Conditions of Sale
ARTICLE 1 – DEFINITIONS
- Item: the Property (s) that were the subject of the Order;
- Good: any product offered for sale on the Site;
- Order: request for Goods or Services made by the Customer from the Seller;
- General Conditions of Sale (GTC): the general conditions of sale which are the subject of these presents;
- Delivery Time: period between the date of Validation of the Order and the date of the actual Delivery of the Order to the Customer;
- Delivery Costs: cost of the costs incurred by the Seller to deliver the Order to the Delivery address indicated by the Customer;
- Delivery: shipment of the Item to the Customer;
- Delivery Method: refers to any standard or express delivery method available on the Site at the time of the Order;
- Price: the unit value of a Good; this value is understood to exclude all import taxes and Delivery Costs; the price is in SGD$;
- Total Price: the total amount of the cumulative Prices of the Goods which are the subject of the Order; this amount is inclusive of all taxes;
- All Inclusive Price: the Total Price to which is added the price of the Delivery
- Costs; this amount is inclusive of all taxes;
- Site: “ www.haviland.com.sg ” Online Sales site used by HAVILAND for the marketing of its Goods;
- Territory: see the meaning defined in Article 3;
- Validation of the Order: see the meaning defined in Article 5;
- Online Sale: marketing of the Seller’s Goods via the Site;
- The Customer: refers to any person who consults the ” haviland.fr ” Site who transmits their personal data and or places an order,
- Special cases: Products created and personalized on demand and for a specific client.
* “Any reference to the singular includes the plural and conversely, any reference to one gender includes the other gender”
ARTICLE 2 – IDENTIFICATION OF THE SELLER
The “www.haviland.com.sg” site belongs to the company HAVILAND (hereinafter “HAVILAND”) which operates it and whose head office is located at 22 Rue de la Trémoille, 75008 Paris, France TEL: +33 (0) 1 42 66 36 36, FAX: +33 (0) 1 42 66 45 63: SAS, with a capital of € 6 670 064 registered in the Paris Trade and Companies Register under number 347 994 337, NAF 2341Z, N ° of Intra-community VAT FR 56 347 994 337.
Each Customer can contact Haviland directly by:
– Mail: 290 Orchard Road, #04-04/05 Paragon Shopping Center, Singapore 238859
– Email: firstname.lastname@example.org
ARTICLE 3 – SCOPE OF APPLICATION
These General Conditions of Sale (hereinafter the “General Conditions of Sale” or “GTC”) govern without restriction or reservation the consultation and use of the Site ” www.haviland.com.sg ” by Users / Customers as well as sales of Goods made by HAVILAND from the Site.
These T & Cs are reserved for consumers only, within the meaning of the Singapore law and case law, acting exclusively on their own behalf.
These Conditions apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels. These T & Cs are accessible at any time on the Site and will prevail, where appropriate, over any other version or any other contradictory document. Unless proven otherwise, the data recorded by HAVILAND constitutes proof of all transactions. Information on product availability is provided when the order is placed, however due in particular to the size of stocks and orders, and / or closures of offices and production sites during holidays (public holidays or summer) a delay could occur for which HAVILAND cannot be held responsible. The Terms of delivery are valid during the working periods of the Manufacture. At the time of the annual summer holidays, an update of the delivery times will be indicated on the site to cover the closing period.
The modifications of these GTC are opposable to the Users / Customers of the Site as from their posting on line and cannot apply to the transactions concluded previously or all those concluded via another distribution network such as the shops.
The validation of the order by the Customer implies unreserved acceptance of these General Conditions of Sale. Thus in the event of a subsequent modification of the GTC, the latter will not be enforceable against it.
ARTICLE 4 – INTELLECTUAL PROPERTY
All reproduction and representation rights reserved:
The texts and photos presented on this Site are covered by intellectual property law. However, HAVILAND does not guarantee the accuracy or completeness of the information published on this Site.
Consequently, HAVILAND declines all responsibility:
- for inaccuracies that could affect the information available on this Site, or its incomplete nature;
- more generally for any damage, direct or indirect, whatever the causes or consequences, resulting from the consultation of the Site or the inability to access it, as well as resulting from the use of the information disseminated on this Site or the credit given to them;
- for any damage resulting from a fraudulent intrusion by a third party resulting in an alteration of the information disseminated on this Site.
Intellectual property rights, trademark rights, designs and models:
The documents, photos, drawings, models and Trademarks displayed on this Site are the exclusive property of HAVILAND which owns the rights. HAVILAND does not grant any license or any other right to use, exploit or distribute these documents, photos, designs, models and trademarks. The total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting. The only right conferred on any person accessing the Site is that of consulting it.
ARTICLE 5 – ORDERS
5.1 Ordering the Goods and concluding the sale online
In order to place the Order, the Customer must follow the following steps:
- Enter the address of the Site;
- Follow the instructions of the Site and in particular, the instructions necessary to open a customer account;
- Fill out the order form. In the event of prolonged inactivity during the connection, it is possible that the selection of the Goods and Services chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Goods and Services from the beginning;
- Check the elements of the Order and, if necessary, identify and correct errors; the addressee’s address must be exact, precise and complete to enable the parcel to be distributed under normal conditions. No liability can be incurred in the event of a breach of the foregoing;
- It is mandatory to indicate when ordering the recipient’s phone number and email address. In the event of a breach, neither HAVILAND nor its intermediaries can be held responsible for the non-delivery of the ordered package.
- Validate the Order, the Total Price as well as the All Inclusive Price (the “Order Confirmation”);
- Follow the instructions of the online payment server to pay the All Inclusive Price;
- Only delivery by hand to the recipient will be possible; no delivery to a letterbox or to a third party can be made.
The Customer will then receive electronic confirmation of the shipment of the Order. The sale will only be considered final after sending this confirmation to the Customer.
The Customer will receive the original of the invoice as well as a withdrawal form upon delivery of the products, in his package. In the case of delivery to an address other than the billing address, the invoice as well as the withdrawal form will be sent to the Customer by post or electronic mail.
Delivery will take place at the delivery address indicated by the Customer when placing the Order. When carrying out the various stages of the aforementioned Order, the Customer undertakes to comply with these contractual conditions by application of the provisions of the Civil Code.
HAVILAND undertakes to honor the Order only within the limit of available stocks of the Goods. If the Goods are not available, HAVILAND undertakes to inform the Customer thereof.
However, in accordance with the provisions of the Consumer Code, HAVILAND reserves the right to refuse the Order if it is abnormal, made in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning payment for a previous order.
The fact that a non-professional customer places an order on the “www.haviland.com.sg” Site implies full and complete acceptance and acceptance of these General Conditions of Sale.
5.2 Characteristics of the Goods
In accordance with the provisions of the Consumer Code, HAVILAND will do its best to present as faithfully as possible the products (and their essential characteristics) offered for sale on the Site www.haviland.com.sg . However, HAVILAND does not guarantee that the colors reproduced on its Site are exactly the same as those of the pieces offered in the store. Thus, the photos of the Goods / Products for sale on this Site have no contractual value.
Regarding the availability of goods presented on the Site: the Site www.haviland.fr is a Site presenting the collections of HAVILAND. The latter also offers an online store. However, for technical, stock and transport reasons, some products offered for sale by HAVILAND cannot be sold via the HAVILAND website. Thus, for each product HAVILAND will include the following mentions:
“In stock”: which implies that the product can be purchased by the Customer via the Site.
“Stock: for more information, contact us”: which invites the customer to contact HAVILAND via the contact form to obtain information on the availability of the parts concerned and the actual delivery times when the request is taken into account.
In case of question, the User / Customer may first get in touch with our sales team (email@example.com ).
HAVILAND reserves the right to modify the assortment of Goods.
All the Products sold by HAVILAND on the Site comply with the legislation of the European community in force and the standards applicable in France.
However, special orders for which the User / Customer must contact the sales team ( firstname.lastname@example.org) are excluded from the offer offered on the “ www.haviland.com.sg ” Site .
No contractual or commercial guarantee is attached to the Goods offered for sale.
5.3 Payment condition
The price is payable in cash, in full on the day the order is placed by the Customer. Consequently, any order will only be effective with an obligation to purchase.
Payment is made online by credit card. Bank cards accepted are those from the Visa, / MasterCard / American Express / Alipay /PayPal networks. Payments are debited when the order is shipped. In the case of an online payment by bank card, the order is deemed to have been placed on the date of validation of payment for the order by the Customer. Consequently, the deadlines indicated on the” www.haviland.com.sg” Site run from that date.
HAVILAND will not be required to deliver the Goods ordered by the Customer if the latter has not paid him the full price under the conditions indicated above.
Payment of the All Inclusive Price by the Customer is made only by credit card.
The prices of the Goods on the www.haviland.com.sg ” Site are indicated in Singapore Dollars SGD$, all taxes within Singapore are included but excluding shipping costs which are invoiced in addition. They take into account the VAT applicable on the date of the order. Any change in the applicable rate may be reflected in the prices of the Goods after the date of entry into force of the new applicable rate. As the prices of HAVILAND suppliers (gold in particular) are constantly changing, the prices displayed on the Site are subject to change at any time. They are also subject to variations for reasons of introductory prices, promotions or sales. The applicable price is that indicated on the Site on the date of the order by the Customer.
Packages giving rise to address correction or return sender may be subject to additional invoicing according to the pricing in force.
Failure to transmit the additional mandatory information (recipient’s mobile phone number and email address) may be subject to an additional billing according to the pricing in force.
5.5 Shipping costs
The shipping costs are indicated to the Customer before the final registration of the order.
5.6 Addresses, methods, delivery times and collection in store
The Customer must indicate a name, a valid telephone number and an exact, precise and complete delivery address under penalty of refusal of the Order. The Customer is solely responsible for a delivery defect due to a lack of indication during the Order.
5.6.2 Delivery methods
Delivery of the package (s) cannot be made to letterbox or to a third party (neighbor, Pickup point or other). Orders must be signed for on receipt.
5.6.3 Delivery times
Delivery times are available on the “ www.haviland.com.sg” Site and may vary depending on the availability of the Goods which have been the subject of the Order.
The deadlines are for a pick-up from Monday to Friday and for a delivery from Monday to Saturday, except on public holidays. Thus, the Delivery Times are understood in working days (excluding public holidays) and correspond to the average preparation and delivery times of the Order. Please contact us for more precise delivery times for your order.
Upon delivery, the Customer is required to check the condition of the packaging as well as the Articles. It is the Customer’s responsibility to make the reservations and complaints he considers necessary, or even to refuse the package, when the package is clearly damaged on Delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, not including public holidays, which follow the date of Delivery of the Goods. The Customer must also send a copy of this letter to HAVILAND. Failure to make a complaint within the aforementioned period extinguishes any action against the carrier in accordance with the provisions of the Commercial Code. The Customer must ensure that the Goods delivered to him correspond to the Order.
In the event of a delay in Delivery, HAVILAND will inform the Customer by email that the Delivery will take place with delay. In the event of a delay of more than one week, HAVILAND undertakes to pay compensation which may not exceed the price of transport (duties, taxes and miscellaneous costs excluded) upon written request.
5.6.4 Collection in store
Collection in store is possible at:
290 Orchard Road, #04-04/05,
Paragon Shopping Centre ,
5.6.5 Special case of the Manufacture’s annual closure periods
No delivery can be made during the period when the Manufacture is closed. Consequently, certain stock differences and delivery times may be extended. HAVILAND cannot be held responsible for this fact, especially since information on delivery times will be provided to the customer before the order is confirmed.
ARTICLE 6 – GUARANTEES
Each Client / User can directly contact Haviland by:
– Mail: 290 Orchard Road #04-04/05, Paragon Shopping Center, Singapore 238859
– Email: email@example.com
THE LEGAL GUARANTEE OF CONFORMITY
Under the provisions of Article L. 217-4 et seq. Of the Consumer Code, a legal guarantee of conformity is attached to all HAVILAND products.
To do this, the consumer:
has a period of two years from the delivery of the property to act; and this even if he does not respect the complaints process or the deadlines referred to in article 5.7 of these GTC.
may choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods. This period is six months for second-hand goods.
The legal guarantee of conformity applies independently of commercial guarantees. No commercial guarantees are attached to HAVILAND products.
THE GUARANTEE AGAINST HIDDEN DEFECTS OF THE SOLD THING
By virtue of the provisions of article 1641 and following of the Civil code, all products are guaranteed against hidden defects of the item sold.
The consumer can decide to implement the guarantee against hidden defects of the item sold. To do this, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
ARTICLE 7 – TERMS AND CONDITIONS
These terms and conditions outline the rules and regulations for the use of HAVILAND’s Website.
HAVILAND is located at:
290 Orchard Road, #04-04/05 Paragon Shopping Center, Singapore 238859
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use HAVILAND’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the HAVILAND’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Singapore. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
ARTICLE 8 – COOKIES
ARTICLE 9 – LICENSE
Unless otherwise stated, HAVILAND and/or it’s licensors own the intellectual property rights for all material on HAVILAND. All intellectual property rights are reserved. You may view and/or print pages from www.haviland.com.sg for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from www.haviland.com.sg
- Sell, rent or sub-license material from www.haviland.com.sg
- Reproduce, duplicate or copy material from www.haviland.com.sg
Redistribute content from HAVILAND (unless content is specifically made for redistribution).
ARTICLE 10 – USER COMMENTS
1. This Agreement shall begin on the date hereof.
2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. HAVILAND does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of HAVILAND, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws HAVILAND shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
3. HAVILAND reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
4. You warrant and represent that:
a. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
b. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
c. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy.
d. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
5. You hereby grant to HAVILAND a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
ARTICLE 11 – HYPERLINKING TO OUR CONTENT
1. The following organizations may link to our Web site without prior written approval:
a. Government agencies;
b. Search engines;
c. News organizations;
d. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
e. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
a. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
b. dot.com community sites;
c. associations or other groups representing charities, including charity giving sites,
d. online directory distributors;
e. internet portals;
f. accounting, law and consulting firms whose primary clients are businesses; and
g. educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content
in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to firstname.lastname@example.org
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
1. By use of our corporate name; or
2. By use of the uniform resource locator (Web address) being linked to; or
3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of HAVILAND’s logo or other artwork will be allowed for linking absent a trademark license agreement.
ARTICLE 12 – IFRAMES
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
ARTICLE 13 – RESERVATION OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
ARTICLE 14 – REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
ARTICLE 15 – CONTENT LIABILITY
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as
libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
ARTICLE 16 – DISCLAIMER
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.