General terms and conditions of sale

GOLF HERRIA
S.A.S with a capital of 9,000 euros
Head office 76 impasse d'IPARLA 64990 MOUGUERRE  

E-mail address: c
[email protected] RCS de BAYONNE n°835392085  

Intracommunity VAT number: FR 71 835 392 085

General terms and conditions of sale of products sold on www.golf-herria.com

 

Date of last update 13/03/2019

Article 1 - Purpose

The present conditions govern the sales by the company GOLF-HERRIA, located at 76 impasse IPARLA 64990 MOUGUERRE, of golf putters mainly made to measure, but also of articles and accessories intended for the practice of golf on the website. www.golf-herria.com

Article 2 - Price-Payment-Reservation of title

The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs. 

In the event of an order to a country other than metropolitan France, the customer is the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the competence of the company GOLF-HERRIA. They will be at the customer's expense and are the customer's sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to find out about these aspects from your local authorities. 

All orders, whatever their origin, are payable in euros.  

The fact of validating your order implies for you the obligation to pay the price indicated.  

The company GOLF-HERRIA reserves the right to change its prices at any time, but the product will be charged on the basis of the rate in force at the time of order validation and subject to availability. 

Attention: as soon as the customer takes physical possession of the products ordered, the risks of loss or damage to the products are transferred to him. 

The customer makes his payment by credit card, Paypal, or bank transfer. Credit card payments are made through secure transactions.

For credit card payments, www.golf-herria.com does not have access to any of the Customer's payment data. Payment is made directly between the customer and the bank.

In the case of payment by bank transfer, the delivery periods only begin to run from the date of receipt of payment by www.golf-herria.com.

www.golf-herria.com reserves the right to ask the Customer for any supporting documents that may ensure the smooth running of the transaction, even if it has already been paid for in whole or in part. Upon receipt of the requested documents, (identity card, passport, proof of residence), www.golf-herria.com will process the order or proceed to its cancellation by refunding the customer to the same payment medium.

www.golf-herria.com provides its customers with an electronic invoice corresponding to each payment. The Customer already agrees to receive invoices electronically.

The articles sold remain the property of www.golf-herria.com to’to the full payment of their price, in accordance with this retention of title clause.

 

Article 3 - Orders

In order to place an order, the Internet Users will be able to select one or more Products and add them to the basket. The availability of the Products is indicated on the Site. Each article has a description sheet. The customer can access his basket at any time by clicking on the button provided for this purpose.

Contractual information is presented in French and will be confirmed at the latest when the order is validated.  

www.golf-herria.com reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.

Article 4 - Validation of your order

By consulting their shopping cart, Internet users will be able to check the number and nature of the items selected. They will be able to check their unit price, as well as their overall price. They will be able to remove one or more items from their shopping cart. Then, they will take note and will have the possibility to accept the present general conditions of sale by ticking the corresponding box. Finally, the customer is invited to validate his order by clicking on the "Confirm my order" button. This last click forms the definitive conclusion of the contract.

All the data provided and the recorded confirmation will serve as proof of the transaction. 

The customer declares that he is fully aware of this.  

The confirmation of order will be worth signature and acceptance of the operations carried out.  

A summary of the information of the order and of the present General Terms and Conditions may be communicated in PDF format via the order confirmation e-mail address.

 

Article 5 - Withdrawal

In accordance with the provisions of Article L.121-21 of the Consumer Code, the customer has a withdrawal period of 14 days from receipt of your products to exercise his right of withdrawal without having to justify a reason or pay a penalty.  

Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, the customer's responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal. 

The return costs are to be paid by the customer. 

In case of exercise of the right of withdrawal, the company GOLF HERRIA will refund the sums paid, within 14 days of notification of the request and via the same means of payment as that used when the order was placed. 

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to :  

  • The provision of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement of the customer and express renunciation of his right of withdrawal.
  • The supply of goods or services whose price depends on fluctuations on the financial market which are beyond the trader's control and which may occur during the withdrawal period.
  • The supply of goods made to the consumer's specifications or clearly personalised.
  • The supply of goods that are likely to deteriorate or expire rapidly.
  • The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
  • The supply of goods which, having been delivered and by their nature, are inseparably mixed with other items ;
  • The supply of alcoholic beverages whose delivery is delayed beyond 30 days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the trader's control.
  • The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
  • The supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications.
  • Transactions concluded at a public auction.
  • The supply of digital content not supplied on a physical medium, the performance of which has begun after the consumer's prior express agreement and express waiver of his right of withdrawal.

Article 6- Availability

The products offered are those listed on the www.golf-herria.com website, while stocks last. The company GOLF HERRIA reserves the right to change the product range at any time. Each product is presented on the site www.golf-herria.com in the form of a description of its main technical characteristics. The photographs are as faithful as possible but do not commit the Seller. The sale of the products presented on the site www.golf-herria.com is intended for all purchasers residing in countries that fully allow the entry of these products into their territory.
In case of unavailability of product after placing the order, the customer is informed by mail as soon as possible. The order will be automatically cancelled and no bank debit will be made.

Article 7 - Delivery

Article 7-1 Delivery charges

The delivery or provision costs will be indicated to the Customer before any payment and will only concern deliveries made in metropolitan France, including Corsica. For any other place of delivery, it is up to the Customer to contact our customer service.

The delivery charges indicated on the site are in euros, all taxes included.

 Article 7-2 Delivery time

Orders are delivered by our carrier within 30 working days from the perfect collection of the price by the company GOLF-HERRIA.

Certain products manufactured according to particular specifications or certain order volumes may nevertheless justify a delivery time of more than 30 working days. This will be expressly brought to the Customer's attention when the order is validated.

The products are delivered to the delivery address indicated during the ordering process, within the period indicated on the order validation page. 

In the event of a delay in shipment, an e-mail will be sent to you to inform you of a possible consequence on the delivery time that has been indicated to you.  

The company GOLF-HERRIA can not be held responsible for late delivery due exclusively to the unavailability of the customer after several proposals for appointments. 

 

Article 8 - Damage 

All GOLF-HERRIA products are delivered by the carrier "in person". It is up to the recipient of the order to ensure the good condition of the product in the presence of the carrier. In the event of delivery of a package that is manifestly and visibly deteriorated, it is up to the Customer to refuse it in order to have recourse to the guarantee offered by the carrier. The Customer must also inform the seller without delay. A new package will be sent to him upon receipt of the damaged package. In such a case, the delivery times indicated above in these general terms and conditions will no longer apply.

Any subsequent claim cannot be taken into account.

Article 9 - Warranty

All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided by articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it may be returned, exchanged or refunded.  

All claims, requests for exchange or refund must be made by registered mail with AR within 30 days of the effective date of delivery.  

The products must be returned to us in the condition in which the customer received them with all the elements (accessories, packaging). Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts. 

The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6. 

Article 10 - Liability

The products offered are in conformity with the French legislation in force. The responsibility of the company GOLF-HERRIA could not be engaged in case of non-respect of the legislation of the country where the product is delivered. It is up to the customer to check with the local authorities the possibilities of importing or using the products or services he plans to order. 

The company GOLF-HERRIA offers for sale on its website wwwgolf-herria.com golf putters built to measure for the customer according to the GH FITNET method. The customer must communicate a number of measures for the realization of his putter. The responsibility of the company GOLF-HERRIA can not be sought in the event that the customer communicates incorrect data.

Furthermore, the company GOLF-HERRIA cannot be held responsible for damages resulting from improper use of the product purchased. 

The company GOLF-HERRIA specifies that its putters have been declared compliant with the rules of GOLF by the ROYAL & ANCIENT in St Andrews Scotland.

 

 

 

 

11.1 Force majeure - Customer's fault

www.golf-herria.com shall not be held liable in case of force majeure or fault of the Customer, as defined in this article :

 11-1.1 Force majeure

Within the meaning of these general terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of the transmission networks, collapse of the installations will be considered as a case of force majeure enforceable against the Customer, the illicit or fraudulent use of passwords, codes or references provided to the Customer, hacking, a security breach attributable to the Site host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of www.golf-herria.com. Under the circumstances, www.golf-herria.com shall be excused from the performance of its obligations to the extent of such impediment, limitation or disturbance.

 11-2.2 Customer's fault

Within the meaning of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Client or its employees, failure to comply with the advice given by the Client, will be considered as a fault of the Client that can be invoked against the latter. www.golf-herria.comThe Customer shall not be liable for any unlawful disclosure or use of the Customer's password, codes and references, as well as the provision of incorrect information or the failure to update such information in his personal space. Will also be considered as a fault of the Customer the implementation of any technical process, such as robots, or automatic requests, whose implementation would contravene the letter or spirit of these general conditions of sale.

 12.3 Technical problems

In the event of impossibility of access to the Site, due to technical problems of any kind, the Client may not claim any damages and may not claim any compensation. The unavailability of one or more online services, even if prolonged and without any time limit, may not constitute a prejudice to the Customers and may not give rise to any damages from the Customer. www.golf-herria.com.

In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colours or shapes, may vary significantly from one computer workstation to another or differ from reality depending on the quality of the graphic accessories and the screen or on the resolution of the display. These variations and differences can in no way be attributed to www.golf-herria.com which can in no way be held liable for this fact.

 12.4 Damages to be paid by GOLF-HERRIA.com

In the absence of legal or regulatory provisions to the contrary, the liability of www.golf-herria.com is limited to the direct, personal and certain prejudice suffered by the Customer and linked to the failure in question. www.golf-herria.com shall in no event be liable for indirect damages such as, in particular, loss of data, commercial prejudice, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. Likewise and within the same limits, the amount of damages to be paid by www.golf-herria.com shall in any event not exceed the price of the Product ordered.

12.5 Liability as a Hosting Company

The responsibility of the company GOLF-HERRIA could not be engaged for all the inconveniences or damages inherent to the use of the Internet network, in particular a rupture of service, an external intrusion or the presence of computer viruses. 

Article 12 - Applicable law in the event of disputes

The language of this contract is the French language. The present conditions of sale are subject to French law. In the event of a dispute, the courts of BAYONNE, the company's registered office, shall have sole jurisdiction. 

Article 13 - Intellectual property

All the elements of the site www.golf-herria.com are and remain the intellectual and exclusive property of the company GOLF-HERRIA. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any simple link or hypertext link is strictly prohibited without the express written consent of the company GOLF-HERRIA.  

 

Article 14 - Personal data

The company GOLF-HERRIA reserves the right to collect nominative information and personal data concerning the customer. They are necessary for the management of orders, as well as to improve the services and information we offer.  

They may also be transmitted to the companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, delivery, processing and payment.  

This information and data is also kept for security purposes, in order to comply with the legal and regulatory obligations of the General Data Protection Regulations of 25 May 2018, details of which can be found in our "LEGAL INFORMATION" section.

In accordance with the law of 6 January 1978, the customer has the right to access, rectify and oppose personal information and personal data concerning him/her, directly on the website. 

Any request for modification or correction should be sent by e-mail to [email protected] or by mail at GOLF-HERRIA 76, impasse d'Iparla 64990 MOUGUERRE

Article 14 - Archiving Evidence

The company GOLF-HERRIA will archive the purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.  

The registers and computerized archives of the company GOLF-HERRIA will already be considered by the parties concerned as proof of exchanges, orders, payments and other transactions concluded between the parties. 

 Article 15 - Contact

If the buyer wishes to contact the company GOLF HERRIA, he can do it either by mail at the following address: GOLF HERRIA 76 Impasse d'IPARLA 64990 MOUGUERRE; or by email at the following address: [email protected]