Any online purchase made on the website himbashoes.fr is subject to prior knowledge and acceptance of these General Terms and Conditions of Sale (hereinafter "GTC").

These General Terms and Conditions are concluded exclusively between (1) the company SARL ZIDEBA DESIGN, registered under number FR02928017847, whose registered office is located at 8 Rue René Coty, 85000 La Roche Sur Yon, in its capacity as publisher of the website himbashoes.fr (hereinafter Himba Fashion) and (2) any natural person making a purchase on the website www.himbashoes.fr (hereinafter referred to as the “Customer”).

The Customer hereby formally declares that he is an individual, a natural person who has the status of consumer within the meaning of the introductory article of the Consumer Code, that he is of legal age or holds parental authorization and that he has full legal capacity to contract and place an order online on the website www.himbashoes.fr (hereinafter "the Site").

The Client and Himba Fashion agree that their relationship is governed exclusively by these General Terms and Conditions.

Himba Fashion reserves the right to adapt or modify these General Terms and Conditions at any time. Each order will be deemed to have been placed under the terms of the General Terms and Conditions in force on the day it is placed on the Site, the date the General Terms and Conditions are posted online being the effective date.

For any questions regarding an online purchase, the Customer can contact Himba Fashion Customer Service:
– Or, directly on the site, via the contact forms.

ARTICLE 1: PRODUCTS

In accordance with Articles L. 111-1 and L. 111-3 of the Consumer Code, the essential characteristics and prices of the products offered for sale on the Site are available on it.

The Products are offered within the limits of availability displayed on the Site.

ARTICLE 2: ORDERING ON THE SITE

The creation of a personal account is an essential prerequisite for any order by the Customer on the Site.

In this context, the Customer must provide their first name, email address, and password. The Customer may also optionally provide their date of birth. This information is personal data processed in accordance with Himba Fashion's Privacy Policy.

Registration for the personal account is also done by providing login details (email address and password chosen by the Client). The Client acknowledges that their login details and password are strictly personal and confidential. They are therefore prohibited from communicating or sharing them with third parties.

In the event of suspected fraudulent use of their identifiers, the Customer must immediately inform Himba Fashion by email via the following address: himba.shoes.store@gmail.com

In all cases, the online provision of the bank card number or other banking information and the validation of the order and its payment will constitute proof of the entirety of said order, in accordance with the provisions of Law No. 2000-230 of March 13, 2000 adapting the law of proof to information technologies and relating to electronic signatures, and will constitute the due date of the sums committed by the order.

The Customer undertakes to provide accurate information. The provision of false information making it impossible for Himba Fashion to fulfill its obligations, including, but not limited to, delivering orders, cannot incur the latter's liability as a result.

To place an order on the Himba Fashion Site, the Customer will be guided through the following steps:
– Selection of products on the Site in the “Basket”;
– Summary of products ordered, delivery costs and price;
– identification of the customer or creation of an account under the conditions mentioned above;
– Choice, when offered, of the delivery method for the products displayed:
– Choice of collection point if applicable, or indication of the delivery address in the case of home delivery
– Presentation of the order summary, allowing the order to be modified and indication of its total price,
– Choice of payment method,
– Unreserved acceptance of the T&Cs by ticking the box “ I have read and accept the general terms and conditions of sale ”. Checking this box will be deemed to have the same value as a handwritten signature of the Customer;
– Sending an order validation email to the Customer confirming their registration after acceptance of their payment, which includes the following information:

• The price of the products;
• The quantity to be delivered;
• The date of the order;
• Delivery costs where applicable;
• The payment method chosen by the Customer;
• The statement that the Customer has a right of withdrawal.

Any Order implies an obligation to pay.

In the event that the Customer does not receive any email following their Order, it is their responsibility to contact Himba Fashion customer service in accordance with the procedures described in article 16 of the General Terms and Conditions.

Himba Fashion cannot be held responsible in any way in the event of an input error or transmission of an input error attributable to the Customer and preventing the delivery of the confirmation email and/or the Order.

ARTICLE 3. VALIDITY OF OFFERS – AVAILABILITY OF PRODUCTS

The products displayed on the Himba Fashion website at a given time are in principle deemed to be available in stock at that same time, except for a limited-time offer as part of a particular operation expressly mentioned as such on the product page.

This a priori availability is checked after the order has been accepted for payment and is confirmed by sending the shipping email by Himba Fashion.

In the event of unavailability of one or more products, Himba Fashion undertakes to reimburse them by crediting the payment method used for the purchase, within 14 calendar days of payment of the order.

ARTICLE 4: PRICE

The price of products sold on the Site is indicated by item and reference. It only includes the price of the product itself, as described.

The prices displayed on the Himba Fashion website are expressed in euros (€) and are understood to be public prices including all taxes, excluding participation in shipping costs, as they may be applicable in mainland France on the date of consultation of said offers.

The VAT applied is the one in effect on the date the order is placed. Specific taxes, other than VAT, applicable according to regulations, are only indicated on the shopping cart page.

Prices are applicable for distance selling. They cannot, under any circumstances, be requested to be applied in-store (and vice versa).

The amount of the delivery costs is indicated to the Buyer at the time of final validation of his Order on the Site. As part of promotional operations, Himba Fashion may reduce or offer free delivery costs.

Himba Fashion reserves the right to modify its prices at any time but undertakes to apply the prices displayed at the time the order is placed, subject to availability on that date.

Himba Fashion will not refund any price difference between the time the order was placed and a subsequent price reduction.

The products remain the property of Himba Fashion until full payment has been received.

ARTICLE 5: PAYMENT

5.1 PAYMENT TERMS

Regardless of the payment method chosen from those accepted on our site, orders will only be deemed to have been registered after validation or receipt of payment.

Thus, until the payment is validated by the intermediary chosen by the consumer, the order cannot be prepared by Himba Fashion services.

5.1.1 CASH PAYMENT BY BANK CARD

Products are payable in cash on the day the order is actually placed. Payment for purchases is made:

– By the following bank cards: Carte Bleue, VISA, MASTERCARD

The Customer accesses the 3D Secure payment system provided by the banking institution, which ensures the security and recording of the payment order. The Customer confirms that he or she is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his or hers. The Customer provides the sixteen digits and the expiration date of his or her bank card, as well as, where applicable, the numbers of the visual cryptogram. To finalize the payment, obtaining a security code is necessary. The customer receives it: by email, telephone or SMS, he or she must therefore ensure that his or her contact details are correctly entered with his or her banking institution. In this regard, the Customer expressly acknowledges that the communication of his or her bank card number to Himba Fashion constitutes authorization to debit his or her account for the amount of the products ordered and all taxes included.

Himba Fashion implements all means to ensure the confidentiality and security of data transmitted on the Site.

Online payment by credit card is completely secure and allows you to confidently enter the card number, expiration date, and security code in the designated spaces. Credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly to the bank. Himba Fashion has no access to these details and cannot store them on its servers. This is why they are requested again for each new transaction on our site.

5.1.2 CASH PAYMENT BY PAYPAL

Payments by Paypal are accepted on the Himba Fashion Site and are then made through the partner in question and according to its own general conditions of sale and use of its services.

Choosing this payment option implies tacit acceptance of the general conditions of sale and use of the PAYPAL Partner.

We invite our customers to refer to it, Himba Fashion cannot be held responsible for the conditions set by these independent partners.
Paypal General Conditions of Sale and Use

5.1.2 FIGHT AGAINST FRAUD

Himba Fashion reserves the right to check the validity of the payment, before dispatching the order, by any means it deems necessary (in particular identity documents, proof of address, etc.) in the event of suspected fraud.

5.1.3 PAYMENT INCIDENT

Himba Fashion reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is being administered. In the event of fraud, Himba Fashion reserves the right to delete the member's account after prior notification to the member.

ARTICLE 6: DELIVERY

Each delivery is deemed to have been made upon the package being made available to the Customer, in particular by the carrier, as evidenced by the control system used by the carrier.

6.1 ORDER PREPARATION TIMES

Himba Fashion reserves the right to subcontract all or part of the preparation and dispatch of the order to a third party mandated to carry out this service.

The products are delivered to the delivery address indicated by the Customer when placing the Order at the latest at the end of the period indicated when placing the Order, depending on the country of delivery.

(All products sold by Himba Fashion being deemed available in stock, orders are prepared from the first working day following the registration of the order within the meaning of these General Terms and Conditions. Thus, orders registered on a Saturday, Sunday or public holiday will be processed on the first following working day).

All deadlines mentioned on the Himba Fashion website are understood to be clear deadlines.

The ordered product is delivered to the address shown on the order form and recorded as the “delivery” address.

6.2 DELIVERY TIMES FOR ORDERS

Delivery times may not exceed 30 working days following the conclusion of the contract in accordance with article L216-1 of the Consumer Code .

Himba Fashion cannot be held liable for late delivery in the event of force majeure, as defined by law and case law. Delivery times do not take into account any Customer payment control procedures that may delay the dispatch of the order (see provisions of article 4.2 ), which in any event may not exceed 30 working days following the conclusion of the contract .

The delivery times announced begin upon conclusion of the contract. The expected delivery date is indicated when ordering and on each of our product sheets. In the event of absence, the Customer will be responsible for collecting the product from the relevant departments.

Any delay in delivery beyond the date specified when ordering and not due to a case of force majeure, may result in the cancellation of the sale, at the initiative of the Customer, by sending the latter a registered letter with acknowledgment of receipt, if after having ordered Himba Fashion to make the delivery within a reasonable additional period, this has not been carried out.

In accordance with Article L216-2 of the French Consumer Code, the contract will be considered terminated upon receipt by Himba Fashion of the Customer's letter informing it of its decision to terminate the contract and only if delivery has not taken place in the meantime. In the event of termination, Himba Fashion will reimburse the Customer for the sums paid as soon as possible, and at the latest, within 14 days of receipt of the registered letter with acknowledgment of receipt.

6.3 DELIVERY TRACKING

The Customer can track their order at any time using the order number communicated to them in the email formally registering their order, in their “My Account” area on the Site.

This space allows precise monitoring for each planned mode of transport, of the order and its status, particularly relating to shipping or delivery.

It is recalled that all communication between the Customer and the Site is essentially carried out through email exchanges, it is essential that the Customer provides a valid and regularly updated email address. Failing this, Himba Fashion cannot be held responsible for the consequences resulting from the communication of an incorrect or outdated email address.

6.5 SPECIAL DELIVERY TERMS

The Customer will be free to choose between collection from a Relay Point or delivery to their home by Colissimo.

Following validation of these transport methods and before payment of the order, the Site will display a summary of the order by transport method, for which the products in question are eligible and according to the option chosen by the Customer when it was offered to him. The cost of the transport methods assigned or chosen will then be displayed before payment of the order.

When the order has been duly prepared and is ready for dispatch, the Customer will receive an email relating to the dispatch of each part of his order by the agreed mode of transport.

⇒ Delivery to Relay Point:

Himba Fashion provides the Customer who has chosen the "Pick-up Point" option with the names and addresses of professionals offering these services closest to the chosen delivery location. The Customer will then be able to consult the opening hours and days of the chosen Pick-up Point.

Upon receipt of the order at Himba Fashion, the Customer has 14 calendar days to collect their packages. Otherwise, the order will be returned to Himba Fashion. Himba Fashion will consider that the Customer has exercised their right of return and will proceed with the refund under the conditions provided for the exercise of the right of withdrawal (see article 7-1 of these General Terms and Conditions).
The Customer will be informed by email of the cancellation of this Order.

⇒ Delivery by Colissimo:

Colissimo delivery is a service offered by La Poste française and complies with its own General Conditions of Use. In the event of absence and inability to drop off the package with a caretaker, the Customer will receive a delivery notice. They will then have 14 calendar days to collect their package from the post office indicated on the notice. Otherwise, the order will be returned to us. We will consider that the Customer has exercised their right of return and will proceed with the refund under the conditions provided for the exercise of the right of withdrawal (see article 7-1 of these General Conditions of Sale). You will be notified by email of the cancellation of this Order.

6.6 DELIVERY RATES

Transport invoicing follows a calculation rule taking into account the destination on the one hand and the weight of the package on the other.
The prices indicated are all in euros (€) including all taxes and charges, including the VAT rate in effect on the day of delivery.

The amount of the fees is automatically calculated as soon as a product is added to the cart based on delivery within mainland France. The Customer can freely consult the billing and the carrier associated with their products.

The final calculation of shipping costs for other destinations is carried out once the postal code has been entered in the delivery address and before the Customer confirms their order.

Specific offers for free shipping are only valid for shipments to mainland France, unless expressly stated otherwise.

ARTICLE 7: RIGHT OF WITHDRAWAL

7.1. CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL

⇒ Deadline

In accordance with the provisions of Article L. 221-28 of the French Consumer Code, the Customer has a period of 14 calendar days to exercise their right of withdrawal, without needing to provide any reason. The period starts from the day the order is received at home or at a relay point.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last part.

⇒ Exercise of the right of withdrawal

The withdrawal may be made by email to himba.shoes.store@gmail.com or by post to the address indicated in the preamble, on plain paper, or via the form available here.

⇒ Loss of the right of withdrawal

In application of article L 221-8 of the consumer code, it is recalled that the right of withdrawal cannot be used for the contract:

– Supply of goods made to the consumer’s specifications or clearly personalized, e.g.: personalized items

⇒ Return of products

The products must be returned in their original packaging and packaging which must have been opened properly, accompanied by the delivery slip and/or the order form to certify that the products were purchased via the Site.

The return of the product(s) will be made by the Customer to the address indicated within fourteen (14) days following communication of their decision to withdraw.

The costs and risks associated with returning the products are the responsibility of the Customer.

⇒ Reimbursement terms

In the event of exercising the right of withdrawal within the aforementioned period, Himba Fashion will reimburse the Customer for the price of the returned product(s) as well as the shipping costs of the product(s) in question within 14 calendar days from the date on which it was informed of the Customer's decision to withdraw.

In accordance with Article L 221-24 of the Consumer Code, Himba Fashion nevertheless reserves the right to defer reimbursement in the absence of receipt of the product(s) until recovery of the goods or until the Customer has provided proof of shipment of these goods, the date retained being that of the first of these two facts.

The refund will be made using the same payment method chosen by the Customer when placing the order.

No exchanges will be made; items will be refunded. The customer will be asked to place a new order.
The Customer will receive a confirmation email once the refund has been triggered. The Customer will be able to view the return of their package in the "My Orders" section of their Customer Area.
In-store returns are not permitted.

ARTICLE 8: AFTER-SALES SERVICE

Apart from the commercial or legal guarantee defined in Article 9, the Customer always has the possibility to contact Customer Service to answer questions relating to the use of a product, its maintenance procedures or the ordering of a part which has become defective. The Customer can contact Himba Fashion by email by filling out the contact form located on the contact page of the Site or by telephone at 07 71 24 78 97 (local call) from Monday to Friday from 10:00 a.m. to 1:00 p.m. and 2:00 p.m. to 5:00 p.m.

ARTICLE 9: GUARANTEES

The provisions of these General Terms and Conditions are without prejudice to legal guarantees, and in particular the legal guarantee of conformity and guarantee against hidden defects referred to in Articles 1641 et seq. of the Civil Code.

9.1 Legal guarantee of conformity

The products offered are subject to the legal guarantee of conformity provided for in articles L 217-4 et seq. of the Consumer Code:

“ The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging of the assembly instructions or the installation when this has been placed under his responsibility, by the contract, or has been carried out under his responsibility.

The action resulting from lack of conformity is prescribed within two years from delivery of the product.

In accordance with Article L217-7 of the Consumer Code, defects of conformity which appear within twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

9.2 Guarantee of hidden defects

The products offered on the Site are subject to the guarantee against hidden defects set out in Article 1641 of the Civil Code, according to which “ The seller is bound by the guarantee against hidden defects in the thing 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 acquired it, or would have paid a lower price for it, if he had known of them ”.

The action resulting from hidden defects must be brought within two years of the discovery of the defect.

The Customer may decide to implement the guarantee against hidden defects in the item sold by choosing between the cancellation of the sale or a reduction in the sale price in accordance with the provisions of Article 1644 of the Civil Code.

ARTICLE 10: INTELLECTUAL PROPERTY

Himba Fashion is the exclusive owner of the intellectual property rights to the products offered on the Site, to the brands, designs and copyrights associated with the products, to the Site and all its elements of the Himba Fashion Site, in particular to the visual and graphic identity, to its design, to its ergonomics, to its functionalities, to the software, the logo, the texts, the photos, the videos and the domain name.

It is prohibited to use trademarks, images, designs or any other element over which Himba Fashion holds intellectual property rights.

Furthermore, the intellectual property rights to the documents contained on the Site and each of the elements created for this Site are the exclusive property of Himba Fashion, which does not grant any license or any other right other than that of consulting the Site. Reproduction of any page or content of said Site is subject to prior written authorization from Himba Fashion except in the case of private copying.

You may also not copy, modify, create a derivative work, reverse engineer or assemble or otherwise attempt to find the source code, sell, assign, sublicense or otherwise transfer any right in the software.

It is also prohibited to modify the software or to use modified versions of the software and in particular (without this list being exhaustive) with a view to obtaining unauthorized access to the service and to access the site by any means other than through the interface provided by Himba Fashion for this purpose.

ARTICLE 11: RESPONSIBILITY

For all stages of access to the site, the ordering process, delivery, customer service or subsequent services, Himba Fashion only supports an obligation of means. Consequently, Himba Fashion cannot be held liable for any inconvenience or damage inherent to the use of the internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with case law.

Furthermore, Himba Fashion cannot be held responsible in the event that the order is not completed or if it is prevented from fulfilling any of its obligations due to a case of force majeure as defined by case law, and in particular in the event of bad weather preventing the delivery of the order.

ARTICLE 12: ENTIRETY

In the event that one of the clauses of this contract is declared null and void by a change in legislation, regulation or by a court decision, this shall in no way affect the validity and compliance with all the other provisions of these General Conditions of Sale.

ARTICLE 13: PROOF

The computerized records, stored in the computer systems of Himba Fashion and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties.

ARTICLE 14: CONSERVATION AND ARCHIVING OF TRANSACTIONS

The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.

ARTICLE 15: DISPUTES

These conditions are subject to French law.

In the event of a dispute, the customer is invited to contact Himba Fashion Customer Service. Together, they will attempt to resolve the matter amicably.

In accordance with the provisions of the Consumer Code, in the event of a dispute in the context of the execution of these General Terms and Conditions, the Customer may, before any legal action, resort to a conventional mediation procedure or any other alternative method of dispute resolution with a view to an amicable settlement.

ARTICLE 16: CUSTOMER SERVICE

For any information or questions, Customer Service is available to the Customer:
– Or by telephone on 07 71 24 78 97 from Monday to Friday from 10:00 a.m. to 1:00 p.m. and 2:00 p.m. to 5:00 p.m.

– or by email at himba.shoes.store@gmail.com

ARTICLE 17: DATA PROVISIONS AND FREEDOMS

In accordance with the French Data Protection Act of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, personal information relating to the Customer may be processed by Himba Fashion. The processing of this information is mandatory for the management of your purchases and the tracking of your orders, but also for creating a customer account and subscribing to the newsletter.

For more information on the processing of their data and their rights over the data, the Customer is invited to consult the Himba Fashion Privacy Policy, which forms an integral part of these T&Cs.