Terms of Sale
The site www.hindustan-house.com is created by the SPRL. Hindustan House, whose registered office is at 46, rue Heideken - 1083 Ganshoren-Belgique, registered under number 02 421 045 425.
1. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
Our general conditions of sale reproduced below are applicable to all orders for products and services placed via the site.
The customer is assumed to have read the general conditions of sale in advance of all orders, these being available on the site.
Hindustan House reserves the right to adapt and / or modify the general conditions of sale at any time. The version applicable to this is the one appearing on the Hindustan House site at the time of the order. We therefore point out that placing an order on the site requires acceptance of these conditions of sale, without reservation, by clicking on the button "I have read and accepted the general conditions of sale"
2. SITE INFORMATION AND SITE ACCESSIBILITY
The Site is accessible to all users of the Internet network in principle 24 / 24h, 7 / 7d, except interruption, scheduled or not, by Hindustan House or its service providers, for the needs of its maintenance and / or security or in case of force majeure. (as defined below). Hindustan House cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
Hindustan House cannot guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this regard, he can freely and at his own discretion determine any period of unavailability of the Site or its content. Hindustan House cannot be held responsible for problems with data transmission, connection or unavailability of the network.
Hindustan House reserves the right to modify the Site, for technical or commercial reasons. When these changes do not substantially and negatively alter the conditions for the provision of services, the customer may be kept informed of the changes, but their acceptance is not required.
3. REGISTRATION ON THE SITE
In order to be able to place an order, the customer must first register on the site by creating an account on the platform and including the customer's information.
Hindustan House will validate the client's registration after checking the form and send an email confirming this registration.
When creating the Customer account, it must ensure the accuracy of the data provided. He is responsible for updating this data in the event of any change in personal information. If it turns out that an error in these data has been made, Hindustan House cannot be held responsible for the inability to deliver the products ordered.
By registering on the Site, the Customer declares and guarantees to Hindustan House that he is of legal age and has the legal capacity to contract.
Hindustan House reserves the right to be able to delete the customer's account at any time and for any reason and at its sole discretion.
The products that are marketed are those described on the site on the day of consultation by the customer, but within the limits of available stocks. This information is updated automatically. However, in the event of an error in this update, regardless of its origin, it cannot engage Hindustan House's responsibility. As such, Hindustan House cannot be held responsible for the inability to deliver & nbsp; and for the cancellation of the order in case of exhaustion of stock.
Hindustan House makes every effort to inform the customer as well as possible in the description of its products. Despite this, it is possible that some errors may appear, but Hindustan House is committed to rectifying them as soon as possible.
Order taking is subject to compliance with a procedure that has been put in place on the site and which includes a succession of steps leading to the validation of the order.
The Customer can select as many Products as he wishes which will be added to the basket. The Basket summarizes the Products chosen by the Customer as well as the prices and costs. The Customer may freely modify the Basket before validating his Order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the T & Cs, the Products purchased, their price as well as the associated costs.
A confirmation email summarizing the Order (Product (s), price, availability of Product (s), quantity, etc.) will be sent to the Customer by Hindustan House. For this, the Customer formally accepts the use of electronic mail for confirmation by Hindustan House of the content of his Order. Invoices are available in the "my account" section of the Site.
6. REFUSAL TO PROCESS AN ORDER
Hindustan House reserves the right to withdraw and / or modify at any time any product listed on the site and to modify or replace any content or information appearing on it. Although every effort will be made to meet customer expectations, Hindustan House may have to refuse the processing of an order after having previously sent the customer an order confirmation email;
Hindustan House cannot be held responsible towards the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.
Hindustan House also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order.
7. PRICES AND TERMS OF PAYMENT
Product prices are indicated on the Site in euros, but excluding customs charges and other taxes. Customs charges and other taxes must be paid by the Customer directly to the carrier.
Hindustan House reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the rates in effect at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash upon the actual Order.
Payment for purchases is made via the secure platform of our payment provider PAYPLUG, bank transfers or checks.
PayPlug SAS, a simplified joint stock company with capital of € 255,855, and registered in the Paris Trade Register under number RCS 751 658 881. Head office: 23-25 rue Jean-Jacques Rousseau, 75001 Paris Intra-community VAT number: FR 01 751658881
- E-mail: firstname.lastname@example.org
- Phone: +33 1 76 34 01 55
The Customer expressly acknowledges that the communication of his bank card number to Hindustan House constitutes authorization to debit his Account up to the price of the Products ordered. If applicable, a notification of cancellation of an Order for non-payment is sent to the Customer by Hindustan House to the email address provided by the Customer when registering on the Site.
The data recorded and kept by Hindustan House constitutes proof of the Order and of all past sales. The data recorded by PayPlug constitute proof of any financial transaction between the Customer and Hindustan House.
Deliveries are made by the services of Chronopost, Colissimo, DPD, BPOST and letter followed by the Post Office from Monday to Friday, depending on the option chosen by the Customer when confirming his Order.
Delivery means the transfer to the Customer of physical possession of the Products (the "Delivery").
When Hindustan House takes care of the delivery of the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by Hindustan House.
Delivery is made to the delivery address indicated by the Customer, it being specified that this address must be the residence address of the Customer, a natural person of his choice or a legal person (delivery to his company ). Delivery cannot be made to hotels or PO boxes.
If it is impossible to make the Delivery, due to an incorrect delivery address or the lack of withdrawal by the Customer of his Order from the selected collection point, no reshipment can be made and the Customer will be refunded in a period of fifteen (15) days from receipt of the Order by Hindustan House.
Hindustan House delivers the Orders within a maximum period of principle of six (6) working days for Delivery in Belgium and Metropolitan France and ten (10) working days for Delivery in Europe, this period being counted from the first working day after validation of the Order.
In order for these deadlines to be respected, the Customer must ensure that they have communicated exact and complete information concerning the Delivery address (such as, in particular: street, building, staircase number, access, names and / or intercom numbers, etc.).
Hindustan House cannot be held responsible for the delay in delivery that is not its fault or justified by a case of force majeure (as defined below).
If the Delivery deadline is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request in this regard, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, Hindustan House cannot be held responsible for the harmful consequences resulting from a delay in delivery, only the reimbursement of the Product by Hindustan House being possible to the exclusion of any other form of compensation.
9. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Deadline and modalities for exercising the right of withdrawal
In accordance with article VI.67 of the code of economic law, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from Hindustan House, without having to justify its decision.
In accordance with Articles VI. 45, §1, 8 ° and VI. 64, § 1, 7 ° L.221-5 of the Consumer Code, the exercise of the right of withdrawal can be carried out either by connecting to his customer account in the section "my account / return", or by using and sending the model withdrawal form appended to the General Terms and Conditions of Sale, by mail, to the following address: Hindustan House - Service Returns - 46 Rue Heideken - 1083 Ganshoren-Belgique for by mail Hindustan Houseshop@gmail.com9.2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order with the prepaid return slip provided by Hindustan House when it comes to returning a product from Belgium, without excessive delay and, at the latest, within fourteen (14) days following the communication of its decision to withdraw in accordance with article 46, § 1, 2 °, of the Consumer Code. For returns of a product from a location other than Belgium, Hindustan House does not cover the return costs. Beyond this period of fourteen (14) days, the sale is firm and final.
The Product must be returned in its original packaging, in its original condition, new. To make a return, the Customer must follow the procedure indicated in the email sent to the Customer following his return request made on the customer account in the "return" section. The return of the Products is paid for by Hindustan House if the place of Delivery is in one of the following countries:
Metropolitan France, Belgium.
The return of the Products is the responsibility of the Customer and is done at his risk if the place of Delivery is not in the aforementioned countries.9.3. Reimbursement of returned Products under the right of withdrawal
The reimbursement of the Order by Hindustan House is made at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, reimbursement is made subject to Hindustan House having been able to recover the Products subject to the return and the reimbursement request.
Hindustan House makes the refund using the same means of payment as that which was used for the payment of the Order. If and only if the latter has expired, Hindustan House will approach the Customer in order to make the reimbursement by another means of payment and to the extent that the reimbursement does not incur additional costs for Hindustan House.
In the absence of compliance by the Customer with these T & Cs, Hindustan House will not be able to reimburse the Products concerned. In all cases, the return costs are the responsibility of Hindustan House if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
10. WARRANTIES - LIMITATION OF LIABILITY
The responsibility of Hindustan House with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. Hindustan House will in no way be responsible for the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- data loss
- loss of work or management time
- image damage
- loss of chance, and in particular to order a Product,
- moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, express or implied, with the exception of the guarantees provided for by law.
Hindustan House makes no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise deteriorate a functionality of a computer or interfere with the proper functioning of the same, including any transmission resulting from a download of any content carried out by the Customer, of the software used by the latter to download the content, from the Site or from the server which provides access to it. In this regard, the Customer acknowledges that it is his responsibility to install anti-virus and appropriate security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving to be harmful.
The Customer acknowledges that he assumes all the risks associated with any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.
Hindustan House is only required to deliver Products that comply with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the criteria of quality and resistance which are generally accepted for products of the same type and which can be reasonably expected.
In addition, Hindustan House guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:
Apparent defect - Guarantee - Legal compliance - Hidden defects
When acting as a legal guarantee of conformity, the Customer (i) has a period of two years from the delivery of the good to act, (ii) can choose between repair or replacement of the good, subject to the cost conditions provided for in Article 1641 of the Consumer Code, (iii) is exempt from providing proof of the existence of the lack of conformity of the good during the six months following delivery of the good. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer can decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code and can only choose in this case between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
The presence of an apparent defect in a Product must give rise to a complaint by email (Hindustan Houseshop@gamil.com)
The Customer must comply with the procedure relating to the right of withdrawal by informing Hindustan House in advance by all means of the existence of this apparent defect, so that the return can be accepted
Subject to the validation of a non-conformity or a hidden defect by Hindustan House or the manufacturer as the case may be, the Customer benefits from the following guarantees:
Hindustan House, whose registered office is at 46 rue Heideken - 1083 Ganshoren-Belgique, acts as guarantor within the meaning of the Consumer Code and 1641 and following of the Civil Code.
So the Client:
- has a period of two (2) years from the delivery of the Product to act in the absence of conformity of the Product,
- is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product,
- may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which has proved to be unfit for its use.
The warranty against hidden defects allows the Customer to be protected against hidden defects of the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the Product and request a reduction in the price, or return the Product and request reimbursement of the price paid, in accordance with Article 1644 of the Civil Code.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, with the references of the initial Order and a copy of the complaint to the head office of Hindustan House, after the sending an email indicating the reason for returning the Product.
For all practical purposes, the following legal provisions are recalled:
- Art. L217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility."
- Art. L217-5 of the Consumer Code: "The good conforms to the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted."
- Art. L217-7 of the Consumer Code: “Lacks of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked."
- Art. L217-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. However, he cannot dispute the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which he himself supplied."
- Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer."
- Art. L217-10 of the Consumer Code: “If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use he seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor."
- Art. L217-11 of the Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages."
- Art. L217-12 of the Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the goods."
- Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extracontractual nature which is recognized by law."
- Art. 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lower price, if he had known them."
- Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince himself."
- Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee."
- Art. 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice to return the item and have the price returned, or keep the item and have part of the price returned"
- Art. 1646 of the Civil Code: “If the seller was unaware of the defects in the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale."
- Art. 1648 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. (…)"
In the event of the occurrence of an event of force majeure preventing the execution of these GTC, Hindustan House informs the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment. reception. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. commercial, civil unrest, insurgency, war, act of terrorism, inclement weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship. All the obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Hindustan House or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
All the elements, texts, videos, images of the https://www.hindustan-house.com site are the property exclusive to Hindustan House. Any reproduction is strictly prohibited.
12. RECEIPT OF NOTIFICATIONS AND NEWSLETTER OF INFORMATION
The Customer may, at any time and free of charge, ask us to no longer receive advertising or prospecting by contacting us directly at the address Hindustan Houseshop@gamil.com or by means of the unsubscribe link included in any prospecting that we may be able to do. send him by email. This opposition is without prejudice to the legality of the shipments made before its implementation.
If the buyer is absent on the day of delivery, the deliveryman will leave a calling card in the letterbox, which will allow the package to be collected from the place and during the period indicated.
In accordance with Article L.223-2 of the Consumer Code, the Customer is informed of his right to register free of charge on the list of opposition to canvassing. However, we point out that Hindustan House does not use telephone canvassing. The sole purpose of requesting information on the telephone number is to facilitate the delivery of the Product (s) and to be able to contact the Customer in the event of a problem.
13. PARTIAL INVALIDITY
If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
No tolerance, inaction or inertia of Hindustan House can be interpreted as a waiver of its rights under the terms of the GTC.
15. MEDIATION - APPLICABLE LAW - COMPETENT JURISDICTION
The sale of the Products is subject to Belgian law.
In the event of a complaint not resolved amicably by Customer Service, and in accordance with Article L612-1 of the Consumer Code, the Customer may use the consumer mediation service free of charge - 5 Boulevard Roi Albert II - 1000 Brussels,. The Ombudsman's Service can be contacted for any consumer dispute that has not been resolved.
The Customer can also contact the dispute resolution platform put online by the European Commission at the following address:
In the absence of amicable resolution, any dispute relating to the interpretation of the GTC, to the execution or termination of a sale, to the interpretation, execution or termination hereof is subject, in the absence of agreement amicable, to the legally competent courts.
APPENDIX 1: MODEL WITHDRAWAL FORM
(Complete and return this form as well as the order number only if you wish to withdraw from the contract. We ask you to also specify your order number)
A L’attention Hindustan House - 46 rue heideken - 1083 Ganshoren- Belgium
I notify you by the presence of my withdrawal from the contract for the sale of the property (s) below:
Ordered on …………… .. (date of order) and / or received on …………… .. (date of delivery)
Name of consumer Client:
Consumer Client's Address:
Signature of the Consumer Client (only if this form is notified on paper)
For any information, you can contact Customer Service at Hindustan Houseshop@gamil.com or by phone on + 00 32 (0) 2 424 34 60 (cost of a local call)LEGAL INFORMATION
It is reminded that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and / or software from contamination by possible viruses circulating on the Internet.
Hindustan House, whose registered office is at 46 rue Heideken - 1083 Ganshoren - Belgium, is owned by SPRL Hindustan House.
The director of publication is Nitya Sawhney, legal representative of Hindustan House.
This site was created by Agence Webtao which is also the host:
Centre International d'Affaires
24 Bd Marcel Dassault
Tél: +33 9 70 44 70 15
18. DESIGN AND PRODUCTION
This site was created by Agence Webtao which is also the host: Webtao
Centre International d'Affaires
24 Bd Marcel Dassault
Tél: +33 (0)9 70 44 70 15
Site web: www.webtao.fr
19. PERSONAL DATA AND COOKIES
In accordance with the provisions of law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the site has been declared to the CNIL (Commission Nationale Informatique et Libertés) under the number 2169044.
All the information in your Account is only used within the framework of your commercial relationship with www.hindustan-house.com. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are fully processed by the secure payment module of our partner PAYPLUG.
The information collected by cookies (tracers) during your visit to our website is used for audience monitoring (analysis and statistics of visitors to our site) and for optimized operation of the site (automatic connection, storage and recall of your informations). They are also used by Google and social networks (via the sharing buttons available on the site) to analyze your Internet visit preferences and subsequently offer you suitable advertising content on their sites and partner networks. The personal information recorded via the forms on our website is used exclusively within the internal framework of Hindustan House and will not be transmitted to third parties.
We comply with the framework of the General Data Protection Regulation (GDPR) applicable since May 25, 2018 and your privacy is thus preserved. If you want your personal data recorded via our forms or by telephone to be deleted from our prospects / customers file, you just have to make the request from our contact form. Your information will be deleted and you will no longer receive any solicitation from us.