General Sales Conditions
HAVILAND (hereinafter referred to as the "Company" or “HAVILAND”) is a French manufacture who creates, designs and markets porcelain pieces in the fields of tableware, decorative art, and the art of living. French-style worldwide under the “HAVILAND” brand. It has acquired great notoriety in the world for the exceptional quality of his creations for more than 170 years. HAVILAND can sell products of “Europ Felix” or “EF” brand too, which is a French goldsmith brand attached to the same brand’s group as HAVILAND.
HAVILAND ensures, in particular, the marketing of certain parts to non-professional customers, through its website www.us.haviland.fr hereinafter "www.us.Haviland.fr" or "the Site").
In order to meet its customers' wishes to best possible effect, in addition to the boutiques run by it and its distribution network, the Company has set in place a system for the distance selling of a selection of items by telephone and the Internet
Article 1 – Scope of application
These standard terms and conditions of sale are applicable to all sales concluded at a distance through the intermediary of the Company's website, which is identified by the domain name "www.us.haviland.fr " (hereinafter referred to as the "Website"):
- by accepting orders placed by customers who are natural persons (as distinct from legal entities) acting as a consumer (as understood by the law and case law), who habitually reside in the territory of the United States,
- with a view to delivering to these same customers, on their own account, or to any third party of their choice who also normally resides within this territory and whose capacity is likewise that of a consumer (as understood by the law and case law).
All sales of items carrying the Company's brands effected through the intermediary of the Website are subject to these standard terms and conditions of sale, which the customer accepts. These terms and conditions may be modified or updated; the terms and conditions applicable to an order placed by a customer are those in force on the day on which the order is placed.
Article 2 – Identification of the company making the offer
The website www.us.haviland.fr belongs to HAVILAND Company (hereinafter "HAVILAND") which operates it and whose head office is located at 22 Rue de la Trémoille, 75008 Paris, France TEL: +33 (0) 1 42 66 36 36, FAX: +33 (0) 1 42 66 45 63; S.A.S, with capital of 6,670,064€ registered in the Paris Trade and Companies Register under number 347 994 337, NAF 2341Z, intra-community VAT number FR 56 347 994 337.
The US subsidiary of HAVILAND is HAVILAND USA INC which head office located at 41 Madison Avenue – Suite 604 – New York, NY 10010,
Each Customer can contact Haviland directly by:
Tel: 646.692.6861 – Fax: 646.692.6860
Email: firstname.lastname@example.org – www.us.daum.fr - www.us.haviland.fr
Article 3 – Information concerning items and limitation of liability
3.1 Information (categories, corporate names, definitions, reproduction of items, detailed descriptions: properties, characteristics and composition, etc.) concerning all items carrying the Company's brands offered for sale at a distance is available (within the limit of available stock), in accordance with the legal and regulatory provisions applicable, in HAVILAND point of sales and on the Website.
While taking the utmost care and ensuring the maximum degree of accuracy when placing information and descriptions of the various items online and in regards to the data available on the Website or from HAVILAND point of sales, and regularly updating the said information, descriptions and data, the Company cannot accept liability for any non-substantial errors that may occur. In the same way, although photographs and other reproductions of the items for sale represent them faithfully on the Website and in HAVILAND point of sales, within the limits of the available techniques and in accordance with best market standards, they may nevertheless contain non-substantial errors. The customer acknowledges this and accepts it. At all events, if an item delivered is not in conformity with its description, the Company undertakes to correct this error, as provided in Articles below.
The customer acknowledges being fully informed of HAVILAND’s and “Europ Felix” or “EF” manufacturing methods, which is recognized for its artisanal know-how. Aware of this aspect, the customer accepts that the items may not all be exactly identical given the technical specifications, materials and colors of the publisher and that there may be variations. The customer acknowledges having taken cognizance of all the technical conditions and constraints of manufacture and marketing proposed by HAVILAND for the piece, do not call for any criticism or opposition on his part.
3.2 More generally, the Company cannot be held liable:
- for interruptions or delays noted by the Customer Relations Department or on the Website owing to the carrying out of maintenance work, or owing to technical breakdowns, force majeure, or to a third party or to any circumstances whatsoever outside of its control;
- if it is impossible for either the customer or the Company to contact the Customer Relations Department and/or momentarily impossible to access the Website, owing to facts or actions outside of the Company's control, such as computer breakdowns, interruptions of the telephone network or the Internet network, or faults affecting the hardware or software that enables reception of the said Internet network, etc.
Article 4 – Conditions concerning the placing of an order for items
4.1 In order to place an order with the Customer Relations Department or on the Website, the customer must have reached the age of majority, must usually reside in the territory of the United States, enjoy legal capacity and hold a credit card as defined in Article 9 below.
Orders received will be accepted within the limit of the available stocks. To that end, the customer will be informed at the time of accepting the order, either by the Customer Relations Department, or on the Website information page describing each of the items:
- of the availability of the item;
- or, in the event of temporary unavailability of the item in question, of the possibility of ordering it with a view to subsequent delivery within the timeframe specified on this occasion.
If, despite the Company's vigilance, the items ordered are no longer available, the Company will inform the customer of this by any appropriate means (telephone call or email) as soon as possible.
4.2 The Company is committed to respect your privacy.
4.3 The Company reserves the right, to refuse to accept any abnormal order and in particular : (i) placed by a customer with whom there is an outstanding dispute relating to the payment of a previous order; or (ii) that is not compliant with these standard terms and conditions of sale.
If the Company notes that the order does not meet these standard terms and conditions of sale (for example: an inaccurate delivery address, or an order that exceeds the order thresholds), it will inform the customer either directly on the Website, or by telephone, or by means of an email. If the customer fails to contact the Company in order to correct any inaccurate items of information or information given in his/her order that is contrary to these standard terms and conditions of sale, the Company reserves the right to purely and simply cancel the order and the corresponding payment.
Article 5 – Orders placed by telephone with the Customer Relations Department
Telephone orders can be placed with the Customer Relations Department, at 646.692.6861 (toll free), from Monday to Friday, from 9am-5pm (East coast)/ 6am-2pm (West coast).
Once the customer's bank has debited the customer's bank account, the order will be directly forwarded to the Company department responsible for preparing orders for dispatch.
All orders placed in this context are binding on the customer.
Article 6 – Orders placed by Internet on the Website
Orders placed on the Website are subject to strict compliance with the procedures described below, which are confirmed by a succession of different screens on which the successive steps that the customer must imperatively follow in order to validate his/her order are duly displayed.
6.1 Step one: the customer selects the items he/she wishes to buy
On the Website, the customer selects, registers and validates the identification and quantity of the items that he/she wishes to order (whose availability will be confirmed, if this is the case, by the Company); these items will be added to his/her "Shopping Bag".
6.2 Step two: verification of the items selected
The customer may freely modify online his/her "Shopping Bag " containing the items selected, remove an item initially selected, modify the quantities ordered or alternatively add an item by clicking on the corresponding elements placed at his/her disposal in the "Shopping Bag ". The price of the items selected will be automatically displayed in the "Shopping Bag ", as defined below in Article 8.
6.3 Step three: confirmation of the items selected and validation of the order
Once the customer has made his/her selection and wishes to validate the contents of his/her "Shopping Bag ", he/she must next identify himself/herself:
- If he/she has an account on the Website: by his/her email address (user ID) and password;
- If he/she does not have an account on the Website: by his/her name, address of usual residence to which the order will be invoiced to him/her, telephone number.
The customer must also validate:
- the delivery address for the order, it being noted that the said address may correspond to the usual place of residence in the United States, of a third party beneficiary chosen by the customer or, failing this, the address of the company in which the third party beneficiary pursues his/her professional activity if this is located in the same territory;
- the dispatch method opted for (express or standard post), with shipping costs outlined on the page;
- and, lastly, the chosen payment method.
Once all this information has been duly recorded and validated, the price of the items, as defined in Article below, taxes and the shipping costs, if any, will be automatically displayed.
After communicating the number of his/her credit card, in accordance with the provisions of Article below, the customer must then click on the "VALIDATE MY PAYMENT" button in order to debit his/her bank account.
The authorization to debit his/her bank account issued by the customer's bank will then be displayed. The customer is advised to register and/or make a print-out of this debit authorization. Once the customer's bank has authorized the debiting of his/her bank account, his/her "Shopping Bag " will be directly forwarded to the Company department responsible for preparing orders; the customer will then see his/her order number displayed.
This order will be binding on the customer as from the time when the "Shopping Bag ", duly filled and validated by the display of the registration page for the order, is received by the Company.
6.4 Step four: The Company's acknowledgement of receipt of the order
The Company will then acknowledge having received the order by means of an email sent to the email address communicated by the customer. The customer formally agrees to the Company's using an email for the purpose of confirming the content of his/her order.
This confirmation email will note all the information communicated by the customer and will indicate, where relevant, any difficulties or reservations concerning the order (availability of the items ordered, delivery timeframes or payment method chosen). It will give the order number allocated to the customer by the Company.
6.5 Step five: dispatch of the items
At the time of dispatch of the items ordered to the delivery address chosen by the customer, the Company will send the latter an email informing him/her of the said dispatch and the debiting of his/her payment, as provided in Article below.
Article 7 – Proof of the order
Generally speaking, it is expressly agreed between the Company and the customer that emails exchanged by the parties will hold good and be held to be authentic, as will the automatic registration systems used by the Customer Relations Department or used on the Website, especially as concerns the nature and date of the order. This information will be made available to the customer on his/her sending a request to that effect to: email@example.com.
The customer is nevertheless advised, in the case of orders placed on the Website, to also keep a copy (in the form of a computer record and/or a paper print-out) of the various items of information relating to his/her order (for example, the email sent by the Company as provided for in Article 6.4 above).
Article 8 – Price of the items
The prices communicated by the Customer Relations Department or displayed on the Website are given in U.S. Dollars and do not include all taxes applicable or delivery costs.
The prices displayed are those in force at the date of the order.
The amount of the transport costs, if any: (i) will be communicated to the customer by telephone by the Customer Relations Department; (ii) will be automatically displayed, if relevant, on the Website at the time of the validation of the dispatch method chosen by the customer, as stipulated in Article above, and will also be communicated to the customer at the time of confirming his/her order by email.
At the time of delivery, the customer will receive written confirmation of the price paid for each item and the delivery costs charged.
Article 9 –Payment terms
The customer's purchases will be paid for by credit card. The following credit cards are accepted by the Company: Visa, Mastercard, and American Express cards. Cards issued by banks domiciled outside of the United States must be international credit cards. In this context, the customer undertakes to effect payment via a credit card of which he/she is the holder, which mentions his/her identity (first name and last name).
For phone purchases, the customer will inform the Customer Relations Department by telephone of his/her credit card number and/or his/her bank details. For online payment on the Website: the customer will access a secure server operating in SSL mode (128 bits) that has been certified by a Certification Authority in accordance with secure banking standards. The customer must provide his/her credit card number and/or his/her bank details by filling in the online payment form.
The customer unconditionally agrees in advance that the Company may complete the secure transaction in question. The customer therefore authorizes his/her bank in advance to debit his/her account with a view to any registrations or statements forwarded by the Company, even in the absence of invoices signed by the holder of the card. The authorization to debit the customer's account is always given only for the amount of the item/ items bought.
The customer's credit card will then be debited after verification that his/her order is in conformity with these standard terms and conditions of sale, and after having checked the availability of the item(s), at the time of the dispatch of the latter by the Company. If, for any reason whatsoever (objection, refusal on the part of the issuing center, etc.), debiting the sums payable by the customer proves to be impossible, the order will not be processed by the Company and/or will be cancelled.
Article 10 –Delivery
Items can only be delivered:
- either to the customer's usual place of residence;
- or to the delivery address indicated by the customer at the time of placing his/her order, it being pointed out that this address must correspond to the usual place of residence of a third party beneficiary chosen by the customer who normally resides in the United States or, failing this, to the address of the company in which the latter pursues his/her professional activity, provided that this is located in the same country as that of the said third party's usual place of residence; it is understood that the items cannot be delivered to hotels or post office boxes.
Once payment of the amount payable for the items ordered has been duly recorded, these items will be delivered to the delivery address indicated by the customer. To that end, the latter undertakes to have communicated an exact delivery address to the Company.
The items ordered will be delivered:
- either on the date or within the timeframe indicated to the customer by the Company and, at the latest, within thirty (90) days of the date of the order;
- or within the timeframes notified to the customer in the case of temporary unavailability of the item in question and accepted by the customer: (i) at the time of placing his/her order with the Customer Relations Department by telephone; (ii) at the time of adding an item in his/her "Shopping Bag" prior to acceptance of his/her order.
The Company will deliver the items ordered by standard or express carrier as chosen by the customer. Deliveries will take place exclusively in the United States.
Article 11 – Reservation of title
THE COMPANY RESERVES THE OWNERSHIP OF THE ITEMS DELIVERED UNTIL SUCH TIME AS THE PRICE HAS BEEN PAID IN FULL, IN PRINCIPAL AND INTEREST. PAYMENT WILL BE COMPLETED ONCE THE PRICE HAS EFFECTIVELY BEEN DEBITED. IN THE CASE OF TOTAL OR PARTIAL NON-PAYMENT, THE COMPANY MAY ISSUE A FORMAL CLAIM IN RESPECT OF THE ITEM OR ITEMS DELIVERED BY THE COMPANY TO THE CUSTOMER.
Article 12 – Returns
The customer may return an item previously purchased on the Website via the section "Return request" without having to justify his/her decision, within thirty (30) days as from the time of receiving the items. The customer acknowledges that he/she has been informed and accepts that he/she may not return personalized items, for items made to his/her specifications and/or revised or altered at his/her request.
The customer must then return the items delivered:
- either by following the various different steps of the procedure, as described on the Website, in the context of which all the costs of returning the items will be met by the customer, within the limit of one dispatch of returned items per order;
- or by any means chosen by them, at his/her own expense.
Customer is advised to keep any proof of having returned items, which presupposes that the items will be returned by the customer by recorded delivery or any other means that allows a specific date to be established.
At all events, the return of items that have been delivered must be made by the customer:
- within thirty (30) days as from the time of purchase
- The Items must be returned complete, new and unused
- In their original packaging (complete and in the right direction that will afford the items in question a protection during their return transport), in perfect condition that enables them to be put back on sale by the Company, unused, and accompanied by all the accessories and documents provided with them (notice, warranty, certificate of authenticity, etc.) and the delivery slip enclosed with the items delivered.
Reimbursement of the price invoiced for items returned will be processed by crediting the customer's bank account within, at the latest fourteen (14) days as from the time when the Company receives the said items and carry out a quality control. Any personalized, revised or altered item, or any item returned in a damaged, used, incomplete or soiled condition, may not be refunded or exchanged.
Article 13 – Conformity – warranty
The customer must ascertain that the items delivered to them correspond to his/her order. If the items delivered are not the items that were ordered, the customer is advised to:
- inform the Company of this as soon as possible, either directly on the Website under the heading "Return request", or by means of a telephone call made to the Customer Relations Department (at the number and during the times indicated in Article above), or by means of an email sent to: firstname.lastname@example.org explaining why the item is not in conformity with his/her order,
- and return the items in question in their original packaging (complete and in the right direction that will afford the items in question a protection during their return transport), in perfect condition that enables them to be put back on sale by the Company, unused, and accompanied by all the accessories and documents provided with them (notice, warranty, certificate of authenticity, etc.) and a copy of the delivery slip enclosed with the items delivered,
- following, in order to facilitate the Company's processing of the returned item, the various different steps of the procedure as described on the Website, in the context of which all the costs of returning the item will be met by the customer, within the limit of one dispatch of returned items per order.
If the customer organizes the return of the said items himself/herself, by means chosen by him/her and at his/her own expense, he/she is advised to keep any proof of having returned the items by recorded delivery, or by any other means that allows a specific date to be established. The cost of returning the item will be met by the Company, provided that the Company agrees that the customer is right in claiming that the item returned is not in conformity with his/her order, further to the latter's having sent proofs of the said costs to the Company. They will then be reimbursed by crediting the customer's bank account accordingly.
If it is not possible to exchange the item returned, reimbursement of the price invoiced for non-compliant items that have been returned will be affected by crediting the customer's bank account within, at the latest, fourteen (14) days as from the Company's receipt of the returned items and quality control by the Company.
All returns should be sent to Daum-Haviland, 499 Park Avenue, New York, NY 10022 unless otherwise specified by The Company.
Article 14 – Force majeure
The Company's performance of all or part of its obligations will be suspended in the event of the occurrence of an act of God or a case of force majeure which prevents or delays their performance. The Company will inform the customer of any such act of God or case of force majeure within seven (7) days of its occurrence.
If this suspension of the Company's performance of its obligations continues for more than fifteen (15) days, the customer will have the ability of cancelling the order in course. In this case, the customer will be reimbursed by the Company as soon as possible by crediting his/her credit card used in the transaction.
Article 15 – Non-renunciation
The fact that at any given time the Company abstains from enforcing the performance of any of the provisions set forth in these standard terms and conditions of sale cannot be interpreted as constituting renunciation of the possibility of subsequently invoking the said total or partial non-performance.
Article 16 – Validity of the standard terms and conditions of sale
Should any of the provisions of these standard terms and conditions of sale come to be declared wholly or partially null and void, the other provisions and all the other rights and obligations resulting from the said standard terms and conditions of sale will remain unchanged and will continue to be applicable.
Article 17 – Disputes - Applicable law
This Agreement is governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement will be exclusively brought in the appropriate court in New York County and You agree to submit to the personal and exclusive jurisdiction of the courts located in New York County.