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Terms and conditions
HIMA JOMO is a simplified joint stock company with a capital of €10,000, whose registered office is located at 10, rue de Jarente – 75004 Paris, registered with the Paris Trade and Companies Register under number 887 914 869.
HIMA JOMO (hereinafter referred to as “HIMA JOMO”) designs, develops, promotes and markets high quality natural perfumery products, i.e. products in which the majority of olfactory ingredients are of natural origin.
As such, it is able to propose eaux de parfum, candles and home perfumes. This list is not exhaustive and/or contractual and, in fact, does not forbid HIMA JOMO to propose with the sale of complementary products other than natural essence, whether they are designed by HIMA JOMO or by a third party partner.
As part of the presentation, the promotion and the marketing of its products, HIMA JOMO wished to set up its own informative online sales site.
The products are described on the website https://www.himajomo.com
These General Terms and Conditions of Sale (hereinafter referred to as “GTCSS”) are applicable to orders placed by end consumers on the HIMA JOMO online shopping site.
HIMA JOMO sells the products present on its website only at retail and to final consumers.
Any order that obviously does not correspond to a retail sale and, more generally, any fraudulent order or presumed as such, will be considered by HIMA JOMO as null and void.
These General Terms and Conditions of Sale (hereinafter referred to as “GTCSS”) govern the rights and obligations of the Parties resulting from the sale of HIMA JOMO products.
Any order of a Product offered implies the Customer’s full and unconditional acceptance of these GTCSS.
By the mere fact of validating the order, the Purchaser declares to have read, understood and accepted without reservation the terms of the said order.
“Customer(s)” refers to the Internet user(s) browsing the Site and making an online purchase of Product(s) for personal use.
“HIMA JOMO” refers to HIMA JOMO,
Electronic contact: on the HIMA JOMO online store, via the contact form and/or at the email address contact@himajomo.com
HIMA JOMO is the publisher of the Site https://www. himajomo.com
Ms. Jiaxin Vittoria LIU is the Director of Publication, in her capacity as General Manager.
The company OVH is the host of the site, a simplified joint stock company with a capital of €10,069,020, registered in the Lille Trade and Companies Register under number 424 761 419 00045, whose registered office is located at 2, rue Kellermann – 59100 Roubaix.
“General Terms and Conditions of Sale” refers to these present general terms and conditions governing the sale of Products on the Site.
“Parties” refers alternatively or collectively to HIMA JOMO and / or the Client(s).
“Product(s)” refers to the goods offered for sale on the HIMA JOMO website.
“Site” refers to HIMA JOMO’s e-commerce website, accessible via the Internet at the following addresses: https://www.himajomo.com offering the Products for sale.
The purpose of these General Terms and Conditions of Sale is to define the terms of online sale of Products by HIMA JOMO to its Customers, as well as the rights and obligations of the Parties resulting from the online sale of Products offered on the Site.
The General Terms and Conditions of Sale are made available to the Customer on the Site via the page entitled “General Terms and Conditions of Sale” which is permanently accessible from the eponymous link located at the bottom of all the pages of the Site.
By ordering a Product on the Site, the Customer acknowledges, by checking a box provided for this purpose “By validating your order, you accept the Terms and Conditions of Sale” or any wording bearing the same action, having read the General Terms and Conditions of Sale in force on the day of the order before placing his order and having accepted them without restriction, this acceptance not being in any way conditioned by a handwritten signature from the Customer.
It is specified that the Customer may, at any time, save or print these General Terms and Conditions of Sale by pressing the “Print” button on his browser or by any other means at his disposal.
HIMA JOMO reserves the right to update the General Terms and Conditions of Sale at any time. In the event of a modification of the General Terms and Conditions of Sale, the applicable GTCSS are those in force at the date of the order and which are available via the page entitled “General Terms and Conditions of Sale” permanently accessible from the eponymous link located at the bottom of all the pages of the site.
The General Terms and Conditions of Sale apply to all online sales made on the Site to the exclusion of any other document, and in particular the conditions applicable to sales in shops or by means of other distribution and marketing channels.
3.1. Description of the Products
The Products offered for sale by HIMA JOMO are those shown on the Site on the day the Customer consults the Site, and within the limits of available stocks. HIMA JOMO reserves the right to withdraw Products from sale at any time.
HIMA JOMO takes the greatest care in the presentation of the Products on the Site. Nevertheless, the photographs illustrating the Products are only indicative and do form part of the contract.
Indeed, although every effort is made to ensure that the colors of the Products, whose photos displayed on the Site, are faithful to the original products, variations (including slight differences in color and proportion) may occur, in particular due to the technical limitations of color rendering of computer equipment.
For any questions relating to the purchase of the Products and their use, or for advice, the Customer may contact the HIMA JOMO Customer Service Department:
– via the contact form available on the site, or
– by email to contact@himajomo.com.
3.2. Availability of the Products
The Products are offered within the limits of available stocks. HIMA JOMO does not guarantee the availability of the Products presented on the Site. In case of unavailability of one or more of the Products concerned by the order, the Customer will be informed as soon as possible by email of the unavailability of the Product(s) and of the cancellation of his order.
The Customer will be reimbursed for his purchase within fourteen (14) days.
In case of total cancellation of the order, due to unavailability, the Customer’s order will be automatically canceled.
In case of partial cancellation of the order due to unavailability:
– the Customer’s order will be validated;
– the Customer will be informed as soon as possible by email of the unavailability of the products concerned;
– the Customer will be delivered the available products and reimbursed the unavailable products within fourteen (14) days.
3.3 Discovery Offer
Every purchase of a Discovery Box containing 2 ml samples of the 4 eaux de parfum of the “Seasons” collection gives the right to a special offer to be used on the website and in the HIMA JOMO boutique, located at 10 rue de Jarente 75004 Paris, for every purchase of at least one 50 ml bottle of the “Seasons” collection.
This special offer is strictly personal, valid only once and for a limited period specified in his or her order.
3.4 Digital Gift Card
Every purchase of a Digital Gift Card gives access to a unique code for use on any product to be used on the website and in the HIMA JOMO boutique, located at 10 rue de Jarente 75004 Paris. It is redeemed by email and is valid for 6 months after the purchase date. Customers receive a complimentary discovery set, consisting of four trial samples of 2ml, shipped to his or her address of choice.
This special offer is strictly personal, valid only once and for a limited period specified in his or her order.
The prices of the Products are binding. They are indicated in euros. The price in force is the one indicated for each Product on the Site.
These prices take into account the V.A.T. applicable on the day of the order but do not include the possible delivery costs which will be invoiced in addition and will be specified to the Customer at the time of the final validation of the order.
The amount of the shipping costs will be indicated before the validation of the order by the Customer.
The various shipping methods are set out below in the General Terms and Conditions of Sale and can be modified at any time by HIMA JOMO. However, these modifications will not affect the orders that the Customer will have validated before the entry into force of these modifications.
The price invoiced to the Customer is the price indicated on the order confirmation, displayed on the Site when the order is confirmed and sent by email by HIMA JOMO.
HIMA JOMO reserves the right, which the Customer accepts, to modify its prices at any time, without any further formality other than posting the modifications on the Site. However, these changes will not affect the orders that the Customer has accepted before the entry into force of these changes, subject to the availability of the Products ordered.
The Products ordered remain the property of HIMA JOMO until the full payment of their price by HIMA JOMO, including the main value of the Products and the possible expenses and taxes appearing on the invoice, whatever the delivery date of the Products.
The transfer of the risks of loss and deterioration of the goods is transferred to the Customer as soon as HIMA JOMO collects the order.
The Customer must take all useful measures to ensure the reception, the maintenance and the perfect conservation of the products.
6.1. Navigation within the Site
The Customer can find out about the different Products offered for sale by HIMA JOMO on the Site. The Customer can browse freely through the different pages of the Site, without being committed to an order.
6.2. Conditions of the order
It is specified that the Products are intended for personal use by the Customer, without any direct connection with the Customer’s professional activity.
To place an order on the Site, the Customer must have legal capacity and hold a bank card.
6.3. Ordering process
In order to place an order, the Customer must complete the following steps:
Fill the virtual cart by clicking on the “Add to cart” button or any wording with the same action and indicating the selected Products and the desired quantities.
Check the virtual basket and modify, if necessary, the desired quantities for each Product.
Click on the “Finalize your order” button or any wording with the same action.
Identify yourself on the Site
– either by creating an account on the Site by clicking and completing a form in which certain fields are mandatory for the order to be taken into account;
– or by logging on to the Site by clicking on “Login” and entering his or her email address and password if he or she has already created an account.
Fill in the information intended for delivery (complete identity, email address, telephone number, delivery address and/or globally any mandatory information imposed by the order form). Please refer to HIMA JOMO’s Privacy Policy for more details on how HIMA JOMO collects and processes your personal data by visiting the page “Privacy – Personal Data” accessible at any time from an eponymous link located at the bottom of all pages of the site.
Specify whether the Customer wishes to save the address entered in the account’s address book by clicking on “Save address in your account” or any wording with the same action. Fill in the billing address if it is different from the shipping address.
At the end of the ordering process, the Customer is invited to choose his or her payment method and to check the box “By validating your order, you accept the General Terms and Conditions of Sale” or any wording with the same action.
The Customer will then be prompted to click on the “Finalize Payment” icon or any wording with the same action. By clicking on this button, the Customer is redirected to the payment service provider Stripe and proceeds to the payment according to the desired conditions. This does not constitute the acceptance by HIMA JOMO of the Customer’s order and a Contract between the Parties is not formed until the order is validated by HIMA JOMO as explained below.
Until the step “Finalize payment” or any wording with the same action, the Customer can modify his order by clicking on the back arrow at the top left of the screen or by clicking on “Update”, or any wording with the same action, in the summary block at the right of the screen. The Customer will be redirected to his basket where he can modify the content of his order.
From the moment the Customer clicks on the “Payment” icon, or any wording with the same action, he will not be able to cancel or modify his order.
If, at any time, the server is not available, HIMA JOMO will not be able to accept orders via the website and assumes no responsibility to the customer for its inability to place an order.
6.4. Final validation of the order – Formation of the sales contract
Following the validation of the payment by the Customer, a confirmation of the acceptance of the order will be sent by email to the Customer by HIMA JOMO. The order confirmation includes the summary of the ordered products, the price, the shipping costs and the order number.
The validation of the payment by the Customer and the email confirming the acceptance of the order by HIMA JOMO will be considered as proof of the acceptance of the said order and its final validation. These elements will be worth the sums engaged by the seizure of the Products appearing on the order.
6.5. Refusal to order
HIMA JOMO reserves the right to refuse any order in case of:
– existing dispute with the Customer;
– total or partial non-payment of a previous order by the Customer;
– Refusal to authorize payment by bank card by the payment organizations such as Stripe, the service provider used by HIMA JOMO to detect bank card fraud;
– abnormal nature of the order, in particular in case of an order for unusual quantities and/or amounts for a final consumer.
6.6. Use of the Discovery Offer
Every purchase of a Discovery Box containing 2 ml samples of the 4 eaux de parfum of the “Seasons” collection gives the right to a special offer to be used on the website and in the HIMA JOMO boutique, located at 10 rue de Jarente 75004 Paris, for every purchase of at least one 50 ml bottle of the “Seasons” collection.
This special offer is strictly personal, valid only once and for a limited period of time specified in his or her order.
Before October 18, 2022, customers received a code to apply a fixed amount discount upon checkout.
Since October 18, 2022, customers are receiving a discount (in %) to be automatically applied in his or her cart after log in.
6.7. Use of the Digital Gift Card
Every purchase of a Digital Gift Card gives access to a unique code for use on any product to be used on the website and in the HIMA JOMO boutique, located at 10 rue de Jarente 75004 Paris. It is redeemed by email and is valid for 6 months after the purchase date. Customers receive a complimentary discovery set, consisting of four trial samples of 2ml, shipped to his or her address of choice.
This special offer is strictly personal, valid only once and for a limited period specified in his or her order.
The Customer agrees that exchanges between the Parties shall be made by email. The preservation on HIMA JOMO’s computer systems of the order, of the confirmation of the acceptance of the order and of any exchange between the Parties will be considered as proof of the sales contract.
The computerized records kept in HIMA JOMO’s and its partners’ computer systems will be considered as proof of the communications, orders and payments made between the Parties.
Invoices related to orders are archived by HIMA JOMO for: (i) 5 years from the last delivery if the amount of the order is less than €120, and (ii) 10 years from the last delivery if the amount of the order is more than €120.
At any time, the Customer can access the details of his past orders by connecting to his personal account available at any time on the website.
Invoices relating to orders are archived by HIMA JOMO for 10 years after the end of the accounting year.
Unless the server is unavailable, the Customer shall pay for his order after final validation on the Site, by one or other of the means of payment offered by the website.
Payment by credit card
At the time of the validation of the order, the Customer will be invited to enter his card number, the expiry date of the card, the name of the cardholder and the visual cryptogram (the last three or four numbers written on the back of his bank card).
The payment is made via the secure server of the company Stripe, secure payment operator. This implies that no banking information concerning the Customer passes through HIMA JOMO. The payment by credit card is therefore completely secure.
All orders are payable in Euros, including all taxes and compulsory contributions.
The credit card is debited at the time of the validation of the order and the verification and authentication processes of the company Stripe.
Payments by check are not accepted.
The Customer guarantees HIMA JOMO that he or she has the necessary authorisations to use the payment method chosen at the time of the order validation. In case of refusal of the bank, the order will be automatically canceled.
Purchase invoices will be sent by email to the email address indicated by the Customer when registering his order on the HIMA JOMO website. The purchase invoices will be available in the “My account” section, or any wording with the same action, on the Site for Customers who have identified themselves on the Site.
Who is Stripe?
As part of the fight against Internet fraud, the information relating to the orders is controlled by the payment partner designated by HIMA JOMO: Stripe, a company registered in the United States. Stripe is a secure payment operator.
This company is responsible for the processing of payment, storage and automated processing of information relating to each order, including credit card details, in a secure environment.
Information relating to orders is subject to automated data processing, for which Stripe is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against payment fraud and in particular against credit card fraud.
Stripe and HIMA JOMO are the recipients of the data related to the Customer’s order. The non-transmission of data related to the Customer’s order prevents the completion and analysis of a transaction.
The occurrence of an unpaid order due to fraudulent use of a credit card or other means of payment will result in the registration of the details related to the order associated with this unpaid order. An irregular declaration or an anomaly may also be subject to specific treatment.
The Customer has, at any time, the right to access, modify and delete his own personal data by writing to HIMA JOMO, providing proof of his identity, via the contact form available on the Site.
Payment by PayPal
At the time of the validation of the order, the Customer will be invited to log in his or her PayPal account.
The payment is made via the secure server of the company PayPal, secure payment operator. This implies that no banking information concerning the Customer passes through HIMA JOMO. The payment by PayPal is therefore completely secure.
All orders are payable in Euros, including all taxes and compulsory contributions.
The PayPal account is debited at the time of the validation of the order and the verification and authentication processes of the company PayPal.
Payments by check are not accepted.
The Customer guarantees HIMA JOMO that he or she has the necessary authorisations to use the payment method chosen at the time of the order validation. In case of refusal of the bank, the order will be automatically canceled.
Purchase invoices will be sent by email to the email address indicated by the Customer when registering his order on the HIMA JOMO website. The purchase invoices will be available in the “My account” section, or any wording with the same action, on the Site for Customers who have identified themselves on the Site.
9.1. Delivery address
The Products ordered by the Customer in accordance with these General Terms and Conditions of Sale will be delivered to the address indicated by the Customer as the delivery address when placing the order, located in the following countries:
in France (including Corsica), Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden
Andorra, Monaco, Great Britain, Liechtenstein, San Marino, Norway
For any request outside these countries, the Customer must contact HIMA JOMO via the contact form.
The Customer can also ask for an in-store pick-up at HIMA JOMO’s address at 10, rue de Jarente – 75004 Paris, and in this case has fourteen (14) days to come and pick up the ordered Products. The Customer may be asked to provide proof of his order (e.g. order confirmation email) as well as proof of his identity.
9.2. Delivery times / Delivery costs
The delivery time and cost depend on the delivery method chosen by the Customer when ordering.
The delivery period starts as soon as the order confirmation email is sent.
For any delivery, the products are delivered by Colissimo or a national or international transport service and the amount of the delivery charges is calculated in a flat rate as follows:
STANDARD
The order, whatever its amount, is shipped free of charge to the Customer from an order amount of €50 including all taxes, excluding shipping costs. Otherwise, it is invoiced at the amount indicated at the time of placing the order.
The maximum delivery time of the order is 10 working days from the day of processing of the order by the customer service, that is to say the day of the order (date and time of metropolitan France) if this one intervenes a working day in France, that is to say the first working day following the date of the order.
EXPRESS via an express and / or international transport service
An “express” shipping mode can be proposed on the site for all or part of the products offered for sale. The related price is systematically indicated on one or more pages of the online ordering process and may change over time and/or according to the destination countries.
The maximum delivery time is 5 working days from the day the order is processed by the customer service, i.e. the same day of the order (date and time of the metropolitan France) if this one intervenes on a working day in France, i.e. the first working day following the date of the order.
The name of the carrier is sent to the Customer at the time of shipment, as well as the tracking number of the package.
The Customer undertakes, upon delivery of the Products, to check the conformity and condition of the packaging of the Product as well as the conformity of the Product.
In case of anomaly concerning the delivery, in particular deterioration or partial loss of the product (missing items compared to HIMA JOMO’s invoice, late delivery, etc.), the Customer must imperatively formulate, upon receipt, reservations that must be written on the delivery receipt presented by the carrier and then communicated to HIMA JOMO via the contact form made available on the Site or to the email address contact@himajomo.com within a maximum period of five (5) days as from the receipt of the Products.
In the event that the Customer has reported a missing product or a delay in delivery, an investigation with the carrier will be set up.
In case of missing product, if it is found before the delivery date indicated, the Product can be redirected to the place of delivery designated in the order form.
If the order or the missing Product has not been delivered after the indicated delivery date, the Customer must write to HIMA JOMO via the contact form available on the Site.
If the delivery is not carried out within a reasonable additional period, the Customer may cancel the contract by means of an unambiguous declaration to the email address contact@himajomo.com or via the contact form provided on the Site.
The sales contract will be considered as terminated upon receipt by HIMA JOMO of the Customer’s request informing it of its decision (unless HIMA JOMO has performed in the meantime).
In such a case, the totality of the sums paid by the Customer will then be returned to him in the form of refunding as soon as possible and at the latest within fourteen days following the date on which the contract was denounced.
In accordance with the provisions of Article L.221-18 of the Consumer Code and of the European Directive n° 2011/83/EU of October 25, 2011 on consumer rights, the Customer has a period of fourteen (14) days, starting from the receipt of the Products ordered on the Site to notify HIMA JOMO of his/her wish to exercise his/her right of withdrawal by means of an unambiguous statement including the reference and the number of returned products or by means of the contact form available on the Site or by means of the withdrawal form available at the end of these General Sales Conditions.
As of the exercise of this right, the Customer has an additional period of fourteen (14) days to return, at his own expense, the Product(s) he ordered if the Product(s) does not give it satisfaction.
However, in accordance with the provisions of Article L.221-28 of the Consumer Code and Article 16 of the European Directive n° 2011/83/EU of October 25, 2011 on consumer rights, this right of withdrawal cannot be exercised for Product(s) made according to the Customer’s specifications or having been customized, nor for Product(s) opened and/or unsealed and/or used after delivery and which cannot be returned for reasons of hygiene or health protection (in particular, cosmetics and makeup products).
The Customer must return the Product in the same conditions as those in which he/she received it.
The Product(s) must be returned in its (their) original, unopened packaging with its (their) means of protection, if any, and allowing it (them) to be remarketed in new condition.
Products cannot be tried on, and must be in new, unopened, unused, undamaged, undirty, untested condition.
To ensure maximum protection of the items, the Products must be repositioned in the original package, resistant to the various transport tests.
HIMA JOMO reserves the right to refuse the return if the returned Product is unfit to be put back on the market in a new state (Product returned incomplete, damaged, for example).
The return of the Products must be accompanied by the return form that can be downloaded from the Site.
It will be necessary to indicate precisely the order number, the products that are returned and the requested operation. The Customer will be able to exchange his items, ask for a credit note or be reimbursed for all or part of his order as soon as HIMA JOMO validates the return conditions.
All packages must be returned to the following address:
HIMA JOMO
RETURN SERVICE
10, rue de Jarente
75004 Paris
Return shipping costs are at the Customer’s expense, except in case of non-conformity of the delivered products with the Order (in this case, return shipping costs are at HIMA JOMO’s expense).
HIMA JOMO does not accept packages with postage due.
The Customer must return the products within fourteen (14) days from the sending of his retraction, by post or by visiting the store.
He may also return them to the store, under the same conditions mentioned above for online sales.
Any risk linked to the return of the product(s) is at the Customer’s charge. HIMA JOMO recommends that its Customers subscribe to a parcel tracking option in order to avoid any inconvenience in case of loss or theft of the Products during the return transport.
If the above-mentioned conditions are fulfilled, HIMA JOMO will reimburse the Customer, by the same means of payment as the one initially used, all the sums incurred for the order of the returned Products, with the exception of the return costs, within a maximum of fourteen (14) days from the receipt of the return form, or at the latest from the latest of the following dates:
or on the day HIMA JOMO receives the returned products,
or from the day when the Customer provides a proof of shipment of the goods for which he/she has exercised his/her right of withdrawal, whichever comes first. Moreover, in the event that the Customer has expressly chosen a more expensive delivery method than the standard one proposed by HIMA JOMO, the costs will not be reimbursed and will remain at the Customer’s charge.
In case of partial return of Products, only the price of the returned Products will be refunded by HIMA JOMO.
HIMA JOMO is held liable for the lack of conformity of the goods with the contract under the conditions of Article L. 217-4 and following of the Consumer Code and for the hidden defects of the thing sold under the conditions of Articles 1641 and following of the Civil Code.
When acting on the basis of the legal guarantee of conformity, the Customer:
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer can decide to implement the guarantee against the hidden defects of the sold thing in the sense of the Article 1641 of the Civil Code and in this hypothesis, he can choose between the resolution of the sale or a reduction of the selling price according to the Article 1644 of the Civil Code.
In case of a lack of conformity of a delivered Product, the Customer can return to HIMA JOMO the Product presenting the lack of conformity, in its original state, with the original labels and accompanied by the original packaging and the delivery note, by informing HIMA JOMO beforehand via the contact form available on the Site or in the store.
Otherwise, HIMA JOMO will not exchange or refund the returned defective Product.
In case the return of the defective Product is well founded, HIMA JOMO will proceed to the refund of the defective Product and of the delivery costs, excluding any other compensation.
With the exception of the above assumptions, no exchange or refund of Product is allowed.
Reminder of Articles L.217-4, L.217-5 and L.217-12 of the Consumer Code and Articles 1641 and 1648, first paragraph of the Civil Code:
– Article L.217-4 of the French Consumer Code: “The seller shall deliver goods that comply with the contract and is liable for any compliance defects in existence at the time of delivery. He is also liable for any compliance defects resulting from the packaging, assembly instructions or installation where he is responsible for these under the contract or they have been performed under his responsibility.”
– Article L.217-5 of the Consumer Code: “In order to comply with the contract, the goods must: be fit for the purpose usually expected of such goods and, where applicable:
– if it corresponds to the description provided by the seller and possess the qualities that he has presented to the buyer in the form of a sample or model;
– possess the qualities that a buyer may legitimately expect vis-à-vis the public declarations made by the seller, producer or its representative, notably in advertising or on the labeling; 2° Or present the characteristics jointly defined by the parties or be fit for any special purposes sought by the buyer, brought to the attention of the seller and accepted by him.”
– Article L.217-12 of the Consumer Code: “Action resulting from compliance defect is limited to two years after the delivery of the goods.”
– Article 1641 of the Civil Code: “The seller is obliged to guarantee against hidden defects in the item sold which might render it unfit for the use for which it is intended, or that might decrease this usefulness of the product to such an extent that the buyer would not have acquired it, or would have paid a lower price, had he known of the defect.”
– Article 1648 of the Civil Code, 1st paragraph: “Action resulting from hidden defects must be taken by the buyer within two years after the discovery of the defect.”
The Customer shall remain the sole judge of the appropriateness and adaptation to his needs and the usage of the Products items he or she has ordered.
HIMA JOMO shall not be held liable for improper use of their Products.
It is recalled that the Customer, prior to his order, declares to have full legal capacity, allowing him to engage under these General Terms and Conditions of Sale.
HIMA JOMO cannot under any circumstances be required to verify the legal capacity of its visitors and Customers. Consequently, if a person who does not have legal capacity orders items on the Site, their legal guardians will assume full responsibility for this order and will have to pay the price.
HIMA JOMO does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error. In particular, HIMA JOMO shall not be held liable for:
– interruptions, malfunctions or delays on the Site due to technical breakdowns, force majeure, the fact of third parties or any circumstances whatsoever, beyond its control;
– the impossibility for the Customer to access to the Site for a time, due to facts beyond his control, such as computer breakdowns, interruptions in the telephone network, the Internet network or failure of the Customer’s Internet reception equipment.
HIMA JOMO shall not be held responsible for (i) the loss, alteration or fraudulent access to the Customer’s personal data due to mismanagement by the Customer (ii) the processing of personal data by third-party companies mentioned in these GTCS, when acting as data processors, (iii) the accidental transmission of viruses or other harmful elements, resulting from access to the Internet or from email transmissions.
Without limiting the scope of the other provisions of the General Terms and Conditions of Sale, HIMA JOMO’s liability can only be accepted in case of proven fault that is exclusively attributable to it. In any case, it will be limited to direct damages only. HIMA JOMO reserves the right to suspend the operation of the Site.
For any information, claim or question related to the mail order conditions set up by HIMA JOMO or to the items themselves, Customers should contact HIMA JOMO’s customer service via the contact form, giving their order number.
HIMA JOMO shall not be held responsible for the total or partial non-performance of its obligations, if this is due to either:
to the consumer,
the unforeseeable and insurmountable act of a third party to the contract,
in case of force majeure as defined in Article 1218 of the Civil Code,
in the event of a fortuitous event or an event beyond the reasonable control of HIMA JOMO.
In this respect, the Parties consider the following in particular to be cases of force majeure or “events beyond its reasonable control”: strikes of the Company’s personnel or carriers, lockouts or other labor disputes conducted by third parties, breakdowns of private or public telecommunications networks or the impossibility of using rail, sea, air, motorized or other public or private means of transportation, stoppage of production due to fortuitous breakdowns, impossibility of being supplied with raw materials, fires, floods, explosions, storms, earthquakes, land subsidence, exceptional climatic events, epidemics, pandemics (including COVID and its various variants), natural disasters, public disorder, riots, invasions, wars (declared or undeclared) or threats or preparations for wars, terrorist attacks or threats of terrorist attacks.
If a case of force majeure or an event beyond its reasonable control occurs and affects the performance of its obligations under these GTCS, HIMA JOMO will contact the Participant as soon as possible to inform it,
These events constitute a cause of suspension and/or extinction of HIMA JOMO’s obligations towards the Customer, without any compensation to the Customer.
The intellectual property rights attached to the Products sold on the Site are and remain the exclusive property of HIMA JOMO.
All exploitation rights are exclusively reserved to HIMA JOMO.
Under these conditions, no one is authorized to reproduce, exploit, disseminate or use in any way whatsoever, even partially, the intellectual property rights, without the prior written consent of HIMA JOMO. The HIMA JOMO brands and logos are registered trademarks.
Any reproduction is therefore an infringement.
The General Terms and Conditions of Sale, the order summary sent to the Customer and the order confirmation email form a contractual whole and constitute the entire contractual relationship between the Parties. They constitute the only contractual documents opposable to the Parties, to the exclusion of any other document or photograph of the Products which are only indicative.
THESE GENERAL TERMS AND CONDITIONS OF SALE AND THE CONTRACTUAL RELATIONS BETWEEN HIMA JOMO AND THE CUSTOMER ARE GOVERNED BY THE FRENCH LAW.
ANY DISPUTE OR DISAGREEMENT TO WHICH THESE TERMS AND CONDITIONS MAY GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, PERFORMANCE, CONSEQUENCES AND REPERCUSSIONS, MUST BE RESOLVED AMICABLY.
IN THE ABSENCE OF AN AMICABLE AGREEMENT, ALL DISPUTES WILL FALL UNDER THE COMPETENCE OF THE FRENCH COURTS.
In accordance with Article L.211-3 of the Consumer Code, the Customer is also informed of the possibility of resorting, in the event of a dispute, to the consumer mediation procedure, the conditions of which are set out in Title I of Book VI of the Consumer Code.
HIMA JOMO’s mediation service is the online mediation service of the CMAP (Centre de médiation et d’arbitrage de Paris) accessible at the URL address: http://www.cmap.fr/ or at the postal address: CMAP (Service Médiation de la Consommation) – 39 avenue Franklin D. Roosevelt – 75008 Paris.
So that the CMAP referral can be received, it must include: the Customer’s postal, email and telephone details as well as HIMA JOMO’s full name and address, a succinct account of the facts, and the proof of previous approaches.
A request must be addressed in writing to the HIMA JOMO Customer Service before any request for mediation to the CMAP.
The failure of a party to pursue any breach of any of the provisions of the Terms and Conditions hereof shall not be construed as a waiver either of such provisions or the right thereafter to enforce each and every such provision.
In accordance with the French Data Protection Act and the European Regulation 2016/679 of April 27, 2016, known as the General Data Protection Regulation, (GDPR), the Customer has, at any time, the right to access and rectify his or her personal data, as well as the right to request its deletion, to object to its processing for legitimate reasons and to obtain its limitation or portability insofar as applicable.
These rights can be exercised by contacting contact@himajomo.com. Proof of identity may be required in some cases for reasons of security and data protection.
For more information about the processing of personal data and the exercise of rights, we invite you to read the HIMA JOMO Privacy Policy, also available on this site.
(Complete and return this form by any means or via the contact form made available on the Site via the “contact” button only if you wish to terminate the contract)
Attention: HIMA JOMO
I/We (*) hereby notify you (*) that I/We withdrawal from the contract of sale of the following goods (*)/services (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Consumer(s) Address:
Signature of consumer(s) (only if notifying this form on paper):
Date:
(*) Delete as appropriate.
ALCOHOL DENAT. – PARFUM (FRAGRANCE) – AQUA (WATER) – LINALOOL. – LIMONENE – CINNAMAL – CITRAL – GERANIOL – FARNESOL – EUGENOL – ISOEUGENOL – BENZYL BENZOATE
ALCOHOL DENAT. – PARFUM (FRAGRANCE) – AQUA (WATER) – LINALOOL – CITRONELLOL – LIMONENE.
HYDROXY – CITRONELLAL – GERANIOL – ISOEUGENOL – CITRAL – EUGENOL – FARNESOL
ALCOHOL DENAT. – PARFUM (FRAGRANCE) – AQUA (WATER) – LIMONENE LINALOOL – CITRONELLOL – GERANIOL – FARNESOL – COUMARIN – CITRAL – BENZYL ALCOHOL – BENZYL BENZOATE – CINNAMAL
ALCOHOL DENAT. – PARFUM (FRAGRANCE) – AQUA (WATER) – LINALOOL – CITRONELLOL – BENZYL BENZOATE – GERANIOL – BENZYL SALICYLATE – BENZYL CINNAMATE – FARNESOL – LIMONENE – ISOEUGENOL – EVERNIA PRUNASTRI EXTRACT – EUGENOL – CITRAL -BENZYL ALCOHOL – CINNAMYL ALCOHOL
ALCOHOL DENAT. – PARFUM (FRAGRANCE) – AQUA (WATER) – LINALOOL – LIMONENE – CITRONELLOL -GERANIOL – CITRAL – BENZYL BENZOATE – BENZYL SALICYLATE – ISOEUGENOL – FARNESOL – ANISE ALCOHOL – EUGENOL – BENZYL ALCOHOL
ALCOHOL DENAT. – PARFUM (FRAGRANCE) – AQUA (WATER) – LIMONENE – EUGENOL – COUMARIN – LINALOOL – CINNAMAL – BENZYL BENZOATE – ISOEUGENOL – CINNAMYL ALCOHOL – BENZYL CINNAMATE – CITRAL – BENZYL ALCOHOL – BENZYL SALICYLATE
ALCOHOL DENAT. – PARFUM (FRAGRANCE) – AQUA (WATER) – LINALOOL – LIMONENE – EUGENOL – GERANIOL – FARNESOL – ISOEUGENOL – COUMARIN – BENZYL BENZOATE – CITRAL