Terms and Conditions of Sale

The enterprise HINANUI is specialized in sale and exportation of Polynesian art goods.

The consumer acknowledges being fully informed that his agreement regarding the content of the present general terms and conditions of sale do not need the handwritten signature of this document, insofar as the client wishes to order goods in the website e-shop. The consumer can print the present general terms and conditions of sale; printing and keeping this document will be the responsibility of the consumer.

Article 1: Application of the general terms and conditions of sale - opposability

Our sales are subject to the current general terms and conditions of sale, which will prevail over any sales condition, unless there is formal and express derogation on our part.

The act of sending us an order expresses acceptance of our general conditions listed below without limitations or conditions.

Any conflicting conditions appearing in the purchase order of our customers are considered invalid, unless specially stipulated in writing by our company.

Article 2: Objet

The general conditions are defined for the rights and obligations of both parties for online sales of the goods proposed by the enterprise HINANUI to the consumer.

The enterprise HINANUI is represented by the term: seller

The Client is represented by the terms: buyer, consumer

Article 3: Contractual agreements

The contract is based on those contractual agreements, presented in hierarchically descendant order: the present general terms and conditions of sale, the order form. In case of contradiction about the disposition between the documents of different rank, disposition of the document with a higher rank will replace the others.

Article 4: Effective date – length

The general conditions presented will be effective at the date of the electronic signature of the order. Those general conditions presented are established for the length necessary for the goods and services under the guaranty given by the enterprise HINANUI.

Article 5: Electronic signature

The “click” of the consumer on his order is considered an electronic signature, which has the same value as a written signature.

Article 6: Order

To be considered as valid, the order shall specify the quantity, type, references of the purchased items, price agreed, method of payment and address and kind of delivery or collection.

Except otherwise agreed, the confirmation of the order entails the agreement of the terms of sale by the buyer, the acknowledgment of being fully informed and waiving to take advantage of his own terms of sale.

In case of shortage, the seller will respond to the orders according to the order of entry of the orders and to his possibilities.

The benefits of the order are personal to the buyer and cannot be assigned without the seller’s consent.

Article 7: Order confirmation

The contractual agreement will be confirmed by email, latest, at the time of the order.

Article 8: Proof of transaction

All data kept in the databases of HINANUI are considered secured and will be proof of the communications between both parties, such as the communications, orders and payments. The archive of the orders and invoices are on secure and reliable support and can be use as proof.

Article 9: Invoicing

An invoice will be issued to the buyer for each order and delivered at the same time as the item(s).

Article 10: Information about the products

HINANUI shows on his website the items to sell with the characteristics needed to respect the Article L 111-1 of Code de la Consommation (Consumer code). This article gives to the potential consumer the possibility to know all characteristics of the item he wants to purchase before the order.

The offers presented by HINANUI are valid in the limit of the stocks available.

Article 11: Prices

The prices of items are the one at the time of the transaction of the order, all prices are in Euros (€) and in Pacific Francs (XPF). Prices are free of taxes (HT), except for the orders delivered in French Polynesia.

Outside French Polynesia, the buyer is the importer of the item(s) in his country. He shall get the information related to the laws of his country and pay all taxes and duties at the delivery of the item(s).

Except otherwise agreed, the prices of the products are understood to be net prices, free carrier, free of taxes on the basis of the prices shown to the buyer. Except otherwise agreed, the prices in the order are valid for a maximum of 3 months.

Article 12: Payment options

The buyer can choose from all payment options available on the website of HINANUI to pay his order.

The buyer gives the guarantee to HINANUI that he’s allowed and has the authorisation to use the chosen payment option, at the validation of the order. HINANUI reserves the rights to suspend all transaction and deliveries in case of denied authorisation of a payment by bank card on the part of the official transaction companies, in case of outstanding payment or in case of non payment.

In case of late payment, HINANUI can suspend any transactions in progress, without prejudice of any kind.

The enterprise HINANUI reserves the right to refuse to deliver or to fulfill an order from a buyer which would have not paid the entire amount of a previous order or with whom a payment dispute would be in progress.

Article 13: Availability of items

The order will be processed at the latest, 3 days later, starting the day after the buyer confirms and pays the order. In case of unavailability of the ordered item(s), on account of the suppliers of HINANUI, the consumer will be informed shortly and will have the possibility to cancel his order. The consumer will have the choice to ask for his money back in the 30 days following the transaction.

Article 14: Terms of delivery

The items are delivered at the address written on the order form, according to the delivery method chosen at the time of the order.

14.1 Terms

The delivery is made in accordance with the order, directly to the buyer or by delivery from a transporter.

14.2 Deadlines

The deliveries are made according to the goods availability and the order of entry of the orders. The seller is authorized to fulfil the deliveries globally or partially. The deliveries deadlines are mentioned as precise as possible and according to the supply and transportation possibilities of HINANUI. The overtaking of delivery deadlines cannot establish a cause for damages, indemnity or interest or refusal or cancelation of the order on-going.

In all case mention below, the deliveries will be suspended. The cases are: war, riots, fire, strikes, cyclones, accidents or impossibility of supply for HINANUI to provide the item(s). HINANUI will keep the buyer inform, in time, for the cases and events mention above.

In any case, the delivery inside the delay will only happen if the buyer is up to date with his obligations with HINANUI.

14.3 Risk

The items are delivery free carrier at the address mentioned on the order form; in all cases they are carried at the buyer own risks.

Once the item(s) received, the buyer shall open the package in front of the postal employee to record the good condition of the goods. In case of non-compliance, a postal receipt shall be filled.

Any anomaly concerning the delivery (damage, missing items relative to the order, broken items...) will have to be notice on the delivery receipt by handwriting, with the signature of the client. The consumer will also have to confirm the problem to the transporter in the next three (3) working days, starting the date of the delivery a recorded mail with acknowledgment of receipt stating the complaints. The consumer will have to send a copy of this letter, by email or by mail to:

contact@hinanui-artpolynesien.com

or

HINANUI

BP 40364

98713 Papeete

French Polynesia

Article 15: Order modification

All modification or cancellation of the order asked by the buyer can't be taken in consideration unless it has been sent by written before the shipment of items.

Past th.e period of 10 days after the confirmation of the order, HINANUI reserves the right make the necessary modifications to their products, about their items without prior notice in their catalogue or prospectus.

Article 16: Returns

16.1 Clauses

Products which are the subject of complaint may be sent back only under HINANUI agreement and shipping arrangements for the return must be agreed upon by HINANUI in advance. Risk and returning fees are always at the charge of the buyer.

No return will be accepted after a delay of 30 days following the delivery of the order.

16.2 Consequences

All returns accepted by the seller entail that a credit note will be given to the consumer, after quantitative and qualitative check of the items; non conforms returns to the procedure above will be sanctioned by the lost, for the consumer, of his deposit.

In case of a visible problem or non-compliance of the delivered items, viewed by the seller in the previous conditions above, the buyer will be able to obtain a free replacement or get is money back from the items choose by the seller, exclude from any indemnity or damage interests.

Article 17: Right of withdrawal

You can return your items in the 10 working days following the reception of your order, in accordance with the terms and conditions of use. You must first write to customer support of HINANUI, before returning the item(s) purchased at our store. The items must be returned by recorded mail at this address:

HINANUI

BP 40364

98713 Papeete

French Polynesia

Only the items return in totality will be accepted, in their original packaging and in perfect state of resell. All item damaged or if the original packaging have been spoiled won't be refund or exchange.

This right of withdrawal can be used without prejudice, except for the returning fees. In the case of the right of withdrawal, the consumer has the choice to ask for a refund or a product exchange. In case of an exchange, the delivery cost will be applied at the consumer expense.

In the case of a refund, HINANUI will put all his effort in repaying the consumer in a delay of 30 days.

The consumer will then be credit on his bank account (wire transfer) in case of a payment by bank card or by check.

Article 18: Force majeure

Any of the two parties will have failed to his contractual obligations, for the case where the execution will be delayed or stopped by some event or a force majeure. Will be considered as some event or force majeure, all facts or irresistible circumstances, external to parties, unpredictable, inevitable, independent from wishes of the parties and that won't be stopped by those, despite all possible reasonable effort.

The party affected by these circumstances will keep inform the other party in the next 10 working days. The two parties need to get in touch and in a delay of 1 month, except in the impossibility due to a case of force majeure, to examine the incident of the event and find a way to continue with the execution of the contract. If the case of force majeure is lasting for over 3 months, the presented general conditions can be cancelled by the party who suffers the prejudice. Are considered, force majeure or simple cases others than the ones usually retained by the French jurisprudence: interruption of the transports or supply, earth quake, cyclone, fires, storms, flood, lightning; interruption of the network communications or difficulty of the external network telecommunication of clients.

Article 19: Partial non-validation

If one or multiple stipulation in the presented general conditions are non-valid or declared as this in the application of the law, a rule or after a definitive competent judgement, the other stipulations will keep all their force et their consequence.

Article 20: Non-waiver

The fact that one of the parties do not prevail by a lack of the other party to any kind of obligations in the presented general conditions won't be interpreted in the future as a cancellation to his obligation.

Article 21: Title

In case of interpretation difficulty between the titles of any headers of the clause and in any clause, the titles will be exempt from the articles.

Article 22: Law to be applied

The presented general conditions are subject to the French law; modified if need be by the provisions of French Polynesia. This applies for the legal clauses regarding the content and the form. In case of litigation or claim, the consumer will firstly try to obtain satisfaction with HINANUI.

In a second time and in case of a recourse or protest, the court of Papeete will have exclusive jurisdiction.

In case of interpretation difference, the French version of the present general terms and conditions of sale shall prevail over the versions written in other languages.

Article 23: Guaranty

23.1 Duration

The items sold are guaranteed against any flaw resulting from a defect in material, manufacture for a period of three (3) months starting at the delivery date. The replacement or the repair of the items will not result in the prolonging of the period of the guaranty.

HINANUI can choose to replace for free or repair an item still under the guaranty by its services only if that method is possible. All items still under the guaranty will have to go through the consumer services of HINANUI and give their agreement before claiming a replacement or repairs. The eventual shipping fees will be charged to the buyer. The buyer shall not claim any indemnity due to the good immobilisation while guaranty application.

23.2 Exclusions

The guaranty doesn't isn't effective for apparent flaws.

Also exclude default and deterioration provoked by natural usury or by accident (fall of the item, collision with another item, outside exposition, climate conditions) or by a modification of the item not recommended by HINANUI.

Article 24: Risks

The buyer supports the risk, even in the case of sale agreed free carrier, after the shipping from the warehouse of the seller.

This will result in the merchandise travelling at the risk of the buyer, in case of lost or a broken item, he will need to take recourses against the delivery company.

Article 25: Computers and liberties

The information asked to the consumer is necessary to process his order and can be shared with the contractual partners of HINANUI that are concern for the process of the order. The consumer can write to HINANUI to oppose the divulgation of this information, or have access, modification or suppression of its personal data relating to the order, in accordance with the law 78-17 law of January 6, 1978.