Terms and conditions
Terms and conditions
The online store of the www.xohavana.fr site is managed by LIBRENTEZ LTD, which is the sole operator of this site. All orders made at the store through the website www.xohavana.fr assumes the reading and prior acceptance of these general conditions.
Consequently, the consumer says the customer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the frame of the shop www.xohavana.fr The customer has the option of saving or printing these general conditions of sale, it being specified that the conservation of this document is his sole responsibility.
The customer, prior to his order, declares that the purchase of these products is not directly related to his professional activity, their purchase being reserved for his personal use. As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products acquired on the site www.xohavana.fr would actually be related to his professional activity.
Our company-run online store FREE LTD through the website www.xohavana.fr mentions the following information:
- Legal notice allowing the identification of the company LIBRENTEZ LTD
- Presentation of the characteristics and visual of the goods offered
- Indication of the price of the goods as well as, where applicable, delivery costs, in Euros
- Indication of payment and delivery terms.
- The existence of a right of withdrawal or return of goods (sub-conditions)
- The period of validity of prices and promotions
- All of this information is presented in French. The consumer declares to understand this language and to have the full legal capacity allowing him to engage under these general conditions.
Article 1: Entirety
These general conditions express the entirety of the obligations of the parties. In this sense, the customer accepts without reservation all the provisions provided for in these general conditions of sale. No other general or specific condition may be incorporated herein, since these documents would be incompatible with these general conditions of sale.
Article 2: Purpose
The purpose of these general conditions of sale is to define the rights and obligations of each party in the context of the online sale of goods offered by the company. FREE LTD to its customers.
Article 3: Entry into force and duration
These general conditions of sale come into force on the date of the order form. These general conditions are concluded for the duration necessary for the supply of the goods purchased, until the expiry of the guarantees due by the company. FREE LTD .
Article 4: Electronic validation
The "double click" of the customer under the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 5: Order confirmation
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, to the address indicated by the consumer on his order form.
Article 6: Proof of the transaction
The computerized registers, kept on the servers of the company's host FREE LTD under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable, durable and secure medium that can be produced if necessary as proof.
Article 7: Product information
The society FREE LTD present on its website www.xohavana.fr the products for sale with the necessary characteristics which make it possible to comply with article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before taking the final order the essential characteristics of the product he wants to buy.
Section 8: Inventory
The offers presented by the company FREE LTD are only valid while stocks last.
Article 9: Applicable prices
The prices are indicated in euros and are only valid on the date the order form is sent by the customer. They do not take into account shipping costs, invoiced in addition. The prices are inclusive of VAT, including the VAT applicable on the day of the order and any change in the applicable rate of VAT will be automatically passed on to the price of the products on the site. www.xohavana.fr . The full price of the items must be paid when ordering. At no time can the sums paid be considered or transformed as a deposit or down payment.
Article 10: Method of payment
To pay for his order, the customer finds at his disposal all the payment methods mentioned at the bottom of the order form. The customer certifies that he has the necessary authorizations to use the payment method when validating the order form with the company. FREE LTD .
The society FREE LTD reserves the right to suspend any order as well as any delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of payment refused by its bank.
The society FREE LTD notably reserves the right to refuse to make a delivery or to honor an order from a customer who has not fully or partially paid for a previous order. And this as long as this payment dispute exists.
The administrative department of the company FREE LTD has set up a procedure for verifying orders over 500 euros intended to ensure that no one uses the payment details of another person without their knowledge.
As part of this verification (order of more than 500 euros), the customer will be asked to send by email or fax to the company FREE LTD a copy of an identity document and proof of address. The order will only be validated after receipt and verification by the administrative department of FREE LTD parts sent.
Payment methods vary depending on the country of the customer and the destination of the package. In France, you can pay for your purchases by Carte Bleue (Visa, Mastercard, CB), bank check, postal check or bank transfer.
Discount coupons cannot be combined. Any order placed cannot include more than one reduction voucher. Discount vouchers are understood to mean affiliation vouchers, referral vouchers, abandoned cart reduction vouchers, as well as birthday vouchers.
Discount coupons whose date has expired are permanently lost whether they are reduction in percentage or in cash value.
Article 11: Shipping times and product availability.
The order will be executed at the latest within 3 to 4 working days from the day following that on which the consumer placed and paid for his order. In case of unavailability of the ordered product, the customer will be informed at the earliest within 5 working days and will have the possibility of canceling his order partially or totally. The customer will then have the choice to be reimbursed for the amount paid within 30 days at the latest and this at his request or to replace the missing product with another product of the same value or of lower value. The reimbursement of the sums will be made only according to the means of payment initially used by the customer. The society FREE LTD gives the customer the possibility of receiving a credit note for the amount for later use.
Article 12: Terms of delivery
The products are delivered to the address indicated by the consumer on the order form.
Delivery without signature: proof of the carrier as proof
The consumer is responsible for his choice of delivery and acknowledges that delivery without signature - by its nature - transfers responsibility for the parcel from the carrier to the consumer from the moment the latter is delivered to the mailbox or to a third party at the delivery adress. Only the carrier's proof is authentic. It is then appropriate for the consumer to turn directly to the carrier in the event of a dispute.
This responsibility can be transferred during a delivery against signature, assuring the consumer of good delivery. For this, the consumer must opt for delivery by Colissimo with delivery against signature, when placing the order.
Accuracy of delivery address
The consumer is responsible for the destination address he provides. He must provide as much information as possible for the correct delivery of the package. If the delivery could not continue its routing for incomplete or incorrect address, the actual costs of delivery for a reshipment are the responsibility of the consumer. These costs must be paid by check before reshipping the package.
Receipt on delivery
The consumer is required to check the condition of the package received upon receipt and to report the damage due to the carrier on the delivery note (in delivery against signature), as well as to the company FREE LTD , within 5 working days.
Delivery without signature
As part of a shipment without signature in metropolitan France, the shipment may be made by Letter Max or Colissimo without signature, depending on the nature and size of the goods to be sent.
Delivery by La Poste
In the event of absence during home delivery , a delivery notice will be delivered to the mailbox, allowing the package to be collected at the post office indicated during opening hours, within 15 days.
In the event of a delay in delivery in relation to the date indicated in the dispatch email, the consumer must report this delay by contacting the Customer Service of FREE LTD who will launch an investigation with La Poste.
The investigation may take up to 30 days from the date of the start of the investigation. If during this period, the product is found, it will be re-routed immediately. If on the other hand the product is not found at the end of the period of 30 days of investigation, the Post office considers the parcel as lost and FREE LTD will return the goods at its expense.
If the product(s) ordered were no longer available at that time, FREE LTD will reimburse the amount of the products concerned by the loss of the carrier.
FREE LTD declines all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products or strikes.
Article 13: Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken product, etc.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature. The consumer must at the same time confirm this anomaly by sending the carrier within two working days following the delivery date a registered letter with acknowledgment of receipt setting out the said complaints. The consumer must send a copy of this letter by email or by simple mail to: FREE LTD , 8 rue Lacharrière, 75011, Paris.
Article 14: Delivery errors
- The consumer must formulate with the company FREE LTD the same day of delivery or at the latest the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications appearing on the order form. Any complaint made beyond this period will be rejected.
- The formulation of this complaint to the company FREE LTD must be made in priority by e-mail to the e-mail address indicated on the delivery note or by connecting to the customer area on the site www.xohavana.fr . For the proper processing of the request, the consumer must specify the order reference listed on the delivery note.
- Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the company. FREE LTD of any liability towards the client.
- Upon receipt of the complaint, the company FREE LTD will assign a merchandise return or exchange number for the product(s) concerned and communicate it by e-mail to the customer. The exchange or return of a product can only take place after the allocation of an exchange number according to the procedure presented above.
- In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the company FREE LTD as a whole and in its original packaging, by Colissimo Recommandé, to an address provided by the company FREE LTD .
To be accepted, any return request must be reported in advance to the company's Customer Service. FREE LTD .
Shipping costs are the responsibility of the company LIBRENTEZ LTD , except in the case where it turns out that the returned product does not correspond to the original declaration made by the customer in the return form.
Article 15: Sales outside Europe, Taxes and customs
Deliveries outside the European Union are not subject to VAT. However, they may be subject to local taxes and customs duties in force in the country of destination. The amount of customs duties, taxes or various charges on the importation of goods depends on the regulations in force in each country and is the responsibility of the recipient upon receipt of his package. It is therefore up to the customer to obtain the necessary information from the local authorities concerned and to ensure compliance with the formalities specific to the importation of goods into the territory of the country of destination. Delivery addresses in DOM/TOM or army addresses with SP abroad (outside mainland France) cannot be delivered. The society FREE LTD cannot be held responsible for the customer's failure to comply with the laws in his country.
Article 16: Product warranty
In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions hereof cannot deprive the customer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects of the thing sold. . The consumer is expressly informed that the company FREE LTD is not the producer of the products presented within the framework of the site www.xohavana.fr , within the meaning of law n°98-389 of May 19, 1998 and relating to liability for defective products.
Consequently, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the producer thereof may be sought by the consumer, on the basis of the information appearing on the packaging of the said product. The conditions and duration of the manufacturer's warranty are indicated on the product sheets.
Given the frequency of renewal of technical product components, FREE LTD may, on request, inform the consumer of the availability of spare parts for the products offered and of the procedures for obtaining them.
Article 17: Right of withdrawal
Claim the right of withdrawal within 14 days with Customer Service
The consumer has a period of 14 working days to exercise his right of withdrawal on products that do not suit him. This right of withdrawal must be asserted by email to the Customer Service of FREE LTD .
This period runs from the customer's order. If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.
In order to speed up the refund process, it is advisable to follow the logistics return procedure for the product, i.e. obtain a return number from the company's Customer Service FREE LTD .
This return number will give the consumer an additional 14 days from the date of obtaining the return number, to return the products, at his expense. The product must be returned by Colissimo Recommended to an address provided by the company FREE LTD .
Conditions of returnable products
Only products returned as a whole will be taken back, in their complete and intact original packaging (including software, cables, accessories and documentation), and in perfect condition for resale. Any product that has been damaged, consumed (for consumables) or whose original packaging has been damaged in such a way as to compromise its resale, cannot be subject to a right of withdrawal.
Exceptions to the right of withdrawal:
The supply of goods whose price depends on fluctuations in financial market rates, the supply of goods made to the consumer's specifications or clearly personalized or which, by their nature, cannot be reshipped or are likely to deteriorate or to expire quickly.
Refund and right of withdrawal
This right of withdrawal is exercised without penalty, with the exception of return costs. In the event of the exercise of the right of withdrawal, the customer has the choice to request either the reimbursement of the sums paid, or the exchange of the product. Redelivery will be at the consumer's expense.
In the event of exercise of the right of withdrawal, the company FREE LTD will make every effort to reimburse the consumer within 14 days of receipt of the return.
The consumer will then be reimbursed by re-crediting his bank account in the event of payment by credit card, or by check in other cases, or in the form of a credit note if the customer requests it.
Article 18: Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days following the date on which it becomes aware of them. The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions of sale may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 19: Partial non-validation
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their strength and reach.
Article 20: No waiver
The fact for one of the parties not to take advantage of a breach by the other party of one or any obligation referred to in these general conditions of sale cannot be interpreted for the future as a waiver of the obligation in question.
Article 21: Applicable law
These general conditions are subject to French law, notwithstanding any rule relating to conflict of laws. This is the case for rules of substance as well as for rules of form.
In the event of disputes, the customer may make his complaints to the Customer Service of FREE LTD in order to seek an amicable solution.
In the absence of an amicable agreement between the Parties, the dispute will be submitted to the French courts.
With the exception of natural persons for whom the competent courts will be determined by the provisions of the Code of Civil Procedure, in the event of a dispute over the interpretation, execution or termination of these presents.
Article 23: Computing and Freedoms
The information requested from the customer is necessary for the processing of his order and may be communicated to the contractual partners of the company. FREE LTD involved in the execution of this command. The customer can write to the company FREE LTD - Marketing Service, 8 rue Lacharrière , 75011, Paris , to oppose such communication, or to exercise their rights of access, rectification with regard to information concerning them and appearing in the company's files FREE LTD , under the conditions provided for by the law of January 6, 1978.
Article 24: Modifications and updating of catalog prices and validation of orders
The information and written descriptions as well as the photos that accompany them on the product sheets may be modified without reservation or notice.
When updating collections and catalogs, only written descriptions are contractual, photos are said to be: "Non-contractual". For more information on the products, the customer must if he wishes, ask for confirmation on the accuracy of the visual online and this before starting an ordering procedure.
The prices indicated on our website are checked every day and validated by our services following customer orders and before shipment. It may therefore be stipulated to the customer that the registered order is not admissible following a technical incident or a price display error. As such, the order would be immediately canceled and the customer informed of this cancellation and reimbursed by the standard payment cancellation process.