Terms of service
TERMS AND CONDITIONS OF SALE
ONLINE
Date of last update: March 2026
PREAMBLE
The website < hemen-biarritz.com > (hereinafter the “Website”) is open to all Internet users.
The Website is hosted by the company Shopify International Limited
Legal form: private limited company incorporated in Ireland
Share capital:
Registration No.: 560279
Registered office: 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland
VAT ID: IE 3347697KH
These General Terms and Conditions of Sale are entered into between SAS LA RUCHE MODERNE (hereinafter referred to as “the Seller” or “HEMEN”) and any Consumer (hereinafter referred to as “the Buyer” or “the Customer”) wishing to place an Order for Products on the Website (hereinafter referred to as “these Terms,” “Terms and Conditions” or “T&C”).
Online sales on the Website are not available to Professionals. These General Terms and Conditions of Sale therefore do not apply to them.
ARTICLE 1 - DEFINITIONS
“Consumer”: any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, professional, or agricultural activity;
“Professional”: any natural or legal person, public or private, acting for purposes within the scope of their commercial, industrial, artisanal, professional, or agricultural activity, including when acting in the name of or on behalf of another professional;
“Product”: All Products offered for sale by the Seller, in the Seller’s catalog accessible on the following websites: hemen-biarritz.com ;
“Order” refers to the purchase of a Product on the hemen-biarritz.com website;
“Terms and Conditions of Sale” or “T&C”: The Terms and Conditions of Sale define the rights and obligations of the parties in connection with sales made on the hemen-biarritz.comwebsite;
“Delivery Time”: the period between the date the Order is confirmed and the date the Orderis delivered to the Customer. The delivery times listed on the Website are provided for informational purposes only;
“Shipping Costs”: Costs associated with the transport and delivery of the Order to the delivery address provided by the Customer;
“Delivery”: shipment of the Product to the Customer;
“Product Price”: the unit price oflisted in the Seller’s catalog an item . This price includes all taxes (except for shipments outside the EU or to French overseas departments and territories) and excludes Delivery Fees ;
“Website” or “Site”: the online store accessible at the following URL: “hemen-biarritz.com” ;
ARTICLE 2 - LEGAL NOTICE
Publisher
Legal form: Simplified Joint-Stock Company
Share capital: 1,000 euros
RCS Registration No.: 792 991 879 (BAYONNE)
Headquarters: 5 Rue Pierre Dartiguelongue, 64200 Biarritz, France
Intra-Community VAT number: FR15792991879
Contact: info@hemen-biarritz.com
+33621152398
Publisher
The publisher is Mr. Emmanuel MOUAZAN
Contact:manu@hemen-biarritz.com
+33 6 26 12 17 61
Hosting
The Website is hosted by Shopify International Limited
Legal form: private limited company incorporated in Ireland
Share capital:
Registration No.: 560279
Registered office: 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland
VAT ID: IE 3347697KH
Hereinafter referred to as “the Host”
ARTICLE 3 – GENERAL PROVISIONS
3.1 Scope of Application
The purpose of these Terms and Conditions is to define the contractual relationship between the Seller and the Buyer, which apply exclusively to any purchase made through the website hemen-biarritz.com.
They apply solely to Products ordered, delivered, and invoiced worldwide.
In particular, they specify the various steps required for the Customer to place an order, the terms of payment and delivery, as well as how to track the Customer’s order.
These Terms and Conditions shall prevail, where applicable, over any prior statements, negotiations, commitments of any kind, communications (whether oral or written), acceptances, and prior agreements between the Seller and the Customer.
3.2. Pre-contractual Information
The Customer acknowledges having received, prior to placing their Order, in a clear and comprehensible manner, these General Terms and Conditions of Sale and all the information listed in Article L.221-5 of the French Consumer Code, and in particular the following information:
3.3. Acceptance of the General Terms and Conditions of Sale
The Buyer acknowledges that placing an order for a Product constitutes full, complete, and unconditional acceptance of these General Terms and Conditions of Sale and an obligation to pay for the ordered Products, and waives, in particular, the right to rely on any conflicting document, which would be unenforceable against the Seller.
This acceptance is confirmed by checking the box “By checking this box, I accept the General Terms and Conditions of Sale” when confirming the Order.
3.4 . Modification of the General Terms and Conditions of Sale
The Seller reserves the right to modify or update these General Terms and Conditions of Sale at any time by publishing the changes on the Website.
The applicable General Terms and Conditions of Sale are those appearing on the Website on the date the Order is placed by the Buyer.
ARTICLE 4 – PRODUCTS
The Products offered are those listed in the catalog published on the Seller’s e-commerce website at the following address: hemen-biarritz.com .
The Products and accessories offered on the websites , , and are intended for personal or household use the Buyer’s and not for commercial resale or export.
The essential characteristics of the Products are described for each Product in the online catalog. Product descriptions are subject to change at any time by the Seller, at its sole discretion.
The selection and purchase of a Product are the sole responsibility of the Buyer.
The Seller does not guarantee that the appearance of the Product will exactly match that shown on the Website. The colors and appearance of the Products may vary depending on the device used to view the Website, as well as its settings or configuration.
The Seller also reserves the right to discontinue production of a Product at any time and to limit available quantities, depending on individuals or geographic areas, on a case-by-case basis.
Products are offered while supplies last. Information regarding product availability is provided to the Customer at the time of placing the order.
In the exceptional event of unavailability after the Order has been placed, the Seller will immediately inform the Buyer as soon as possible and offer:
ARTICLE 5 - ORDERS
All Product Orders are placed via the online catalog accessible on the Website.
It is specified that any Order placed on the Website constitutes a binding purchase order.
Any Order constitutes acceptance of the Product descriptions and prices in effect on the date the is placedOrder.
The Buyer who wishes to purchase a Product must:
The Seller will send the Customer an email summarizing the Order confirmation.
The sale will only be considered final after the Seller has sent the Customer a summary email confirming the Order and after the Seller has actually received payment of the amounts due.
The Seller reserves the right to refuse any Order for legitimate reasons, particularly in the event of a dispute regarding payment for a previous Order.
The electronic records stored in the Seller’s computer systems under reasonable security conditions shall be considered proof of the nature, content, and date of the Order.
It is the Buyer’s responsibility to verify the contents of their order before confirming it.
ANY REQUEST TO MODIFY THE ORDER MUST BE MADE BY THE BUYER VIA THE CONTACT FORM OR AT THE FOLLOWING EMAIL ADDRESS: INFO@HEMEN-BIARRITZ.COM, AND IS SUBJECT TO THE SELLER’S PRIOR APPROVAL.
ARTICLE 6 - PRICES
6.1. Product Prices
The selling price of the Products is the price listed on the product page of the website on the day the Order is placed. It is due upon placing the Order.
For all orders shipped to France or a country within the European Union, Product prices are listed in euros, inclusive of all taxes (TTC). They include the VAT rate in effect in France and in the country of delivery on the date the Order is placed.
Any change in the tax rate may be reflected in the price of the Products.
For all orders shipped to a country outside the European Union, product prices are listed in euros excluding tax (excl. tax).
Unless expressly stated otherwise, the prices displayed do not include taxes, shipping costs, processing fees, customs duties, or import fees.
Promotional offers are valid only within the dual limits of the offer’s validity period and available stock.
Prices displayed on the Website may differ from those charged in physical stores or on other online stores operated by third parties.
The Seller may occasionally offer promotions on Products, which may alter prices and are subject to specific terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
The Buyer agrees to provide current, complete, and accurate purchase, payment, and account information for all purchases made on the Website. The Buyer agrees to promptly update their account and any other information, including their email address, credit card numbers, and expiration dates, to enable the Seller to complete transactions and contact the Buyer if necessary.
The Buyer represents and warrants that:
In the event of a problem with the full payment of the price, the Order will be automatically canceled and the Customer notified by email.
The Seller may, for a limited time, offer the Customer codes entitling them to a discount on the purchase price on the Site, either as a fixed amount or as a percentage. These discount codes cannot be combined with current promotional offers and may exclude certain Products.
6.2. Fees
Telecommunication costs associated with accessing the Site are the sole responsibility of the Customer.
Shipping, handling, and delivery costs will be calculated prior to placing the order and shall be borne exclusively by the Buyer.
For deliveries outside mainland France, any customs duties, import duties, or government taxes that may be required under the laws of the country receiving the Order shall be borne by the Buyer and are the Buyer’s sole responsibility.
6.3. Price Changes
The Seller reserves the right to modify its prices at any time, for example, but not limited to, in the event of increases in the costs of raw materials, storage costs, delivery costs, etc.
In the event of a price increase after the Order is placed, only the price set on the date of the Order shall apply to the Customer.
6.4. Payment Terms
Payments are secure and processed via the Shop Pay payment solution, operated by Shopify, acting as a payment service provider.
The Customer may pay for their order using the following payment methods:
The Customer warrants to the Seller that they have the necessary authorizations to use the selected payment method.
The Seller reserves the right to suspend or cancel any order in the event of a refusal of payment authorization by the relevant banking institutions or service providers, or in the event of non-payment.
Payments made by credit card are charged at the time the order is confirmed. Transactions are secured using encryption protocols that comply with current standards.
The Seller does not have access to the Customer’s banking information at any time, as this is processed directly by the payment service providers.
In the event of payment via a third-party provider (such as PayPal or Klarna), that provider’s terms and conditions of use and sale apply in addition to these Terms and Conditions, which the Customer expressly acknowledges and accepts.
With regard to cryptocurrency payments (USDC), the Customer expressly acknowledges that:
The Order will only be considered definitively confirmed after the Seller has actually received the amounts due.
An invoice will be sent to the Customer when the Seller sends the Order confirmation email.
ARTICLE 7 - DELIVERY
Delivery will be made to the address indicated in the Order confirmation email sent by the Seller, which may only be located within the agreed geographic area specified in Article 3.1 .
The delivery address cannot be changed after the Customer has confirmed the Order. It is therefore the Customer’s responsibility to verify the accuracy of all information before confirming payment.
Delivery is carried out by a professional carrier appointed by the Seller, which varies depending on the delivery location of the Order:
The delivery times indicated on the Website under the Delivery tab are average times and are for informational purposes only. They may vary depending on the selected delivery method, the quantity of Products to be delivered , and the delivery location.
Delivery times correspond to the processing and shipping times for the Product(s) and begin on the date the Order is confirmed by the Seller.
Although these are approximate, the Seller will use its best efforts to meet the delivery times specified in the Order.
However, failure to meet delivery deadlines shall not give rise to any compensation of any kind, nor shall it engage the Seller’s liability.
In any event, the Seller undertakes to deliver the Products within a maximum of twenty (20) business days from the estimated delivery date, except in cases of force majeure.
Upon expiration of this twenty (20)-day period, the sale may be rescinded upon written request by the Customer or at the Seller’s initiative, within thirty (30) business days.
Any amounts paid by the Customer will then be refunded no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deductions.
Finally, the Seller shall not be held liable for any consequences resulting from a delay in delivery by the chosen carrier, customs formalities, or a late pickup by the Customer of their package following the carrier’s placement of a delivery notice in their mailbox.
ARTICLE 8 - TRANSFER OF OWNERSHIP AND TRANSFER OF RISK
The transfer of ownership and the transfer of the risk of loss or damage to the Products takes place upon their handover to the carrier.
The Products are therefore shipped at the Buyer’s own risk .
ARTICLE 9 – RECEIPT OF PRODUCTS
The Customer is required to check the condition of the packaging as well as the condition of the Products received upon delivery.
It is the Customer’s responsibility to raise any objections they deem necessary if the package is clearly damaged upon delivery (open package, missing products, damaged package, etc.).
Such reservations must be sent to the Seller by email to estore@hemen-biarritz.com within three (3) business days following the delivery date of the Product(s).
The Buyer must provide full justification regarding the existence of any non-conformities, damage, or defects found.
After verification and confirmation by the Seller that the grounds for refusal are valid, the disputed Product shall be returned to the Seller at the Seller’s expense.
The Product will then be replaced as soon as possible, or, if unavailable, the Buyer will be refunded as soon as possible.
Unless any objections are raised within the aforementioned time frame and under the aforementioned conditions, the delivered Products shall be deemed accepted by the Buyer.
ARTICLE 10 - STATUTORY WARRANTIES
The Products supplied by the Seller are automatically covered, without additional payment and in accordance with legal provisions, by the following warranties:
10.1. Statutory warranty of conformity of the Products
The Seller is required to deliver to the Buyer a Product that complies with applicable legal requirements in accordance with Articles L.217-4 and L.217-5 of the Consumer Code, and is liable for any lack of conformity existing at the time of delivery.
Under the legal warranty of conformity, the Buyer has a period of two (2) years from the delivery of the goods to take action against the Seller and notify the Seller of the lack of conformity of the ordered Product(s) via the Contact Form or by email at the following address: info@hemen-biarritz.com.
After the Seller confirms acceptance of the claim under this warranty, the Buyer must, within the same timeframe, return the Product(s) to the Seller, in accordance with the conditions set forth in Article 12 of these Terms.
In such circumstances, the Buyer may choose between a refund and replacement of the ordered Product, subject to the cost conditions set forth in Article L 217-9 of the French Consumer Code.
In the event of a defect in a “limited edition” Product, the Seller does not guarantee that it will be able to provide the same Product.
If the defect concerns a spare part (seam, button, fastener, label, etc.), the product will be replaced.
10.2. Legal Warranty Against Hidden Defects
The Seller is liable under the warranty for hidden defects in the item sold that render it unfit for its intended use, or that so diminish such use that the Buyer would not have purchased it, or would have paid only a lower price for it, had they known of such defects.
In the event of a latent defect in a Product sold, as defined in Articles 1641 et seq. of the Civil Code, the Buyer has a period of two (2) years from the discovery of the defect to return the Product to the Seller, in accordance with the terms set forth in Article 12 of these General Terms and Conditions of Sale.
Subject to the presentation of the purchase invoice for the Product, the Seller will then, at the Customer’s discretion, either refund the purchase price or reduce the purchase price.
All complaints, requests for exchange, or refund must be made within the requiredtimeframe via the Contact Form or by email to the following address:estore@hemen-biarritz.com .
10.3. Exclusions
The following are not covered by the legal warranties provided for in Articles 10.1 and 10.2:
More generally, failure to comply with the terms of use and care as set forth in each Productdescription available online on the Seller’s website will result in the cancellation of the warranty.
ARTICLE 11 – PRODUCT RETURN POLICY
The Buyer has a fourteen (14)-day withdrawal period starting from the date of receipt of the Order.
To exercise their right of withdrawal, the Buyer must send the Seller a request returnvia email to the following address: estore@hemen-biarritz.com .
Once the return request has been accepted by the Seller, the Buyer will receive a return label, along with return instructions.
The Buyer must then return the Product(s) by mail, along with proof of purchase, following the specified procedure, to the following address:
2L LOGISTIQUE
HEMEN ONLINE RETURNS
European Freight Center (CEF)
64990 MOUGUERRE
FRANCE
The Buyer shall be solely responsible for the return shipping costs. The Buyer is also responsible for retaining proof of the return.
Any Product returned without the Seller’s prior and express consent will be refused.
To be validly returned, Products must be returned in their original packaging, in perfect condition (brand new, undamaged, unwashed, unworn), accompanied by their tags and any accessories.
Any returned Product that does not meet these conditions will not be accepted or refunded.
If the return is refused by the Seller, the Product(s) will be returned to the Customer at the Customer’s expense and risk.
Certain products cannot be returned, including Products personalized by the Buyer.
Upon receipt of the Product(s), the Seller will immediately inform the Buyer of the acceptance or refusal of the return.
If you have any questions about the return policy, please feel free to contact us by email at the following addresses: estore@hemen-biarritz.com .
If the return is accepted by the Seller, the refund will be automatically processed within fourteen (14) business days of receipt of the Product(s).
The refund will be issued via the original payment method used at the time of the Order. If the Buyer has changed bank accounts, they must remember to provide their new bank details to their former bank.
If the returned Products show signs of wear, soiling, deterioration, or damage, the Seller reserves the right to retain a portion of the Product’s price or to refuse to issue a refund.
Any Buyer residing in mainland France may also request an exchange of a Product.
Exchanges are only possible for a different size and/or color, subject to availability.
If the Buyer wishes to purchase another item, or if the Buyer resides outside of France, it is the Buyer’s responsibility to return the Product in question to receive a full refund, and then place a new Order on our online store.
If the returned Products show signs of wear, soiling, deterioration, or damage, the Seller reserves the right to retain a portion of the Product’s price or to refuse to process the exchange.
For more information, visit or the Return Policy page at .
ARTICLE 12 - LIABILITY
The Seller disclaims all liability and shall not be held liable for accidental damages of any kind, whether material, immaterial, or bodily, resulting from use of the Product not in accordance with its intended purpose or from failure to comply with the information provided on the labels and/or on the website.
All Orders placed on the Site are concluded directly between the Buyer and the Seller. The Buyer acknowledges and agrees that the Host cannot, in this regard, be held li ly liable for sales made, nor for any damages, losses, or harm of any kind that may result from Products purchased on the Site. Consequently, the Buyer expressly waives any recourse against the Host and its affiliates in connection with their Order.
The Seller shall not be held liable in the event of non-performance or improper performance of the contract due to the Buyer, a third party, or a force majeure event. Force majeure events include, but are not limited to, risks related to war, disasters, fires, strikes, riots, and internal or external failures or breakdowns that make it impossible for the Seller to supply the goods.
The Seller makes every effort to ensure, to the best of its ability, that the information published on the Website is accurate and up-to-date, and reserves the right to modify it at any time without notice.
The Seller shall not be held liable for hyperlinks included on this Website that direct users to other resources on the Internet. Indeed, the Seller has no means of controlling the websites linked to its Website, of which the Customer is expressly informed herein. Consequently, the risks associated with such use are entirely the responsibility of the Customer, who must comply with the terms of use specific to each Website.
Use of and navigation on the Site are the sole responsibility of the Buyer. The Seller, the host, and their affiliates hereby disclaim all liability and shall not be held liable for any damages, direct or indirect, arising from the use of the Site, including, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, or replacement costs.
Nor shall they be held liable for any viruses that may affect computer equipment or any other hardware when accessing the Site, using the Site, or browsing the Site, or when downloading any content, data, text, images, or files from the Site.
ARTICLE 13 - PROCESSING OF PERSONAL DATA
Certain information provided by the User while browsing the Site or placing an Order constitutes personal data.
This data is collected and processed by the Seller, acting as the data controller.
For more information regarding the collection, processing, and protection of their personal data, the Buyer is invited to consult the Seller’s Privacy Policy .
Certain personal information may also be collected and processed by the Host on behalf of third parties, and transmitted by the Host to third parties who may be located in countries other than the User’s country of residence, in order to optimize navigation and use of the Site.
Furthermore, as part of the development and improvement of its services, the Seller uses certain advanced features offered by the Host, which incorporate data and information derived from the User’s interactions with the Site, with other merchants, or with the Host. In connection with the provision of these features, the Host may use the personal information collected regarding the User’s interactions with the Site, with other merchants, and with the Host.
Under these circumstances, the Host acts as the data controller for the personal information in question, in particular to respond to the User’s requests regarding the exercise of their rights concerning the use of their personal data for these purposes.
To learn more about how Shopify uses the User’s personal information and the rights available to the User, the User is also invited to consult Shopify’s Consumer Privacy Policy, accessible via the following link: Shopify Consumer Privacy Policy .
Depending on their place of residence, the User may exercise certain rights regarding their personal data via the Shopify Privacy Portal: Shopify Shopify Privacy Portal Link .
ARTICLE 14 - INTELLECTUAL PROPERTY
The Buyer has no intellectual property rights over the Products, packaging, or containers; the Seller remains the exclusive owner of all such rights.
Any use by the Buyer, in any form or on any medium, of the name “HEMEN,” as well as all of the Seller’s trademarks, whether word or figurative, and more generally all trademarks, illustrations, images, and logos appearing on the Products, their accessories, and their packaging, whether registered or unregistered, is strictly prohibited.
Furthermore, the content and structure of the Website are protected by copyright worldwide.
As such, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized.
Consequently, any reproduction or representation, in whole or in part, of any element of the Website (including any text, image, iconographic or photographic representation, trademark, or logo) for any purpose and on any medium is prohibited.
Failure to comply with this prohibition constitutes an infringement that may result in civil and criminal liability for the Buyer, pursuant to Articles L.122-4 and L.335-3 of the Intellectual Property Code.
None of the provisions of these General Terms and Conditions of Sale may be interpreted as granting the Customer a license to any intellectual property rights.
ARTICLE 15 – COMPLAINTS AND RECOURSE TO A CONSUMER MEDIATOR
All complaints must be addressed to customer service either by phone at +33 6 21 15 23 98 (standard rate from a landline in mainland France), Monday through Friday except on public holidays or non-working days, from 9:00 AM to 4:00 PM, or by email at the following address:info@hemen-biarritz.com .
If the complaint submitted to customer service is unsuccessful or if no response is received from customer service within 21 days, the Buyer may resort to a conventional mediation procedure or any other alternative dispute resolution method, including, free of charge, within one year of filing the complaint, by contacting the competent consumer mediator in accordance with the provisions of Articles L.612-1 et seq. of the French Consumer Code.
The contact information for the consumer mediator is as follows:
Mediator of the Professional Federation of E-commerce and Distance Selling (FEVAD)
60 rue de la Boétie – 75008 PARIS
mediateurduecommerce@fevad.com
The Buyer may also access the European Online Dispute Resolution platform provided for by Regulation (EU) No. 524/2013 of May 21, 2013, on the online resolution of consumer disputes, particularly cross-border disputes, accessible at the following address:http://ec.europa.eu/consumers/odr/.
In the event that this mediation fails, or if the Buyer refuses to participate in it, the Buyer may bring the matter before the competent court in accordance with Article 16 of these General Terms and Conditions of Sale.
ARTICLE 16 - GOVERNING LAW, LANGUAGE OF THE CONTRACT, AND JURISDICTION
These online terms and conditions of sale are governed by French law.
The language of the contract is French.
In the event of a dispute relating to these General Terms and Conditions or Product Orders, the Parties shall endeavor, to the extent possible, to resolve their dispute amicably.
Any dispute arising from the performance, interpretation, or termination of these General Terms and Conditions of Sale and the resulting Orders, or more generally from the commercial relationship between the Seller and the Buyer, that cannot be resolved amicably shall be submitted to the competent French courts.
