Terms & Conditions
Hotels At Home is the provider of goods and services on behalf of Shop Marriott.
The General Sales Conditions hereunder govern the whole relations between the company « Hotels At Home », registered with the Trade office of Pontoise, 477 579 874 at the following address - 163, rue de la Belle Etoile - Business Park Paris Nord 2 - Bât 6B - 95700 Roissy En France - France, whose unique registration code (UGC) registered by the Agency for Ecological Transition (ADEME) is FR025830_10ACTI, hereafter called « Hotels At Home » and customers or people wishing to carry out a purchase either directly on our Internet site or by the means of our catalogue, thereafter referred to as « The Customer ». These conditions apply on an exclusive basis to individuals (no organisations or companies). All relations will be exclusively run by this contract, except any condition beforehand available. « Hotels At Home » reserves the right to modify these conditions at any time. Placing an order implies acceptance of these General Sales Conditions by The Customer.
1 - SUBJECT
The present conditions aim is to define the mutual obligations of both sides within the framework of the sale of products offered by Hotels At Home to its Customer.
2 - ORDER
The Customer is entitled to place an order either directly on the Internet site, or by telephone to our customer service using the references listed in our catalogue. Any order implies the general acceptance of the prices, conditions and specifications of the products. The Customer acknowledges accepting the present Terms & Conditions prior to the validation of his/her order. The registered data collected by Hotels At Home at the time of the order is evidence and proof of a contract between Hotels At Home and The Customer.The Customer also acknowledges accepting UPS, Chronopost and Colissimo General Shipping Conditions, prior to the validation of his/her order. UPS General Shipping Conditions are available upon request or at www.ups.com. Colissimo General Shipping Conditions are available at www.colissimo.fr. Chronopost General Shipping Conditions are available at www.chronopost.com
3 - PRICES AND PAYMENT
Products are supplied at the prices in effect at the time the order is placed. The prices are expressed in the currency displayed on the website at the time the order is placed. Customs duties, local taxes, import licence or Government taxes may be demanded. These rights and sums are at The Customer's total expense as regards declarations as well as payments to the authorities and/or qualified organizations in the country. The orders are payable in the currency displayed on the website at the time the order is placed, by the following payment methods: credit card (VISA, MASTER-CARD, AMERICAN EXPRESS), Apple Pay, Google Pay, PayPal, bank transfer and instant bank transfer. Customers may also pay for their purchases in instalments or by deferred payment through our partner Alma, under the conditions set out below. For payments by credit card, Apple Pay, Google Pay and PayPal, The Customer will be debited the day the order is validated and at the latest the day of shipment of the products. For payments by bank transfer or instant bank transfer, the order is processed and shipped after the funds have been effectively received by Hotels At Home. The products will remain the property of Hotels At Home until the full payment of the goods by The Customer.
Payment in instalments and deferred payment with Alma
Hotels At Home offers its Customers the instalment payment and deferred payment solutions provided by its partner Alma. The provisions set out below, reproduced in italics, apply: Alma's credit service is offered for the settlement of purchases and the execution of payment, subject to the person purchasing the good or service through Alma ("Buyer") accepting the instalment payment or deferred payment agreement. Fees may be charged by Alma. Any refusal by Alma to grant instalment payment or deferred payment may result in the lapse of the contract for the purchase of the good or service ("GSC"), unless the Buyer agrees to pay the purchase amount in full. In the event of termination of the GSC, the instalment payment or deferred payment agreement shall be terminated as of right. In the event of withdrawal from the instalment payment or deferred payment solution used for your payment, the GSC shall be terminated as of right, unless you pay the amount of your purchase in full through Alma. If the product has already been shipped to you, you must return it within the maximum period provided for in these GSC.
Specific provisions for payments in 10 and 12 instalments
The following provisions, reproduced in italics, apply in addition to those above, in accordance with Article L.312-45 of the French Consumer Code: Part of the amount is paid by a credit granted by Alma SAS, a payment institution and financing company authorised by the ACPR under no. 17408 – CIB code. In accordance with Article L.312-50 of the French Consumer Code, in the case of payment in several instalments including the payment of a deposit, the buyer is provided with a receipt on paper or any other durable medium serving as proof and containing the full reproduction of the provisions below (Articles L.312-52, L.312-53 and L.341-10 of the French Consumer Code): Article L.312-52: The contract of sale or provision of services is terminated as of right, without compensation: 1° If the lender has not, within seven days of the borrower's acceptance of the credit agreement, informed the seller of the granting of the credit; 2° Or if the borrower has exercised their right of withdrawal within the period provided for in Article L.312-19. However, where the borrower, by express request, asks for the immediate delivery or supply of the good or service, the exercise of the right of withdrawal from the credit agreement shall entail the termination as of right of the contract of sale or provision of services only if it occurs within three days of the borrower's acceptance of the credit agreement. The contract is not terminated if, before the expiry of the periods referred to in this article, the purchaser pays in full. Article L.312-53: In the cases of termination of the contract of sale or provision of services provided for in Article L.312-52, the seller or service provider shall reimburse, on simple request, any sum that the purchaser may have paid in advance on the price. Article L.341-10: In the cases of termination of the contract of sale or provision of services provided for in Article L.312-53, from the eighth day following the request for reimbursement of any sum paid in advance by the purchaser, that sum shall bear interest, as of right, at the legal interest rate increased by half.
4 - AVAILABILITY
Our offer concerning products and prices is valid within availability from stock. Failure to availability of product, Hotels At Home has the duty to inform the Customer immediately after he acquainted with unavailability of a product. Hotels At Home reserves however the possibility of splitting the delivery of an order in case of temporary unavailability of an ordered product. In case a product is no more available after placing an order, Hotels At Home will credit the Customer credit card once he will be informed of the situation, in case of debit on his credit card, within a maximum if 15 working days.
5 - DELIVERY
The products are shipped to the delivery address provided by the Customer when ordering. The delivery of available products is carried out within a maximum of ten (10) working days (excluding mattresses, bed bases and items made to order). These are usual average lead times and match to the lead time of the process of an order and also with the delivery of products in the European Union countries. Delivery charges are not included and will be specified to the Customer at the time of his order. For any delivery out of the European Union, the lead time and forwarding costs could vary according to the destinations. Additional charges may apply for deliveries to isles (e.g. Isle of Ré, Canary Islands, Balearic islands,…). In case of possibility to deliver items at different dates because of their availability, delivery charges will be registered only once for a single shipment. Shipments are carried out by a forwarding agent. Hotels At Home could not be held responsible for the consequences due to a delay concerning shipment. The Customer must notify to the carrier and Hotels At Home, all issues concerning the delivery (for example: damaged parcel, already opened...) in the following three (3) days upon receipt of the product. It is Customer responsibility to check that the bed of his choice fits and that the delivery location is accessible: street, building, flat, house, staircase, lift, hallways, doorways, and stairs. The provision of a hoist is not included in the delivery service. If Customer lives above the 2nd floor and if the bed cannot be delivered using a lift within the building additional charges may apply. The Customer will be expected to pay additional fees for the removal of any obstacles preventing a successful delivery. If Customer feels that regular delivery conditions cannot be ensured because of any health and safety issues such as a staircase which is too narrow or there is danger of damage to the customer property, contact our Client Services. When purchasing a new mattress and/or bed base for delivery to France or Monaco, you can request the complimentary removal of your old mattress and/or bed base via our delivery agent. Any request for used product removal must be made at the time of your new purchase. Any post purchase requests for used product removal will be denied. The used product being removed must be equivalent to the new product being purchased in function and volume. In other words, purchase of a double mattress would equate to removal of a double mattress, etc. The old mattress and/or bed base must be properly packaged in advance by you in order to be collected by the delivery agent.
6 - RIGHT OF RETRACTION AND REFUND
Pursuant to article L 221-18 of the Consumer Code, as amended by ordinance no. 2016-301 of 14 March 2016, the retraction period is fourteen (14) days, from the day following receipt of the item. No claims made outside this period can be accepted. Clients must exercise their right of withdrawal in writing, by sending a copy of their invoice or confirmation of the order corresponding to the purchase, as well as any document certifying the date on which the products were received (e.g. delivery note), to the following address: eCommerce Logistique - ZAE du Bac des Aubins - Rue de la Tourniole - Bâtiment 2, cellule H - 95820 Bruyères-sur-Oise – FRANCE - Email : contact@hahintl.com. Customer Services agrees to contact Clients within 72 working hours to provide details of the procedure for returning products and the returns number to indicate on the parcel. Clients must place all the products in the parcel or parcels and ensure the parcels to be returned are carefully packed. Products must be returned in their original packaging and in perfect condition. Damaged, soiled or incomplete articles will not be exchanged or refunded. Clients may not exercise their right of withdrawal when the products that are returned are not fit to be sold, due for example to clear deterioration. It is recommended that Clients keep the original packaging for the period covering the withdrawal period. Returns will only be accepted when Clients follow the returns procedure. All returns must be met and paid for by the Client. The Client assumes all transport risks. Returns should be sent to: eCommerce Logistique - ZAE du Bac des Aubins - Rue de la Tourniole - Bâtiment 2, cellule H - 95820 Bruyères-sur-Oise – FRANCE. Upon receipt of the product and having checked both the quantity and the quality, Hotels At Home will proceed, depending on the Client’s preference, either to exchange or refund the product. For faulty products, Clients must provide a detailed written report and return the product to the above address. Upon receipt of the product and having checked both the quantity and the quality, Hotels At Home will proceed, depending on the Client’s preference, either to exchange or refund the product. In this case, Clients will be refunded their postage costs based on the original cost of shipping the item. The refund will be made directly by crediting the Client’s credit card no later than 15 working days following receipt of the product by Hotels At Home. Items are accepted for refund or exchange if returned within thirty (30) days from the day following receipt of the items. As regards the bed (combined base and mattress), before signing the delivery note, Clients are informed that they must carefully inspect the condition of the base and the mattress. If any damages caused during transport are noticed, Clients should reject the entire delivery (both the base and the mattress), otherwise the goods cannot be refunded or exchanged.
7 - WARRANTY
Hotels at Home is subject to the EU Declaration of Conformity, the conditions and applications of which are detailed in article L.217-3 of the French consumer protection law as well as the EU Directives 1999/44/EU of the European Parliament and the Council dated 25 May 1999. In case of an infringement of contract, Hotels at Home will endeavour to replace the goods at no charge to the customer. Where an exchange is not possible the customer can return the goods and receive a refund or keep the goods and receive a partial refund of the costs. Hotel at Home is committed to offering a warranty for goods with defects which are not noticeable, as stipulated in articles 1641ff of the Civil Code. Customers are expressly informed that Hotels at Home is not the producer of the goods presented in the online sales area in line with article 1245-1 of the Civil Code.
8 - RESPONSIBILITIES
The offered products are in conformity with the European legislation. The responsibility for Hotels At Home could not be committed in the event of no respect of the legislation of a country out of the European Union where the products are delivered. It is up to the Customer to check with the local authorities the import possibilities or use of the product which are ordered. The photographs of the products presented on our Internet site and our catalogue are no contractual. Hotels At Home could not be held responsible for the no execution of the contract in the event of flood, fire, of disturbance or all-out strike or partial, in particular of the services of carrier and/or communication.
9 - DATA PROTECTION
The information communicated by the Customer allows Hotels At Home to process and carry out its order. Hotels At Home processes all these data with the greatest confidentiality. In accordance with the French Data Protection Law of January 6, 1978, you may at any time access, amend or object to any of the personal data relating to you by sending a letter with proof of identity to Hotels At Home 163, rue de la Belle Etoile Business Park Paris Nord 2 - Bât 6B - 95700 Roissy En France - France.
10 - APPLICABLE DUTY - LITIGATIONS
In the event of litigation and in the absence of friendly agreement between the parties, the present conditions will be subject to French law. In the event of litigation, the court having jurisdiction will be that of the place of residence of the defendant or, at the request of the plaintiff, that of the effective place of delivery of the product, provided this be in mainland France.
Any consumer has the possibility of using the European online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=EN.
11 – MODIFICATIONS TO THE TERMS & CONDITIONS
Hotels At Home reserves the right to modify the Terms & Conditions at any given time.