General Conditions of Sale (CGV)
These General Conditions of Sale (hereinafter the “ General Conditions of Sale ” or “ CGV ”) are applicable to the sale of the products offered on the website www.hikayat.fr .
These General Conditions of Sale are concluded between:
CYNTHIA KASPARIAN, microenterprise registered in the Pontoise trade and companies register under number 917 539 439, whose head office is located at 18 avenue de la Gare 95250 BEAUCHAMP, operating under the commercial name HIKAYAT,
Hereinafter referred to as the “ Seller ”
Any natural person wishing to make a purchase via the website www.hikayat.fr ,
Hereinafter referred to as “ the User ”
The Seller and the User are jointly referred to as the “ Parties ” and individually the “ Party ”.
These General Conditions of Sale define the rights and obligations of the Parties in the context of distance sales on the site www.hikayat.fr (hereinafter the “ Site ”).
The order implies irrevocable acceptance of these General Conditions of Sale.
The User acknowledges having read, understood and accepted the said T&Cs by checking, when placing the order, the box: “I have read the T&Cs and I adhere to them without reservation”.
These General Conditions of Sale are subject to change. The General Conditions of Sale applicable to the User are those in force on the site www.hikayat.fr on the date the User places the order. They apply to the exclusion of all other conditions, in particular those applicable in stores.
The User declares:
- Have the capacity to conclude this contract: minors, as well as people under guardianship or curatorship who do not have the express authorization of their legal guardian, are excluded; And
- Not being a merchant: making purchases only for personal use and not purchasing products with the aim of reselling them
Article 1: Price
Prices are indicated in euros, all taxes included, including VAT and excluding delivery costs which remain the responsibility of the User, unless special conditions apply.
Delivery costs are indicated when placing the order, according to the terms of article 4 of these General Conditions of Sale.
They take into account the VAT applicable in France on the day of the order.
If the rate were to be modified, these changes could be reflected in the price of the products without the User being informed in advance.
The Seller reserves the right to modify its prices at any time. The Products will be invoiced on the basis of the prices in effect at the time the order is placed.
Article 2: Products
The products offered for sale by the Seller are those appearing on the site www.hikayat.fr on the day the User consults the Site (hereinafter the “ Products ”).
In addition to the photographs reproduced and illustrating the Products presented, the User is invited to consult the description of each Product to find out its characteristics.
The Seller undertakes to make its best efforts to offer Products conforming to the descriptions indicated on the Site www. hikayat.fr.
The Seller undertakes to reproduce the Products as faithfully as possible. However, a slight discrepancy compared to the presentation visuals cannot be completely excluded.
The Products are offered for sale while stocks last. The availability of the products is checked by the Seller at the time of preparation of the order.
Article 3: order
Any order constitutes acceptance of the prices and Products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
Article 3.1: Validation of the basket
The User selects the products he wishes to order by clicking on the “Add to cart” box. The selected products are subsequently listed in the “Basket” tab. The User can thus check the details of his order in this tab (example: products, quantities, price).
At this stage, if the User has a promo code, they are invited to enter it before validating their basket.
Once the information has been verified and/or adjusted, the User can continue their order by clicking on the “Proceed to payment” box.
Article 3.2 Creation of a User account
To create a User account, the User will be asked to complete a form and provide the following mandatory information: name, first name, and email address.
If they wish, the User will be able to log in to their account again during their next visits using the identifiers created by them (email address and password). If the User forgets his password, he can request a link to generate a new password in order to log in to his User account.
Article 3.3 Choice of delivery method and means of payment
Once their basket has been validated, the User is required to enter the delivery method they wish, in accordance with article 4 of these General Conditions of Sale.
The User then selects their payment method, in accordance with article 6 of these General Conditions of Sale.
In order to allow the User to return to their order before definitively validating it, the Seller has created validation and acceptance screens. The order will only be definitively recorded at the last validation of the order payment screen, that is to say once the User has accepted the General Conditions of Sale and clicked on the boxes:
“□ I have read the General Terms and Conditions and I agree to them without reservation”.
“□ Pay now”.
From validation of payment, the order is considered irrevocable and the User can monitor its processing at any time. At this point, the order can no longer be modified (product, quantity, delivery method, etc.).
Article 3.4 Order tracking
A first email summarizing the User's choices is sent upon validation of payment for the order. A second email summarizing the Products shipped and invoiced is sent when the order is shipped.
The unavailability of a product will therefore be notified to the User in this second email. The User's order will be automatically canceled in respect of the unavailable Product and the price of the unavailable Product will be refunded to the User within 10 working days from the cancellation of the order.
For more information on the placement, tracking or execution of your order, questions about delivery times, the conditions for exercising your right of withdrawal or any other question, the User can contact the service customers of the Seller.
- Via our contact form accessible from the “Contact us” section of the Site
Article 4: Delivery
Article 4.1 Delivery address
After selecting the delivery method, the User indicates or selects the address to which their order will be delivered. After validation of the order, this address cannot under any circumstances be modified subsequently.
Article 4.2 Processing and delivery times
Delivery times are indicated in the order form and are provided for information purposes only.
The Seller will not be held liable in the event of late delivery, for any reason whatsoever. Consequently, no claim for compensation of any nature whatsoever may be claimed by the User from the Seller.
Consequently, in the event of failure on the part of the Seller to fulfill its delivery obligation on the date or at the expiration of the period indicated, or failing that, at the latest thirty days after the conclusion of the contract, the User is entitled to cancel your order by sending a registered letter with acknowledgment of receipt to the Seller, in accordance with article L. 216-6 of the Consumer Code.
Furthermore, during periods of sales, promotions or private sales and due to the large number of orders to be processed during these periods, order processing times may be longer.
Article 4.3 Withdrawal conditions
In the event of delivery to a collection point, once the package is available at the chosen collection point, the User will be informed by email of its availability.
To make the withdrawal, the User must present an identity document. The User is also advised to have the email confirming the availability of the package. Any third party who would like to collect the User's order must present, in addition to the invoice or confirmation email, their own identity document, but also the original of the User's identity document.
In the event that the User does not collect their order within the delivery times as mentioned on the website of the carrier Mondial Relais, the order will be automatically returned to the Seller at the end of this period. The User will then be reimbursed for the total amount of their order.
Article 4.4 Transfer of risks and specific cases
The Seller only controls deliveries made by members of its network.
As such, the risk of loss or damage to the product is transferred to the User as soon as the Product is delivered to the address chosen by the latter when placing the order. In the event that the User mandates a third party logistician to take charge of the product at the delivery point determined in the order to transport it to another location, the Seller releases itself from any risk of loss and of damage to the Products subject to this third-party delivery.
In addition and in this context, the Seller declines all responsibility for non-compliance of the Products with the regulations and standards applicable within the recipient countries of said deliveries, which are not part of the official list of countries of distribution of the Seller's Products.
Article 5: Reservation of ownership
Until full payment of the order, the Seller remains the owner of the Products ordered by the User. The risks are transferred to the delivery provider at the time of handling the shipment of the order, then transferred to the User at the time of receipt of the order by the latter.
Article 6: Payment
Article 6.1 The different means of payment
The order placed on the site www.hikayat.fr can be paid by credit card. We accept: Carte Bleue, Visa Card, Mastercard, Amex, Shoppay.
Article 6.2 Payment security
To ensure payment security, the Seller uses the Shoppay secure payment service. Banking data is encrypted (SSL security standard) and therefore does not circulate unencrypted on the Internet. Shoppay's payment interface uses 3D Secure technology.
This is a system developed by the two bank card networks Visa and MasterCard to authenticate bank card holders and thus prevent any fraudulent use of the latter. In addition to the number, the expiry date and the cryptogram, with the 3D Secure system, the card holder must authenticate on an interface of their bank to which they are automatically redirected, by entering a code or information personal information that his bank will have sent to him in advance. Once authenticated, the holder will see their transaction authorized or refused by their bank.
Article 6.3 Fight against fraud
The User is reminded that payment card fraud is an offense punishable by article L. 163-3 of the Monetary and Financial Code:
“Any person is punishable by imprisonment of seven years and a fine of 750,000 euros:
1. To counterfeit or falsify a check or other instrument mentioned in article L. 133-4;
- To knowingly make or attempt to use a counterfeit or falsified check or other instrument mentioned in Article L. 133-4;
- To agree, knowingly, to receive payment by means of a counterfeit or falsified check or other instrument mentioned in article L. 133-4”
Article 7: Withdrawal
Article 7.1: Information on the User's right of withdrawal
From the date of receipt of the Product, the User has a period of 30 days to exercise their right of withdrawal. The return and refund conditions are indicated in Article 9 of these General Conditions of Sale.
This preferential period deviates from the legal period of 14 days mentioned in article L. 121-20-12 of the Consumer Code. Refunds will only be accepted for Products that are undamaged and returned in their original packaging.
Furthermore, and in accordance with article L. 221-28 of the Consumer Code, refunds will not be accepted for products made to the consumer's specifications or clearly personalized.
Article 7.2 Exercise of the right of withdrawal by the User
The User can exercise his right of withdrawal:
- Either by sending the following declaration by email to the following address: firstname.lastname@example.org:
To the attention of HIKAYAT customer service,
— I/We (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the goods (*) below — Ordered on (*)/received on (*) — order number (*) — Name of the User(s) — Address of the User(s) — Signature of the User(s) (only if this form is notified on paper) — Date
The declaration must be accompanied by the Product(s) that the User is returning.
The return and refund conditions are indicated in article 9 of these General Conditions of Sale.
Article 8: Legal Guarantees
The User benefits from the guarantee of hidden defects and conformity in accordance with the provisions of articles 1641 to 1649 of the civil code and articles L.217-3 to L.217-14 of the Consumer Code to obtain legal redress or the replacement of the good and if impossible, the resolution or reduction of the price.
The reimbursement terms are indicated in Article 9 of these General Terms and Conditions.
Article 9: Exchange and refund terms
Following the exercise of the right of withdrawal by the User (Article 7), or in the event of non-conformity or a defect affecting the Products ordered (Article 8), the User may return the products ordered according to the following terms:
Return to warehouse
You can return the ordered Product(s) to us.
You have 30 days after receipt of your order to be reimbursed for any item that does not give you complete satisfaction.
- Mention the items and quantities to be returned without forgetting to indicate a reason for return.
- You will receive a Mondial Relay return label to print and stick on your package as well as a voucher to add to the items.
Personalized products are excluded from returns.
The User must return the Products to the following address:
HIKAYAT at Cynthia Kasparian
18 avenue de la gare
What documents to send?
Stick the return label on your package and present the return slip to the parcel relay.
No exchange possible, you can request a refund, then place a new order.
The refund will appear on the account attached to the payment method used to pay for the order.
The reimbursement of the Product(s) is equal to the price indicated on your invoice (possible discounts taken into account).
Upon receipt and inspection of the returned Product, upon arrival in the warehouse (the “ Receipt Date ”), the returned product(s) will be reimbursed by recrediting the bank card used for the initial payment of the order.
It will be visible within 4-5 working days (interbank times) from the Date of Receipt.
In accordance with article L. 221-28 of the Consumer Code, refunds will not be accepted for products made to the consumer's specifications or clearly personalized.
Reimbursement of delivery costs
Any initial delivery costs will be fully refunded only if the entire order is returned. Furthermore, the Seller is not required to reimburse additional costs if you have expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.
Return costs are the responsibility of the seller, only the relay point delivery method is offered.
Article 10: The terms of our offers
In the event of current promotional offers, the following conditions apply.
The promotional offers are:
- valid only once
- cannot be combined with other promotional offers presented elsewhere
- limited in time, check the expiry date on your offer
- not valid in store (unless special mention in the offer)
- reserved for individuals
Reductions in % (example: -15% on your favorite item) and in amount (example: €10 off from €90 of purchases) do not apply to the eco-participation and delivery costs. They cannot be combined with discounts made on products (promotions, sales). To benefit from discounts, you sometimes have to reach a certain amount of purchases. This purchase amount excludes eco-participation, delivery costs, and after reduction. These offers are valid while stocks last.
Article 12: Liability
The Seller is responsible for the proper execution of the obligations resulting from these General Conditions of Sale.
The Seller will not, however, be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance results either from the User or from a case of force majeure as defined in Article 1218 of the Civil Code.
The Seller cannot be held liable for any inconveniences or damages inherent in the use of the internet network, in particular a breakdown in service, an external intrusion or the presence of a computer virus, or any event qualified as force majeure.
The Parties agree to consult as soon as possible in order to determine the terms of processing the order during the duration of the force majeure event.
Beyond a period of one (1) month of interruption due to force majeure, the Parties will be released from their obligations towards each other. Failing this, the Seller will reimburse the User for the amount of their order as soon as possible.
Article 13: Personal data
The Seller, responsible for processing, collects mandatory personal data indicated by an asterisk. This collected data is necessary for the processing, tracking and delivery of your order, as well as for issuing invoices. On the other hand, this data may be necessary to send personalized or non-personalized offers, news or advertisements, only if you accept them. Finally, they can be used to carry out statistical analyses.
The Seller ensures that it takes all necessary measures, in accordance with the Data Protection Act of January 6, 1978 and the General Data Protection Regulation (GDPR) of April 27, 2016, to ensure the protection, confidentiality and security of personal data. of the User.
In accordance with applicable regulations, the User has the right to access, issue advance directives, rectify, delete, portability and oppose the processing of data concerning him or her.
To exercise this right, you can send an email to email@example.com or fill out the contact form.
As part of the exercise of rights by Users, Customer Service will be required to verify the identity of said Users. To this end, Customer Service, and only in the event of reasonable doubt about the identity of Users, reserves the right to request a copy of a valid identity document in order to confirm the identity of the person. .
Article 14: Cookies
When consulting the site ww.hikayat.fr, cookies are placed on the User's computer, mobile or tablet.
What is a cookie ? A cookie is a text file placed when visiting a site or viewing an advertisement. Its purpose is to collect information relating to your browsing and to send you services adapted to your terminal, in order to improve your browsing experience.
Article 15: Intellectual property
This entire site is protected by French and international legislation relating to intellectual property. All reproduction rights are reserved.
All of the texts making up the pages of this site cannot, in accordance with the provisions of the French intellectual property code, be the subject of any representation or reproduction, in whole or in part, on any medium whatsoever, without express prior authorization from the Seller. Likewise, the brands, designs and models, trade names and logos appearing on this site are registered. Their total or partial reproduction, made from elements of the site, is prohibited.
The User who has a personal website and who wishes to place, for personal use, on his site a simple link referring directly to the home page of the Site, must request authorization from the Seller. Any other link whatsoever (in particular using the framing or in-line linking technique) is excluded.
Certain IT tools, such as software, are subject to personal and specific usage rights regulating copies, public distributions and rentals. The User can respect the General Conditions of Sale of these IT tools and the Seller cannot be responsible for the uses that could be made of the products in this context.
Article 16: Completeness
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this cannot affect the validity and compliance with the other clauses present within the Terms of Sales.
Article 17: Applicable law – disputes
These General Conditions of Sale are subject to French law.
In the event that the General Terms and Conditions are translated into one or more languages, only the French text will be authentic in the event of a dispute.
If the User acts as a consumer and if the mandatory legal consumer protection regulations of his country of residence contain provisions which are more advantageous for him, these provisions apply independently of the choice of French law.
As a consumer, the User may initiate any legal proceedings relating to these General Conditions of Sale before the competent court of his place of residence or the competent court of the place where the Seller's headquarters is located, in France.
If the Seller wishes to assert its rights against a User who acts as a consumer, it can only do so before the courts of the competent jurisdiction of the User's place of residence. If the User acts as a professional, he agrees to submit to the exclusive jurisdiction of the French courts.
In the event of a dispute related to the interpretation or execution of these General Conditions of Sale, the User undertakes to send his complaints to the Seller at the following address: firstname.lastname@example.org
In accordance with European Regulation 524/2013, the User can file a complaint on the European platform for the resolution of online disputes between e-merchants and consumers: https://ec.europa.eu/consumers/odr
The European Commission will then be responsible for transmitting the complaints to the competent national mediators.
It should be noted that the European Commission's online dispute resolution platform is not available for Users residing in Switzerland or the United Kingdom and more generally for Users residing in non-member countries of the European Commission. European Union.
Article 18: CUSTOMER SERVICES information