GENERAL CONDITIONS OF SALE

Any online purchase made on the website www.husbands-paris-archives.com is subject to prior knowledge and acceptance of these terms and conditions of sale.

Our general conditions of sale can be downloaded here.

Date of last modification : 20/04/2024

1. DEFINITION
Article: Products of any kind offered for sale (e-commerce service) on the Site.
Customer: natural person who is not a trader making the Order, and who has full legal capacity.
Order: Commitment to purchase all of the Articles selected by the Customer via the Site's e-commerce service.
Site: website published by Husbands and accessible at https://www.husbands-paris-archives.com.

2. PREAMBLE
The present general conditions of sale (hereafter "GCS") apply exclusively between any Customer and the company NICK GAB AND SONS (hereafter "Husbands") whose registered office is located at 57 rue de Richelieu 75002 PARIS registered with the Paris Trade and Companies Register under number 531979474.

You can reach one of our Husbands advisors by contacting us via the contact form on the Site.

The Terms and Conditions of Sale are applicable without restriction or reservation to all Articles offered for sale on the Site.

Any order on the Site is subject to the Customer's prior consultation and acceptance, without reservation, of these Terms and Conditions of Sale and the applicable prices.

The Customer's "click" on the "I accept" button accessible on the page dedicated to the validation of the order constitutes acceptance.

These GCS take precedence over any other document.

3. WARNING
The sale of Items on the Site is exclusively reserved for retail and private sale.

Under no circumstances may the Site be used by professional seller Customers, alone or in groups, and this regardless of the marketing method of their products (internet market places, shopping galleries, intermediaries, physical stores in particular). The Customer therefore acknowledges and accepts that the Items can only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of Items ordered in a single order and the number of individual Orders respecting the usual quantity of an average consumer placed for the same product. Husbands reserves the right to refuse an order clearly validated by a Professional Seller Customer.

Any Customer declares to be aware of the lack of reliability of the Internet network, especially in terms of relative security in data transmission, the lack of guaranteed continuity of access to the Site, the lack of guaranteed performance in terms of volume and speed of data transmission and the spread of viruses.

Husbands warns each Customer of the need to implement a solution and security measures in his computer or portable or mobile equipment to prevent the spread of viruses.

4. CHARACTERISTICS OF THE ARTICLES
The Items available for sale are those listed on the Site. Offers are valid as long as they are visible on the Site.

They are proposed within the limit of the availability displayed on the Site.

Husbands reserves the right to withdraw from sale, at any time, any Items present on the Site and/or to replace or modify any information associated with the Items appearing on the Site.

In the event of unavailability of an Item after placing an Order, Husbands informs the Customer by email, his order being then automatically cancelled or may be withdrawn.

The Articles on sale on this site, are available for delivery worldwide.

The characteristics of the Items sold on the Site (photographs, graphics and descriptions of the Items, etc ...) are given as an indication and may vary over time. Only the visual of the Item displayed at the time of the Order must be taken into account by the Customer. Descriptions and visuals are not contractual.

5. ORDERING ITEMS
Any Order implies an obligation of payment.

The Customer declares that he/she is at least 18 years old and has the legal capacity, or if he/she is a minor, guarantees that he/she has parental authorization to place the Order.

To place an Order, the Customer must follow the online purchase process and click on "Order" to submit the Order.

Payment of the Order constitutes acceptance of these Terms and Conditions, the price of the Items and the contents of the Order.

Once payment has been validated, Husbands will send the Customer an e-mail confirming the Order.

All Orders are subject to the prior acceptance of Husbands and are only definitively confirmed after the Customer has received an e-mail confirming the dispatch of the Goods.

Any Order may be refunded if it is found that the conditions under which it was placed were not in accordance with these GTC.

If the Customer does not receive an email following his/her Order, it is the Customer's responsibility to contact Husbands Customer Support in accordance with the terms and conditions described in Article 12 of these GTC.

Husbands shall in no way be held responsible for any typing errors made by the Customer in the Sales Order or in the transmission of any typing errors attributable to the Customer that prevent the delivery of the confirmation e-mail and/or the Sales Order.

The Customer is recommended to print out the Sales Order confirmation e-mail.

For any question relating to the follow-up of an Order, the Customer must consult his or her Customer account on the Site or contact customer support as described in article 13 of the present General Terms and Conditions of Sale.

6. PRICE OF THE ARTICLES
The prices are indicated on the Site in euros, all taxes included (TTC) only for metropolitan France and European countries, excluding participation in shipping costs. They take into account the VAT and any reductions applicable on the day of the Order.

For the rest of the world the custom duty taxes are excluded in the product price.

Any new taxes or contributions, in particular environmental taxes, are likely to be passed on in rise or fall on the selling price of the Articles.

The prices of the Products are exclusive of delivery costs (postage, packaging and packing of the package according to the amounts in force).

The amount of the shipping costs is specified on the Site before validation of the Order.

Husbands reserves the right to modify the prices of the Items at any time, the Items being invoiced on the basis of the prices in force at the time of the validation of each Order.

The price of the Items invoiced is the price indicated at the time of the Order.

7. TERMS OF DELIVERY
The Customer will receive by e-mail an Order number confirming that it has been properly taken care of. The Customer will be informed of the various stages of his Order by email.

Shipments are announced by e-mail to the Customer at the e-mail address provided by the Customer in his Customer account.

The Customer is offered several delivery methods :

Pick-up at husbands store - no charges
Standard home delivery - charges applicable
Express-saver home delivery - charges applicable

In case the Customer chooses a home delivery :

Thanks to the shipping number, the Customer can follow the path of his package on the carrier's website.
The Customer is informed that it is his responsibility to provide exactly all the details necessary for the proper routing of his Order and perfect delivery (access code, access specification for example).
If the Customer is absent at the time of delivery, a calling card informs the Customer of the terms and conditions of the conservation of his package and its availability, under the full and exclusive responsibility of the carrier.
A delivery note is included in the package, summarizing the Items ordered and actually delivered.
The Customer assumes entirely and exclusively the risks of loss or damage of the items from the moment of their delivery.
Husbands also offers the Customer the possibility to choose a free delivery in the store: « Pick-up »

To withdraw his order, the Customer must present himself at the opening hours of the Husbands store (11am - 7pm) for delivery and provide proof of identity as well as the email confirming his order or the email making his order available.
He has 14 calendar days from receipt of his order to go to the store and collect his Order.
Beyond 14 calendar days, the Order will be automatically cancelled: the Customer will be informed by e-mail of the cancellation of this Order.
The Customer fully and exclusively assumes all risks of loss or damage to the Products from the moment they are picked up in the boutique.

8. DELIVERY TIME
The Articles are delivered to the delivery address indicated by the Customer at the time of the Order.

Husbands undertakes that the delivery will be made within a maximum of 14 (fourteen) calendar days from the Order.

In the case of a delivery in the « Pick-up » at store, Husbands commits to the immediate availability of the product as of the date of the Order.

In the event of a delay in delivery in relation to the aforementioned maximum time limit, the Customer may contact support to request that the delivery be made within a reasonable additional time period. In the event of failure to comply with this new deadline, the Customer may, by e-mail or letter, cancel the contract and obtain a refund of the Order.

Each delivery is deemed to have been made as soon as the package is made available to the Customer, in particular by the carrier, as evidenced by the control system used by the carrier.

9. TERMS OF RETURN

knowing that this is an archive sale at a friendly price and that the products themselves are particular in their own way, returns, refunds, or reimbursements are not possible on any pieces. Please kindly read the product descriptions to learn more about each piece.

the entire Husbands team remains fully available to answer any questions through our contact page.

to process an exchange, the client must first contact our customer support
the client can exchange his article for the same article in a different size if available or for an article of the same price or higher price
the client cannot exchange with an article at lower price than the actual article the client must first return the product
once the item is recovered (under the conditions of returns), we ship the exchanged item
the exchange costs (return costs + second shipment costs) are charged to the client by default as a standard shipment
we only accept one exchange

10. CUSTOMER SERVICE
For any information or question, for an order follow-up, or to enforce the warranty, the Customer must contact customer service by email by filling out the contact form located on the contact page of the Site.

11. WARRANTIES
The Articles are guaranteed against defects of conformity and redhibitory defects under the conditions provided for in Articles 1641 to 1649 of the Civil Code and L 2171 et seq. of the Consumer Code, and this from the time of delivery.

Warranty for hidden defects
Article 1641 of the Civil Code: the seller is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1643 of the Civil Code: the seller is liable for hidden defects, even if he would not have known about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644 of the Civil Code: in the case of articles 1641 and 1643, the buyer has the choice of returning the item and receiving the price back, or keeping the item and receiving part of the price back.
Article 1646: if the seller was unaware of the defects of the thing, he will only be bound to return the price, and to reimburse the buyer for the costs incurred by the sale.
Article 1648 paragraph 1 of the Civil Code: the action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

Legal guarantee of conformity
Article L 217-4 of the Consumer Code: the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was charged to him by the contract or was carried out under his responsibility.
Article L 217-5 of the Consumer Code: The goods are in conformity with the contract.
1/ If it is fit for the use usually expected of a similar good and, where appropriate :

If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
If it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; and

2/ Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.

Article L. 217-7 paragraph 1 of the Consumer Code: Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
Article L. 217-9 of the French Consumer Code: In the event of a lack of conformity, the purchaser chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible to do so, according to the method not chosen by the buyer.
Article L 217-10 of the Consumer Code: If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded. The same faculty is open to him:
1/ If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint ;

2/ Or if this solution cannot be implemented without major inconvenience for the purchaser, given the nature of the goods and the use that he is seeking.

However, the sale may not be rescinded if the lack of conformity is minor.
Article L 217-11 of the Consumer Code: the application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the allocation of damages.
Article L 217-12 of the Consumer Code: the action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
The Customer may contact Husbands via the Site's contact form to collect any information relating to the exercise of these guarantees. In accordance with Article 23 of these Terms and Conditions of Sale, the Customer will first contact Husbands to seek an amicable solution when the Customer intends to invoke one of the aforementioned guarantees.
This guarantee allows the Customer to return defective or non-compliant delivered Items for reimbursement under the above-mentioned conditions.

12. CONVENTION ON EVIDENCE
The Customer acknowledges and accepts that the Order recording systems are proof of all transactions between Husbands and the Customer.

The Customer acknowledges and accepts that proof of acceptance of these Terms and Conditions of Sale (and their possible updates) is characterized by ticking the mention « I accept » on the order validation page for each order.

To this end, the Customer acknowledges and agrees that the computerized data stored in Husbands' computer servers in reasonable conditions of security and integrity, are considered, in an irrefutable manner, as proof of acceptance of the terms of the GCS and proof of all transactions between Husbands and the Customer.

Consequently, except in the event of manifest error by Husbands proven by the Customer, the Customer will not be able to contest the admissibility, validity or probative force of the GTC and the content of the Order, on the basis of any legal provision whatsoever which would specify that certain documents must be written or signed to constitute proof.

Thus, such items constitute evidence and, if produced as evidence by Husbands in any litigation or other proceedings, shall be admissible, valid and enforceable in the same manner, under the same conditions and with the same probative force as any document drawn up, received or retained in writing.

At any time, the Customer has the right to print, download, and retain on paper and electronic media a copy of the Terms and Conditions of Sale.

13. RESPONSIBILITY
Husbands reserves the right to change the information contained in this Site at any time without notice.

Husbands undertakes to describe with the utmost accuracy the Items sold on the Site and to ensure in the best possible conditions the updating of the information published on the Site.

The responsibility of Husbands cannot be retained in the event of failure to meet one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the jurisprudence of the French courts. Force majeure is an external, unforeseeable and irresistible event.

In particular, Husbands will not be held responsible for any failure or delay in the execution of Orders caused by events beyond its control ("Force Majeure").

A Force Majeure Event includes any act, event, failure, omission or accident beyond the control of Husbands and includes but is not limited to (but is not limited to) the following:

1. Strikes, closures or other industrial actions.

2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat or preparation for war.

3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

4. Inability to use rail, boat, aircraft, road or other private or public transportation.

5. Inability to use public and private telecommunications networks.

6. Acts, decrees, legislation, regulations or restrictions of any government.

7. Strike, failure or accidents in shipping, postal or other transportation.

The execution of the GTC will be suspended as long as the Force Majeure Event lasts and the execution and delivery times will be extended accordingly. Husbands will endeavour to find a solution enabling it to perform its contractual obligations despite the Force Majeure.

14. LICENSE
Husbands grants the Customer a license limited to personal use of the Site, excluding any professional or commercial use of the Site.

This Site or any portion of this Site may not be reproduced, copied, sold, downloaded, modified or otherwise exploited for commercial or professional purposes without the prior, written and express permission of Husbands.

The Customer must not use techniques that would permit the copying of any trademark, logo or other information (including images, text, artwork) owned by Husbands without the prior express written consent of Husbands.

Husbands authorizes the Customer, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the Site on the condition that this link cannot harm the interests of Husbands.

In no event will the creation of this hypertext link engage the responsibility of Husbands, for any reason whatsoever.

15. PROTECTION OF PERSONAL DATA
The Customer is informed and agrees that his personal data may be collected on the Site and used by Husbands, which acts as data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter "General Data Protection Regulation" or "GDPR").

Husbands undertakes to protect and ensure the security and confidentiality of its Customers' personal data in accordance with the DPSR, in particular by taking all necessary precautions to prevent such data from being distorted, damaged or accessed by unauthorized third parties.

In particular, Customers' personal data may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the GDSR, intervene and contribute directly to the management of the Orders and for whom it is absolutely necessary to access the personal data provided by the Customer when creating and using his Account (first name, surname, gender, billing and delivery postal addresses, position within the company, email address, cell phone number, password for connection to the Customer's Account). Subcontractors may only act on instructions from Husbands.

The personal data of Customers is collected for the following purposes:

management of Orders and Customer relations;
informing Customers about offers and commercial information related to the brand;
strengthening and improving the communication of the Website and the brand by sending, in particular, newsletters and special offers according to the Customer's preferences noted on the Website;
improving and personalizing the services offered to Customers; and
compliance with legal and regulatory obligations.
The Customer's personal data is kept only for the time strictly necessary for the purposes previously stated.

In accordance with the RGPD, the Customer has the right to access, rectify and oppose personal data concerning him/her (hereinafter the "Data Protection Rights").

To exercise one or more of the Rights and Freedoms, the Customer must send a request by email or by mail to Husbands Customer Service, by filling out the contact form located on the site or by writing to the following address indicating his name, first name, email address and customer references: Husbands Customer Service, 57 rue de Richelieu 75002 Paris FRANCE.

Each request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specify the reply address.

The response to the request made on the basis of one or more Computer Rights and Freedoms will be sent within 2 months following receipt of the request.

The Customer may communicate to Husbands specific instructions in which he or she defines the manner in which he or she intends to exercise, after his or her death, his or her Computer Rights and Freedoms in accordance with the RGPD.

16. COMMERCIAL OFFERS AND NEWSLETTERS
Husbands is likely to send to Customers information relating to the brand's Articles and commercial offers by mail, email or via all web spaces animated by Husbands on social networks, subject to prior acceptance.

The Customer has at any time the right to oppose at no cost to these commercial prospecting mailings, by clicking on the "unsubscribe" link included in each email or, by making the request to the store, via his internet account, by mail.

17. COOKIES
This "COOKIES" section allows you to find out more about the origin and use of navigational information processed when you consult our Site and about the rights of users.

Thus, when consulting the HUSBANDS Site, information relating to browsing may be recorded in "Cookies" files installed on the user's terminal (computer, tablet, smartphone, etc.).

HUSBANDS issues these cookies in order to facilitate user navigation on the Site. They may also be issued by the brand's partners in order to personalise the advertising offer addressed outside the Site.

Cookies may be included in different areas of the Site. These spaces may display on the user's terminal advertising content from advertisers.

Only the issuer of a cookie is likely to read or modify information contained therein.

The reading or deposit of certain cookies may require the prior consent of the user. In this case, the user, after having been duly informed via the information in the banner dedicated to cookies and the information in these general terms and conditions of sale, manifests his consent by continuing his visit to the Site.

Cookies have a limited lifespan of 13 months after their first deposit in the user's terminal equipment.

Cookies issued by HUSBANDS
The cookies that Husbands installs on the User's terminal, allow the recognition of the browser used to connect to the Site.

Husbands issues cookies for the following purposes:

- To establish statistics of visits (number of visits, pages viewed, abandonment in the ordering process, . . .) in order to monitor and improve the quality of its services:

- To adapt the presentation of its Site to the display preferences of the terminal:

- Store information entered in forms, manage and secure access to reserved and personal areas such as the customer's account and shopping cart:

- Provide the user with content, including advertising, related to the user's areas of interest and to personalize offers.

Third party cookies
When the user accesses the Husbands Site, one or more cookies from partner companies ("third-party cookies") may be placed on the computer via the pages of our Site or via content displayed in advertising spaces.

Cookies placed on the Husbands Site by service providers that Husbands uses to promote its activities and offers, have the following purpose:

To identify the products viewed or purchased on the Site in order to customize the advertising offer addressed:
To send, if the user has authorized it when registering with these providers, offers of the brand by email.
The cookies contained in the Site's advertising spaces are intended to enable the establishment of statistics on the advertisements displayed (number of displays, advertisements displayed, number of users who clicked on each advertisement, etc.).

The issue and use of cookies by third parties are subject to the privacy protection policies of these third parties. Husbands has no access to or control over third party cookies and acts as a subcontractor within the meaning of Article 35 of the French Data Protection Act. However, Husbands ensures that the partner companies process the information collected on the husbands-paris.com Site exclusively for the needs of Husbands and in compliance with the "Informatique et Libertés" law.

The user can refuse third party cookies by an appropriate setting of his browser.

User choices regarding cookies
Several possibilities are offered to the user to manage cookies. Any setting will be likely to modify his or her Internet browsing and access conditions to certain services requiring the use of Cookies.

The user can configure his browser software so that cookies are recorded in his terminal or, on the contrary, that they are rejected, either systematically or according to their issuer.

The user can also configure his browser software so that the acceptance or rejection of cookies is offered to him from time to time, before a cookie is likely to be recorded in his terminal.

Elements of configuration of the main browsers:
The user may at any time choose to block or deactivate these cookies by setting the Internet browser of his computer, tablet or mobile, in accordance with the instructions established by his Internet browser provider and appearing on the websites mentioned below.

For more information, the user may also consult the CNIL website and in particular the page: https://www.cnil.fr/fr/recommandation-sur-les-cookies-quelles-obligations-pour-les-responsables-de-sites-quels-conseils.

On Mozilla Firefox :
Open the "Tools" menu, then select "Options" ; click on the "Privacy" tab and choose the desired options or follow this link: http://support.mozilla.org/fr/kb/activer-desactiver-cookies

On Microsoft Internet Explorer :
Open the "Tools" menu, then select "Internet Options"; click on the "Privacy" tab then the "Advanced" tab, choose the desired level or follow the following link: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies

On Safari :
Choose "Safari > Preferences" then click on "Security"; In the "Accept Cookies" section choose the desired options or follow this link: http://support.apple.com/kb/index?page=search&fac=all&q=cookies%20safari

On Google Chrome :
Open the configuration menu (wrench logo), then select "Options"; click on "Advanced Options" then in the "Privacy" section, click on "Content Settings", and choose the desired options or follow the following link: https://support.google.com/chrome/answer/95647?hl=fr.

On iOs :
http://support.apple.com/kb/HT1677?viewlocale=fr_FR

The user can also type "cookies" in the "help" section of their browser to access the setting instructions.

Husbands is not responsible in any way for the content or operation of any of the social networks, including those that may be linked to the Site.

18. INTELLECTUAL PROPERTY, DOMAIN NAME AND WEBSITE
Husbands is the exclusive owner of the intellectual property rights to the following, but this list is not exhaustive:

On the Items offered on the Site;
On the Site, and in particular on its tree structure, on the organization and the titles of its sections, on the visual and graphic identity, on its design, on its ergonomics, its functionalities, on the software, texts, animated or fixed images, sounds, know-how, drawings, graphics and any other element composing the Site;
On the databases, their structure and contents, designed and managed by Husbands for the purposes of publishing the Site;
On all elements of the Site's design, whether graphic or technical;
On the names, acronyms, logos, colors, graphics, or other signs that may be used, created or implemented by Husbands.
It is consequently forbidden to reproduce in any form whatsoever, directly or indirectly, the elements referred to in this article, as well as to alter the trademarks, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available within the Site.

As such, the reproduction or use of all or part of these elements is only authorized for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.

19. MODIFICATION OF THE GVC'S
In view of possible changes to the Site and regulations, Husbands reserves the right to modify the Terms and Conditions of Sale at any time.

Only the GTC in force at the time of acceptance of the contract will be enforceable against the customer.

The new Terms and Conditions of Sale will, if necessary, be brought to the attention of the Customer by modification of the dedicated page of the Site. The Customer will then be invited to expressly consent to the new version of the GCS by "clicking" on the "I accept" button for each new order.

The latest version of the Terms and Conditions of Sale can be downloaded from the dedicated page of the Site and according to the terms and conditions indicated in the Preamble.

20. APPLICABLE LAW, MEDIATION, LITIGATION
These GTC are subject to French law.

In the event of a dispute, the Customer will first contact Husbands to seek an amicable solution by contacting customer support.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Husbands adheres to the Service of the Mediator of e-commerce of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie - 75008 Paris - http://www.mediateurfevad.fr.

After prior written approach of the Customer towards Husbands, the Service of the Mediator can be seized for any dispute of consumption whose payment would not have succeeded.

In addition, the European Commission has set up an online dispute resolution platform. The platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR

Any dispute will be subject to the exclusive jurisdiction of the French courts of the Customer's place of residence, in the absence of an amicable agreement between the Customer and Husbands.

HUSBANDS-PARIS