General Terms and Conditions of Sale and Use
Article 1 Seller Identity and Contact Details
The website heritagehub.fr is operated by SA & CONSULTANTS, a simplified joint-stock company (société par actions simplifiée) with a capital of 50,000 euros, registered in the Nanterre Trade and Companies Register under number 922 558 002, with its registered office located at 43 boulevard de Verdun, 92400 Courbevoie, France.
SIRET number: 922 558 002 00015. Intra-community VAT number: FR81922558002.
Trade name: Heritage Hub.
Email address: contact@heritagehub.fr. Telephone: +33 (0)1 75 84 06 66.
The seller can be contacted for any questions regarding an order, a product, the exercise of a right, or a complaint.
Article 2 Purpose and Scope
These general terms and conditions of sale and use, hereinafter the "T&Cs", govern:
· distance selling, via the heritagehub.fr website, of comic albums, books, drawings, collector's items, accessories, and other goods offered by Heritage Hub;
· valuation or artwork research services offered on the site;
· access to and use of the site by its visitors.
They apply to orders placed by any natural person acting for purposes outside the scope of their commercial, industrial, craft, liberal, or agricultural activity, hereinafter the "Client" or "Consumer". Any order placed for professional purposes is subject to separate terms or a specific agreement.
The applicable T&Cs are those accepted by the Client at the time of the order. They are made available to the Client before the order is validated and may be saved or printed. Validation of the order implies their unreserved acceptance.
The language of the contract is French.
Article 3 Products and collector's items
The products offered are described with the utmost care on their product pages. The description specifies, based on available and relevant information, the nature of the item, its edition, dimensions, condition, visible defects, specific features, as well as any accompanying provenance documents or certificates.
Many products are second-hand, vintage, or collector's items. They may show signs of use, alterations, restorations, fading, annotations, or defects related to their age and history. These elements are noted in the description and photographs when they are known and materially observable.
For works of art and collector's items, indications regarding the nature, composition, origin, and age of the item are provided based on available elements and in compliance with applicable regulations. Terms such as "original", "signed by", "dedicated by", "attributed to", "workshop of", "school of", "in the style of", or "after" are used only with the scope corresponding to the actual level of proof and the documents held.
When a certificate or an external opinion accompanies an item, the product page indicates, as far as possible, the identity of the issuer, its reference, its date, and the specific item it covers. The mere presence of sales history, selection on a platform, or a provenance document is not presented as a certification if it does not constitute one.
Photographs are part of the product description. However, color differences may result from the settings of the screen used. The Client is invited to request any additional photographs or information they deem necessary before ordering.
Unless otherwise indicated, collector's items are available as a single unit. Offers are therefore valid subject to available stock.
Article 4 Valuation service
Heritage Hub may offer a valuation service covering, in particular, the condition, edition, observable characteristics, specific features, and indicative market value of an item, according to the package described at the time of the order.
The deliverable, price, required information or photographs, and the indicative turnaround time are specified before the order. The Client agrees to transmit accurate information and sufficiently clear images to allow for the requested examination.
Unless expressly stated otherwise identifying a competent external body, this service provides an evaluation opinion and does not constitute a judicial appraisal, an official certification, or a guarantee of resale at a determined price. When the nature of the request requires the intervention of a specialized third party, Heritage Hub will inform the Client and specify the terms of this intervention before any additional commitment.
Article 5 Price
Prices are indicated in euros, inclusive of all taxes, excluding delivery charges. Delivery charges, any additional fees, and the total amount to be paid are communicated to the Client before final validation of the order.
The applicable price is the one displayed at the time of the order. Heritage Hub may change its prices for the future, with no effect on orders already confirmed.
In the event of a manifest pricing error that the Client could not reasonably ignore, Heritage Hub will contact the Client to offer them the option to confirm the order at the exact price or cancel it with a full refund of the amounts paid.
Article 6 Ordering and formation of the contract
Before confirming their order, the Client may verify its content, total price, and entered information, then correct any errors. They then validate the order using a button clearly indicating the payment obligation.
Receipt of the order is confirmed via a summary email. The contract is concluded when Heritage Hub confirms the order after payment authorization. This confirmation includes the essential information of the order and provides access to the T&Cs on a durable medium.
Heritage Hub may refuse or cancel an order for a legitimate reason, particularly in the event of product unavailability, refusal of payment authorization, manifest error, objective suspicion of fraud, or an unresolved prior dispute. In the event of cancellation after payment, the amounts collected will be refunded without undue delay.
Article 7 Payment
The price is payable in full at the time of the order using the payment methods offered during the checkout process. The methods actually available are displayed before payment validation.
Payment is processed by the secure service providers offered on the site. Heritage Hub does not access the Client's full banking details. The order may be suspended in the event of payment refusal or payment incident.
An invoice is made available or sent to the Client. For works of art and collector's items, it includes, upon the Client's request, advanced specifications regarding the nature, composition, origin, and age of the item in accordance with applicable regulations.
Article 8 Delivery
Products are delivered to the territories and using the methods offered during the order. The delivery address must be complete and accurate. Fees, the carrier, the delivery method, and the date or time frame for delivery are indicated before validation of the order.
Orders are usually prepared within one to two business days after confirmation, excluding weekends and holidays. This preparation time does not constitute the transit time. The delivery date or time frame announced at the time of the order prevails. Failing such indication, delivery takes place at the latest thirty days after the conclusion of the contract.
In the event of a delay, the Client may exercise the rights provided by the Consumer Code, in particular by giving formal notice to Heritage Hub to effect delivery within a reasonable additional period and then, if delivery does not occur within that period, to terminate the contract. When the delivery date constitutes an essential condition of the contract, termination may occur immediately under legal conditions.
Upon receipt, the Client is invited to check the condition of the package and the product and to report any damage promptly by attaching photographs. The absence of reservations with the carrier does not deprive the Client of their legal guarantees.
Article 9 Transfer of risk and retention of title
The risk of loss or damage to the goods is transferred to the Client at the moment when the Client, or a third party designated by them other than the carrier proposed by Heritage Hub, takes physical possession of the goods. When the Client chooses a carrier they have selected themselves and which is not offered by Heritage Hub, the risk is transferred upon delivery of the goods to that carrier.
Heritage Hub retains ownership of the product until full payment of the price. This retention of title does not modify the rules for the transfer of risk applicable to the Consumer.
Article 10 Right of withdrawal for goods
The Client has fourteen days to exercise their right of withdrawal without having to justify their decision. This period runs from the day the Client, or a third party other than the carrier and designated by them, takes physical possession of the goods. For an order delivered in parts, the period runs from the receipt of the last item.
To exercise this right, the Client must notify, before the expiry of the period, an unambiguous decision to contact@heritagehub.fr or by mail to SA & CONSULTANTS – Heritage Hub, 43 boulevard de Verdun, 92400 Courbevoie, France. They may use the form provided in the appendix, though this is not mandatory.
The Client shall return the goods, without undue delay and at the latest fourteen days after communicating their decision, to the following address: SA & CONSULTANTS – Heritage Hub, 43 boulevard de Verdun, 92400 Courbevoie, France. The direct costs of return are to be borne by them. Given the value and sometimes unique nature of the goods, a tracked shipment, sufficiently insured and protected, is strongly recommended.
The Client is only liable for the depreciation of the goods resulting from handling other than that necessary to establish their nature, characteristics, and condition. The absence of the original shipping packaging does not forfeit the right of withdrawal, provided that the goods are protected appropriately for their return.
Heritage Hub will refund all payments received, including initial standard delivery costs, no later than fourteen days after being informed of the withdrawal. Additional costs corresponding to a more expensive delivery method than the standard method offered are not refunded. The refund may be deferred until the goods are recovered or until proof of shipment is received, whichever occurs first. It is carried out using the payment method used for the order, unless expressly agreed otherwise and at no cost to the Client.
The right of withdrawal and legal guarantees remain applicable to products on sale or subject to a promotion.
Article 11 Commercial return up to 30 days
In addition to the legal right of withdrawal, Heritage Hub accepts a return request made between the fifteenth and thirtieth day following receipt of the goods. The product must be returned complete, in the condition in which it was delivered, and with any documents or accessories that accompanied it. The direct return costs and initial delivery costs remain the responsibility of the Client under this commercial return policy. After receipt and inspection of the product, Heritage Hub will refund the product price. This commercial option does not limit in any way the legal right of withdrawal or legal guarantees.
Article 12 Withdrawal from the valuation service
For a service provided ordered at a distance, the Client has fourteen days from the conclusion of the contract to withdraw.
If the Client expressly requests that performance begin before the end of this period and subsequently exercises their right of withdrawal before full performance, they must pay an amount proportional to the service provided until the notification of their withdrawal. When the service has been fully performed before the end of the period, the right of withdrawal can only be lost if the Client has previously requested immediate performance and expressly acknowledged that they would lose their right once the service was fully performed.
Article 13 Legal guarantees
Legal guarantees apply to all goods sold by Heritage Hub, including second-hand goods, regardless of any commercial guarantee. The conformity of the goods is assessed in particular with regard to the description, condition, announced author or attribution, promised origin, and documents expressly included in the sale.
Legal guarantee of conformity
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests the repair of the goods, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price while keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience for the consumer, particularly when the consumer ultimately bears the costs of return or removal of the non-conforming goods, or if they bear the costs of installation of the repaired or replacement goods;
4° The lack of conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction of the price or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to termination of the sale if the lack of conformity is minor.
Any period of immobilization of the goods for the purpose of their repair or replacement shall suspend the remaining warranty period until the repaired goods are delivered.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
Any seller who in bad faith obstructs the implementation of the legal guarantee of conformity shall be liable to a civil fine of a maximum amount of 300,000 euros, which may be increased to up to 10% of the average annual turnover in accordance with Article L. 241-5 of the Consumer Code.
The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or a full refund upon return of the goods.
For second-hand goods, lack of conformity that appears within twelve months of delivery is presumed to have existed at the time of delivery, unless proven otherwise or incompatible with the nature of the goods or the defect. Beyond this period, the Customer may still take action within the two-year legal period, but must establish that the defect existed at the time of delivery.
To implement a legal guarantee, the Customer shall contact Heritage Hub at contact@heritagehub.fr, providing their order number, the reference of the goods, the alleged defect, and any useful information. This request is not subject to any fees or the mandatory use of a specific form.
Article 14 Complaints
Any complaint may be sent to SA & CONSULTANTS – Heritage Hub, 43 boulevard de Verdun, 92400 Courbevoie, France, or to contact@heritagehub.fr. The Customer is invited to include their order number and any elements enabling their request to be understood. Heritage Hub will acknowledge receipt of and process the complaint within a reasonable time.
Any request relating to the conformity, condition, attribution, signature, dedication, or provenance of an item will be examined based on the product sheet, the invoice, and the documents kept on file. This amicable procedure does not deprive the Customer of their legal rights.
Article 15 Liability
Heritage Hub is responsible for the proper performance of its obligations under the conditions provided for by law. Nothing in these GTC excludes or limits legal guarantees, liability resulting from fraud or gross negligence, or any mandatory right granted to the Consumer.
Heritage Hub cannot be held liable for damage resulting from misuse of the product, modifications made after delivery, or facts exclusively attributable to the Customer, a third party, or a case of force majeure, subject to applicable legal rules.
General information and editorial articles published on the site do not replace professional advice tailored to the visitor's specific situation.
Article 16 Intellectual property
The site, its structure, its texts, its photographs, its graphic elements, and its distinctive signs are protected by applicable intellectual property rights, subject to rights belonging to third parties. Any unauthorized reproduction or exploitation beyond legal exceptions is prohibited.
The sale of an object, a drawing, an album, or any other material medium does not entail any transfer of intellectual property rights attached to the work or the character represented, except with the express written consent of the rights holder.
Article 17 Reviews and content submitted by users
The Customer remains responsible for any content, reviews, photographs, or documents they transmit. They warrant that they hold the necessary rights for their communication and shall refrain from transmitting any content that is illicit, defamatory, misleading, infringing, or violating the rights of a third party.
When a review is published on the site, Heritage Hub may moderate it in compliance with applicable regulations and the review policy made available to users. No private content or expert documents transmitted for an order will be published without a legal basis or appropriate authorization.
Article 18 Personal data
Personal data is processed under the conditions described in the site's Privacy Policy. This policy specifies, in particular, the identity of the data controller, the purposes, legal bases, recipients, retention periods, any potential transfers, the rights of data subjects, and the procedures for lodging complaints with the CNIL.
Article 19 Operation and use of the site
The user agrees to use the site in accordance with the law and not to compromise its security or operation. Specifically prohibited acts include the introduction of malicious code, fraudulent access to a system, illicit data collection, identity theft, and the transmission of illicit content.
Heritage Hub may suspend access to the site for maintenance, security, or technical upgrades. Such interruptions do not affect orders already placed or the rights of Customers.
Article 20 Evidence and archiving
Computerized records kept under reasonable security conditions, order confirmations, electronic exchanges, invoices, and payment data constitute admissible evidence under the conditions of common law.
For orders of an amount equal to or greater than the applicable legal threshold, the contract is archived for the legal duration, and the Customer may request access to it by contacting contact@heritagehub.fr.
Article 21 Force majeure
Neither party shall be held liable for any failure caused by an event of force majeure within the meaning of Article 1218 of the Civil Code. The affected party shall inform the other party as soon as possible. If the impediment is temporary, performance is suspended; if it is permanent, the contract is terminated under the conditions provided for by law.
Article 22 Consumer mediation
SA & CONSULTANTS has taken the necessary steps to appoint a referenced consumer mediator, in accordance with Articles L.612-1 et seq. of the Consumer Code.
The full contact details of the competent mediator will be published on the Site and incorporated into these General Terms and Conditions of Sale as soon as the membership agreement is finalized.
In the meantime, any complaint must be sent to SA & CONSULTANTS – Heritage Hub:
* by e-mail: contact@heritagehub.fr;
* by post: 43 boulevard de Verdun, 92400 Courbevoie, France.
Article 23 Governing law and competent jurisdiction
These GTC and the contracts concluded on the site are subject to French law, without depriving the Consumer residing in another European Union Member State of the more protective mandatory provisions they benefit from in their country of residence.
In the event of a dispute, the parties will first seek an amicable solution. Failing that, the Consumer may bring the matter before one of the courts territorially competent under the Code of Civil Procedure or the court of the place where they resided at the time of the conclusion of the contract or the occurrence of the harmful event, in accordance with the Consumer Code.
Article 24 Amendment and severability
Heritage Hub may amend these GTC for the future. The version applicable to an order remains the one accepted at the time of its conclusion. If any provision is declared void or unenforceable, the other provisions shall remain in full force and effect to the extent permitted by law.
Annex
Withdrawal form template
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of SA & CONSULTANTS – Heritage Hub, 43 boulevard de Verdun, 92400 Courbevoie, France – contact@heritagehub.fr:
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) / for the provision of services (*) below:
Goods or service concerned: ................................................................................................
Order number: .....................................................................................................
Ordered on (*) / received on (*): ........................................................................................
Name of the consumer(s): .....................................................................................
Address of the consumer(s): ...............................................................................
Date: ................................................................................................................................
Signature of the consumer(s), only in case of a paper form:
...........................................................................................................................................
(*) Delete as appropriate.