Terms and Conditions
The parties present in these terms and conditions are the recipient (HEARTEN TALES) and the customer.
These terms and conditions were last updated on 17/04/2019.
The hereby terms and conditions apply, without restriction or reserve, to all orders of services, hereafter referred to as « services », and « products » offered by the non-profit organization HEARTEN TALES, which head office is located in 11B rue Thiers, 77124 Villenoy, France, registered in the Répertoire National des Associations (RNA) under the number W771018145 and in the INSEE under the SIRET number 844 323 972 00019, hereafter referred to as « promoter », to the « customers » on their website www.heartentales.com
The contact details of the promoter are:
11B rue Thiers
Phone. +33 1 60 09 15 83
E-mail : firstname.lastname@example.org
The prices of our services and products are indicated in euros, inclusive of taxes (TVA and other applicable taxes on the day of the order), unless it is specified otherwise, and exclusive of payment fees.
In case the order is made towards a country that is not metropolitan France, the customer is the importer of the concerned products. Custom fees, additional local taxes, importation rights or state taxes may occur. These rights and amounts are out of the non profit organization HEARTEN TALES‘s control. They are the responsibility of the customer, as much regarding the declaration as the payment to the authorities and competent organisms of the customer’s country.
All orders, no matter their origin, are due in euros.
The non-profit organization HEARTEN TALES reserves the right to modify their prices at all times, but the services and products will be charged based on the rate in force when the order was made, and depending of availability.
The products and services remain the property of the non profit organization HEARTEN TALES until the entire payment is complete.
Attention: as soon as the customer physically receives the ordered products, the risks of loss or damages to the products are transfered to the customer.
The customer can place an order:
- On the Internet : http://www.heartentales.com/en/store
- By e-mail at email@example.com for wire transfers.
The contractual informations are presented in French and English and have to be approved at last when confirming the promoter’s order.
The non profit organization HEARTEN TALES reserves the right to decline a payment and an order for any reason, and more specifically in case of supply problems, or difficulties regarding the order received.
All order placed on the internet website www.heartentales.com assumes the acceptation of the hereby terms and conditions. All order validation equals the full and entire acceptation of the customer to the hereby terms and conditions, without exception or reserve.
The entirerity of the given data and the order validation will serve as proof of the transaction. The customer declares being perfectly aware of these terms and conditions. The order validation will be held as signature and acceptation of the operations made. A recap of the customer’s order details will be sent as a PDF file to the e-mail address used to confirm their order.
Placing an order means that the customer is under the obligation of paying the indicated price. The payment of their order is made either by credit card through Stripe, Paypal or wire transfer. The customer can choose to pay in installments if the possibility is offered by the promoter.
For wire transfers, either in full or in installments, the customer will have to respect the given delays: within two weeks for the first payment (full or in installments), then within a month after first payment is made. In case these delays are not respected, and except the legal right of retractation, the promoter will keep the amounts already received, and will be under no obligation to accept the order.
The payments made by the customer will be considered definitive after the actual receipt of the amounts due to the promoter.
In case of non respect of the payment conditions above, the promoter reserves the right to suspend or cancel the delivery of the services and/or products orrdered by the customer and/or the execution of its obligations.
In accordance with the legal dispositions of the article L. 121-21 of the French Code de la Consommation, the customer is allowed a 14 day withdrawal delay after the receipt of their services or products to exerce their right of withdrawal without justifying their motives or pay a sanction.
The returns regarding the products are to be made in their original and complete state (wrapping, accessories, notice). In this case, the customer’s responsibility is engaged. All damages made to the product during this occasion can lead to their withdrawal right being declined.
The return fees are the responsibility of the customer.
In case the customer exerces their right of withdrawal, the non profit organization HEARTEN TALES will proceed with refunding the amounts received (excluding payment fees) within 14 business days following the notification of the customer’s request, and through the same payment method that was used to place the order.
EXCEPTIONS TO THE WITHDRAWAL RIGHT
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 performed before the end of the withdrawal period and whose execution began after express prior consent of the consumer and express waiver of his right of withdrawal.
- The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period.
- The supply of goods made to the consumer’s specifications or clearly personalized.
- The supply of goods that may deteriorate or expire quickly.
- The supply of goods that have been unsealed by the consumer after delivery and that can not be returned for reasons of hygiene or health protection.
- The supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles.
- The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional.
- 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 subscription contracts to these publications.
- Transactions concluded during a public auction.
- The supply of digital content that is not provided on a physical medium whose performance has begun after the express prior consent of the consumer and expressly waives his right of withdrawal.
Our products and services are offered as long as they are viewable on the website http://www.heartentales.com and in the limit of the available stock. For products that are not sticked, our offers are valid under reserve of availability from our providers.
In case of unavailability of the products after an order is placed by the customer, the promoter will notice them via e-mail. Their order will automatically be cancelled and no debit will be made.
Furthermore, the website http://www.heartentales.com does not aim to sell its products in big quantities. Consequently, the non profit organization HEARTEN TALES reserves the right to decline orders including 50 identical items.
The services – the extras (photos, autographs, meetings, etc…) and the passes (ticket entry to the events) – will not be sent via postal mail, but the customer will receive a proof of payment as a PDF file following their order on the website, which will allow them to access the event at the designated times.
The products are delivered to the delivery address provided when placing an order, within a delay indicated on the order validation page.
In case of a delay of shipment, an e-mail will be sent to the customer to inform them of a possible consequence on the delivery delay previously communicated.
In accordance with the legal provisions, in the event of late delivery, the consumer benefits from the possibility of canceling the order under the terms and conditions defined in Article L 138-2 of the Consumer Code. If, in the meantime, the consumer receives the product, the service provider will refund it and transport costs in accordance with Article L 138-3 of the Consumer Code
In case of delivery by a carrier, the non-profit organization HEARTEN TALES can not be held responsible for late delivery due to unavailability of the consumer after several proposals for appointments.
The services ordered by the customer will be given on presentation of a proof of purchase in PDF format at the event and in the conditions described in the description of the service published on the internet website http://www.heartentales.com
During an event:
- The customer must be in posession of a ticket entry (« pass »)to access the event. Otherwise, they will not be allowed to access the event.
- The extras (photos, autographs, meetings, etc…) will be doable only if the customer is in posession of a pass. The customer shall not ask the promoter for a refund if the access to the event is denied to them because they have not bought a pass and thus cannot do their extras.
Minors under the age of 16 will have to be accompanied by a major. Minors over the age of 16 will simply have to provide an anthorization from their legal tutor. Otherwise, the access to the event will be denied.
In case of violence, non-respect to others, material damages, non-respect of the hereby terms and conditions and/or the Law, the promoter reserves the right to expell the customer immediately and without a refund.
The promoter vows to do its best to provide the services ordered by the customer. However, the promoter shall not be held responsible if the customer is absent when the extra ordered is done.
Travel and accommodation expenses are the responsibility of the consumer. In case of postponement, change of venue, or cancellation of the event, the provider will not be required to reimburse the expenses incurred.
The service provider and the person in charge of the premises can not be held responsible for any losses incurred by the consumer. Similarly, the website http://www.heartentales.com includes links to third party sites over which the provider has no control. It does not engage its responsibility with regard to these sites.
The customer understands that their pass and their extras are nominative. Only them can thus use them. In order to get the paid for services on the day of the event at the designated times, the customer shall show proof of purchases as well as a valid ID. The promoter will give the customer an access pack including all the services bought. The customer will have to be in posession of this access pack during the entirety of the event.
In the event of the customer not showing up to the event for which they bought services, the promoter will be under no obligation to refund them.
Since the services bought are nominative, their resale is forbidden unless stated otherwise by the promoter. A request must be made to the promoter via e-mail at firstname.lastname@example.org. The resale must include the entirety of the services bought and be at the same price as when they were bought.
In case of postponement of the event, the promoter will offer the customer to postpone their pass and extras to the new dates, or to be refunded entirely. The customer will have to notify the promoter of their choice by e-mail at email@example.com 14 business days after the postponement announcement. If no answer is given within those 14 days, the pass and extras will automatically be postponed to the new dates of the event. In case of a refund request, the promoter vows to refund within 14 business days after the event of the delay given to the customer to make their choice.
The customer is aware that they are buying an entry ticket to an event, and not for a specific guestIt is possible that, for personal or professional reasons, one or several of our planned guests may not be available to attend an event anymore. In the event of this happening, the promoter will offer the customer to choose between being refunded of all their extras related to the guest who can no longer attend the event, or to replace their extras by extras of another guest, in the limit of the available stock. The customer will have to notify the promoter of their choice via e-mail at firstname.lastname@example.org within 14 business days, after which their extras will be automatically replaced. If stocks are no longer available, the customer will be refundedd. In case of a refund, the promoter vows to undertake the necessary steps within the 14 business days following the delay given to the customer to notify of their choice. A guest cancellation is out of the promoter’s control and does not qualify for a refund of the pass.
In case of the event being cancelled, the promoter vows to refund the entirety of the services bought by the customer for said event within 14 business days, excluding payment fees.
Seats will be given depending on the date of purchase of the passes, and once they are paid in full, depending on their category. In the event of several people having bought passes in the same category but at different dates would like to seat next to each other, they will have to send their request through the website’s contact page of the promoter. Seats will the be given according to the last pass bought.
All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, according to articles 1641 and following of the Civil Code. In case of non-compliance of a product sold, it may be returned, exchanged or refunded.
All complaints, exchange requests or refund requests must be done via e-mail to email@example.com within 30 days of the delivery.
The products must be returned to the provider in the state in which the consumer has received them with all the elements (accessories, packaging, instructions …). The shipping costs will be refunded to the consumer based on the rate charged and the return costs will be refunded upon presentation of receipts.
The provisions of this ARTICLE do not prevent the consumer from benefiting from the right of withdrawal provided for in Article 6.
The products offered are in accordance with the French legislation in force. The responsibility of the non-profit organization HEARTEN TALES can not be held liable for non-compliance with the legislation of the country where the product is delivered. It is up to the consumer to check with the local authorities the possibilities of importing or using the products or services they plan to order.
In addition, the non-profit organization HEARTEN TALES can not be held responsible for damages resulting from misuse of the purchased product.
Finally, the responsibility of the non-profit organization HEARTEN TALES can not be held liable for any inconvenience or damage inherent in the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.
LAW APPLICABLE IN CASE OF DISPUTES
The language of this contract is French. These conditions of sale are subject to French law. In case of dispute, the French courts will be the only competent.
The non-profit organization HEARTEN TALES will archive purchase orders and invoices on a reliable and durable support as a true copy in accordance with the provisions of Article 1348 of the Civil Code.
The computerized records of the non-profit organization HEARTEN TALES will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.