Terms of sale

1.1. Purpose of the GTC
These GTC apply to the online sale of products by Horty Store on the website https://www.horty-store.fr, which is freely and freely accessible to all internet users.

1.2. Scope of the GTC
These GTC exclusively govern online sales contracts for products marketed by Horty Store to Buyers who are consumers. The GTC apply exclusively to products delivered to consumers established in mainland France and eligible EU countries for delivery.

The GTC are drafted, as is all contractual information mentioned on the website, in the French language.

1.3. Availability and enforceability of the GTC
The GTC are made available to consumers on the website https://www.horty-store.fr via the hyperlink "general terms and conditions", where they can be consulted directly; they may also be provided upon simple request by the consumer by telephone, email or post.

The GTC are enforceable against the Buyer, who acknowledges, by ticking a box provided for this purpose, that they have been made aware of them and have accepted them before placing an order. Validation of the order by its confirmation constitutes the Buyer's acceptance of the GTC in force on the date of the order, the storage and reproduction of which are ensured by the Seller.

1.4. Modifications to the GTC
The Seller reserves the right to modify its GTC at any time. In the event of modification of the GTC, such modifications shall be enforceable from the date they are published online and may not apply to contracts concluded thereafter. The applicable GTC are those in force on the date of the order.

1.5. GTC clauses
The invalidity of a contractual clause does not entail the invalidity of the GTC, unless it is an essential and determining clause that led one of the parties to enter into the contract of sale. The temporary or permanent non-application of one or more clauses of the GTC by the Seller shall not constitute a waiver of the other clauses of the GTC, which shall continue to have effect.

ARTICLE 2. Products

2.1. Characteristics
Each product available for sale on the website is accompanied by a description accessible on the website by clicking on each product; this description mentions the essential characteristics of the product within the meaning of Article L. 111-1 of the French Consumer Code.

The photographs illustrating the products do not constitute a contractual document; they are as accurate as possible and do not bind the Seller in any way.

2.2. Compliance
The products comply with the provisions of applicable French law relating to the safety and health of persons, the fairness of commercial transactions and consumer protection at the time they are placed on the market.

2.3. Duration of the offer
Online sale offers presented on the website are valid, unless a specific duration is indicated, for as long as the products appear in the electronic catalogue and within the limits of available stock.

ARTICLE 3. Prices

3.1. Sale price
The sale price of the product is that in force on the date of the order, taking into account the VAT applicable on the date of the order.

Sale prices, in accordance with Article L. 113-13 of the French Consumer Code, are indicated for each product in the electronic catalogue in euros inclusive of all taxes, excluding delivery and transport costs. The total amount due by the Buyer is indicated on the order confirmation page.

3.1.1. Price modifications
The Seller reserves the right to modify its prices at any time, while guaranteeing the Buyer the application of the price in force on the date of the order.

3.1.2. Promotional offers
In the event of a promotion, the Seller undertakes to apply the promotional price to any order placed during the duration of the promotion.

 

ARTICLE 4. Order

4.1. Placing an order
The customer wishing to place an order on https://www.horty-store.fr must follow the procedure below:

The customer must add their products to the basket by selecting the size and colour. At any time, they will have the option to:

• Obtain a summary of the selected products by clicking on the basket icon in the menu
• Continue shopping by clicking on the "Continue shopping" link
• Complete their selection and place the order by clicking on the "Proceed to checkout" link

When placing their first order, the customer must create a customer account. If they are already a customer, they must log in by entering their email address and password. The customer is informed and agrees that entering these two identifiers (email address and password) constitutes proof of identity and expresses their consent.

Once the user is identified, they must validate the delivery address and method, after which an order form will appear summarising: the nature, quantity and price of the products selected by the user, as well as the chosen payment method, and the billing and delivery details. The customer declares that they are 18 years of age or, failing that, that they have parental authorisation allowing them to place an order on the website.

4.2. Modification of an order
Any modification of an order by the Buyer after confirmation of their order is subject to acceptance by the Seller.

4.3. Validation of an order
The Seller reserves the right to refuse any order for legitimate reasons.

4.4. Product unavailability
If the ordered products are unavailable for delivery, the Seller will immediately inform the Buyer.

4.5. Archiving of order data
The archiving of communications, order forms and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1348 of the French Civil Code. These communications, order forms and invoices may be produced as proof of the contract.

The Buyer's banking information is in no way held by the Seller. This data is managed directly by the Seller's banking institution

 

ARTICLE 5. Payment

Payment is made exclusively online by credit card.

Ordered products are payable in full at the time of order and in euros. An invoice expressed in euros excluding and including VAT will be issued by the Seller and made available in the customer account. In the event of non-payment or refusal of payment authorisation by the accredited organisations, the order cannot be validated.

5.1. Payment security
Credit card payment is secured via the 3D Secure internet option.

 

ARTICLE 6. Withdrawal

In accordance with Articles L.121-20 et seq. of the French Consumer Code, the Customer has a period of 14 days from the date of delivery of the order to return any new and unworn product, in its original packaging (shoe box, plastic packaging, etc.) and in perfect condition (allowing for resale), in order to request a refund without penalty.

6.1. Refund amount
The Seller will refund the Customer for all payments received for the Product(s) for which the Right of Withdrawal is exercised, including delivery costs, provided that the withdrawal applies to all Products in the order. If the withdrawal does not apply to the entire order, the exercise of the right of withdrawal will not give rise to a refund of the delivery costs paid by the Customer.

The Seller is not obliged to refund any additional costs if you have expressly chosen a delivery method that is more expensive than the standard delivery method offered on www.horty-store.fr.

6.2. Return label request
A return label request is linked to an order. If the customer wishes to return products from several orders, they will need to submit as many return label requests as there are orders. However, the return may be made in a single parcel.

To proceed with the return of their order, the customer must submit a return request via this portal: https://app.fastoche.co/app?shop=horty-store&view=home. They must then follow the procedure below:

• Enter their email address or the delivery postcode and order number
• Select the product(s) to be returned and the quantity
• Enter the reason for return
• Choose the refund method
• Choose the return method — the return label is charged at €6 including VAT
• Click the "Confirm" button on the summary page to obtain a return label. This label can be downloaded immediately using the "Download Label" button or downloaded later from the return confirmation email.
• The label must be affixed to the parcel

6.3. Return address
The customer must return their parcel by post to the following address:

LogVad, Retour Horty Store, 1 rue de la couture, 59115 LEERS.

The customer must retain their proof of postage.

If the parcel is lost or damaged during the return, the cost of the damage is the responsibility of the customer.

6.4. Insufficient information
If the customer does not provide a return label or a document allowing them to be identified, the Seller will be unable to process the return request. In this case, the returned products will be kept on the Seller's premises until the buyer comes forward.

6.5. Refund timeframe
If the products are in conformity and the customer provides the return label, the Seller undertakes to refund the buyer within a maximum period of 14 working days after receipt of the parcel. Otherwise, the refund period may be extended.

6.6. Refusal of return
The Seller reserves the right to refuse the return request in the following cases:

• The product is not returned in its original packaging
• The product has been worn and/or washed
• The product is not returned in its original condition

In this case, the product will be returned to the buyer at the Seller's expense.

6.7. Special cases for promotional offers
In the event of a return of only part of the products that entitled you to benefit from a promotional offer (e.g. a discount code) or a commercial offer (e.g. buy 2 products, get 1 free), you will be refunded an amount equal to the price of the returned product minus the discount initially applied, which you will no longer be entitled to.

 

ARTICLE 7. Delivery

7.1. Delivery location
Delivery is exclusively available to mainland France, Italy, Portugal, Spain, Germany, Luxembourg, the Netherlands, Belgium, Denmark, Poland, the Czech Republic and Slovakia. The Seller does not deliver to PO boxes, hotels, campsites, boats, ports, airports or military bases.

7.2. Delivery timeframe
The delivery timeframe may vary depending on the distance and the delivery method selected by the buyer. The Seller undertakes to dispatch orders within a maximum of 2 working days.

The Seller is in no way responsible for carrier delays.

7.3. Delivery costs
The buyer may choose from different delivery methods.

Shipments are handled by the logistics company LogVad.

7.4. Delivery delay
A delay, even a significant one, cannot constitute an acceptable reason for refusing delivery or for any claim for damages of any kind.

7.5. Delivery failure
Upon delivery, in the event of missing or damaged parcels, reservations must be noted on the carrier's delivery receipt. Our guarantee is strictly limited to replacement within a reasonable timeframe or to a refund following examination by our team.

 

ARTICLE 8. Management of your personal data

8.1. Collection and use of data
The collection of personal data, its use for the purpose of processing orders and building customer files, and its disclosure to third parties responsible for the fulfilment and payment of orders, is subject to the consent of the person concerned. The processing of personal data, which is retained by the publisher solely for the purpose of the proper administration of orders and commercial relations, is subject to a declaration with the Commission nationale Informatique et Libertés (CNIL).

10.2. Right of access, modification or deletion of your data
The consumer has the right at any time to access, modify, rectify and delete their personal data.

 

ARTICLE 9. In the event of a dispute

In the event of a disagreement or inability to reach an amicable settlement, disputes will be submitted to the competent court of Lille.

 

ARTICLE 10. Intellectual property

The elements reproduced on the Seller's website are its exclusive property. Any reproduction or distribution of these elements without prior written authorisation will expose those in breach to legal proceedings.