Terms & Conditions
(Updated 25 March 2016)
The present version is published in English for convenience purposes only. In case of any discrepancies between this version and the French version, the French version shall prevail.
1. GENERAL REMARKS
Sportyhenri.com is a website selling multi-brand sport, prêt-à-porter and lifestyle items from brands or products selected for their quality.
This document, together with the additional information available on www.sportyhenri.com (the “Site”) constitutes the Terms of Sale (the “ToS”) in force between the user of the Site (“You” or the “User”) and Sporty Henri (“Sporty Henri”). It governs the contractual relationship between You and Sporty Henri in relation to any purchase made on or through the Site (the “Transaction”). At the time of verification of your order, by checking the box provided for this purpose and clicking the "PROCESS MY PAYMENT" button, You hereby state that You fully and unconditionally accept these ToS. Please read the ToS carefully before proceeding to carry out any Transaction through the Site. You are bound by the version of the ToS that is in force at the time You submit an online form (the “Form”) confirming Your intent to order products on the Site (the “Order”).
The ToS shall also apply if you choose to place your Order through Sporty Henri customer service (the “Customer Service”) by using the contact form available on the Site, or by calling the following phone number +(33) 1 53 00 20 66, Monday to Friday from 8:00 am to 8:00 pm and Saturday from 10:00 am to 7:00 pm. If you place an Order through the Customer Service, the Products You order will be delivered with the ToS. If You do not accept the ToS or if You do not want to keep the Products, You may return Your parcel by following the procedure described under clause 12. If You do accept these ToS and wish to keep your Products, You have nothing to do. After five (5) days, the ToS shall be considered as accepted and You agree that You will be bound by these ToS
2. MODIFICATION OF TERMS
Sporty Henri may at any time amend the ToS, without prior notice. It is Your responsibility to regularly check the ToS to remain informed of their latest amendments. However, the ToS applicable to Your Order will be the ToS accepted when You place your Order.
You may place an Order only if Your billing address, Your delivery address, and the address corresponding to Your credit card are all located in one and the same country among the following: Germany, Austria, Belgium, Spain, France, Italy, Luxembourg, the Netherlands, Portugal, United Kingdom (the "Countries").
4. OPERATION OF THE SITE
The Site is a secure online platform that allows Users to place an Order online and receive the items offered for sale on the Site by mail (the “Product(s)”).
5. CHARACTERISTICS OF PRODUCTS
The prevailing description of the Products is the description published on the Site at the time of the Order.
Images of the Products are provided for information purposes only and shall not be representative of the characteristics of the Products, in particular with respect to general appearance, colour or any other characteristic.
6. AVAILABILITY OF PRODUCTS
Images of the Products on the Site are provided for information purposes only and their publication on the Site shall not constitute an offer.
Publishing Products’ descriptions on the Site shall only constitute an invitation to make an offer. By placing an Order, the User is making an offer to Sporty Henri, and Sporty Henri has the right but not the obligation to accept or reject the relevant offer, in its sole discretion.
Product prices are stated in euros (€) or pounds sterling (£) and with all taxes included. The currency is automatically assigned according to the Territory of the billing and delivery addresses.
You understand and agree that Products may be subject to customs duties, postal, tax or any other additional costs to transport, import or deliver the Products to Your country of residence or delivery. These taxes are independent from Sporty Henri’s control. You agree, if applicable, to fully bear these additional costs which will appear before You check the box related to the ToS and click on the “PROCESS MY PAYMENT” button.
7.1. Promotional Codes
From time to time, we may offer promo codes which may apply to any, or certain specified purchases made through the SPORTY HENRI Website.
In order to use a promotional code, the user must log into his personal account Sporty Henri, which he will have previously created.
Only one promo code can be used against an order at any one time.
A promo code can't be applied to an order after that order has been placed.
A maximum amount of expenses, before reduction can be specified when issuing the code.
Certain brands or product categories may be excluded. The products concerned shall bear the words: 'Reductions and promotions not applicable to this product. ". In addition, products in sale or outlet are expressly excluded.
If the promo code has expired, you won’t be able use it.
We’re afraid we can’t accept any responsibility once we have given you a promo code and we are not obliged to provide you with a replacement if it gets lost and/or gets used by someone else as this will result in the promo code being cancelled.
If a promo code is offered on the SPORTY HENRI Website and can’t run properly because of fraud, tampering, technical errors or anything else that is beyond our control which affects the running, administration, security or fairness of the promo code, we reserve the right to cancel, modify or suspend the promo code.
Promo codes are non-transferable and cannot be exchanged for cash. If you receive a promo code, it can only be used by you on your own SPORTY HENRI account for the purpose for which it was issued. You must keep it confidential and only use it for making your own orders on SPORTY HENRI. Don’t pass your code directly on to others or make it available to others (for example, posting it on social media or on a forum). If we believe that at the point of purchase or retrospectively you are abusing the use of promo codes in any way (for example, selling them to others), we reserve the right to cancel your promo code or suspend/close your SPORTY HENRI account without letting you know beforehand.
We reserve the right to amend these terms and conditions at any time.
All orders are subject to stock availability of the Product(s). Items in your shopping basket are not reserved and may be purchased by other Users until the confirmation of Your Order.
Products are available for Your personal use only and not for resale. By placing an Order on the Site, You warrant that You will use the Product for Your personal use only. Moreover, Sporty Henri reserves the right to limit the quantities of Products delivered to the same customer or to the same postal address.
Sporty Henri, in its sole discretion, reserves the right not to confirm an Order, including but not limited to where there is an assumption that the User will place an Order for resale purposes.
When completing the form, You must specify the means of payment that will be used to complete the Transaction in response to Your Order, subject to acceptance by Sporty Henri. Each Order is checked paying particular attention to the billing address, the delivery address and the credit card used.
The following payment cards are accepted by Sporty Henri:
2. American Express (except for Switzerland)
We only accept credit cards of individuals (excluding company cards) residing at the billing address.
You may also pay through PayPal. When selecting this option at checkout, You will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, You will then return to sportyhenri.com.
Billing information indicated in Your Order must correspond to the credit card holder. Sporty Henri may contact the credit card holder directly if necessary for verification and ask him/her for additional information. Such verifications will extend the delivery time by two (2) additional business days. If this condition is not fulfilled and/ or Sporty Henri fails to reach the holder of the credit card, Sporty Henri reserves the right to cancel Your Order.
You may prefer to place Your Order through our Customer Service, which You may contact as specified in clause 1 hereinabove. Please note that no bank details should be sent by email or through the Customer Service contact form. Customer Service will request from You – on the phone exclusively – all information required by the financial institutions to process the payment of Your Order.
Your credit card will only be charged at the time of shipment of Your Order, after checking Your data and upon receipt of the authorisation provided by the issuing company and upon acceptance of Your Order by Sporty Henri.
Subject to the acceptance of your Order, Sporty Henri will send You a confirmation of the conclusion of the Transaction to the email address that You provided when placing the Order.
The Transaction will only be concluded when Sporty Henri has confirmed its acceptance by sending You the confirmation email including a summary of the Order, the price of the Products, the date and time of the Order, the shipping fees, the taxes and custom duties and the means of payment chosen by You.
Any Order placed on a bank holiday in France or weekend will be processed the next business day.
If You wish to cancel or modify your Order before the shipment of Your Products, You may contact Sporty Henri as soon as possible at the following phone number +(33) 1 53 00 20 66, Monday to Friday from 8:00 am to 8:00 pm and Saturday from 10:00 am to 7:00 pm. Sporty Henri will use its best endeavors to fulfill Your request.
9. USER ACCOUNT
You may register on the Site to obtain a User Account that will allow You to benefit from the Services as described in the ToU.
Sporty Henri kindly asks You to refer to the ToU available through the following link ToU for any issue related to Your User Account.
10. SHIPMENT NUMBER
Sporty Henri will send You, upon shipment of Your Order, a confirmation email which will contain Your tracking link.
To ensure the safety of Your Order, Sporty Henri does not directly provide Your tracking number, but a link to the selected carrier's tracking method.
11. TRANSPORT AND DELIVERY
Products will be delivered exclusively to the address mentioned in the Form at the time of the Order.
You will be charged the shipping fees, which vary according to the selected type of shipment and the place of delivery of the Products. The amount of the shipping fees is indicated at the time of placement of the Order.
Shipping costs are available in two currencies. These are automatically calculated in the currency of the Country of delivery.
You agree and recognise that shipment options vary, depending on the country where Your Order has to be delivered.
Sporty Henri undertakes to ship Your Order as soon as possible after completion of the Transaction. Sporty Henri shall not be liable for any late delivery, damage due to transportation or any other damage directly or indirectly related to the shipment of Products.
Upon delivery of Products, You shall immediately verify that the packaging is intact and has not been altered in any way whatsoever. Should the packaging be damaged, Sporty Henri recommends that (i) You take pictures of the box and of the Products, and (ii) You report immediately the alleged damage to the carrier in charge of delivery (the “Carrier”) by expressly reserving Your rights upon delivery of the Products and (iii) You inform our Customer Service.
In the absence of such express reservation of Your rights, delivery shall be considered as accepted by You and no dispute on the packaging shall be validly brought afterwards.
Below is a list of countries, delivery times and costs:
|Mainland France||Order under €50 Home delivery with signature: 3/4 days||€6|
|Order over €50 Home delivery with signature: 3/4 days||Free|
|TNT Express National: 24 hours||€12|
|Delivery to nearby shops: Kiala (48 hours)||Free|
|Belgium||Order under €50 Home delivery with signature: 3/4 days||€6|
|Order over €50 Home delivery with signature: 3/4 days||Free|
|Germany, Luxembourg, Netherlands, Spain, Italy, Portugal||Order under €200 Home delivery with signature: 3/4 days||€12|
|Order over €200 Home delivery with signature: 3/4 days||Free|
|Express Delivery: 48 hours||€15|
|United Kingdom||Order under £50 Home delivery with signature: 3/4 days||£6|
|Order over £50 Home delivery with signature: 3/4 days||Free|
|Express Delivery: 48 hours||£15|
Please note that Sporty Henri only delivers to countries on this list and that returns are free for this whole list. We apologise in advance if your delivery country is not available. Please do not hesitate to suggest that we add your country if it is not listed; we will look into it based on the level of interest.
Shipping costs are available in two currencies. These are automatically calculated in the currency of the Country of delivery.
12.1 Return request
Within fourteen (14) days from receipt of Your Order, You may inform Sporty Henri of Your wish to return the Product(s).
To exercise Your right of withdrawal, You shall notify Sporty Henri of Your decision by an unequivocal communication. You may use the Model Withdrawal Form available by clicking on the following link Model Withdrawal Form, but it is not mandatory.
Before returning the relevant Product(s), please contact Sporty Henri either (i) by connecting on the Site and logging on “My Account/My Orders” or if you ordered without creating an account go to this page here and enter your order number and email address, or (ii) by sending an email to firstname.lastname@example.org, or (iii) by writing to: Sporty Henri – Customer Service, 38 rue du Louvre 75001 Paris or (iv) by phone to +(33) 1 53 00 20 66 (non-surcharged call) Monday to Friday from 8:00 am to 8:00 pm and Saturday from 10:00 am to 7:00 pm.
Product(s) shall be returned new, unused and undamaged and shall bear all their labels intact.
12.2 Return conditions
Any Product returned shall have been packed in its original packaging and with all related accessories included when You opened the parcel, failing which, additional costs may be charged.
You will not bear the return shipping costs of the Product(s) if You follow the return instructions included in the delivery box. More precisely, You shall:
• Print the return label sticker provided by Sporty Henri, then place the Product(s) in its original packaging, in an appropriate shipping parcel.
• Properly close the shipping parcel and place the return label sticker in the box
• Drop the parcel to the selected pick-up place within maximum 30 days following issuance of the return label sticker.
• Take particular care when packing the Product(s). Should the returned Product(s) be damaged due to improper packaging, Sporty Henri reserves the right to refuse its return.
Should You decide to return the Product(s) by a carrier different than those suggested by Sporty Henri, You shall bear the return shipping costs and be responsible for the Product(s) until its safe receipt by Sporty Henri.
Following receipt of the Product(s) You returned, and provided that the return conditions have been met, Sporty Henri shall notify You by email that the refund of Your Order is being processed. The shipping costs will be refunded provided that You return all of the Products initially ordered with all their accessories (and to the exception of any extra cost incurred if You chose a delivery option other than the most economic standard delivery suggested by Sporty Henri). A credit shall then be issued in the same form as the original payment. Depending on Your financial institution, the refund may take up to 10 (ten) working days after Sporty Henri has sent You the confirmation of the return.
Sporty Henri undertakes to ensure that high quality standards are always met. Every Product is controlled before shipment.
However, if Your Product shows any defect within the legal statutory deadlines applicable in Your Country, please contact Customer Service at the following email address: email@example.com.
In such cases, You must indicate the alleged defect in Your email and attach every supporting document (detailed photos of the Product, purchase date, order number, etc.).
After considering these elements, Sporty Henri reserves its right to recover the Product to conduct a physical investigation.
In case of a recognised defect, Sporty Henri undertakes to either replace the defective Product if stock is available, or to either partially or fully refund the purchase price to You, depending on the nature of the defect.
Sporty Henri reserves the right to refuse to follow up on any delayed claim, or if the Product(s) has been damaged as the result of a regular use of such Product(s) or if the defect derives from the nature of the Product(s) (certain Products might have some uneven parts and/or irregularities which are parts of the manufacturing process or correspond to the material used).
14. ERRORS AND INACCURACIES
Sporty Henri’s purpose is to provide You with comprehensive, accurate and up-to-date information on the Site. It is unfortunately not possible to warrant that a website is entirely free from human or technological errors. This Site may contain typographical errors, inaccuracies or omissions, some of which may be linked to the price, availability, or information on Products. Sporty Henri reserves the right to correct such errors, inaccuracies or omissions, even after an Order has been submitted, and to modify or update the information at any time without prior notice.
15. SECURITY OF ELECTRONIC DATA TRANSFER
Sporty Henri undertakes to maintain at all times the highest standards of security. Not only does the Site use SSL (Secure Socket Layer) encryption, but it is also reinforced with all of the various existing encryption processes in order to provide the most effective protection possible for all sensitive payment information. Sporty Henri does not have any access to confidential information about the means of payment. Indeed, only its banking partner has access to confidential information (card number, validity date, security code) and these pieces of information cannot be accessed by any other third party.
Sporty Henri cares about Your privacy.
17. GOVERNING LAW AND JURISDICTION
Any contract concluded with Sporty Henri is subject to the laws of France, without application of their conflict of law rules. Any dispute arising directly or indirectly from the conclusion, the interpretation or the performance of a contract with Sporty Henri in accordance with the ToS shall be submitted to the exclusive jurisdiction of the ordinary courts of Paris, France.