General Terms and Conditions of Sale

Updates 30/01/2024

Online sale of products from the brand "HIRCUS" by the company HIRCUS SAS.

These general terms and conditions of sale apply between:

The company HIRCUS SAS with a capital of 410,280 euros, with its registered office at 34 rue de la Victoire 75009 Paris, FRANCE, registered in France with the RCS of Paris under number 801 337 452, NAF code 4771Z, VAT number FR 64 801337452, publisher of the website www.hircus.fr

hereinafter referred to as "HIRCUS"

And :

Any person making a purchase on the website www.hircus.fr

Hereinafter referred to as "the Client".

The Client declares that they have the capacity to enter into this contract, meaning they have reached the legal age of majority and are not under guardianship.

The Client's order implies their irrevocable adherence to these general terms and conditions of sale.

These general terms and conditions of sale are only available in French.

The sales contract is subject to French law.

The Client guarantees the accuracy of the information provided on the website.

Purchases made on the website are intended for the Client's personal use or as gifts, and may not be used for resale.

The general terms and conditions of sale are accessible at any time on the website and will prevail, if necessary, over any other version or conflicting document.

The general terms and conditions of sale applicable to an order are those in force on the day of the order confirmation by the Client.

1. Validity of offers

The offers are only intended for consumers with a delivery address in countries where HIRCUS provides delivery through a transport provider.

The products presented on the site are valid within the limits of available stocks. In case of debit or collection for the order of an unavailable item, HIRCUS undertakes to refund the Customer within 30 days. HIRCUS undertakes to notify by email the Customer who has ordered an unavailable item.

2. Presentation of products

The Products are all goods offered for sale by HIRCUS on the Website.

The products offered for sale are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, HIRCUS cannot be held responsible.

The photos representing our products are for indicative purposes only. These photos, as well as the texts illustrating the products, are not part of the contractual scope.

HIRCUS may, due to its suppliers, deliver to the Customer an item with a slightly different composition than described but in any case of equal or superior quality to the ordered item.

HIRCUS makes its best efforts to ensure that the photographic representation of the Products on the Website is as faithful as possible to the Products themselves. However, given the digital presentation of the Products on the Internet, it is possible that the Buyer's perception of the photographic representation of the Products may not exactly correspond to the Products themselves. The greatest diligence is taken in presenting the Products on the Website to meet the requirements of Article L.111-1 of the Consumer Code.

3. Prices

The prices displayed on the website or online store are final. They are indicated in Euros (€) and governed by French law. They are inclusive of all taxes (including VAT).

They are guaranteed subject to typographical or printing errors.

These prices do not include a flat fee for shipping and packaging, which is the responsibility of the customer, unless in the case of a temporary or permanent promotional offer.

The prices indicated on the website do not include delivery charges. The delivery charges for DHL delivery outside of mainland France are indicated inclusive of all taxes when placing the order. These delivery charges are added to the indicated prices of the products. Before finalizing the order, the customer is informed of the total price to be paid. Delivery charges vary depending on the destination for DHL delivery within the European Union and outside of the European Union.

Prices may be changed at any time, without notice, especially in the event of changes in tax or economic data. Items will be invoiced based on the rates in effect at the time of order registration.

In the case of delivery outside of the European Union, all taxes (VAT, customs fees, etc.) and fees related to importation into the customer's destination country are the responsibility of the customer.

4. Payment terms

Products or services must be paid for in Euros (€). Any bank charges incurred by the payment, regardless of the method, will be borne by the Customer.

The goods delivered remain the property of HIRCUS until payment is received. The transfer of risks occurs upon delivery of the goods.

The accepted means of payment are Credit Card (Carte Bleue / VISA / MASTER CARD) and payment via PayPal.

Hircus also offers a payment method by credit card in 3 installments at no extra cost for purchases over €200 with our partner ALMA. By paying for your order in installments with ALMA, you accept Alma's general customer terms and conditions as well as Alma's specific conditions for Hircus customers.

The full price, including shipping costs, will be debited from the Buyer's credit card or PayPal account at the time of dispatch of the ordered products.

The Customer guarantees that they are fully authorized to use the credit card or PayPal account for payment of their Order and that this means of payment provides access to sufficient funds to cover all costs of their order.

If the card issuer refuses to authorize the payment, or if the PayPal account is not sufficiently funded, the order will not be validated and the goods will not be delivered. In this case, HIRCUS will send an email to the Buyer to inform them of the refusal.

Credit card transactions are secured by the Payplug - Natixis secure payment system.

All information that Customers provide to HIRCUS is strictly protected and ensures the compliance and security of each transaction.

In the event of the Customer's non-compliance with the obligations under the General Terms of Sale, and in particular in the case of fraud or any attempt at fraud, and any payment incident of the order price, HIRCUS reserves the right to refuse any order from the Buyer with whom such a dispute exists.

5. Acceptance of the offer

Any order constitutes express and irrevocable acceptance of the prices and descriptions of the products available for sale. The validation of the order by the Customer constitutes acceptance of the general terms and conditions of sale.

6. Invoice

The invoice is sent to the email address provided during the order. It is established in accordance with the current rate on the day of the order. HIRCUS disclaims any responsibility for input errors. The invoice is also available in the customer's account space on www.hircus.fr.

7. Delivery-transport

We deliver products in mainland France, Switzerland, and countries in the European Union.

In France, delivery is charged to the customer as follows:

- Colissimo point relay: below 150 euros: 5 euros / above 150 euros: free
- Colissimo home delivery: 7 euros
- Tracked letter: 4 euros
- Boutique pickup: free
- Chrono relay: 8 euros
- Chronopost home delivery: 15 euros
- Courier (in Paris only): 10 euros

Deliveries outside metropolitan France incur charges.

Orders placed before 8am (GMT+1) from Monday to Friday are shipped the same day (except holidays). Orders placed after 8am are shipped the next business day.

This timeframe is indicative and subject to actual payment receipt.

For embroidered pieces, an additional delivery time of 5 days is to be expected.

Shipments are then handled by a transport provider who ensures transport to the delivery address provided by the customer. The delivery times indicated by the carriers are as follows:

METROPOLITAN FRANCE

- Tracked letter: 48 working hours from the shipment of your order.

- Colissimo my Post Office: 48 working hours from the shipment of your order. You will be notified by SMS of the availability of your package and will have 10 days to pick it up at the chosen Post Office. Beyond this period, your order will be returned to us and the reshipment of your package will be charged at the current rate of a Colissimo home delivery.

- Colissimo my Merchant: 48 working hours from the shipment of your order. You can then have it delivered to the merchant of your choice (Relais Pick-up). Your package will be available for pick-up for 10 working days after delivery. You can also choose to have it delivered to a Pick-up locker and then have 3 working days to pick up your order once it is available. In both options, you will receive an email and an SMS indicating the availability of your package at the chosen delivery location. If you do not pick up your order within the specified timeframe, your order will be returned to us and the reshipment of your package will be charged at the current rate of a Colissimo home delivery.

- Colissimo my Home: 48 working hours from the shipment (Saturday delivery).

- Chronopost Relais Pick up: within 1 working day (order placed before 1pm) from the shipment to the Pick up relay of your choice. You will be informed by SMS of the availability of your package and will have 7 days to pick it up. Beyond this period, your order will be returned to us.

- Hircus express delivery: If you place an order with this delivery method after 4pm on weekdays, your order will be delivered the next day before 6pm. If you place an order during the weekend or after 4pm on Friday, your order will be shipped the following Monday before 6pm.

- DHL: 24 working hours from the shipment (Saturday delivery).

- Pickup at Hircus store: if the ordered product is available in store, pickup can be done immediately after the order is placed. If the product is not available in store at the time of the order, the ordered product(s) will be delivered to the store you have chosen, via Colissimo within 3 to 4 days. Once your order is available in store, you will receive an email indicating that your order is ready for pickup. Your order will also appear as "Ready for pickup in store" in the "My account" then "My orders" section. The order will be handed over during the store's opening hours and upon presentation of an ID.

EUROPE, SWITZERLAND, AND CORSICA:

- DHL or Chronopost Europe at 15€: J+5 from the shipment.

OUTSIDE EUROPE, SWITZERLAND, AND CORSICA:

- DHL at 35€: J+5 from the shipment.

All these timeframes are indicative. Exceeding these timeframes cannot be held against HIRCUS in any case, nor lead to termination of the contract or any compensation for damages. HIRCUS reserves the right to change the carrier for the shipment of an order to an equivalent carrier.

The risks of transport are the responsibility of the Customer from the warehouse exit. The Customer must check the packaging condition and the conformity of the delivered items and immediately report any anomaly to HIRCUS if necessary. Any possible reservations must be noted on the delivery slip presented by the carrier and must be addressed within 48 hours by email to: contact@hircus.fr.

In case of delivery outside the European Union, all taxes (VAT, customs fees, etc.) and import fees in the Customer's destination country are the responsibility of the Customer.

8. Right of withdrawal

You have 14 days from the receipt of your order to request a refund. Once your request is made, you have an additional 14 days to return your order to us free of charge.

The refund will be processed within a maximum of 14 business days from the receipt of your return, credited back to the credit card used for the purchase, following a check of the item's condition and its packaging.

Shipping costs paid in addition to the price of the returned item remain your responsibility. Damaged, incomplete, or soiled products will not be accepted or refunded.

Products must be returned with all tags still attached. For socks, the cardboard tab must not be removed.

Products must be returned in their original, complete condition, without being damaged, washed, or worn outside of fitting; the original packaging and any accessories (tags, tissue paper, tote bag, etc.) must also be returned.

Beyond the 14-day period from delivery, products will not be accepted or refunded. Please note that refunds are not possible for items that have already been exchanged.

METROPOLITAN FRANCE Return shipping is free

To make a return, you can request your return by clicking here or by going to your account under the "Product Returns" section, then provide your order number and either the delivery postal code or your email address.

You will have the option to choose between a store credit (which will give you an additional 5% over the value of the returned item), an exchange, or a refund.

Once your return is created, you will be able to download your return label.

OUTSIDE METROPOLITAN FRANCE Return shipping is at your expense 

To make a return, you can request it by clicking here or by going to your account under the "Product Returns" section, then provide your order number and either the delivery postal code or your email address.

You will have the option to choose between a store credit (which will give you an additional 5% over the value of the returned item), an exchange, or a refund.

Return your items to the following address:

Once your return is created, you can at any time by clicking here or in your account under "Product Returns," download your return label again and/or track the various stages of your return.

Products must be returned in their original and complete condition, without having been damaged, washed, or worn outside of fitting; the original packaging and any accessories (tags, tissue paper, tote bag, etc.) must also be returned.

In both Mainland France and outside Mainland France, if you benefited from a commercial offer giving you a free product at the time of your order:

In the case of a full return: the free product must also be returned with your order. If the product is not returned, its value will be deducted from your refund.

In the case of a partial return: if the free product was offered based on a minimum purchase and your order, after deducting the returned item(s), falls below the minimum purchase, the free product must be returned with your order. If the product is not returned, its value will be deducted from your refund.

Please note that we offer refunds only for purchases made on our website hircus.fr. For any purchase of an item in-store, only exchange or store credit will be offered.

9. Exchange

METROPOLITAN FRANCE Return shipping is free

You have a period of 14 days from the receipt of your order to notify us of your intention to exchange the product(s) and return your order to us free of charge. Once your request is made, you have an additional 14 days to return your order to us.

We offer to exchange your item free of charge, depending on available stock. Once your item is exchanged, the reshipping costs are free as long as you reside in metropolitan France. Beyond one exchange, we still accept returns for exchange, but the costs associated with returning the new order will be the responsibility of the customer.

You can exchange an item for any other product as long as the total amount is less than or equal to the total amount of the products returned. The exchange will be automatically processed after we receive your order, according to the instructions you provided at the time of your exchange request. Once the first exchange is made, any further exchanges will be at the customer's expense (return and reshipping costs). If you wish to exchange your product for a more expensive product, the price difference between the returned product and the exchanged product will be charged to you.

Damaged, incomplete, or soiled products will not be accepted for return or exchange. Products must be returned with all tags still attached. For socks, the cardboard tag must not have been removed.

To initiate a return, you can request a return by clicking here or go to your account, in the "Product Returns" section, and enter the order number as well as the delivery postal code or your email address.

You will have the option to choose between a store credit (which will give you 5% more than the purchase value of the returned item), an exchange, or a refund.

Once your return is created, you can download your return label.

OUTSIDE METROPOLITAN FRANCE Return shipping is at your expense 

You have a period of 14 days from the receipt of your order to notify us of your intention to exchange the product(s) and return your order to us. Returns are at your expense. Once your request is made, you have an additional 14 days to return your order to us.

We offer to exchange your item free of charge, depending on available stock. We decline any responsibility for returns sent without tracking. Once your item is exchanged, the reshipping costs are free as long as you reside in the European Union. If not, the corresponding taxes (cost of an international Colissimo shipment) will be charged to you. Beyond one exchange, we still accept returns for exchange, but the costs associated with returning the new order will be the responsibility of the customer.

You can exchange an item for any other product as long as the total amount is less than or equal to the total amount of the products returned. The exchange will be automatically processed after we receive your order, according to the instructions you provided at the time of your exchange request. Once the first exchange is made, any further exchanges will be at the customer's expense (return and reshipping costs). If you wish to exchange your product for a more expensive product, the price difference between the returned product and the exchanged product will be charged to you.

Damaged, incomplete, or soiled products will not be accepted for return or exchange. Products must be returned with all tags still attached. For socks, the cardboard tag must not have been removed.

To initiate a return, you can request a return by clicking here or go to your account, in the "Product Returns" section, and enter the order number as well as the delivery postal code or your email address.

You will have the option to choose between a store credit (which will give you 5% more than the purchase value of the returned item), an exchange, or a refund.

Returns should be sent to the following address:

Once the return is created, you can at any time click here or go to your account, in the "Product Returns" section, to download your return label again or to track the different stages of your return.

The exchange of a product can also be done directly in one of our stores, within a maximum of 14 days after receiving your order, and upon presentation of your purchase invoice at the checkout.

10. Obligations of the parties

HIRCUS, in the event of accepting an order, undertakes to sell and deliver to the customer the products ordered by the latter according to the specified terms above.

HIRCUS undertakes to verify that the products comply with French regulations.

The Customer undertakes to provide HIRCUS with an address where the delivery can be made. Providing personal information (name, address, phone number, email address, etc.) collected for the purpose of concluding the sales contract is mandatory. This information is essential for processing and delivering orders and issuing invoices. Failure to provide this information will result in the order not being validated. In the event of an error in providing this information, HIRCUS cannot be held responsible for the inability to deliver the product or for a delivery error. In this case, the Customer remains responsible for payment.

In the event of providing an incomplete address resulting in the inability of the transport provider to deliver, the Customer will have to pay the delivery costs for the reshipment of their order.

11. Personal data

The company Hircus is required to collect and record personal data of its Users to carry out various processing activities related to its commercial activity.

In accordance with the Data Protection Act of January 6, 1978, the Client has the right to access, modify, correct and delete personal data concerning him/her. If the Client wishes to exercise this right, he/she simply needs to write to HIRCUS, 34 rue de la Victoire 75009 Paris, France, indicating his/her name, first name and address or by email at contact@hircus.fr.

HIRCUS reserves the right to collect data on the Client through the use of cookies in order to improve the personalized service for the internet user.

For more information on the processing of your personal data, you can click here.

12. Responsibility

HIRCUS cannot be held responsible for inconveniences and damages related to the use of the Internet network such as service interruptions, presence of computer viruses or external intrusions, or more generally any cases qualified as force majeure by the courts.

HIRCUS cannot be held responsible for delays or failures to meet the obligations set out in the General Terms and Conditions of Sale in cases of force majeure as defined by French court jurisprudence.

13. Guarantees

The Buyer benefits from the legal guarantee of conformity and the guarantee against hidden defects, in accordance with the provisions of articles L.217-4 and following of the Consumer Code and 1641 and following of the Civil Code.

If the Products delivered by HIRCUS have a conformity defect existing at the time of delivery or a hidden defect, the Buyer is invited to contact HIRCUS as soon as possible by sending an email to the address contact@hircus.fr.

Under these guarantees, HIRCUS undertakes, as far as possible, to:

- either replace the Product with an identical or equivalent Product depending on available stocks;

- or repair the Product;

- or exchange the Product for a Product of equivalent price depending on available stocks;

- or refund the price of the ordered Product within fourteen (14) days from the Buyer's request if replacement with an identical or equivalent Product proves impossible.

Article L211-9 of the Consumer Code

In case of non-conformity, the Buyer chooses between repairing and 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 compared to the other option, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless impossible, according to the option not chosen by the buyer.

Article L211-10 of the Consumer Code

If repair and replacement of the goods are impossible, the Buyer may return the goods and be refunded the price or keep the goods and be refunded part of the price.

Article L211-11 of the Consumer Code

The application of the provisions of articles L. 211-9 and L. 211-10 takes place at no cost to the Buyer.

These same provisions do not preclude the award of damages and interest.

14. Miscellaneous provisions

The invalidity or inapplicability of any clause in these general terms and conditions of sale or specific conditions will not affect the application or validity of the other clauses of the general terms and conditions of sale. This clause will then be replaced by the closest possible provision.

Neither HIRCUS nor the Client shall be held responsible for any contractual non-performance resulting from a case of force majeure, including but not limited to war, riot, insurrection, transport interruption, import problem, strike, shortage, fire, earthquake, storm, flood.

For any information, question or complaint, the Client can send an email to contact@hircus.fr.

15. Legal notices

Owner: HIRCUS SAS, 34 rue de la Victoire 75009 PARIS

Publisher and integrator: Samy GueyeGraphic

Designer : Agathe de Sutter

Photo : Benjamin Colombel - Charles Martinon

16. Applicable law and competent court

These general terms and conditions of sale are governed exclusively by French law.

The commercial courts of PARIS have sole jurisdiction in the event of a dispute or disagreement concerning them. In the event of a dispute, an amicable solution will be sought and favored before any legal action. Failing that, French courts have territorial jurisdiction to hear any dispute relating to the website www.hircus.fr and orders placed there.

Since January 1, 2016, articles L 612-1 and following of the Consumer Code grant you the right to resort to a consumer mediator for the amicable resolution of the dispute between you and a professional. Before contacting this mediation service, remember that you must have contacted our Customer Service by email at the following address contact@hircus.fr. As long as you have not taken the step of contacting our Customer Service beforehand to try to find an amicable solution to your dispute, no mediation service can be contacted.

European Commission dedicated platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

17. Modification of the general terms of sale

The general terms of sale may be subject to change or modification by HIRCUS.

The general terms of sale applicable at the date of the Buyer's order are those available on the Website at the date of validation of the order.

For any request or additional information regarding the general terms of sale, the Buyer is invited to send an email to the following address: contact@hircus.fr.