LEGALS TERMS
These conditions are concluded between, on one hand, the company HYRAW DESIGN SARL, hereinafter reffered to as’Hyraw.com’ and, on the other hand, the persons wishing to purchase one or several products for sale on the website www.hyraw.com hereinafter individually referred to as’Customer’.
The parties agree that their relations will be exclusively governed by this contract, excluding any condition previously available on the website.
If a condition is found to be lacking, it would be governed by the procedures in force in the area of distance selling companies which have headquarters in France.
The company HYRAW DESIGN agrees to comply with all the provisions of the Consumer Code on distance selling.
SUBJECT
These conditions aim to define the terms of sale between Hyraw.com and the customer, from the order to the services, including payment and delivery. They cover all the necessary steps for placing the order and tracking of this order between the contracting parties.
ORDER
The customer can place an online order from the catalog: http://www.hyraw.com
Any order implies full acceptance of these general conditions of sale. All orders will be considered after approval of payment.
Hyraw.com undertakes to fulfill the received orders within the limits of available stocks. A lack of availability of the item, the customer will be informed as soon as possible and will be able to cancel the order.
In the event that one or more products ordered are unavailable for seven (7) days or more, or in the event of a permanent stock shortage. Hyraw.com may either cancel the order and refund to the customer the amount he has paid, or replace the item unavailable by another with similar characteristics and equivalent or greater quality and at an equal or lower price.
Contractual data are presented in English and will be confirmed with the contractual information at the latest at the time of delivery of the items ordered. Hyraw.com reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.
Any change on the order can not be made once it gets the status of ’being prepared’. An order may be modified (colour, size or delivery address) only if it is in a status preceding its preparation in our warehouses.
DELIVERY
Delivery methods:
Products will be sent to the delivery address that the client has indicated during the ordering process, arguing that it is within the permitted areas of delivery specified in the offer to sell. In case of error in the recipient's details, Hyraw.com can not be held responsible for failure to deliver the products ordered.
To track your order, you can check the online order status: Chronopost (Colissimo) or contact Customer Service in the ’Contact’ section.
Delivery times:
Hyraw.com undertakes to deliver the customer as soon as possible.
HYRAW DESIGN undertakes to prepare your parcel within 24 hours and uses the service ‘InternationalColissimo’ of La Poste.
As an indication, the average delivery times observed for the items available are 10 to 15 days. When paying by check, these limits shall be from the date of receipt of the check.
Special cases of returned package due to incorrect address or unclaimed to the carrier are the responsibility of the customer. When returning parcel, Hyraw.com will send an email to the customer, which will provide his full address and a €6 check for the new shipping of the order.
Without any response from the customer within a period of two months after the return of the package, the goods will be placed back in stock and the customer will receive a credit of his loyalty points of the value of the items (excluding shipping).
Note: The price of products for overseas territories, Switzerland and other countries outside the EC is stated without taxes.
Any order placed on the site and delivered in these specific areas may be subject to taxes and customs duties which are levied when the package reaches its destination. These duties and possible taxes related to the delivery of an item are the responsibility of the customer. We are not required to check and inform you of customs duties and taxes. Please note that by ordering on the website, you are considered as the official importer and light comply with all laws and regulations of the country where you will receive the goods.
We want our customers to be aware that cross-border deliveries are subject to opening and inspection by customs procedure. We invite you to check with the appropriate agency in your area, to identify the period that may be caused by this type of procedure.
We invite our clients to consult the specific ‘Shipping & Returns’ for more data about our delivery methods and the procedure to return product.
PRICES
Hyraw.com reserves the right to change prices of products at any time, provided, however, that the products ordered will be billed on the basis of the tariffs in force at the moment of the order (under the contition of products’ availability).
The products remain the property of HYRAW DESIGN until the full payment is received by Hyraw.com.
Prices shown on the products are in euros and are inclusive, excluding potential shipping costs, which are paid by the customer. Any change of the VAT rate applicable will be reflected on the prices of items, at the date set by the implementing decree.
When ordering via the Internet, the total price stated in the order confirmation includes the price of products, handling, packaging and storage of goods, as well as freight and commissioning.
PAYMENT METHODS
Full payment must be complete when ordering. At no time payments can not be considered as a deposit. The customer has the option to set the order:
- by credit card. The client will show the number on the front of the card, the expiration date of the card, the security code on the back of the card (last 3 digits) and the name of the card holder. Communication by the client of his credit card’s number is considered as an authorization for Hyraw.com to debit his account by the amount of items ordered.
- by Paypal
No pay on delivery will be accepted, whatever the reason. Hyraw.com retains ownership of the item until full payment by the customer. No new order will be honored before full payment by the customer of sums due under previous orders.
SECURE PAYMENTS
Our online sales service has secure payment by credit card remote LCL Payment: secured by SSL encryption (Secure Socket Layer) to most effectively protect all data related to the transaction. Bank client data are entered directly on a secure banking page of LCL and do not pass through the computer system of Hyraw.com.
All data regarding your payment by Credit Card are fully encrypted and there is no conservation of the numbers provided. We have no access to payment information. Therefore it is possible to pay for purchases safely and confidently.
When the client finishes his command after selecting payment by credit card, he will automatically connect to the payment server LCL Paiement.
Regarding the hypothesis of payment by credit card, it is in principle irrevocable. However, the customer may request cancellation of a payment in case of misuse of it. Furthermore, the responsibility of the holder of a credit card is not liable if the disputed payment was made fraudulently, remotely, without physical use of the card. To obtain a refund of fraudulent charges and bank charges that the operation could cause, the client must challenge, in writing, the removal from his bank within 70 days.
The amounts collected shall be reimbursed by the bank within a maximum period of one month after receipt of the written complaint filed by the wearer. No fee refund amounts may be charged to the owner.
RIGHT OF WITHDRAWAL / RETURNS
Within 10 days after receiving the package, Hyraw.com can exchange or refund it if an item does not give satisfaction to the customer. Items returned incomplete, damaged, soiled or damaged by the customer are not included.
The item must be returned in a new and unused condition in its original packaging and accompanied by the invoice to the following address: HYRAW DESIGN - ZAC des Pielettes - Chemin de la cride - 13 740 Le Rove - France
The return shipping costs will be borne by the sender.
The returned item will be refunded to the customer by check or wire transfer, within a maximum period of 30 days from its receipt by Hyraw.com.
In the case of a request for reimbursement of an article having been given free of charge or at low cost in connection with a proposed deal to the user, it will be repaid in part of its commercial value and not in its entirety.
SERVICE
For any problem arising during or after the warranty period, contact the Customer Service in the ‘Contact’ section.
LIABILITY
For all stages of access to the site, from the ordering process, delivery or subsequent services, Hyraw.com has an obligation of means. Responsibility for HYRAW DESIGN can not be held liable for any inconvenience or damage arising from the use of the Internet, including interruption of service, external intrusion or presence of computer viruses, or any event of force majeure, according with jurisprudence.
HYRAW DESIGN is responsible for the proper fulfillment of the obligations arising from the contract concluded at a distance, whether such obligations are to be performed by itself or by other service providers, without prejudice to its right of recourse against them. However, HYRAW DESIGN can be exempt from all or part of its liability by providing the proof that the failure or improper performance of the contract is attributable either to the consumer or to the unforeseeable and insurmountable, or a case of force majeure.
PERSONAL DATA
Hyraw.com refuses for commercial reasons, to provide to any partner the identity and contact information of the users. Accordance with the law of January 6, 1978, the customer has a right to access and correct data.
The information and data concerning the customer are required to manage the order. Depending on the choices made by the customer when creating or consulting the customer's account, the client will likely receive offers from Wickedone.fr. The client may at any time request a modification of the choices made when creating or accessing the account by accessing their online account under ‘My Account’.
INTELLECTUAL PROPERTY
All elements of the site Wickedone.fr, whether visual or audio, including the underlying technology, are protected by copyright of brands.
They are the exclusive property of WCKD. The user who has a personal website and wishes to place, for personal use, on its website a direct link to the home-page of the site hyraw design, must request permission to Hyraw.com.
It will not be in this case an implicit affiliation agreement.
In contrast, any reproduction or representation, in whole or in part, constitutes infringement and may result in civil and criminal responsibility of its author. Affixing a hyperlink to the site Wickedone.fr, using the so-called framing or deep linking is strictly prohibited. Any total or partial reproduction of the catalogs is strictly prohibited.
ENTIRETY
In the event that any provision of this contract is null and void by a change in legislation, regulation or court decision, this does not in any way affect the validity and enforceability of these terms and sales conditions.
PROOF
The records stored in computer systems company HYRAW DESIGN and its partners in conditions of reasonable safety, will be considered as proof of communications, orders and payments between the parties.
STORAGE AND FILING OF TRANSACTION
The filing of purchase orders and invoices is made on a reliable and durable so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
LAW AND JURISDICTION
These terms and conditions are subject to the French law. The allocation of jurisdiction in case of dispute, and failing agreement between the parties, is given to the competent courts of Marseille, despite multiple defendants and/or call warranty, even for emergency procedures or protective interlocutory application or procedures.