TERMS AND CONDOITIONS OF SALE - DELIVERY TO BELGIUM

General terms and Conditions of Sale - PREAMBLE

These General Terms and Conditions (referred to below as “GTC”) are concluded exclusively between (1) any person making a purchase (hereinafter referred to as “you” or “the Customer”) on the www.hesperide.com website (hereinafter referred to as “the Site”) and (2) Dépôt Bingo, a French simplified joint stock company whose registered office is located at Parc d’Activité de la Belle Assise, 60480 Oursel-Maison, registered at the Beauvais Trade and Companies Register under the number 491 127 254, duly authorized to use the trademark “Hespéride” (hereinafter “Hespéride”) and the domain name “hesperide.com” which are owned by the company JJA (parent company of Dépôt Bingo).

By accepting the present, you guarantee that you fulfill the conditions to create an account and to order on the Site, being a physical person aged at least of 18 years old who acts for purposes which do not enter in the framework of a commercial, industrial, artisanal and/or liberal activity, and you guarantee that you have the full and whole legal capacity to contract and to carry out an online order on the Site.

The Customer and Hespéride agree that their relationship is exclusively governed by these GTC to the exclusion of any other conditions of sale, in particular GTC of the stores which sell Hespéride products via other distribution channels.

In this respect, you acknowledge having been informed in a legible and comprehensible manner of these GTC, prior to placing your order and concluding the contract, as well as any mandatory information.

At any time Hespéride might adapt or modify these GTC. Each order will be considered as validated according to the terms of the GTC in force at the day when the order was placed on the Site, the date of the publication of the GTC on the Site being considered as the date of their coming into force.

For any questions related to an online order, the Customer shall join the Customer Service as follows:

• Either directly on the Site, through the contact form: https://support.hesperide.com/
• Or by phone at +33 3 52 88 02 55, Monday to Friday from 9 am to 5 pm,
• Or by mail at the following address: HESPERIDE - CUSTOMER SERVICE - ZAC de la Belle Assise - 60480 OURCEL-MAISON - France.

In order to comply with French Environmental Code, below is detailed the list of the unique identifiers evidencing our subscription to the relevant agreed French eco-organizations:

ARTICLE 1. VALIDATION OF THE ORDER

The purpose of these GTC is to govern any sale contract concluded on the Site between you and Hespéride. To place an order on the Site (the ‘Order’), you will be guided through the following steps:

• Selection of the products to be bought by adding them to the Basket,
• Presentation of the summary of your Order which can be modified on the ‘My Basket’ page, and its total price (excl. delivery costs),
• Option to create an account to track orders, or to order as a guest,
• When possible, depending on your country of delivery, choice of the delivery method for products with the associated price,
• Choice of the payment method with details of the associated conditions,
• After final validation of your Order, you will receive an e-mail confirming that the Order has been registered and payment has been accepted.

The email validating the Order confirms the acceptance by Hespéride of your Order and confirms the formation of a sale contract between the Parties. Consequently, subject to the right of withdrawal exercised under the conditions provided for under Art. 6, you cannot cancel an Order that has already been confirmed.

All communications between you and Hespéride being essentially made through email exchanges, it is crucial that you provide Hespéride with a valid and regularly updated email address. Otherwise, Hespéride cannot be held responsible for the consequences resulting from the communication of an erroneous or out-of-date email address.

Unless proven otherwise, the information recorded on the computer servers of Hespéride when placing your Order constitutes a valid proof of the formation of the at-a-distance contract between you and Hespéride.

ARTICLE 2. VALIDITY OF OFFERS - PRODUCT AVAILABILITY

The products displayed on the Hespéride website at any given time are, in principle, considered to be available in stock at such time, except for limited time offers under a particular operation specifically referred to as such on the product page.

However, the availability is definitively controlled after acceptance of the payment of the Order and will be confirmed through the sending of the shipment email by Hespéride.

In case of unavailability of one or several products, Hespéride undertakes either to suggest you an alternative delivery date or to refund them by re-crediting the payment method used within 14 calendar days following the payment of the Order.

The product and price offers are displayed at the time of the Order confirmation on the Basket page of the Site. Thus, only the total price as stated on the Basket page corresponds to the price invoiced to the Customer at the time of the payment of the Order (excl. delivery costs which are detailed after entering your delivery address).

ARTICLE 3. PRICE

The prices displayed on the Site are expressed in euros. They include all charges that might be applicable at the date of consultation of the said offers. VAT which will be applied is the VAT applicable on the date of confirmation of the Order. Apart from VAT, specific taxes which might apply according to any regulations are indicated only on the relevant product description page and on the Basket page.

All the product prices displayed on the Site are exclusive of any delivery or assembly costs or any other ancillary services. They only include the price of the product and its packaging, if any.

Hespéride might change prices from time to time, but prices displayed at the time of the Order confirmation will be applied, subject to product’s availability at such date.

ARTICLE 4. PAYMENT

4.1 TERMS OF PAYMENT

Whatever the method of payment chosen among those accepted on the Site, Orders will be considered as confirmed only after validation or reception of the payment as the case may be.

Therefore, until the payment has been validated by the partner chosen by the Customer, or until Hespéride has received confirmation of the bank transfer, the Order will not be prepared by our services.

You must read the General Terms and Conditions of Sale or Terms of Use of our partner managing the payment method you have chosen, and you might have to accept them. These General Conditions of Sale or Terms of Use can be directly consulted on the website of such partner.

In any case, Hespéride shall not be held responsible for the conditions set by these partners.

4.1.1 Payment by credit card

Payment can be made using the different credit cards detailed on the Site payment page.

Online payment by credit card is secure and allows the card number, expiry date and security code to be entered in a protected manner. The credit card details are encrypted tanks to the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted on the network. The payment is made directly to the bank. Our teams have no access to this information and cannot keep it on our servers. Consequently, such information will be requested for each new transaction on the Site.

4.1.2 Payment by PayPal

Payments by PayPal are allowed on the Site and are made through PayPal and according to its own General Conditions of Use of the PayPal Services as published on the PayPal site.

4.1.3. Payment by bank transfer

You can choose to pay through bank transfer any Order above €500 (excluding delivery costs).

When you use this method of payment, Hespéride’s bank account details (IBAN details) will be detailed in order to allow you to make the bank transfer. The Order number associated with your bank transfer should be specified, as indicated at the time of payment.

 4.1.4. Payment in several instalments

Alma's credit service for payment in three (3) or four (4) instalments of any Order comprised between €50 and €5000 is also available. The payment shall be executed depending on the Customer's acceptance of Alma's GTU and Privacy Policy.

In the event of the Customer's withdrawal from the Alma payment facility, only the terms and conditions provided by Alma relating to the right of withdrawal shall apply.

Any refusal to grant Alma's credit service for an Order may result in the cancellation of the Order.

Any termination of the GTC between the Customer and Hespéride, leading to the cancellation of the Order for any reason whatsoever, shall result in the termination of the credit agreement between Alma and the Customer.

When using Alma's credit services, the Customer hereby accepts that the amount of the Order shall be paid by a credit including management fees amounting to 1.4% of the total amount of the Order (including delivery costs).

Alma is a telepayment manager and issues an electronic certificate which will be considered as proof of the amount and date of the transaction in accordance with applicable law. The security of payments is ensured by Alma and its service providers. All payments are protected by 3D Secure.

Any complaint related to the credit service must be made to the following address: https://help.almapay.com/hc/en-gb

In addition, the Client has the right to have recourse to mediation with the mediation services of AFEPAME

4.2 PREVENTING FRAUD

Hespéride might decide to check the validity of the payment before the Order is shipped by all appropriate means (such as identity documents or proof of address).

In addition, Hespéride uses the services of an antifraud solution called Hipay to prevent fraudulent purchase payments.

4.3 PAYMENT INCIDENT

Hespéride might refuse to carry out a delivery or carry out an Order subject to an ongoing payment dispute.

In case of proved fraud, Hespéride might remove any access to the Customer without prior notice or compensation.

ARTICLE 5. DELIVERY

5.1 ORDER PREPARATION DELAY

Hespéride might ask a third-party to manage all or part of the preparation and the shipment of the Order.

Where products are deemed to be available in stock when Order was placed, your Order will be prepared within 48 working hours from the first working day following the Order confirmation as defined under these GTC. Therefore, any Order confirmed on a Saturday, a Sunday or a bank holiday will be processed on the next working day.

5.2 ORDER DELIVERY DELAY

Hespéride will choose the most adequate delivery method according to the nature of the product, and its weight and volume.

The delivery times cannot exceed 30 working days from the confirmation date of the payment by the Customer (confirmation date of the Order).

Delivery might be delayed without Hespéride being held liable for it in case of an event of force majeure, as defined by applicable law.

Delivery delays stated on the Site always start from the Order confirmation, they never include the delay to control your payment which might delay the delivery of the Order. The expected delivery date is stated on each product description page and upon finalization of the Order process. This time limit is indicative, it is based on an average time limit depending on the delivery company used to deliver an Order in mainland France.

In case you are not available at the agreed time of delivery, you shall contact the delivery company in order to reschedule the delivery.

For home delivery, you will have to specify the timeslots when you are available to receive the Order. The delivery company or our Customer Service will contact you to schedule a delivery date. Nor Hespéride nor the delivery company shall be held liable for any delay in delivery if you are absent from home at the agreed time of delivery.

Order will be delivered at the address you have filled in as your “delivery address”. In case delivery address filled in is erroneous or incomplete, Hespéride shall not be held liable for any consequences in terms of delay or if the delivery is impossible. Any costs incurred for reshipping the Order will be fully charged to you in such a case.

5.3 DELIVERY TRACKING

At any time, you will be able to follow your Order by connecting to your Account on the Site with the order number received in the email confirming your Order. Order tracking details, for each delivery method, will include the delivery steps, shipping and delivery status.

If you have confirmed the Order as a guest, you might track the delivery of your Order through the Order number sent in the email to confirm the Order.

5.4 DELIVERY AREAS

Delivery areas cover exclusively: metropolitan France (incl. Corsica), Belgium, Luxembourg and the Netherlands.

5.5 TERMS OF DELIVERY

5.5.1: Delivery methods

Delivery is made in full or in part, which might be decided by Hespéride depending on the products ordered. Hespéride will choose the delivery methods according to the nature, weight and volume of the products ordered.

Depending on the country where your Order will be delivered, delivery options might be: home delivery, in-store delivery or delivery to a relay point, in accordance with the delivery terms.

After validation of the delivery method and before payment of the Order, a summary of the Order will be displayed on the Site, including the delivery method options available for the products added in the Basket, if the case may be. Cost of the delivery services will be displayed before payment of the Order.

Once the Order has been duly prepared and is ready for shipment, an email detailing the shipment of each part of the Order, as the case may be, will be sent to you.

5.5.2: Terms for each Delivery method

→ In-store delivery:

This option is only accessible for deliveries in France and will depend on your delivery address. Contact details of the stores offering these services will be provided after you enter your delivery address if you have selected in-store delivery, if the case may be. In this case, you will also have access to the opening hours of the chosen store.

With in-store delivery, you will have to load your vehicle yourself and under your full liability. In this view, you should check whether the size of your vehicle is large enough to hold the packages. No help nor any equipment will be provided by the store, except if the store is specifically offering to help loading the packages.

Once the Order has been delivered to the Store, you have 14 calendar days during which you can pick up your packages. If you fail to do so, the Order will be sent back to Hespéride. The Customer Service will contact you by email to re-send the Order at your expenses. If you do not reply within 7 days of the sending of such email, the Order will be cancelled and we will process a refund, except for the delivery costs which are borne by you.

→ Delivery to a relay point

If possible, subject to your country of delivery, you might choose the delivery of your Order to a relay point. Relay point locations will be proposed depending on your address. Contact details of the relay point will be given upon selection of this option. You might access to the opening hours of the relay point at this stage.

With delivery to a relay point, you will have to load your vehicle yourself, under your full liability. You should check whether the size of your vehicle is large enough to hold the packages. No help nor any equipment will be provided by the relay point.

Once the Order has been delivered to the relay point, you have 14 calendar days during which you can pick up your packages. If you fail to do so, the Order will be sent back to Hespéride. The Customer Service will contact you by email to re-send the Order at your expenses. If you do not reply within 7 days of the sending of such email, the Order will be cancelled and we will process a refund, except for the delivery costs which are borne by you.

→ Home delivery

Home delivery can be done either in letterbox when possible (for small package and subject to your country of delivery) or by a delivery company at the foot of your building, or in front of the door of your house depending on the case. This is always meant without assembly of the products. The delivery company is in no case entitled to enter your home for the delivery.

Most of the Hespéride’s products being massive, you should take into consideration any relevant information on how to access your home, your garden, or any other possible access routes (doors, stairs, windows, balcony, terrace) for your packages.

When your Order is validated, the delivery company will contact you to schedule a delivery date. If you are absent from home on the agreed delivery date, the delivery company or our Customer Service will contact you to schedule a new delivery time.

If the Order delivery is impossible due to your absence, Order will be sent back to Hespéride. Our Customer Service will contact you to re-send the Order at your expenses. If you cannot be reached, the Order will be cancelled and we will process a refund, except for the delivery costs which are borne by you.

Any defect noticed at the time of delivery should be notified by you on the delivery documentation. Such notification is intended to state the existence and extent of damage at the time or during delivery. You must indicate as many details as possible with any relevant observations, notification should be dated and signed by you. For example, these defects might be:

• Damaged product (scratches, bumps, impacts)
• Product not compliant in kind (reference, color) or in quantity.

5.6 DELIVERY COSTS

The delivery costs invoiced are calculated considering the delivery address and the weight of the packages.

The delivery costs are stated in euros with all taxes and charges, including the VAT rate applicable on the day of delivery.

The delivery costs are automatically adjusted when a new product is added to the Basket, on the basis of a delivery in metropolitan France. Costs and delivery methods associated with your products can be checked on the Order summary page.

Specific offers of free shipping are valid only for shipments in continental France, unless specifically stated otherwise.

ARTICLE 6. RIGHT OF WITHDRAWAL - 30 DAY-RETURN POLICY

6.1. CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL

→ Time limit - You have 14 calendar days to exercise your right to withdraw, without having to justify any reason. This period starts the day after your Order is delivered.

For Orders for several goods delivered separately or goods with multiple lots or parts which are delivered separately over a specific period of time, the delay runs from the receipt of the last item or lot or part.

→ Exercising the right of withdrawal - To exercise your withdrawal right, you must inform Hespéride of your decision by sending the standard withdrawal form as reproduced in Appendix to these GTC, or any other unambiguous statement expressing your wish to withdraw. This shall be done before the expiration of the period of 14 days referred to above.

 → Exclusions to the right of withdrawal - In compliance with applicable law, the right of withdrawal cannot be used for the following contracts:

1. Supply of services fully performed before the end of the withdrawal period, the performing of which started after the consumer’s prior express agreement and express waiver of his right to withdraw;

2. Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;

3. Supply of goods made to the consumer’s specifications or clearly personalized;

4. Supply of goods likely to rapidly deteriorate or to expire;

5. Supply of goods unsealed by the consumer after delivery and which cannot be returned for hygiene or health reasons;

6. Supply of goods which are, after delivery and due to their nature, mixed with other items and can no longer be separated from them;

7. Supply of alcoholic beverages whose delivery is postponed for more than 30 days and of for which it has been agreed on at the conclusion of the contract that the value is depending on fluctuations in the market beyond the control of the trader;

8. Maintenance or repair work to be carried out urgently at the consumer’s home and specifically requested by him or her, within the limits of the spare parts and work strictly necessary to respond to the emergency;

9. Supply of audio or video recordings or computer software unsealed by the consumer after delivery;

10. Supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;

11. Concluded at a public auction;

12. Provision of accommodation services, other than residential accommodation, transportation services, car rentals, catering or leisure activities that must be provided on a specific date or for a specific period;

13. Supply of digital content not provided in a physical medium, whose performance has begun after the consumer has given his or her specific prior consent and has specifically waived his or her right to withdraw;

14. Bet and lottery service contracts.

6.2. 30 DAY-RETURN POLICY

Without prejudice to your right of withdrawal under Art. 6.1, you may benefit from our 30-day return policy. The 30-day delay starts from the delivery date of your Order. In the event of abnormal, repeated or fraudulent returns on your part, we may reject the return of your Order and refuse you to place a new Order.

6.3. CONDITIONS FOR RETURNING A PRODUCT - REFUND CONDITIONS

6.3.1 Conditions relative to the state of the product - The product must be returned in a state allowing its immediate resale. It must therefore be returned in its original condition, together with all the instructions and any accessories with which it was delivered and in its original packaging.

You may be held liable in the event of depreciation of the products resulting from handling other than these which are necessary to establish the nature, characteristics and proper functioning of the products. Hespéride might refuse to refund a product if all these conditions are not met.

6.3.2 Terms for returning a product – You must return the product to Hespéride without excessive delay and, in case of withdrawal, at the latest within 14 days following the notification of your decision to withdraw. In order to do so, you should contact our Customer Service by using our contact form.

• In the drop-down menu, select: ‘Subject of your request/I have a question about a past order’
• Please give any relevant information to organize the return of your Order.

You might also use our chatbot accessible from any page of the Site.

Physical return of the products is organized in the same way as initial delivery:

• In-store or relay point deliveries, when possible: you will have to print the labels to be placed on the package.
• Home delivery through a delivery company, Hespéride will contact the delivery company on your behalf. Costs to be paid to the delivery company shall be borne by you.

6.3.3 Refund terms - Hespéride shall refund you for all sums paid including delivery costs, without unjustified delay. When the right of withdrawal is exercised, the refund shall occur at the latest within 14 days from the date on which Hespéride is informed of your decision to withdraw. Refund might therefore be differed until the products are recovered by Hespéride or until you have provided a proof of shipment of these.

Refund will be done using the same means of payment as the one you used to pay the Order, unless you have expressly agreed for another means of payment. Hespéride is not required to refund any additional costs if you have expressly chosen a delivery method more expensive than the standard delivery method offered by Hespéride.

ARTICLE 7. LEGAL WARRANTIES - AFTER-SALES SERVICE

7.1 LEGAL WARRANTIES

In the event of a lack of conformity, the Customer has a period of 2 years from the delivery of the products to request the implementation of the legal warranty of conformity. The Customer is only required to establish the lack of conformity in such a case, not the date when it appeared.

The legal warranty of conformity allows the Customer to choose between repairing or replacing the affected product. However, Hespéride is not required to apply the choice of the Customer if this choice involves a cost that is clearly disproportionate compared to the other choice, taking into account the value of the product or the extent of the defect. In such situation and unless it is impossible, Hespéride will apply the method not chosen by the Customer.

If a product is repaired or replaced under this legal warranty of conformity, the initial warranty period continues from the time of repair or replacement of the product.

The Customer may obtain a reduction in the purchase price or the termination of the contract with a full refund against return of the product in the following cases:

1° The seller refuses to repair or replace the product;

2° The repair or replacement of the product may not take place within a reasonable period;

3° The repair or replacement of the product causes a major inconvenience for the Customer;

4° The product is still non-conform despite an unsuccessful attempt from the seller to bring it into conformity.

The Customer is also entitled to a price reduction of the product or to a rescission of the contract if the lack of conformity is so serious as to justify it immediately.

The Customer might not rescind the sale if the lack of conformity is minor.

Any period during which the product cannot be used for repair or replacement suspends the remaining period of the legal warranty until the product is returned.

The Customer also benefits from the legal warranty against hidden defects at the end of the 2-year legal guarantee (Art. 1641 and subsequent of the Belgian Civil Code). To invoke hidden defects, Customer must provide proof of the existence of a defect at the time of sale.

This warranty allows a price reduction if the Customer keeps the product, or a full refund when returning it. 

Warranties exclusions:

Warranties might not apply in the following cases:

•            Any abnormal, unusual or inappropriate use of the product,

•            Any use for professional purposes,

•            Any apparent defect brought to the Consumer’s attention, upon which he or she has expressly agreed at the time of purchase, and all minor defects which do not make the product unfit for use,

•            Wear and tear and the natural aging of products,

•            Use of abrasive or unsuitable maintenance or cleaning products,

•            Non-compliance with safety precautions, advice and instructions for use, assembly, maintenance, storage, preservation or protection of the product,

•            Addition or replacement of parts which are not compliant with those recommended by Hespéride,

•            Any modification of the structure of the product itself,

•            Any repair carried out on the product which are not within the scope of the Warranty.

In addition, the Warranties cover the right to repair, the replacement or refund of the product, but does not cover any consequential damage.

7.2 EXERCISE OF THE WARRANTIES - CUSTOMER SERVICE

To benefit from the Warranties, the product’s purchase invoice and any accessories delivered with the product shall be kept.

For any information or question, the Customer can contact the Customer Service:

• Either directly on the Site, through the contact form: support.hesperide.com
• Or by phone at +33 3 52 88 02 55, Monday to Friday from 9 am to 5 pm,

Or by mail at the following address: HESPERIDE - CUSTOMER SERVICE - ZAC de la Belle Assise - 60480 OURCEL-MAISON - France.

ARTICLE 8. LIABILITY – FORCE MAJEURE

Hespéride cannot be held liable for any inconveniences or damages inherent to the use of the Internet network, such as any interruption of service, external intrusion or the presence of computer viruses or any force majeure event.

In addition, Hespéride cannot be held liable if the Order is not completed or if it is prevented from complying with any of its obligations where a force majeure event occurs and, in particular, in the event of adverse weather conditions or supply difficulties preventing the delivery of the Order.

ARTICLE 9. COMPLETENESS

If any of the clauses of these GTC is declared null and void by a change in legislation, regulations or court decision, this shall not, under any circumstances, affect the validity and enforceability of any remaining provisions of the GTC.

ARTICLE 10. ENTRY INTO FORCE

These GTC are applicable from their publication date to any Order placed on the Site.

ARTICLE 11. PROOF

The computerized registries saved on the computer systems of Hespéride and/or of its partners in reasonable security conditions will be considered as proof of the communications, and of Orders and payments made between the Parties.

ARTICLE 12. KEEPING AND ARCHIVING TRANSACTIONS

Purchase orders and invoices are saved and archived on a reliable and durable support corresponding to a faithful and durable copy within the meaning of the applicable law.

ARTICLE 13. DISPUTES

These GTC are subject to Belgian law.

In the event of a dispute, the Customer and Hespéride shall initially attempt to resolve it amicably. In case of failure of amicable settlement, you can contact the European Consumer Center Belgium: https://www.eccbelgium.be/

You can also visit the European platform for settling consumer disputes set up by the European Commission at the following address: https://webgate.ec.europa.eu/odr/.

In all other situations, the Belgian courts will have jurisdiction.

APPENDIX: SAMPLE WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)

To the attention of HESPERIDE - CUSTOMER SERVICE - ZAC de la Belle Assise - 60480 OURCEL-MAISON - France

I/We (*) hereby notify my/our (*) withdrawal from the contract relating to the sale of goods (*)/services (*) as follows:

 - Ordered on (*)/ Received on (*)

- Name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if notifying this form on paper):

- Date:

(*) delete as appropriate

DATE OF PUBLICATION: AUGUST 2023