Please read these General Conditions of Sale of the website www.groupehcp.com carefully (hereinafter the “Website”).
These general Conditions of Sale apply to the sales defined hereinafter and carried out by the following companies :
In these general conditions of sale, the following words and expressions shall signify:
The purchase of products offered on the Website is subject to these general conditions of sale (hereinafter the “General Conditions of Sale”).
The Website enables the order of a selection of leathers (hereinafter the “Leathers”), online from the companies listed hereinabove (hereinafter referred to collectively as “HCP”).
The Client certifies having the legal capacity to enter into the undertakings provided for herein.
HCP may update these General Conditions of Sale at any time. You can read the version of the General Conditions of Sale in force at any time by accessing the “General Conditions of Sale” section of the Website. The contract of sale between you and HCP will include the conditions of your order and the general conditions of sale applicable at the moment of your purchase, which shall apply to the exclusion of any other general conditions and any implicit commercial conditions of the Client or of business practices. In addition, upon every purchase on the Website, you shall be asked to confirm your acceptance of the General Conditions of Sale in force on the date on which you place your order. Said general conditions can be viewed beforehand and when you are asked to confirm your acceptance thereof. To declare your acceptance, you must tick the “I accept the General Conditions of Sale, and consent to the processing of my data, in accordance with the Website confidentiality policy” box.
For any question pertaining to the Leathers and to your orders, you can contact HCP by clicking on the “Contact us” link or by telephone on +33 (0)1 58 56 36 00, from Monday to Friday (excluding bank holidays), from 9.30am to 5pm.
Although every effort is made to ensure that the shade, the colour, the finish of the material and the photographs of the leather displayed on the Website are accurate, variations may occur, notably due to the technical limitations of IT equipment. HCP cannot be held liable for any unsubstantial errors or inaccuracies regarding the finish of the Leathers featured on the Website. If you have any questions regarding the Leathers, you can contact our Customer Service Department by clicking on the “Contact us” link.
The Client acknowledges that leather is a natural material, HCP cannot guarantee that the Leathers are exempt from random elements such as variations in thickness, width, length, and imperfections (scars, wrinkles, etc.).
The Client acknowledges that the information in relation to the size of the Leathers is given for information purposes only.
The thickness, width and length provided are subject to the usual industrial tolerances, namely :
The Leather must be stored in a dry area, away from light or high temperatures to preserve their quality and the finish.
The offers regarding the Leathers are valid within the limit of available physical stocks. Upon the validation of an order, there may be a difference between the available stock displayed on our IT systems and the physical existing stock (for example, in the event of simultaneous orders for the same product by multiple clients). The sale is therefore conditional on the availability of Leathers in stock.
If the Leather is unavailable after you have placed your order, we shall inform you thereof by email or by telephone as soon as possible and shall give you the option of ordering another Leather on the Website as a replacement, or cancelling your order. HCP shall not incur any liability in the event of a stock shortage or the unavailability of Leathers. HCP reserves the right to change the Leathers offered on the Website without notice.
In order to ensure a better quality of service and availability of our Leathers for all Clients, HCP limits the quantity of Leathers that can be bought by a Client, in accordance with the provisions applicable in the matter, and notably those of Article L. 121-11 of the French Consumer Code, specifically applicable to Consumer Clients.
For all Clients, the quantities are limited as follows :
The Client undertakes not to use the Leathers sold to them by HCP to reproduce, imitate, affix, delete, or counterfeit any brand, design and/or registered model, and more generally not to commit any violation of the legislation pertaining to intellectual and industrial property applicable in France and/or in the Countries to which the Leathers are delivered.
In the event of a breach of the obligations featured in this Article, the Client undertakes to guarantee HCP against any consequences of this breach, and to cover any corresponding fees and convictions.
You can add Leathers to your selection at any time by clicking on “Add to basket.” You can consult your selection by clicking on “Basket” in the menu on the top right of the screen, where the following shall be displayed : the photo(s) of the Leather(s), its colourings and reference(s), the chosen quantity, its (their) unit price(s) and the sub-total of the selection.
After selecting the Leather(s), click on “Buy” to start the order process. A client account is required in order to place an order on the Website :
The creation of an account enables you to :
In the event of a dispute between HCP and one of its Clients regarding a transaction carried out on the Website, the data saved by HCP shall be considered as valid proof of the content of the transaction, unless proof to the contrary is provided by the Client.
You can deactivate your account at any time by sending an email to the Customer Service Department by clicking on the “Contact us” link.
You must, on the one hand, validate your delivery method and, on the other hand, complete the delivery information required for the correct despatch of your order: country of despatch, title, first name, surname, telephone number, delivery address and any other information required to process your order. Once this stage is completed, click on “Continue”.
You can use the delivery address as the billing address or enter another one. You will then be invited to select a payment method (see Article “9. Price – Accepted Payment Methods”) and input the relevant information. At the end of the order process described hereinabove and after having accepted all these General Conditions of Sale and the Website’s Confidentiality Policy, click on the “Pay” button.
You must then verify the accuracy of your selection before confirming your order.
Once completed, your order is transmitted to HCP to be processed. The contract of sale shall be formed once we have received your order. We will proceed with the despatch of your Leathers subject to the availability of the Leathers purchased (as provided for hereinabove) and the effective payment of the Leathers. HCP reserves the right not to accept an order from a Client with whom a dispute is ongoing regarding a previous order, or if HCP reasonably believes that this Client has breached these General Conditions or that they are involved in a fraudulent activity, or for any other legitimate reason.
A summary of your order shall then be sent to you by email (“Your order has been received”). This summary will feature the total amount of the order, information pertaining to shipping costs and
delivery periods, and the essential characteristics, the quantity and the price of the Leathers purchased. We advise that you retain this summary on an electronic medium. You will then receive an email confirming the despatch of your order. We do everything in our power to ensure that our communications are sent as soon as possible. We advise you to check your “Spam” folder if you have not received the order or despatch confirmation email. Pursuant to Article L. 213-1 of the French Consumer Code, when an order by a Consumer Client involves an amount equal to or higher than €120, HCP shall retain the document recording the contract concluded between HCP and the Consumer Client by electronic means for a period starting from the conclusion of the contract until the delivery date of the item, and for a period of ten years therefrom (in compliance with Decree 2016-884 of 29th June 2016). You will therefore be able to access this document at any time, upon a request made to the Customer Service Department after providing proof of your identity.
The prices of the Leathers are indicated in Euros, excluding tax, and then including tax once the Client has logged in, in accordance with the procedure indicated in Article 8. Except for the cases in which reimbursements are issued (i) in the exercise of the right of withdrawal or due to (ii) a non-compliance or a hidden defect, HCP shall not reimburse the VAT applied to purchases made on the Website (even in the event that, after reception, the purchaser sends the Leathers to a third country). The Leathers are invoiced on the basis of the price lists displayed on the Website when your order is placed, subject to availability. All orders are payable in Euros and must be paid when placing your order.
HCP reserves the right to amend its price lists at any time. However, it undertakes to invoice the merchandise ordered at the prices indicated when an order is registered.
For Professional Clients, in the event of the breach of any eventual negotiated payment period, a lump sum indemnity of an amount of €40 shall automatically be due (Article D. 441-5 of the French Commercial Code). In addition, the interest rate for late fees payable as from the day following the payment date featured on the invoice is the interest rate applied by the European Central Bank during its most recent refinancing operation, increased by 10 percentage points.
The accepted credit cards and debit cards are: Visa®, MasterCard® and American Express®. Bank card payments are authenticated and secured using the 3D Secure system. This measure is also known by the names “Verified by Visa®,” “MasterCard® SecureCode” or “American Express SafeKey®.”
During payment, the bank requests personal information from the Client in order to verify the identity of the card holder and to validate the transaction.
How to pay with 3D Secure on groupehcp.com? After the validation of your bank account information (card number, expiry date and security code), a new page will be displayed on which you must enter the personal information requested by your bank. This information may be :
Once the 3D Secure code has been entered and validated by your bank, your order is finalised. You will then receive a confirmation email. The authentication process is unique to each bank. For any
questions regarding your 3D Secure code, we advise that you contact your bank directly. Your order can only be despatched once your payment mode has been verified and the authorisation to debit your card has been received. Your account shall be debited once your Order is despatched.
The Leathers ordered remain the property of HCP until the full price has been received by HCP. On the contrary, you shall assume the risks (notably of loss, theft, or deterioration) regarding the delivered Leathers as from their delivery to the address provided during the order.
The Leathers bought on the Website can only be delivered in Mainland France, including Corsica (excluding Guadeloupe, Martinique, Guyana, Reunion, Mayotte, New Caledonia and the French Southern and Antarctic Lands), in Germany (excluding Heligoland and Büsingen), in Austria (excluding Jungholz and Mittelberg), in Belgium, in Bulgaria, in Cyprus, in Croatia, in Denmark (excluding Greenland and the Faroe Islands), in Spain (excluding the Canary Islands, Ceuta and Melilla), in Estonia, in Finland (excluding the Aland Islands), in Greece, in Hungary, in Ireland, in Italy (excluding Livigno, Campione d’Italia and the Italian waters of Lake Lugano), in Lapland, in Lithuania, in Luxembourg, in Malta, in the Netherlands (excluding the Dutch Antilles and Aruba), in Portugal (excluding the Azores Islands and Madeira), in Poland, in Romania, in Slovakia, in Slovenia, in Sweden and in the Czech Republic (hereinafter the “Delivery Zone”). It is impossible to place an order for any delivery address located outside of this delivery zone. Notably for security reasons, HCP shall not process any order for which a P.O. Box is provided. The Leathers are despatched to the delivery address provided during the order process. We reserve the right to request a signature and a valid form of ID during the delivery (e.g., a passport or driving licence).
Upon the order, we will provide an estimated delivery period that will be confirmed in the despatch confirmation of the order. The delivery period runs from the despatch of your order and cannot exceed thirty (30) days.
The debit of your credit or debit card will be split into multiple payments in the same way to correspond with the price of the Leathers that have actually been delivered. The shipping fees shall only be invoiced for a single despatch and in accordance with the information provided in your order summary.
Any delivery default or delay, longer than the delivery periods mentioned in Article 11.3, must be brought to the attention of our Customer Service Department as soon as possible.
All claims made forty-five (45) calendar days or more after the validation of your order cannot be taken into account.
In the event of a delivery delay of more than fifteen (15) days, you can cancel the order by contacting our Customer Service Department. HCP shall then be required to reimburse the entirety of the fees paid, within a period of fourteen (14) days at the latest following the date on which the contract of sale is terminated. If, nevertheless, you receive the Leathers after having made use of this option, you must return them according to the return terms provided for in Article 14 hereinafter. You must verify
the compliance of the Leathers upon delivery and indicate, if possible, on the delivery slip, in the form of handwritten reserves accompanied by your signature, the eventual anomalies observed (package open, product damaged, etc.) You must then contact the Customer Service Department (see Article 4). In the event of the non-compliance of the Leathers purchased, or if they are not to your satisfaction, you can return them, request an exchange or a reimbursement under the conditions provided for in Articles 13 “Right of withdrawal” and 14 “Terms of return, exchange and reimbursement” for Consumer Clients.
This Article only applies to Consumer Clients and not to Professional Clients.
If you are a Consumer Client, you have a legal right to withdraw that you can exercise under the conditions provided for in Articles L. 221-18 and L. 221-20 of the French Consumer Code, if you meet the requirements of these provisions, without justification and without having to pay any penalties. HCP’s general returns policy (for reimbursement or exchange requests) enables you to withdraw within a period of fourteen (14) days as from the delivery date of the Leathers, without justification and without having to pay any penalties. After this period, you can no longer exercise your right of withdrawal.
We offer you the possibility of filling out and sending your withdrawal declaration online by logging in to your client account. You will then immediately receive confirmation of your withdrawal via email. You can also send your withdrawal request by contacting our Customer Service Department or using the withdrawal form template available in the appendices of these General Conditions of Sale.
Within the framework of the exercise of the right of withdrawal or in the event of the non-compliance of the Leathers, you can return the Leather(s) purchased by requesting an exchange or a reimbursement within the conditions described in Article 14 hereinafter.
In the context of the exercise of the right of withdrawal by a Consumer Client, the Leathers must be returned in their original condition and packaging, accompanied by the purchase invoice or the copy thereof in the event of a partial return. The return of a Leather, in the event of an exchange or a reimbursement, is free of charge for orders over €400, excl. tax. To do this, you must return the Leathers to us via our transporter, within a maximum period of thirty (30) days as from your withdrawal declaration, using our pre-paid return label system.
Log in to your client account and click on “Request a reimbursement” or “Request an exchange” in the “Your orders” section. Follow the instructions that will enable you to :
If you cannot, or do not wish to use the pre-paid return label service, please contact our Customer Service Department that will record your return. You will then be able to return your parcel to the address provided by our Customer Service Department within a maximum period of thirty (30) days. In this case, we strongly advise that you take out the insurance offered by your transporter. You shall be solely liable for returning the Leathers. HCP will not be liable in the event of the loss, delivery to the wrong address, or delivery delay of a product that you wish to return to the Website, as the risks associated with the transport mode chosen by you are solely incumbent on you. For orders over €400 excl. tax, HCP undertakes to reimburse any standard delivery fees, including parcel tracking. For this purpose, you should insert the delivery invoice indicating the parcel tracking number in your return package.
It shall not be possible to provide a credit note to be used on the Website under any circumstances. If you have any questions, please contact our Customer Service Department.
HCP reserves the right to refuse a Client’s exchange request if the Leathers are not returned in their original condition and packaging.
In the event of an exchange request, please specify which Leather(s) you wish to receive in exchange for your order in the dedicated field. If you want the chosen product(s) to be put aside for you, please contact our Customer Service Department. If the amount of the replacement Leather(s) chosen is more than the amount of the return Leather(s), you must pay the price difference by bank card using our secure payment service. If the amount of the replacement Leather(s) chosen is less than the amount of the return Leather(s), the price difference will be reimbursed to you by HCP. In the event of an exchange, the shipping costs of the first delivery will be reimbursed, but the shipping costs for the second delivery will be invoiced in accordance with the chosen delivery method. Please note that the exchange must take place within seventy-two (72) working hours from the reception of the Leather(s).
HCP reserves the right to refuse a Client’s reimbursement request if the Leathers are not returned in their original condition and packaging.
In the event of a reimbursement request, this must take place within seventy-two (72) working hours from the reception of the Leather(s). A confirmation email will be sent to you. The reimbursement, including any eventual shipping costs of the initial order shall then take place via the same payment method used for the order and shall be carried out in the same currency used for the payment of the order. However, please note that your bank may take up to ten (10) working days to reimburse the money to your account, depending on processing periods. This varies depending on your card issuer, and HCP is not able to accelerate this process as it is out of our control.
The Leathers sold by HCP are subject to the conditions of the legal guarantees provided for by Articles L. 217-4 to L. 217-14 of the French Consumer Code, for Consumer Clients, by Articles 1582 and 1604 and 1641 to 1648 of the French Civil Code for all Clients, to the exclusion of any other guarantees :
HCP can under no circumstances be held liable for any damage that does not result from a breach by HCP of one of their obligations.
HCP and the Client notably undertake to respect and comply with all the provisions featured in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), signed in Washington DC on 3rd March 1973, its appendices, and its subsequent amendments, without exception.
The Client is solely responsible for storing the Leathers and notably for the import regulations of the local market (mandatory additional label required by the local authorities, translations, mandatory legal notices, compliance with specific sanitary obligations, etc.).
HCP cannot be held liable if the non-performance or the delay in the performance of one of the obligations described in these General Conditions of Sale results from an event of force majeure. On
this basis, force majeure shall refer to any external, unforeseeable, and unavoidable events within the meaning of Article 1218 of the French Civil Code.
Any eventual written or oral communication carried out by the Client regarding the Leathers can only refer to the companies Compagnie des Cuirs Précieux, Tannerie d’Annonay, Mégisserie Jullien and Tanneries du Puy, from which the Client purchased the Leathers.
No reference to the brand and/or the Hermès Group can be made by the Client within this communication.
These General Conditions of Sale are governed and interpreted in accordance with French Law. In the event of a dispute regarding the application and/or the interpretation of these General Conditions of Sale, you have the possibility of contacting our Customer Service Department (see Article 4).
If you are acting as a Consumer Client, you can also refer the issue to conventional mediation proceedings, or to any other alternative dispute resolution method. In accordance with the Order no. 2015-1033 of 20th August 2015, and the implementing Decree no. 2015-1382 of 30th October 2015, any consumer disputes, or issues, subject to Article L. 612-2 of the Consumer Code, can be the subject of an amicable settlement via mediation with the CMAP – the Paris Mediation and Arbitration Centre.
To submit a dispute to a mediator, the Consumer Client can (i) fill out the form on the CMAP website: www.cmap.fr, under the “you are: a consumer” tab, and (ii) send their request by simple or registered letter to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr.
Whatever the means used to contact the CMAP, your request must contain the following elements to be swiftly processed : your postal address, email address and telephone number, as well as HCP’s name and full address, a brief description of the circumstances and proof of previous steps taken with HCP.
In the event of a dispute regarding the performance of an order, if you are a Consumer Client, you also have the possibility of referring the issue to conventional mediation proceedings, or any other alternative dispute resolution method. You may, if you so wish, refer the issue to the online dispute settlement service offered by the European Commission in accordance with Article 14 of the Regulation (EU) No. 524/2013. This platform can be accessed at the following address : https://webgate.ec.europa.eu/odr/. The use of mediation is an alternative mechanism that does not constitute a prior condition to bringing legal proceedings.
For Professional Clients, prior to any legal proceedings, the Parties undertake to negotiate, in a spirit of loyalty and good faith, an amicable agreement in the event that any conflict pertaining to the contract should arise, including with regard to its validity, its performance and its termination. The Party wishing to implement the negotiation process must inform the other Party thereof by registered letter with acknowledgement of receipt, indicating the elements of the dispute.
If, after a period of one (1) month following the reception date of the registered letter provided for hereinafter, the Parties are unable to reach an agreement, the dispute will be submitted to the competent court, specified hereinafter.
Throughout the negotiation process, and until the end thereof, the Parties are authorised to refer the issue to the courts in interim proceedings or to request the handing down of an Order upon application. Any eventual proceedings before the courts in interim proceedings or the initiation of proceedings upon application, shall not entail any waiver of the amicable settlement clause by the Parties, unless expressly declared otherwise.
Any dispute regarding the interpretation, the performance or the termination of the contract that may arise between HCP and the Professional Client, and in the absence of an amicable agreement between the Parties within the period provided for hereinabove, express and exclusive jurisdiction is assigned to the Paris Commercial Court, notwithstanding the presence of multiple defendants, third-party appeals, even for emergency, or safeguarding proceedings, interim proceedings or proceedings upon application.
If you wish to invoke your right of withdrawal – in compliance with the conditions provided for in Article 13, you have the possibility of using the form hereinafter :
For the attention of : Groupehcp.com France – Service Retours – 3 avenue Hoche – 75008 Paris – France.
I hereby notify you of my withdrawal from the contract regarding the sale of the following item or items :
Signature of the client in the event of a notification of this form on paper :
Date :
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