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These General Terms and Conditions - hereafter referred as “Terms and Conditions “ - apply to any private, non-commercial purchases made by individuals,“the Customer(s)”( “you, “your”, “they”, “their” ), on this Website www.hexagona.com. This Website is owned and operated by HEXAGONA SARL (« Hexagona », “ us “, “we”, “our”, “the company “), a French company with limited responsibility (Société à Responsabilité Limitée) with a share capital of one hundred thousand (100 000) Euros and registered at Paris Register of Commerce, company registration number 405 270 224. HEXAGONA’S registered office is located 122 avenue de la Plaine de France, 95500 Gonesse (Trade contact number +331 42 72 75 14) .

1 - Object

These Terms and Conditions govern the sales by HEXAGONA, to their Customers, of HEXAGONA branded products (“the products”) available on this Website. The products are purchased, paid for and delivered to the Customer. The Customer is deemed to understand and accept that this Website is dedicated to individuals for private, non-commercial purchases. Trade enquiries from individuals and businesses should be addressed directly to Hexagona’s Sales Department, where specific trade terms and conditions may be offered.

Hexagona takes all reasonable care to display and describe as accurately as possible the Products that appear on the Website and provide the Customer with the best possible information. However, the Customer understands and acknowledges that we cannot guarantee that the colours and details of the products will accurately reflect the product on delivery. Specifications and descriptions of products on this Website are not intended to be binding and are provide only to give a general description of the products.

Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products.

2 - Acceptance of our Terms and Conditions

By using this Website and /or placing an order, you confirm your unconditional acceptance of our General Terms and Conditions. Please read these Terms and Conditions carefully before using this Website. We recommend downloading or printing a copy these Terms and Conditions for future reference.

3- Changes to Terms and Conditions

 Hexagona reserves the right to review or change these Terms and Conditions at any time. Changes made to our Terms and Conditions will apply to every order from the day of implementation of the changes.

If you require any additional information, help or assistance or if you would like follow-up information on a pending order, please contact our Customer Service:

- By writing to HEXAGONA – Customer Service – 122 avenue de la Plaine de France / CS 10051 Gonesse / 95926 Roissy Charles de Gaulle cedex

- By e-mail to: service-clients@hexagona.com

- By phone on: +33 (1) 85 73 34 97 - Our offices are open Monday to Friday 9 am to 6 pm Paris Time. Please note that staff annual leave and Public Holidays may affect our opening hours.

HEXAGONA sells on the internet HEXAGONA branded products. These products are available for sale in Mainland France and Corsica and in a limited number of other countries, where we can deliver.

4 - Ordering & Availability

4.1. Terms of ordering

Orders placed on this Website are for your personal, non-commercial use only. Re-sale of products bought from the Website is not allowed. By placing an order on this Website, you confirm that you are over 18 years old and have the legal capacity to enter into a contract and that you own a bank credit or debit card or aPayPal account. Orders are accepted subject to stock availability. The “double-click”and the associated the authentication and non-repudiation procedures, as well as the protection of all messages, are constitutive of a digital signature. This digital signature is legally binding between the parties in the same way as a written signature.

4.2.Product Availability

All products and prices on the Website are subject to availability. Hexagona will not be liable for lack of stock or discontinued products. The products offered on the Website comply with French laws and standards. The product details are provided as a guideline only. Pictures, texts, graphics, information, specifications and descriptions of products on this Website are non-contractual. HEXAGONA cannot be liable for any errors that may occur. HEXAGONA reserves the right to make changes at any time and without prior notice.

If for any reason, an order cannot be fulfilled owing to lack of stock, you will be advised by email or by phone, at the earliest possible opportunity. In that case you may be offered one of the following options:

- an exchange for another item of the same value or a voucher for the value of the product.

- Part cancellation of the order 

- Full cancellation of the order.

Part or full cancellation of the order will lead to the refund of the product(s) that have been cancelled. In this case, HEXAGONA will send a refund the Debit or Credit card account or to the PayPal account that was used to make the purchase, within a maximum of fourteen (14) working days.

4.3. Registering on the Website 

Creating an account is free. The ID and password used to access the Website are confidential and should not be shared with third parties. After creating the account, Customers will receive an email confirmation of their registration. The Customer can unregister at any time by sending an email to the Customer Service at service-clients@hexagona.com. It is possible for the Customer to create a new account at any time after unregistering. Creating an account is not compulsory to make a purchase on the Website, however please note that only registered Customers with an active account will be able to apply for returns, exchanges or refunds as detailed in section 6 of these Terms and Conditions.

4.4. Confirmation of order

The data obtained by HEXAGONA via the Website, will constitute the proof for the all transactions made between HEXAGONA and the Customer. The contractual information available in French or in the language chosen by the Customer on the Website, will be confirmed by email and at the latest at the time of delivery. It is the Customer’s responsibility to ensure that the information supplied to HEXAGONA is correct and complete. We will not be held responsible for errors or delays when the data supplied by the Customer is incorrect or inadequate. Charges incurred for re-deliveries of orders under these circumstances must be paid by the Customer.

By placing an order, Customers accept sole responsibility for selecting the product(s) supplied by HEXAGONA,that satisfy their particular requirements, having read the full description and information available on the products before ordering. Once submitted, the order is transmitted to HEXAGONA to be processed. Amendment or cancellation of the order is only possible by contacting the Customer Service by phone +33 (1) 85 73 34 97 or email service-clients@hexagona.com and prior to the order being dispatch. HEXAGONA reserves the right to decline to accept an order from a Customer, with whom we have an unresolved dispute related to a previous order or if HEXAGONA has reasonable beliefs that the Customer has failed to comply with these Terms and Conditions or is engaged in fraudulent activity or for any other legal reasons.

4.5. Proof of transaction

HEXAGONA recommends that the Customer keeps a copy of the order details either on paper or in a reliable digital format. Information on previous, current or pending orders can be found on the Website under the Customer’s account, where the Customer can also manage and saved personal information such as address, phone number or bank details.

HEXAGONA will take all reasonable care to ensure that data supplied to our computer system is held securely. This data will be used as proof of all communication, orders and payments made between the parties. The orders and invoices archived on a durable and reliable system can be used as proof.

4.6. Prices

Products are invoiced at the prices shown on the Website at the time of the order. Any order placed on the Website must be paid immediately and at the time of placing the order. We reserve the right to change prices shown on the Website at any time and without prior notice. HEXAGONA is committed to supply the products at the prices shown at the time the order was placed, subject to availability of these products. Prices are shown in Euros, including VAT (for France and EU Countries). If a Customer outside the EU visit the Website, the prices will beshown automatically excluding taxes. For deliveries outside the EU, you or the local recipient may be required to pay additional taxes, fees, levies, import duties and other fees associated with formal customs entry when the good arrive in your country.

The cost of delivery is not included in the product price. The charges will be added to the value of the product as the order is completed, as described in the “Delivery” section.

4.7. Payments

Orders are payable in Euros. The Customer can choose one of the 2 following methods of payment:

- Mastercard or Visa Debit or Credit cards

- via a PayPal account

Payment is taken from the Customer’s Debit or Credit card or PayPal account as soon as the payment is made on the Website. If some items on the order are not available, the product is either exchanged or refunded. See Product Availability section. Payment will be considered completed after the funds have been fully received on our account. The Customer agrees that invoices will only be supplied in an e-format. The order will only be processed and dispatched once the method of payment has been verified and the debit of the card or the PayPal account has been authorised. The date of availability and dispatch will be calculated from the date of receipt of the payment.

If payment is not made within 3 weeks after the email confirmation of the order was sent and despite one or more payment reminder were emailed, HEXAGONA has the right to declare the contract unitarily void and cancel the order. In case the contract is declared void, HEXAGONA will no longer be legally bound to supply the goods ordered and the contract will no longer be legally binding for either parties.

4.8 Risks and Ownership

HEXAGONA keeps full ownership of the products until we receive full payment of all sums due in respect of products, including taxes and delivery charges. The products will be the Customer’s full responsibility, including loss, theft and damages from the time that you take physical possession of the Products. HEXAGONA declines transfer of ownership by the Customer to any third party. Only the Customer can claim under the provisions laid out in these Terms and Conditions.

4.9 Preparation of order

The order preparation time is not included in the delivery time. Orders are prepared within a maximum of three (3) days, subject to product availability. Orders placed on a working day before 9 am French time, are processed on the same day. Orders placed on a working day after 9 am, are processed on the following working day. Order preparation time may occasionally increase during peak activity periods (Christmas, Sales) because of temporary lack of stock or unforeseeable technical or logistical constraints e.g. changes of stock locations or force majeure events.

5 - Delivery

5.1.Delivery options – Delivery Areas – Timeframes

Products are sent to the delivery address supplied by the Customer when the order was placed. HEXAGONA will not be liable for errors caused by inadequate information being supplied and for the resulting delayed or incorrect delivery. Under such circumstances, any additional costs necessary related to the re-delivery must be paid by the Customer.

When placing the order, the Customer will be able to select a delivery option amongst the options available on the Website. These options are:

France:
- Colissimo service. The standard Colissimo delivery charge is 7.90€. Orders above 49€ are delivered free of charge. Delivery time is 48 to 72 hours  on working days - after despatch from our warehouse.

European countries :
- Colissimo service. The standard Colissimo delivery charge is 10€. Orders above 200€ are delivered free of charge. Delivery time is 3 to 7 working days - after despatch from our warehouse.

DOM-TOM :
- Colissimo service. The standard Colissimo delivery charge is between 12€ and 18€ according to delivery zone. Delivery time is 5 to 10 working days - after despatch from our warehouse.

Guideline cost for a parcel weighing 2 kilos.

* Germany, Belgium, Luxembourg, the Netherlands, Austria, Spain, Portugal, Italy, Ireland, Estonia, Lettonia, Lituania, Slovakia, Slovenia, Finland, Cyprus, Malta, Denmark, Netherlands, Poland, Czech Republic, Sweden, UK, Croatia, Bulgaria, Romania, Hungary, Norway, Iceland

Delivery costs will be calculated on the basis of the products ordered, the delivery option chosen by the Customer and the country of delivery. The delivery costs are to be paid by the Customer and are not included in the price of the product purchased.

Colissimo deliveries are made by the French mail service. If the recipient is not at home to take the delivery, the parcel will be held at the collection office, nearest to the delivery address. Parcel that have not been claimed in the required timeframe, will be returned to HEXAGONA within 10 working days. We will not be liable for any delays caused by the absence of the recipient or if the parcel is not claimed within the required timeframe.

HEXAGONA is not liable for any delays of delivery due to errors or issues caused by the carrier, including part or full strike affecting the carrier or other transport or communication services.

If HEXAGONA is unable to process an order of due to a Force Majeure event, a fortuitous event– as described under the French jurisprudence - or any other external cause, such as an error made by the Customer, the delivery time will be extended by the full duration of the event. HEXAGONA will inform the client by email of the occurrence of any such event and also when this event comes an end. If the event lastsfor over four (4) weeks, either party will have the right to cancel the order without HEXAGONA being liable for the payment of damages to the Customer.

5.2. Delivery Problems

If a delivery is delayed or not made within eight (8) working days from despatch for France and within sixteen (16) working days from despatch for Europe, it must be immediately be reported to the Customer service, either by phone +33 (1) 85 73 34 97 or by email sent to service-clients@hexagona.com. Claims made over thirty (30) calendar days after the order was placed, will not be accepted.

Any discrepancy on the delivery (incident, product listed on the delivery note but missing on receipt, damaged parcel or damaged products…) must be described in writing on the delivery note and supported by the Customer’s signature. The Customer must also inform the Customer Service by sending an email to service-clients@hexagona.com or by phone +33 (1) 85 73 34 97

If the products purchased are faulty or don’t meet the Customer’s satisfaction, the Customer can return the product or apply for refund under the terms described in the following section « Returns and Refunds »

6 - Returns and Refunds

In compliance with the French consumer legislation, you may return any unwanted products during the first fourteen (14) days of receipt, for full refund of the purchase price, without having to provide the reason for the return or facing any charges, except return costs. This right of withdrawal can be applied to all or part of products received, provided that the products are returned complete, in their original condition and packaging, undamaged and unworn. If the 14th day of the withdrawal period falls on a Saturday, a Sunday or a Bank Holiday, the withdrawal period will be extended to the first following working day.

To make a return or obtain a refund, the Customer must be registered on the Website and have an active account prior to the purchase being made. Any purchase made via a guest account, e.g.when the Customer is not registered on the Website, will not be eligible to benefit from the rights described in section 6 of our Terms and Conditions.

If the product(s) to be returned were purchased as a gift, the Customer who placed the order is the person who must apply for the return and not the recipient of the gift. Exchanges and refunds are only applicable for products purchased on this Website and during fourteen (14) calendar days from the receipt of the parcel.

 6.1. Returns requests

Products purchased on the Website can be returned following the return procedure below:

- The Customer must have created an account on the www.hexagona.com Website and this account must be active.

- Product returns must be accompanied by the purchase invoice, delivery or return notice.

- Products must be returned in their original condition; unused, free of any damages -even the slightest - and perfectly clean.

- Products must be returned in their original packaging, including protective bags and labels.

- Products must be returned to the following address, with the return number clearly marked on the box:

HEXAGONA

E-shop HEXAGONA

122 avenue de la Plaine de France

CS 10051 Gonesse 95926 Roissy Charles de Gaulle cedex

95926 Roissy Charles de Gaulle cedex

France

Return costs will only be refunded in case of incorrect, faulty or damaged products on receipt (product code error, faulty /damaged product …) In any other situation, the costs of return must be paid by the Customer. If only part of the products delivery is to be refunded, transport costs will not be refunded.

If the above conditions are not met, HEXAGONA reserve the right to refuse the return and the products will be sent back to the Customer, who will not have the option to received an exchange or refund. It will be entirely HEXAGONA’s discretion whether the products returned are in their original condition.

Return requests are made via the Customer account on the Website (Order History and Details). To complete the return procedure, the Customer will be asked to select the product(s) to be returned and state the reason for the return. The request will then be sent to HEXAGONA for validation. HEXAGONA will inform the client by email whether the Return is accepted and if validated, a return number will be issued.

Then, the Customer will be able to download a return notice from the Website, via the Customer account. The notice must be included in the parcel to be returned to HEXAGONA.

In compliance with the French legislation (Law Hamon), you may exert your right of withdrawal by contacting our Customer Service during the first 14 days following the purchase. You can access the Withdrawal form on our Website, under “My Account”, “My Returns”, “Withdrawal Form”.

For orders outside France, HEXAGONA strongly recommend that you use registered mail, recorded delivery or any other secure method of delivery from a reputable carrier, retaining the receipt until you have received the credit for the returned items. For orders within the France, we recommend returning products by Colissimo, with signature on delivery and declared insured value or additional insurance if applicable, so the products are insured for their actual purchased value. HEXAGONA will not be liable for any damages related to the return of goods (loss, theft, errors of address, delated delivery, damaged parcel etc.)

Please note that we do not offer exchanges for alternative items, colours or sizes. Should you wish to receive an alternative product or colour, please place a new order on the Website.

6.2. Refunds

In compliance with the French consumer legislation, you may return any order during the first fourteen (14) days of receipt, without having to provide the reason for the return or face any charge, except return costs. The Customer will receive a refund as soon as possible and within a maximum of thirty (30) days from the notification of the withdrawal. Refund will be made via the payment method used by the Customer for the purchase (credit, debit cards or PayPal) and for the price paid for the products, including any taxes or delivery charges. Return costs must be paid by the Customer.

6.3. Incorrect or Faulty Products

The Customer must inform our Customer Service about faulty or incorrect products within a maximum of 2 working days of the receipt. Products will be considered faulty or incorrect on receipt if they do not match the characteristics or quality described on the order form (product code, damaged product…). Claims sent after the specified period will be rejected without appeal. Besides, claims related to incomplete delivery or errors made by the transport company can only be considered if appropriate comments were made on delivery notewhen the delivery was taken.

HEXAGONA must be informed of any claim, either by phone +33 (1) 85 73 34 97, by email sent to service-clients@hexagona.com or by completing a return form in your Account on the Website, stating that one or several products are incorrect or faulty.

If the return request is accepted by HEXAGONA, a return reference number will be given to the product(s) to be returned and the Customer will be informed. A product can only be returned once the return reference number has been provided and according to the return procedure described in section 6.1 Return Requests, above.

HEXAGONA reserves the right to confirm that returned products are incorrect or faulty upon inspection. If the product is confirmed faulty or incorrect, HEXAGONA will refund the client.

Return costs will be refunded if, and only if, the return has been accepted based on incorrect or faulty product having been delivered originally.


7 - After-Sales and Repair Services

HEXAGONA’s After Sales Service can only deal with products purchased on the Website. Requests regarding products purchased in stores or any other stockists of the brand will not be considered by the After Sales service.

7.1. Repair

Products available on the Website are guaranteed for 1 year from the date of purchase. Repair request can only be considered within the competence of our After Sales Service and are consequently limited to the following situations:

- Problems with stitching

- Torn lining

- Breakage or loss of metal parts; hooks, rings, rivets, zips …

- Faulty zip.

HEXAGONA is not responsible for the normal changes and wear and tearthat will occur naturally with leather such as discoloration, colour transfer, stains, scratches … Consequently, we cannot carry out any restoration of the leather.

HEXAGONA reserves the right to refuse repairs that fall outside the competences of our After Sales Service or if the product shows normal signs of wear and tear, misuse or inappropriate care or if damages are accidental.

Noticeable exceptions:

- Replacement of the leather tab : the return of the product is not necessary. Our After-Sales Service will be able to send a replacement directly to the client by post.

- Lobster Clasp or strap : if the problem is only related to a lobster clasp or strap, the return of the bag is not necessary. Our After-Sales Service will be able to send a replacement strap directly to the client by post.

7.2 Procedure

1- The Customer must contact the After-Sales Service by email to service-clients@hexagona.com with their full contact details, order number as well as a description of the problem and if necessary photographs supporting the claim.

2- Our After-Sales Service will assess the Customer’s request and respond by return with the most suitable offer given the situation, such as repair, supply of spare part … and subject to the request meeting the conditions detailed above.  

3- The Customer will respond by return of email to service-clients@hexagona.com, stating the order number and whether they accept the offer. If the first offer is rejected by the Customer, the After-Sales Service will re-assess the request and the procedure re-starts from step 1.

4- Once the After-Sales Service offer is accepted by the Customer, the procedure offered will be put into action.

Please contact our After-Sales Service or return a product to:

HEXAGONA

Service après-vente HEXAGONA

122 avenue de la Plaine de France

CS 10051 Gonesse 95926 Roissy Charles de Gaulle cedex

95926 Roissy Charles de Gaulle cedex

France

Transport costs related to sending products for repair must be paid by the Customer. For Customers outside France, HEXAGONA strongly recommend that you use registered post, recorded delivery or any other secure method of delivery from a reputable carrier, retaining the receipt until you have received the credit for the returned items. For Customers in France, we recommend sending repairs by Colissimo, with signature on delivery and a declared insured value or additional insurance if applicable, so the products are insured for their actual purchased value, in case of loss or damages. HEXAGONA will not be liable for any damages related to the return of goods (loss, theft, errors of address, delated delivery, damaged parcel etc...)

If the repair is requested during the warranty periodof the product, the After-Sales Service will endeavour, whenever possible, to carry out repairs free of charge and to return the product to the Customer within fifteen (15) working days from the day of receipt.

Repair requests made outside the twelve (12) months warranty period, will be subject assessment by our After-Sales Service and invoiced according to the cost of repair needed and subject to prior agreement from both parties.

8 - Intellectual Property Rights

All intellectual property rights for any content of the catalogue of HEXAGONA.com, including photographs are owned by us or our licensors.

All content of this Website including text, graphics, including text, graphics, software, photographs and other images, videos, sound, trademarks and logos are the property of HEXAGONA.

In compliance with Copyrights and Intellectual Property Rights, you may not reproduce any part of the content or information located on this Website or in any way distribute, publish, modify, create derivative works from or sell any content contained with this Website.

The HEXAGONA brand and any other trademarks and logos used on the Website, protected or not, as well as the “hexagona.com” domain name are and remain the property of HEXAGONA. It is strictly forbidden to reproduce, distribute, transfer, modify or use any trademarks or logos for any purpose, without prior written permission of HEXAGONA.

9 - Guarantees

9.1  Legal Warranty against Latent Defect.

HEXAGONA is liable, within reason, against any latent Defect affecting a product supplied if the defect makes this product unfit for purpose or reduce the use of the product in such way that had the Customer been aware of the defect, they may have decided not to purchase the product or only at a reduced price. Under this warranty, the Customer who can prove the existence of Latent Defect, can elect either full refund if the product is returned or partial refund if the product is not returned. Claims for Latent Defect must be made by the Customer within two (2) years of finding the defect.

9.2  Content

HEXAGONA cannot and do not guarantee that :

- any content of HEXAGONA.COM will be free from viruses, Trojan Horse and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability;

- the information on this Website is complete, accurate and current.

We make or give no representation or warranty as to – amongst other things but not restricted to this– the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of HEXAGONA.COM. This Website and its content is made available to you on an “AS IS” basis and “subject to availability”.

To the fullest extent permitted by law, all express or implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Website or relying on any of its content.

10 - Liability

The photographs and text featured and describing the products presented on this Website are non-contractual. Consequently, HEXAGONA is not liable for any errors present in any photographs or texts.

HEXAGONA shall not liable to any user or any parties for any damage, be material, immaterial or corporal, or any loss of business, profits or turnover resulting from the malfunction a or mis-use of the products sold, whatever way they may arise and even if this damage or loss may have been foreseeable by HEXAGONA or if our attention had been drawn to the risk of this happening. This also applies to any changes to the products made by suppliers.

HEXAGONA reserves the right to cancel an order due to a computer bug, processing error, hacking or any internal or external malicious acts. HEXAGONA must inform the Customer of the cancellation of the order. Please inform us of any errors by email to service-clients@hexagona.fr.

Without limitations to any previous sections, HEXAGONA’s liability in regard to the present Terms and onditions cannot exceed the amount paid for the transactions from which the liability is deemed to arise, whatever cause or action it may be. HEXAGONA shall not be liable, if for any reason your order cannot be fulfilled owing to lack of stock, non-availability of a product, force majeure, disturbances arising from part or full strike affecting particularly postal, transport or communication services.

11 - Personal Data

HEXAGONA may collect Customer’s personal data that are provided by filling out forms on our Website or by Cookie files. You may disactivate Cookies by following your browser’s instructions. Any personal data gathered by HEXAGONA may be used to process the orders placed on the Website, manage the Customers accounts, analyse orders and prevent card payment fraud. If the Customer has selected this option, the data may also be used for mailing or marketing purposes such as newsletter, sales promotions and/or information on special events or sales, unless the client decides not to receive this type of information from HEXAGONA. Customers can at any time unsubscribe through their account or by clicking on the link provided on every promotional email. We may at times share your information with certain trusted third parties or service providers that are involved the transactions processes as well as HEXAGONA’s Customer services and management.

In accordance with French Data Protection Act (Loi Informatique et Libertés du 6 janvier 1978), the Customer has a right to access, amend, correct or delete information we hold about them. To exercise this right, the Customer should send an email to service-clients@hexagona.com

 12 - Law, Jurisdiction and Language

If you have a complaint, please address it to HEXAGONA, as we will always try to resolve it.

This Website and related General Terms and Conditions have been translated from French. All contracts are concluded in French. Any content contained within this Website and any contract brought into being as a result of the usage of this Website, are governed and constructed in accordance to the French law. Any dispute regarding the validity, terms and interpretation or execution of these Terms and conditions will be submitted to jurisdiction of the French courts. The Customer agrees to submit to the exclusive jurisdiction to the French courts.

HEXAGONA reserves the right to seek and apply for injunctions and courts orders to protect their rights according to the present Terms and Conditions.