These Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by Heatstone (the "Seller") to consumers and non-professional buyers (the "Customers" or "Customer"), wishing to acquire the products offered for sale by the Seller (the "Products") on the website heatstone.co.
They specify in particular the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.
These Terms and Conditions of Sale may be supplemented by particular conditions, stated on the website, before any transaction with the Customer.
These Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to store sales or through other distribution and marketing channels.
They are accessible at any time on the website heatstone.co and will take precedence, if applicable, over any other contradictory version or document.
These Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in effect on the website on the date the order is placed.
The Products offered for sale on the website heatstone.co are as follows:
Fire Pit
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the website heatstone.co.
The Customer is required to familiarize themselves with them before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website heatstone.co are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in case of continuous or periodic supply of a product, the minimum duration of the contract offered.
The contractual information is presented in English and is confirmed at the latest at the time of validation of the order by the Customer.
Product offers are understood within the limits of available inventory, as specified when placing the order.
The Seller's contact information is as follows:
Heatstone
200 rue de la Croix Nivert, 75015 Paris, France
Email: contact@heatstone.co
Phone: +1 802-255-8508
In accordance with the Data Protection and Freedoms Law of January 6, 1978, strengthened and supplemented by GDPR (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has, at any time, the right to access, rectify, object, delete and port all of their personal data by writing, by mail and by providing proof of identity, to the address of the Seller mentioned above.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these Terms and Conditions of Sale.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the website heatstone.co.
It is the responsibility of the Customer to select on the website heatstone.co the Products they wish to order, according to the following terms:
The Customer has the ability to verify the details of their order, its total price and to correct any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and to immediately report or correct any errors.
The registration of an order on the website heatstone.co is carried out when the Customer accepts these Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. This validation implies acceptance of all of these Terms and Conditions of Sale as well as the general terms and conditions of use of the website.
The sale is final only after the Seller sends the Customer confirmation of acceptance of the order by email, which must be sent without delay and after collection by the Seller of the full price.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the procedures described above, on the website heatstone.co constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment of a prior order.
The Customer may track the progress of their order on the website heatstone.co in the "Order Tracking" section.
The Seller does not intend to sell Products on the website heatstone.co to professionals, but only to consumers or non-professionals for their personal needs.
Any possible modifications to the order by the Customer can only be taken into account by the Seller within the limits of its possibilities and provided they are notified by email to the following address: contact@heatstone.co at least 48 hours before the scheduled date of shipment of the order.
In the event that these modifications cannot be accepted by the Seller, any amounts paid by the Customer when placing the order will be refunded within a maximum of 14 days from notification of the inability to accept the modifications requested by the Customer (unless the Customer prefers to benefit from a credit or exchange).
Orders can be canceled by the Customer outside of the exercise of the right of withdrawal or in case of force majeure at least 48 hours before the scheduled date for the supply of ordered Products, without charge to the Customer.
The Products are supplied at the prices in effect on the website heatstone.co at the time the Seller records the order. Prices are expressed in Euros or USD, including all applicable taxes.
The prices take into account any discounts that may be granted by the Seller on the website.
These prices are firm and non-revisable during their validity period, as indicated on the website, the Seller reserving the right, outside of this validity period, to modify the prices at any time. They include processing, shipping, transport and delivery fees.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
The price is payable in full on the day the Customer places the order, by secure payment method, according to the following terms:
Accepted Payment Methods:
Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer can request cancellation of the payment and restitution of the corresponding amounts.
The Products ordered by the Customer will be delivered in the United States.
The delivery time corresponds to the shipping time indicated on the Product sheet to which is added the processing and delivery time. Products are delivered within 5-7 business days to the address indicated by the Customer when placing their order on the website.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the ordered Products will be delivered all at once.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the timeframes specified above. However, these timeframes are provided for information purposes only. If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be resolved at the written request of the Customer in accordance with applicable consumer protection laws. The amounts paid by the Customer will then be refunded no later than fourteen days following the date of contract termination, excluding any indemnification or withholding.
In case of non-conformity of the delivered Product, the Seller undertakes to remedy it or reimburse the Customer, as indicated in the "Seller's Responsibility - Warranty" article.
The Seller bears the risks of transport and is required to reimburse the Customer in case of damage caused during transport.
The transfer of ownership of the Products from the Seller to the Customer will only take place after complete payment of the price by the Customer, regardless of the date of delivery of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating to them will only take place when the Customer physically takes possession of the Products. The Products travel at the risk and peril of the Seller.
In accordance with applicable legal provisions, the Customer has a period of thirty (30) days from receipt of the Product to exercise their right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within thirty (30) days following notification to the Seller of the Customer's withdrawal decision.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be accepted.
The right of withdrawal can be exercised online using the withdrawal form available on the website heatstone.co, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or by any other statement, free of ambiguity, expressing the intention to withdraw.
In case of exercise of the right of withdrawal within the above-mentioned period, the price of the Product(s) purchased and the delivery costs are refunded. Return shipping costs are covered by Heatstone.
The refund will be made within fourteen (14) days from notification to the Seller of the withdrawal decision.
The Products sold on the website heatstone.co comply with applicable regulations and have performance compatible with non-professional uses.
The Products provided by the Seller benefit as a matter of right and without additional payment, independently of the right of withdrawal, in accordance with applicable legal provisions:
It is recalled that in the context of the legal warranty of conformity, the Customer benefits from a period of two years from the delivery of the product to take action against the Seller; may choose between the repair or replacement of the ordered Product, subject to the cost conditions provided for in applicable consumer protection laws; is relieved of the burden of proving the existence of the non-conformity defect of the Product for twenty-four months following the delivery of the Product.
The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may decide to implement the warranty against hidden defects of the Product in accordance with applicable civil code provisions; in this case, the Customer may choose between cancellation of the sale or a reduction in the sale price in accordance with applicable law.
The Seller will reimburse or replace Products or parts under warranty deemed non-conforming or defective. Shipping costs will be reimbursed based on the invoiced rate. Return shipping costs are covered by Heatstone.
Reimbursements for Products deemed non-conforming or defective will be made as soon as possible and no later than fourteen (14) days following the Seller's determination of the non-conformity defect or hidden defect. The refund will be made by credit to the Customer's bank account.
The Seller's responsibility cannot be engaged in the following cases:
The Seller's warranty is, in any case, limited to the replacement or refund of non-conforming Products or affected by a defect.
In application of the Data Protection Law of January 6, 1978 as amended, it is recalled that the personal data requested from the Customer is necessary for the processing of their order and the establishment of invoices, in particular. This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website heatstone.co complies with legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with applicable national and international regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing regarding information concerning them. This right can be exercised under the conditions and according to the procedures defined on the website heatstone.co.
The content of the website heatstone.co is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute counterfeiting, unfair competition and parasitism.
These Terms and Conditions of Sale expressly exclude the legal regime of unforeseen circumstances for all Product sales operations from the Seller to the Customer. The Seller and the Customer each waive the right to rely on the provisions relating to unforeseen circumstances in applicable law.
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of applicable law.
These Terms and Conditions of Sale and the transactions resulting from them are governed by the laws of the State of Delaware, without regard to its conflict of law principles.
BINDING ARBITRATION: You and Heatstone agree that any dispute arising out of or relating to the Website, these Terms and Conditions, the Products sold, or their use shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except for claims of intellectual property infringement or disputes brought in small claims court. Arbitration shall be conducted on an individual basis and not as a class action. The arbitration shall take place at a location convenient to both parties or remotely by videoconference. Each party shall bear its own costs and a proportional share of arbitration fees.
The Customer may also contact the Better Business Bureau (BBB) to file a complaint or seek mediation services at: https://www.bbb.org/
These Terms and Conditions of Sale and the transactions resulting from them are governed by French law. Any dispute relating to the validity, interpretation, performance, termination, consequences and follow-up of purchase and sale operations concluded in accordance with these general terms and conditions of sale that could not be resolved between the Seller and the Customer will be subject to the competent courts in accordance with common law.
The Customer is informed that they may in any event resort to conventional mediation or any alternative dispute resolution method (conciliation, for example) in case of dispute.
The fact that a natural person (or legal entity) places an order on the website heatstone.co entails adherence and full acceptance of these Terms and Conditions of Sale and obligation to pay for the ordered Products, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on heatstone.co except for exclusions or limitations to the exercise of the right of withdrawal following the applicable Terms and Conditions of Sale.
To the attention of Heatstone by email: contact@heatstone.co
Date of Order: ...........................................................
Order Number: ...........................................................
Customer Name: ...........................................................................
Customer Address: .......................................................................
Customer Signature (signature required only if notifying this form in paper format)