Terms and conditions of sale

LA SOCIETE COUTELLERIE HIMONNET (hereinafter “Company”) is a limited liability company (Société à associé unique) registered with the RCS of Clermont-Ferrand under no. 891 840 621 – whose registered office is at 3 Route du Château d’eau 63290 PUY-GUILLAUME – FRANCE – SIRET no.: 89184062100017 – VAT: FR 72 891 840 621.

If you have any questions about your order, our company or our services, please contact us by telephone on 06 15 26 20 93 or by e-mail at coutellerie.himonnet@gmail.com.

1 APPLICATION AND ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS

The purpose of the present general terms and conditions of sale is to govern the contractual relations and the sale of Products sold via the website https://www.coutelleriehimonnet.fr website (hereinafter referred to as “the Website”) between SARL Coutellerie Himonnet, whose contact details are given above (hereinafter referred to as “Coutellerie Himonnet”) and any consumer, i.e. any natural person over the age of majority (18 years of age on the date of the order), with full capacity to enter into legal transactions and acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity (hereinafter referred to as “the Customer”).

In accordance with article R. 312-1 of the French Internal Security Code, the sale of edged weapons to minors is prohibited.

The Website is freely accessible to all Internet users, except for certain pages which are accessible only after registration.

These terms and conditions are available on our website.

Before placing an order on the Website, the Customer acknowledges having read the general terms and conditions of sale in force and expressly declares accepting them without reservation by ticking the box stating “I have read and accept the general terms and conditions of sale”.

Consequently, the placing of an order by the Customer on the Himonnet Cutlery Internet Site implies unreserved acceptance of these general conditions of sale (hereinafter referred to as “GCS”). No special condition may prevail over the GCS, unless formally accepted in writing by Himonnet Cutlery.

2 REGISTRATION ON THE WEBSITE

In order to place an order on the Website, access his personal account and view his order history, the Customer must first register on the Website and create a personal account (hereinafter referred to as “My Account”) by filling in the form provided for this purpose on the Website.

2.1 Pre-registration

The Customer will be required to provide certain personal information intended for the implementation and execution of the contract and its follow-up (order, invoice, delivery, commercial guarantee) as well as for the sending of news concerning Himonnet Cutlery and its Products and/or new products or services (legitimate interest of optimizing Himonnet Cutlery’s products and services) without prejudice to his/her right of opposition on the basis of EU Regulation 2016/679. In accordance with the regulations applicable to personal data, the Customer has rights over his personal data as set out in article 16 of these GTC and within the Personal Data Policy.

Mandatory information is indicated by an asterisk. This includes the customer’s title, surname, first name, e-mail address, telephone number, delivery address and password. Other information is provided on a voluntary basis by the Customer.

The Customer undertakes to provide accurate and complete information, and to update this information if any changes need to be made.

By registering on the site and placing an order, the Customer declares that he/she is acting as a consumer and not for the needs of any economic activity whatsoever (profit-making or not).

Himonnet Coutellerie shall not be held liable for the supply of erroneous or inaccurate information that has made it impossible for Himonnet Coutellerie to fulfil its obligations, in particular, but not exhaustively, to deliver orders.

Under no circumstances can Himonnet Cutlery be held responsible for the usurpation of a Customer’s identity, as it does not have the technical means to systematically verify the identity of individuals.

In the event of suspicion of fraudulent use of his identifiers, the Customer must immediately inform Himonnet Cutlery so that the latter may, if necessary, proceed with the deletion of the fraudulent Account and the creation of a new personal space.

2.2. Suppression du Compte Personnel

La Coutellerie Himonnet reserves the right to suspend or cancel the Account of any Customer who has contravened these GTC (in particular but not exclusively when the Customer has knowingly provided erroneous information when registering and setting up his personal space, or in the event of payment incidents during previous orders) after formal notice sent by electronic means has remained without effect.

3 CONTRACT FORMATION

3.1 Placing an order

When browsing our website, the customer can consult the characteristics of our products and services and their prices, add them to the basket, choose the quantity and view the price including all taxes.

The Customer may place orders for :

– after creating an account on our website and logging in during browsing;

– or by creating an account during the order process,

– or as a guest, without creating an account.

Before placing an order, customers can access their shopping cart. They can then check their basket (products selected, quantities, prices), modify it or add to it. The customer will then begin the ordering process by clicking on the “order” button, after having completed the web forms required for invoicing and order confirmation, after having read and accepted our General Terms and Conditions, and finally after having chosen his/her method of payment. After completing the above steps, the Customer will confirm his order by clicking on the dedicated button after entering his payment details.

3.2 Order confirmation

3.2.1 In the event that an order has been placed by a Buyer who is not acting as a consumer or is not of legal age, or in the event that the payment made by the Customer is refused by his bank, our Company may, by simple e-mail, notify the Customer of the cancellation of the order, and refuse to confirm the order if the order confirmation has not yet been issued.

If the price has already been paid, notification of this cancellation will be accompanied by a refund of the price, where this has been paid, by means of a credit to the means of payment used by the Customer.

3.2.2 With the exception of the cases referred to in article 3.2.1, our Company undertakes to send the Customer, as soon as payment has been accepted, an e-mail confirming the order.

This e-mail will contain the information required by article L.221-13 of the French Consumer Code, in particular:

– the essential characteristics of the product(s) purchased;

– the price as defined in article 5 below;

– The standard withdrawal form is attached to these General Terms and Conditions.

Order confirmations with a value of more than €120 including VAT are kept by our company for a period of 10 years on our customer relationship management (CRM) software and are available to the customer on request.

3.3 Right of withdrawal

3.3.1 In accordance with the provisions of articles L.221-18 to L.221-29 of the French Consumer Code, the Customer has a period of 14 days from delivery of the products to exercise his right of withdrawal from our Company, without having to justify his reasons. The period starts at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

3.3.2 The right of withdrawal defined in the present article may be exercised by sending the withdrawal form attached hereto (Appendix 1) or any other unambiguous statement expressing the Customer’s wish to withdraw to the registered office of our Company.

3.3.3 Upon receipt by our Company of the Customer’s decision to withdraw, and provided that the conditions of articles 3.4.1 and 3.4.2 above are met, our Company undertakes to reimburse the Customer for the price of his order within 14 days.

If delivery costs have been incurred by the Customer, the refund will include the delivery costs with the exception of additional costs arising from the Customer’s choice of a more expensive delivery method than the standard delivery method offered by Himonnet Cutlery. The cost of returning the goods will be borne by the Customer.

The refund will be made using the same means of payment as that used by the Customer for the initial order, unless the Customer expressly agrees otherwise and provided that this refund does not incur any costs for the Customer.

The Customer must return the goods to Himonnet Coutellerie without undue delay and, in any event, no later than fourteen (14) days after he has informed Himonnet Coutellerie of his decision to withdraw from the sales contract. This period is deemed to have been respected if the Customer returns the goods before the fourteen (14) day period has expired.

The Customer shall bear the direct cost of returning the goods. The Products must be returned in their original packaging and in the same packaging used at the time of shipment or any other packaging or packaging suitable for the Products, without any trace of use, wear or damage.

The customer is only liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.

3.3.4 The right of withdrawal cannot be exercised by the Customer for personalized Products, i.e. those on which the Customer has chosen to add an engraving of a name, a word or a date (supply of goods made to the consumer’s specifications or clearly personalized; article L. 221-28 of the French Consumer Code).

4 PERSONALIZED ITEMS

Customers can personalize their Products by selecting one of the personalization options available on the Website.

If the customer wishes to have a box of six knives engraved, he must add six engravings to his basket.

A comment area is provided in the shopping cart for the Customer to specify the word, date or phrase they wish to have engraved on the Product. The text must not exceed fifteen (15) characters (including spaces).

Engraving will be carried out in the font selected by the Customer. It is the Customer’s responsibility to check (beforehand and without being able to rely on the absence of a press proof or preview of the visual of this personalization) the shapes and visuals inherent in a font, by carrying out his own research on the Internet if necessary.

5 AWARDS

5.1 The prices of our Products are indicated in euros, all taxes included (VAT and other taxes), excluding delivery costs and customs duties, where applicable. These costs depend on the delivery method chosen and the country of delivery.

5.2 All orders are payable in Euros.

5.3 For countries outside the European Union, the price is indicated without taxes. Any customs duties and value-added taxes applicable in the country where the products are imported must be added. These taxes must be paid directly to the carrier at the time of delivery. No returns will be accepted for non-payment of customs duties. L’Atelier Perceval reserves the right to modify its prices at any time before the validation of the order and without prior notice, in particular according to monetary variations, a modification of the VAT rate and a modification of the suppliers’ prices and in order to be in conformity with the legislation applicable as regards prices.

6 ORDER CANCELLATION OR MODIFICATION

Unless otherwise agreed between the parties, and notwithstanding the right of withdrawal in the case of online or off-premises sales, no cancellation or modification of an order is possible from the moment the order is firm and definitive.

7 TERMS AND CONDITIONS OF PAYMENT

7.1 Payment for your purchases must be made in cash at the time of ordering on the Website or purchase in the store and may be made by secure transaction by bank card (CB, VISA, MasterCard). We do not accept payment by cheque.

7.2 The price is payable in full on the day the order is placed on our website.

7.3 The Customer warrants that he/she is fully entitled to use the means of payment used and that such means of payment provide access to sufficient funds to cover the costs of the order.

7.4 Payment by credit card

The Customer’s bank details (credit card number and expiry date) are encrypted and then processed by our financial partner (hereinafter referred to as the Payment Institution). The Customer guarantees that he/she is fully authorized to use the bank card used and that this bank card gives access to sufficient funds to cover the costs of the order, and undertakes to provide the Payment Institution with accurate information. Himonnet Cutlery cannot be held responsible for an order recorded and paid for using information belonging to the Customer and held by a third party.

7.5 Payment by Alma

The conditions of payment via the Alma website are subject to Alma’s general terms and conditions, which the Customer declares to have read and accepted, and which can be found at the following addresses: https: //almapay.com/fr-FR.

7.6 Payment by Stripe

The terms and conditions of payment via the Stripe website are subject to Stripe’s general terms and conditions, which the Customer declares to have read and accepted and which can be found at the following addresses: Stripe | Online payment platform and solution.

7.7 Payment by gift card

The Customer may use a gift card issued by Coutellerie Himonnet or one of its agents, valid on the website coutelleriehimonnet.fr.

This gift card can be used as long as it has not expired. This date is mentioned on the card or in the order acknowledgement when a gift card is purchased.

The gift card can be used on one or more occasions.

When using a gift card, the customer enters the card details at the basket confirmation stage.

The total amount of the basket will be deducted from the balance of the gift card. If, however, the remaining balance on the gift card is insufficient, only this balance will be deducted from the amount of the order.

The Customer declares that he is the rightful owner and beneficiary of the gift card he is using.

8 DELIVERY

8.1 Delivery times

The Products are delivered to the delivery address indicated by the Customer within a maximum period of 30 working days for delivery in mainland France and 60 working days for delivery outside mainland France from the date of validation of the order and effective receipt of payment by Himonnet Cutlery, unless additional manufacturing time is indicated before the order is placed.

The transfer of risks on the Products takes place as soon as the Products are handed over by Himonnet Cutlery or the carrier to the Customer.

The information communicated by the Customer when placing an order is binding. Any error in the execution of the order due to erroneous or incomplete information entered by the Customer shall in no case be attributable to Himonnet Cutlery. Any additional costs resulting from the Customer’s errors will be borne exclusively by the Customer.

8.2 Receipt of Products

On receipt of the Products, the Customer must check that the Products delivered conform to the Products ordered and that there are no apparent defects.

Without prejudice to the period available to the Customer under his right of withdrawal provided for in article L. 221-18 et seq. of the French Consumer Code, it is the Customer’s responsibility to check the parcel on arrival of the order and to make any reservations and justified claims to Himonnet Cutlery, or even to refuse the parcel if it is likely to have been opened or if it bears obvious signs of deterioration.

Notwithstanding the foregoing, the Customer benefits from the legal warranty and the warranty against hidden defects as set out in article 12.1 and the commercial warranty under the conditions set out in article 12.2.

8.3 Late delivery

For orders that have not been delivered within the specified time, for reasons other than force majeure or attributable to the Customer, the Customer may, if he so wishes, cancel his order in accordance with Articles L. 216-1 et seq. of the French Consumer Code.

9 SCOPE AND LIMITS OF LIABILITY

9.1 Only the information contained on our website (www.coutelleriehimonnet.fr) determines the content and limits of our commitment.

9.2 In the event of any discrepancy between this contractual information and the product ordered, the Customer may only complain if this constitutes a non-conformity within the meaning of the applicable legal provisions.

9.3 Himonnet Cutlery makes every effort to ensure that photographs and descriptions are as close as possible to reality. However, as the Products are unique objects, there may be slight differences (stains, colors, etc.), particularly in the case of natural products.

9.4 Himonnet Cutlery makes every effort to keep its stock of Products up to date. However, given the technology used and the unique nature of certain items, it is possible that products may be unavailable or out of stock. In such cases, Himonnet Cutlery will offer, at the Customer’s option, reimbursement or replacement of the Product. In the event of Products being unavailable and/or out of stock, Himonnet Cutlery will offer the Customer either a similar reference or a refund.

9.5 Our company cannot be held responsible for the non-performance or improper performance of the sales service in the event of Force Majeure, in particular unavailability of the Internet network, impossibility of access to the website, external intrusion, computer viruses, the actions of a third party other than its subcontractors, the actions of the Customer (in particular if the latter arrives after the time indicated in his order confirmation or convocation) or in the event of unauthorized prepayment by the bearer’s bank. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the order at the Customer’s expense, without prejudice to any civil or criminal action against the latter.

9.6 Complaints

9.6.1 All complaints to our Company must be made in writing, either :

– by e-mail to the following address: coutellerie.himonnet@gmail.com

– by registered letter to SARL COUTELLERIE HIMONNET at the address given at the top of this document.

It must be accompanied by the following items:

– a copy of the invoice for the product in question;

– a description of the non-conformity.

Failing this, the claim will not be considered.

9.6.2 This complaint must be made as soon as the non-conformity appears.

9.6.3 On receipt of the Customer’s claim, our Company will check that the claim is well-founded and does not fall within one of the cases of exclusion mentioned in these conditions.

9.6.4 If our Company finds that the conditions for invoking its liability and/or warranty have not been met, it will inform the Customer in writing.

9.6.5 If, on the other hand, our Company finds that the conditions for invoking its liability and/or warranty have been met, it will inform the Customer of its decision as to the nature of the repair it intends to offer, or, where the law permits, will question the Customer as to the nature of the repair desired.

If our Company proceeds with the reimbursement of all or part of the price, it will send this reimbursement as soon as possible.

10 GUARANTEES

10.1 Legal warranty of conformity and hidden defects

The Customer benefits from the guarantee against hidden defects provided for in articles 1641 et seq. of the French Civil Code and the guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code for Products sold by Himonnet Coutellerie.

When the Customer is acting under a legal warranty of conformity :

– He has a period of two (2) years from delivery of the goods to take action;

– He/she is free to choose between replacing the non-conforming Product or reimbursing it, subject to certain cost conditions stipulated in Article L. 217-9 of the French Consumer Code.

– For a period of twenty-four (24) months, the customer is not required to provide proof of the Product’s lack of conformity.

The legal warranty of conformity applies independently of any commercial warranty.

The Customer is entitled to invoke the warranty for hidden defects in the Product as defined in article 1641 of the French Civil Code. In the event of such a warranty being invoked, the Customer is free to choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

Any costs incurred for the return of defective or non-conforming products will be borne by Himonnet Cutlery.

10.2 Commercial warranty

Himonnet Cutlery guarantees all its knives for 2 years from the date of delivery of the Product to the Customer.

Warranty price: 0 euros. Any shipping costs are at the customer’s expense.

Warranty content: cost of spare parts and labour

The warranty does not cover :

– Products that have not been used or maintained in accordance with Himonnet Cutlery’s maintenance recommendations,

– items that have been dismantled,

– oxidation damage.

Implementation of the warranty: Himonnet Cutlery will replace or repair defective parts at its factory or at any other location of its choice. Shipping costs are at the customer’s expense.

Any downtime of at least seven (7) days is added to the remaining warranty period. This period runs from the date of the Customer’s service request, or from the date when the Product in question is made available for repair, if this is subsequent to the service request.

Territorial scope of warranty: worldwide

Name and address of guarantor : Coutellerie Himonnet, 3 route du château d’eau, 63290 Puy-Guillaume, France

Independently of this commercial guarantee, Himonnet cutlery remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 of the French Consumer Code and the guarantee relating to defects in the item sold under the conditions set out in articles 1641 to 1648 and 2232 of the French Civil Code, articles reproduced in the appendix to these GTCS.

11 SPARE PARTS

Spare parts essential to the use of the Products are available from the Seller for 2 years from receipt of the Products.

12 MEANS OF COMMUNICATION

The Customer accepts that exchanges of information between the parties at any stage whatsoever, including pre-contractual, may take place electronically and/or by telephone, and inter alia by e-mail, SMS or MMS. The parties agree that proof of their communications, orders, commitments and payments may be provided by any means, such as computer recordings and/or recordings on any radio or telecommunications terminal by the parties or their service providers, which shall constitute proof between them.

13 INTELLECTUAL PROPERTY

All the structure and content of our site (software, charter and graphic elements, images, sounds, photographs, logos, trademarks, drawings, videos, textual and visual elements, tools,

13.1 documents, data and databases, (together hereinafter referred to as “the Elements”) are our exclusive property or that of our service providers.

13.2 Our Company is therefore the sole owner of the intellectual property rights attached thereto (copyright, neighboring rights, trademark rights, database producers’ rights, software rights), except those belonging to our service providers.

13.3 By accessing our website, the Customer only has a right to use our services for his or her own strictly private and non-profit-making purposes, and under no circumstances has any right whatsoever over the Elements.

13.4 Any use, representation, reproduction, publication, transmission, modification or extraction of all or part of the Elements, in any manner whatsoever (and in particular by the use of a “spider” type data suction robot or by the web scraping method), without our prior written authorization, is prohibited.

13.5 Any violation of this prohibition will engage the civil and/or penal responsibility of its author in particular for counterfeiting and unfair competition.

14 OPPOSITION TO COLD CALLING

All consumers are informed that they have the option of registering on the BLOCTEL telephone anti-solicitation list, which can be accessed via the following link: Bloctel – Consumer area.

15 CASES OF FORCE MAJEURE

Neither party may be held responsible for delays in the performance or non-performance of all or part of its obligations, if such delay or non-performance is due to the occurrence of an event of force majeure.

16 PERSONAL DATA

16.1 By placing an order, the Customer agrees to receive e-mails from us offering services or products related to those already ordered by the Customer.

16.2 The Customer is informed that he/she has the right to register on the telephone anti-solicitation list at www.bloctel.gouv.fr.

16.3 In accordance with applicable legal and regulatory requirements, the Customer has read and accepts the terms and conditions for the processing of his/her personal data, as brought to his/her attention when creating an account, browsing our website, and in any event in our privacy policy available from all pages of our website.

17 MEDIATION

The Customer may have recourse to conventional mediation with the consumer mediator hereinafter referred to as :

PROFESSIONAL MEDIATION COMPANY

24 Rue Albert de Mun

33000 BORDEAUX

Website: https://www.mediateur-consommation-smp.fr/

Mail: saisine@mediateur-consommation-smp.fr[RD1]

18 JURISDICTION

All disputes arising from the reservation of services under these General Terms and Conditions, concerning their validity, interpretation, execution, termination, consequences and consequences, and which cannot be resolved amicably between our Company and the Customer, shall be submitted to the competent courts under the conditions of common law.

For the definition of the competent jurisdiction, our company elects domicile at its registered office.

19 APPLICABLE LAW

All disputes between our company and the customer will be governed by French law, unless the provisions of an imperative regulation lead to the application of another law.

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APPENDIX 1

CANCELLATION FORM

To find out whether you have the right to cancel your web order, please refer to the general terms and conditions of sale.

To be returned by email: to contact@coutelleriehimonnet.fr

or by post by registered letter with acknowledgement of receipt to the following address: 3 Route du Château d’eau – 63290 PUY GUILLAUME – FRANCE

For the attention of the company.

I hereby notify you of my withdrawal from the contract for the reservation of the service(s) below:

Order dated: …../…../…….

Designation of service(s) :

Order amount :

Customer name & surname

Customer address :

Customer’s signature

Date: …../……./……….