delivery :
Delivery in Metropolitan France from 150,00 euros of purchase.
For all other countries, shipping costs are at the buyer's expense and depend on the country of delivery. They will be specified to the customer when the order is confirmed.
The ordered products will be delivered to the address indicated by the buyer anywhere in the world.
Homaar reserves the right to choose the carrier, and the risks of transport are borne by the purchaser from the moment the product leaves the warehouse.
Deadlines and prices are currently as follows and are subject to change.
Once the order has been confirmed, Homaar will deliver all the items ordered by the buyer to the carrier within 2 to 10 working days. Please note that orders placed on the www.homaar.com website on Saturdays, Sundays and Mondays are processed on the following Tuesday.
Except in the case of special operations and within the limits of available stocks, delivery times are 48 to 72 hours for France and 3 to 10 working days for foreign countries, depending on the destination.
Deliveries are made in France by La Poste in Colissimo suivi. Homaar does not deliver to post office boxes. The parcel is given without signature to the addressee.
In case of absence, a notice of pending delivery is left in the mailbox of the addressee. The addressee has 15 days to collect it from the post office.
At any time you can track your parcel on the website of La Poste.
Homaar shall not be held liable for any delay in the delivery of the service, for whatever reason. Homaar will not be liable for any damages of any kind.
Note : Due to the current health situation, deliveries by La Poste are made without a signature on receipt.
4.Tariffs, payment and invoicing :
The prices are indicated in euros including all taxes. They take into account the VAT applicable on the day of the order. These prices do not include the cost of processing (postage, packaging and preparation of the parcel according to the amounts in force). Any change in the applicable rate may be reflected in the prices of the products. After this date, they may be modified at any time. The prices of the products will not be modified once the order has been placed. If one or more taxes or contributions are created or modified, either upwards or downwards, this change may be reflected in the selling price of the items on the Homaar website.
The prices indicated on the site are guaranteed for the duration of the publication and within the limits of available stocks.
The final price charged to the customer is the price indicated on the order confirmation.
Payment can be made by credit card with the Visa, Eurocard or Mastercard symbol. You can also pay via PayPal. Your bank account will be debited upon validation of your order. Knowing that there is always a delay from the banks, the validation of payment can sometimes take a day, from the validation of the order. The invoice for the product will be inserted in the package containing the ordered product.
5. Right of withdrawal, return and exchange :
All items in the current collection that are not on sale can be exchanged (depending on stock) or refunded. Items that are on sale or out of stock can be refunded. Customer returns must be sent to the address below within fourteen working days from the date of receipt or collection of the package. Products must be returned by post in perfect condition to the following address Homaar - JCM Fine ART, 42 rue des Tournelles.
For foreign countries, the customer must specify to the customs services that it is a "return for non-conformity". Items on sale or at the end of the series may exceptionally be exchanged for a different size, subject to availability.
It is up to the user to keep all proof and date of this return. The costs of returning the goods are to be borne by the customer.
In the case of an exchange, the new delivery costs will not be charged to the customer.
Refunds will be made within 10 working days of receipt of the package
6. Guarantees :
All items are subject to a contractual guarantee, which does not preclude the legal guarantee provided for in Articles 1641 et seq. of the Civil Code. The user also benefits from a guarantee allowing him to return defective items delivered in accordance with articles L 211-4 and following of the Consumer Code. The user is therefore invited to refer to these texts if he/she wishes to have more details on these legal guarantees.
7. Signature and proof :
In all cases, the online provision of the credit card number and the final validation of the order shall constitute proof of the completeness of the said order in accordance with the provisions of the law of 13 March 2000 and shall constitute payment of the sums involved in the entry of the items on the order form.
This validation is equivalent to a signature and express acceptance of all operations carried out on the site. However, in the event of fraudulent use of the credit card, the client is invited to contact Homaar by sending an email to email@example.com.
Homaar has an obligation of result for all stages of the order process and for the stages following the conclusion of the contract.
Homaar undertakes to describe the products sold on the Homaar website as accurately as possible. Homaar shall not be liable for any failure to perform its obligations due to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by the French Jurisprudence. Similarly, Homaar cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of a computer virus.
All elements of the www.homaar.com website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
The user who has a personal website and who wishes to place, for personal use, a simple link on his website to the home page of the Homaar website must request permission from Homaar.
In any case, any link, even tacitly authorised, must be removed on simple request from Homaar.
In the event that one of the clauses of this contract is null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity of and compliance with these general conditions of sale.
These conditions apply for the duration of the services offered by Homaar.
Order forms and invoices are archived on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
The present conditions are subject to French law. The competent court in the event of a dispute shall be that of the place of residence of the defendant or, at the choice of the plaintiff, the place of actual delivery of the product.
8. Cookies :
A cookie is a small text file that is placed on your device (computer, tablet or mobile device) when you visit a website. The cookie allows a website to recognise you, helps you navigate from page to page on a website, provides secure connections and remembers your preferences for future visits.
The User may at any time deactivate the cookies stored on his/her device. To do so, the User must select the appropriate settings in the browser. However, this deactivation will prevent access to certain features of the Site that allow the personalisation of the services offered by Homaar.
The different types of cookies used
Necessary cookies : These cookies allow you to browse the site and are essential for the proper functioning of the site. Their deactivation will lead to difficulties in using the site and will prevent access to certain functions.
Functional cookies : These cookies allow us to remember your preferences and choices in order to personalise your experience on the site.
Performance and statistical cookies : These cookies collect information about how users use the site (number of visits, number of pages viewed, visitor activity) via Google Analytics and Facebook. These cookies also allow us to identify and resolve problems with the site and to improve it.
Advertising cookies : These cookies record information in order to send you personalised advertising tailored to your interests. They also help us to count the activity of our advertising spaces, to measure the audience, etc...).
Partner cookies : These cookies are placed on the user's terminal by partner companies to identify the items consulted or purchased on the site and to collect navigation data in order to personalise the advertising offer sent to the user outside the site. In the context of this type of advertising partnership, Homaar may transmit to the partner data concerning the items consulted by the user during his navigation on the site as well as the nature of his purchases. The user can refuse these cookies at any time by selecting the appropriate settings in their browser. This refusal will prevent access to certain features offered by Homaar's partner companies.
Thus, browsing the https:/www.homaar.fr website implies acceptance of this new personal data protection policy.
Who is responsible for your personal data?
The company responsible for processing your personal data is JCM Fine Art, a simplified joint stock company whose trade name is "Homaar", registered in the Paris Trade and Companies Register under number 85023603500018 and whose head office is located at 42 rue des Tournelles - 75004 Paris.
The servers of the website https:/www.homaar.fr are located exclusively at viaduc. Our database, which is essential for the proper functioning of the website, is located on these servers. Customer account information is also stored there.
For any requests or questions related to your privacy and the processing of your personal data, you can contact us at any time at the following e-mail address firstname.lastname@example.org or by post at the address of the head office of homaar - JCM Fine Art, 42 rue des Tournelles 75004 Paris
What information is collected and why?
Homaar collects and uses personal data in order to provide our services in the best possible way to our customers and to ensure the proper execution of orders. Some of the data we collect may also be used by our trusted third party service providers and may therefore have access to some of this data.
The personal data recorded by Homaar are the following:
Order : When you create a customer account on our website, our systems record the identification data necessary to place an order and send your parcel: postal address, email, gender, telephone number, last name and first name.
When your order is confirmed, our systems collect billing and payment data: payment method, transaction history and bank transaction number.
Are passwords and credit card numbers safe?
Passwords are encrypted and thus remain safe. For online payments, credit card numbers are also encrypted and we do not have access to them. Our bank provider, Stripe, ensures the confidentiality of bank information.
Newsletters : When you subscribe to our newsletter, our systems collect your e-mail address so that we can send you our newsletters regularly. You can unsubscribe at any time:
- By clicking on the "unsubscribe" link at the bottom of the newsletters
It then takes effect immediately.
Advertising : Like most e-commerce sites, we use your usage data (e.g. how you logged in, what you viewed, etc.) to display advertisements when you are on other websites. Please note that this process does not manipulate any personal data and neither the advertising company nor the third party sites displaying our advertisements have access to your personal data.
At any time you can delete cookies from your web browser if you no longer wish to see our advertisements.
Other : We may also collect data such as customer service requests, correspondence with the customer, etc.
How long do we keep your data?
We store your personal data for an unlimited period of time. The period of retention of personal data also depends on the purpose of the processing.
For example, data collected during an order is kept until the conclusion of all administrative formalities and is then archived. The data collected during a subscription to the newsletter, for example, will be kept until the final unsubscription.
What do I do if I want to change or delete my personal data that you have?
You have certain rights with regard to your personal data. Most of the data can be changed by yourself from your customer area on our website www.homaar.com. Finally, if you cannot find what you are looking for, please write to us directly at email@example.com.