Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1 – COMPANY INFORMATION

These General Terms and Conditions of Sale apply to HARK GROUP and its subsidiaries, namely:

• HARK GROUP (HARK RECORDS – HARK AUDIO), a simplified joint-stock company with a capital of €10,000.00, registered in the Paris Trade and Companies Register under number 912 545 753 00010, with its registered office at 148 Rue du Faubourg Poissonnière, 75010 Paris;
• HARK RECORDS, a secondary establishment, registered in the Paris Trade and Companies Register under number 912 545 753 00036, located at 76 rue Léon Frot – 75011 Paris;
• HIFI STORE PARIS (HARK REPAIR), a simplified joint-stock company with a capital of €91,250.00, registered in the Paris Trade and Companies Register under number 880 627 716 00033, with its registered office at 148 Rue du Faubourg Poissonnière, 75010 Paris;
• HARK REPAIR, a secondary establishment, registered in the Paris Trade and Companies Register under number 880 627 716 00041, located at 3 rue la Vacquerie – 75011 Paris.

Email address: contact@hark-group.fr
Phone number: +33 6 22 65 12 72

ARTICLE 2 – SCOPE

These General Terms and Conditions of Sale (“GTC”) apply without restriction or reservation to all sales concluded by HARK Group and Hifi Store Paris (hereinafter “the Seller”) with consumers and non-professional buyers (hereinafter “the Customers” or “the Customer”), wishing to purchase the products offered for sale by the Seller (“the Products”), namely: HARK AUDIO speakers, refurbished vintage audio equipment, and second-hand vinyl records, by placing an order via the website www.hark.paris.

They specify the conditions for ordering, payment, and delivery of the Products ordered by Customers.

These GTC apply to the exclusion of any other conditions, particularly those applicable to sales made via the Internet or through other distribution and marketing channels.

The GTC are systematically communicated to any Customer before placing an order and shall prevail over any other version or contradictory document.

By ticking a checkbox before placing an order, the Customer acknowledges having read and accepted these GTC. The validation of the order by the Customer constitutes full and unconditional acceptance of these GTC. The Seller draws the Customer’s attention to the importance of these GTC and the necessity for the Customer to read them in full.

These GTC may be subject to future amendments, and the version applicable to the Customer’s purchase is the one in force on the day of the contract's conclusion.

ARTICLE 3 – ORDER

You can place an order via our website: www.hark.paris.

You will be asked to create an account and provide certain personal information (such as name, surname, and email address) to facilitate processing your order and delivery. Account registration is a necessary prerequisite for ordering products.
The Customer guarantees the accuracy of the provided information.

Once your registration is complete, you can log into our website and proceed with your purchases. Access to your account requires entering your email address and the password created during registration.

After logging in, you select your desired products and add them to your cart. From the “cart” section, you will be invited to confirm your order by entering billing and shipping addresses, selecting a delivery method, and choosing a payment method. Before finalizing your order, you must accept the General Terms and Conditions of Sale by ticking a checkbox. A summary of your selected products, delivery details, and the final amount due will be displayed.

Order validation signifies acceptance of the GTC and constitutes a contract, creating a payment obligation for the Customer.

You will then receive an email with an order summary confirming your purchase.

An email will also be sent upon shipment of the order, including a PDF copy of the General Terms and Conditions of Sale.

From the “My Account” section on our website, you can access and modify your account details and view a summary of your current orders.

In certain cases (e.g., non-payment, incorrect address, or account issues), the Seller reserves the right to block the Customer’s order until the issue is resolved.

For any inquiries regarding order tracking, the Customer may:

• Call +33 6 22 65 12 72 (local call rate) Monday to Friday from 10 AM to 6 PM.
• Send an email to contact@hark-group.fr.

ARTICLE 4 – PRICES

The Products are provided at the current prices listed on the Seller’s website at the time of purchase or order placement. Prices are in Euros (€), excluding and including taxes (HT and TTC). These prices are firm and non-negotiable during their validity period, but the Seller reserves the right to modify prices at any time outside this period.

For Products not collected directly by the Customer, additional processing, shipping, transport, and delivery fees will be applied, as indicated on the Seller’s website and calculated before finalizing the order. The total price paid by the Customer includes these fees.

ARTICLE 5 – PAYMENT TERMS

Products offered by the Seller are delivered to the Customer in exchange for payment.

5.1. Full Payment

The total price must be paid in full at the time of purchase or order placement via the following payment methods:

• Credit cards: CB, Visa, MasterCard, American Express, and other accepted cards.

Payments by credit card are final unless fraudulent use is reported. In such a case, the Customer may request payment cancellation and reimbursement.

Payments are considered final only after the Seller has received the full amount due.

ARTICLE 6 – PRODUCT AVAILABILITY

Product and price offers remain valid while displayed on the website, subject to stock availability.

In rare cases, stock discrepancies may occur. If a Product becomes unavailable after an order is placed, the Customer will be informed by email and offered either a partial delivery or order cancellation.

If an order is fully or partially canceled due to unavailability, the corresponding payment will not be processed. If already debited, the amount will be refunded within fourteen (14) days from the cancellation date.

ARTICLE 7 – DELIVERY

The Products purchased on the website are available for delivery worldwide unless otherwise stated. They are delivered to the delivery address provided at the time of the order. The Customer is responsible for the accuracy of the information provided when placing the order. In case of an error in the recipient's details (such as name, first name, street name and number, postal code, city name, phone number, or email address), the Seller shall not be held responsible for the inability to deliver the order.

Delivery is carried out by the carrier available in the delivery area, using standard delivery. If the transport service is charged, the following information will be provided to the Customer:

• The cost of delivery,
• The carrier responsible for the delivery,
• The delivery time.

If the Customer is not present at the delivery address they provided during the order on the day of delivery, a delivery notice will be left in their mailbox, informing them to collect their package at the carrier’s office/pick-up point/post office, etc., according to the carrier’s terms, and within the period specified in the notice. After this period, the package will be returned to the Seller.

The Customer acknowledges that the delivery is considered completed when the package is delivered to the mailbox, directly to the Customer's home, or to the carrier’s office/pick-up point/post office (according to the carrier’s terms), with the proof of delivery from the carrier serving as proof of delivery.

The Seller commits to delivering the products within a reasonable time from the order confirmation, depending on the delivery location. The delivery time is confirmed to the Customer before they definitively confirm their order online, and then in the order confirmation email sent to them.

The Customer may cancel their order by registered letter with return receipt or by any other durable medium, if, after having requested, by the same method, that the Seller deliver the goods within a reasonable additional time, the Seller has failed to do so.

The order is considered canceled when the Seller receives the letter or written notice informing them of the cancellation, unless the Seller has fulfilled the delivery in the meantime.

The Seller will then reimburse the Customer for the total amount paid for the undelivered Products within a maximum of fourteen (14) days from the date of cancellation of the order by the Customer.

ARTICLE 8 – TRANSPORT – RECEIPT – RESERVATIONS

It is the Customer's responsibility to check the conformity of the Products and the condition of their packaging upon delivery.

In case of damage to the package or apparent anomalies (damaged, opened package, etc.), the Customer must:

• If they personally take delivery of the products from the carrier and can make reservations with the carrier: report their reservations on the delivery slip presented by the carrier at the time of delivery; and
• Report their reservations to the Seller whose contact details are listed in Article 1, within a reasonable time after delivery.

Failure to follow this procedure, without prejudice to the legal warranties mentioned in Article 12:

• The Seller will not take any claim into account.
• The Seller commits to refunding or exchanging products that do not correspond to the order.

The customer must report any detectable non-compliance and return the product(s) to the Seller by following the return procedure detailed in Article 11.3 below. The Seller will proceed with the exchange or refund after examining the returned product(s). If the returned items are incomplete, damaged, or excessively soiled, they will not be accepted by the Seller. Under no circumstances can a return, exchange, or refund be requested or processed in-store.

ARTICLE 9 – PERSONAL DATA

The information collected on the site www.hark.paris as well as during any online purchase on the said site is intended for HARK Group and is used for the following purposes: sending newsletters, commercial and/or promotional offers from HARK Group, concerning exclusively HARK Group products and services, commercial management, customer management, etc.

The data collected includes: name, first name, address, and banking data.

The data is kept for the duration necessary for its use. The data is then anonymized or deleted when it is no longer needed, in order to fulfill the stated purposes, unless legislation requires it to be kept for a longer period.

In accordance with the "Informatique et Libertés" law of January 6, 1978 and the General Data Protection Regulation (GDPR) of May 23, 2018, the Customer has the right to access, rectify, and delete their personal data. To exercise these rights, the Customer can contact the Seller at the following email address: hello@hark-group.fr.

For more information, please refer to the privacy policy available on the site www.hark.paris.

ARTICLE 10 – RESERVATION OF OWNERSHIP – TRANSFER OF RISKS

The Seller reserves ownership of each Product delivered until full payment of the amount due for the said Product is received by the Seller. The transfer of risk related to the Product(s) occurs when the Product(s) are handed over to the Customer, with the Seller remaining responsible for any loss, theft, damage, or destruction during transport.

In case of non-payment, the Seller reserves the right to take action to reclaim each concerned Product.

ARTICLE 11 – RIGHT OF WITHDRAWAL

11.1. Right and Withdrawal Period

The Customer has the legal right to withdraw, without providing any reason, within fourteen (14) days from the date of receipt of the Product(s) ordered on the website.

If the order consists of several Products delivered separately, the withdrawal period for all Products concerned by this order begins from the date of receipt of the last Product.

11.2. Conditions for Exercising the Right of Withdrawal

To exercise their right of withdrawal, the Customer must notify the Seller of their intention to withdraw, before the expiration of the thirty (30) day period mentioned above. To do so, the Customer can use the following methods:

• Send an unambiguous statement clearly expressing their desire to withdraw, by mail or email.
• Or return the withdrawal form reproduced in Appendix 1 of this document, duly completed and signed, by mail or email.

The withdrawal request should be sent to the following contact details:

HARK Group,
74 rue Léon Frot, 75011 Paris,
Email address: contact@hark-group.fr

For any information on the withdrawal process, the Customer may contact the Seller using the contact details in Article 1.

11.3. Return and Refund Period and Procedures

The Customer has fourteen (14) days from the notification to the Seller of their intention to withdraw to return the Product(s) to the following address: 74 rue Léon Frot, 75011 Paris.

To return the Product(s), the Customer is invited to contact the Seller, who will arrange the return of the Product(s) at no cost to the Customer. The Seller will send the Customer a prepaid return label by email to affix to the package. The Customer will then drop the package off at the nearest pick-up point/carrier's office/post office.

If the package is too large, the Seller will offer the Customer a free pick-up service for the Product(s) at their home. In this case, the designated carrier will contact the Customer to arrange a pick-up date for the Product(s).

The Customer opting for free home pick-up agrees to be available on the dates proposed by the carrier, so as not to unduly delay the pick-up of the Product(s) by the Seller. The pick-up must, in any case, take place within the fourteen (14) days the Customer has to return the unwanted Product(s). The Seller reserves the right to refuse to proceed with such a pick-up if it occurs after the expiration of the fourteen (14) day return period, provided that the expiration of this period is attributable to the Customer.

To be eligible for a refund, the Product(s) must be returned with a copy of the purchase invoice, in their original condition and packaging, considering that the Customer is only allowed to carry out the checks on the Product(s) that they would have been able to do when purchasing in a physical store. Product(s) that have been used by the Customer after delivery cannot be returned. The metal plate on the back of the Product, bearing the serial number, must not have been removed or erased.

If the above conditions are met, the Seller will send an email to the Customer confirming the good receipt of the returned Product(s) and will refund the Customer the full amount paid for the order, including delivery charges (based on the standard delivery method offered by the Seller), no later than fourteen (14) days from the date the Seller receives the returned Product(s).

The Seller will not refund any additional costs incurred if the Customer chose a more expensive delivery method than the standard delivery method offered by the Seller and defined as such during the ordering process.

ARTICLE 12 – WARRANTIES – SELLER'S LIABILITY

12.1. Legal Warranty of Conformity

The Seller commits to delivering a product that is compliant with the contractual description and the criteria stated in Article L217-5 of the Consumer Code.

The Seller is responsible for defects of conformity existing at the time of delivery of the Product(s) that appear within a period of two (2) years from the delivery date. This warranty period starts when the Customer becomes aware of the defect in conformity. For second-hand goods, this period is set at twelve months.

In case of non-conformity, the Seller agrees to refund or exchange the Product(s) that are apparently non-compliant or do not correspond to the order.

Any Product brought into conformity under the legal warranty of conformity benefits from an extension of this warranty for six (6) months.

If the requested conformity adjustment is impossible or incurs disproportionate costs, the Seller may refuse to make the adjustment and will refund the price of the Product(s).

12.2. Legal Warranty Against Hidden Defects

The Seller is liable for hidden defects under the legal warranty against hidden defects arising from material, design, or manufacturing flaws affecting the Product(s) delivered, rendering them unfit for use, for a period of two (2) years from the discovery of the defect.

The Customer may choose to invoke the warranty for hidden defects in the Products as per Article 1641 of the Civil Code; in this case, they can choose between the rescission of the sale or a reduction in the sale price.

12.3. Commercial Warranty

In addition to the legal warranties mentioned above, which apply to all Products sold by the Seller, the Seller offers the Customer a free/paid warranty extension for certain Products, for an additional period of five (5) years starting from the expiration of the legal warranty of conformity.

In addition to the legal warranties, the Seller offers a free commercial warranty for a duration of 5 years from the sale.

This warranty exclusively covers the restoration of the Products, including parts and labor.

12.4. Warranty Implementation Procedures

To return a Product under any of the above warranties, the Customer is invited to contact the Seller, who will arrange for the return of the concerned Product(s) at no cost to the Customer.

The Seller may request proof of purchase from the Customer, including an invoice or receipt.

The Product(s) must be returned in their original packaging or in suitable protective packaging.

12.5. Warranty Exclusions

The Seller’s liability cannot be engaged in the following cases:

• Failure to comply with the laws of the country where the Products are delivered, which it is the Customer’s responsibility to verify before placing the order.
• In case of misuse, professional use, negligence, or lack of maintenance by the Customer, as well as in cases of normal wear and tear, accidents, or force majeure.

ARTICLE 13 – FORCE MAJEURE

Neither Party shall be held responsible if the non-performance or delay in performance of any of their obligations, as described herein, is due to a force majeure event, as defined in Article 1218 of the Civil Code, or to exceptional health or weather conditions beyond the control of the Parties.

The Party experiencing the event must immediately inform the other Party of its inability to perform its obligation and provide justification. The suspension of obligations shall not constitute a cause for liability for non-performance of the affected obligation, nor lead to the payment of damages or penalties for delay.

The performance of the obligation is suspended for the duration of the force majeure event if it is temporary and does not exceed 60 days. Consequently, once the cause of the suspension of their mutual obligations disappears, the Parties will make every effort to resume the normal performance of their contractual obligations as soon as possible. To this effect, the affected Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the hindrance is permanent or exceeds 60 days, this agreement shall be deemed terminated, by sending a registered letter with acknowledgment of receipt or any extrajudicial act.

ARTICLE 14 - INTELLECTUAL PROPERTY

The Seller retains ownership of all intellectual property rights, including but not limited to copyrights, trademarks, designs, models, know-how, trade names, database rights, etc., associated with the Products sold and provided by the Seller.

The Customer is therefore prohibited from reproducing or exploiting these rights without the express, written, and prior authorization of the Seller, who may make it subject to financial compensation.

All content on this site, including but not limited to texts, graphics, images, logos, videos, icons, and software, is the exclusive property of the Seller or its partners and is protected by national and international intellectual property laws.

Any reproduction, representation, modification, publication, adaptation, of all or part of the elements of the site, by any means or process, is strictly prohibited without the prior written consent of the Seller.

ARTICLE 15 - MEDIATION

The Customer is informed that they can, in any case, resort to conventional mediation, notably with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, or any alternative dispute resolution method (such as conciliation) in case of a dispute.

ARTICLE 16 - APPLICABLE LAW – LANGUAGE

These General Terms and Conditions of Sale and the operations arising from them are governed by French law.

They are written in French. In the event they are translated into one or more languages, only the French text will be considered binding in case of a dispute.

ARTICLE 17 - DISPUTES

All disputes arising from the purchase and sale operations concluded under these General Terms and Conditions of Sale, concerning their validity, interpretation, performance, non-performance, termination, consequences, and aftermath, and which have not been resolved amicably between the Seller and the Customer, shall be submitted to the competent courts under the conditions of common law.

If the dispute must be brought before the courts, the consumer may, in addition to one of the territorially competent jurisdictions under the Civil Procedure Code, choose to bring the case before the court of the place where they were residing at the time of the conclusion of the contract or the occurrence of the damaging event.

It is also reminded that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution Platform, facilitating the independent extrajudicial resolution of online disputes between consumers and professionals in the European Union.

 

 

ANNEX 1

Article L217-3 of the Consumer Code

The seller delivers a product in conformity with the contract and the criteria outlined in Article L. 217-5.
The seller is responsible for any conformity defects present at the time of delivery of the product as per Article L. 216-1, which appear within two years from the date of delivery.
In the case of a sale contract for a product containing digital elements: 1° When the contract provides for the continuous provision of digital content or a digital service for a period of two years or less, or when the contract does not specify the duration of the provision, the seller is responsible for any conformity defects of this digital content or digital service that appear within two years from the delivery of the product; 2° When the contract provides for the continuous provision of digital content or a digital service for a period greater than two years, the seller is responsible for any conformity defects of this digital content or digital service that appear during the period in which it is provided under the contract.
For such products, the applicable deadline does not deprive the consumer of their right to updates in accordance with the provisions of Article L. 217-19.
The seller is also responsible, during the same time frames, for conformity defects resulting from the packaging, assembly instructions, or installation when the seller is responsible for it under the contract or when the installation is carried out under the seller’s responsibility, or if the consumer’s incorrect installation, as outlined in the contract, is due to deficiencies or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point for the prescription of the consumer's claim is the day the consumer becomes aware of the conformity defect.

Article L217-4 of the Consumer Code

A product is in conformity with the contract if it meets, among other criteria, the following: 1° It corresponds to the description, type, quantity, and quality, particularly regarding functionality, compatibility, interoperability, or any other characteristic specified in the contract; 2° It is fit for any specific use that the consumer has made known to the seller at the latest at the time of the conclusion of the contract and that the seller has accepted; 3° It is delivered with all accessories and installation instructions required under the contract; 4° It is updated in accordance with the contract.

Article L217-5 of the Consumer Code

I.- In addition to the criteria for conformity with the contract, the product is in conformity if it meets the following criteria: 1° It is suitable for the usual use expected of a product of the same type, considering, if applicable, any European Union and national law provisions, as well as technical standards or, in the absence of such standards, any specific codes of conduct applicable to the relevant sector; 2° It has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract; 3° If applicable, the digital elements it contains are provided in the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise; 4° If applicable, it is delivered with all accessories, including packaging, and the installation instructions the consumer can legitimately expect; 5° If applicable, it is provided with updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19; 6° It corresponds to the quantity, quality, and other characteristics, including durability, functionality, compatibility, and security, that the consumer can legitimately expect for goods of the same type, in view of the nature of the product and any public statements made by the seller, or any party upstream in the transaction chain, or anyone acting on their behalf, including in advertising or labeling.
II.- However, the seller is not bound by any public statements mentioned in the previous paragraph if they demonstrate: 1° That they did not know about them and were legitimately unable to know them; 2° That, at the time of the conclusion of the contract, the public statements were rectified in conditions comparable to those of the initial statements; or 3° That the public statements could not have influenced the purchase decision. III.- The consumer cannot contest the conformity by invoking a defect regarding one or more specific characteristics of the product, of which they were specifically informed that they deviated from the conformity criteria outlined in this article, and to which they expressly and separately consented at the time of concluding the contract.

Article L217-6 of the Consumer Code

Conformity defects that appear within a period of twenty-four months from the delivery of the product, including for products containing digital elements, are presumed to have existed at the time of delivery, unless proven otherwise, unless this presumption is incompatible with the nature of the product or the defect invoked.
For second-hand goods, this period is set at twelve months.
When a sale contract for a product containing digital elements provides for the continuous provision of digital content or a digital service, the conformity defects that appear are presumed to have existed at the time of delivery of the product: 1° During a two-year period from the delivery of the product, when the contract provides for this supply for a period of two years or less, or when the contract does not specify the duration of supply; 2° During the period in which the digital content or digital service is provided under the contract, when the contract provides for this supply for a period exceeding two years.

Article L217-8 of the Consumer Code

In case of a conformity defect, the consumer is entitled to have the product brought into conformity through repair or replacement, or, if not possible, to a price reduction or the cancellation of the contract, as specified in this section.
The consumer also has the right to suspend payment of the full or part of the price or the provision of the benefit specified in the contract until the seller has fulfilled their obligations under this chapter, in accordance with Articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the allocation of damages.

Article L217-9 of the Consumer Code

The consumer is entitled to demand that the product be brought into conformity with the criteria outlined in Section 1 of this section.
The consumer may request the seller to bring the product into conformity by choosing between repair or replacement. To this end, the consumer must make the product available to the seller.

Article L217-10 of the Consumer Code

Bringing the product into conformity must occur within a reasonable period that cannot exceed thirty days following the consumer's request, and without major inconvenience to the consumer, given the nature of the product and the intended use.
Repair or replacement of the non-conforming product includes, if necessary, removal and return of the product and the installation of the repaired or replacement product by the seller.
A decree specifies the terms for bringing the product into conformity.

Article L217-11 of the Consumer Code

Bringing the product into conformity must occur at no cost to the consumer.
The consumer is not required to pay for the normal use they made of the replaced product during the period prior to its replacement.

Article L217-13 of the Consumer Code

Any product repaired under the legal conformity warranty benefits from an extension of this warranty for six months.
If the consumer chooses repair but the seller does not carry out the repair, conformity through replacement of the product starts a new legal warranty period, which applies to the replacement product. This provision applies from the day the replacement product is delivered to the consumer.

Article L217-14 of the Consumer Code

The consumer is entitled to a price reduction or the cancellation of the contract in the following cases: 1° When the professional refuses to bring the product into conformity; 2° When the conformity takes place after more than thirty days from the consumer's request or if it causes significant inconvenience; 3° If the consumer bears the cost of returning or removing the non-conforming product, or the installation costs of the repaired or replacement product, or related expenses; 4° When the non-conformity persists despite the seller’s attempt to bring the product into conformity. The consumer is also entitled to a price reduction or cancellation when the defect of conformity is so severe that it justifies an immediate price reduction or cancellation. In such cases, the consumer is not required to request repair or replacement of the product beforehand.
The consumer is not entitled to cancel the sale if the defect is minor, which the seller must demonstrate. This paragraph does not apply to contracts where the consumer has not paid a price.

Article L217-21 of the Consumer Code

A commercial guarantee refers to any contractual commitment by a professional, whether the seller or the producer, including through anyone acting on their behalf, to the consumer. This commitment aims to refund the purchase price, replace, repair the product, or provide any other service related to the product, or any other requirement not related to conformity as specified in the commercial guarantee, in addition to the seller's legal obligations to ensure the product's conformity.
Any commercial guarantee binds the guarantor in accordance with the terms provided in the guarantee or those indicated in any advertisement made before the conclusion of the contract, if the terms of the advertisement are more favorable, unless the guarantor demonstrates that the advertisement was rectified before the conclusion of the contract in conditions identical or comparable to the initial advertisement.

Article L217-22 of the Consumer Code

The commercial guarantee must be provided to the consumer in a clear and understandable manner on a durable medium, no later than the delivery of the product. It must specify the content of the commercial guarantee, the terms of its implementation, its price, its duration, its territorial scope, and the name and contact details of the guarantor.
In case of non-compliance with these provisions, the commercial guarantee remains binding on the guarantor.
Additionally, the commercial guarantee must clearly state that it applies without prejudice to the consumer's right to benefit from the legal conformity guarantee under this chapter and the guarantee against hidden defects, as provided in Articles 1641 to 1649 of the Civil Code. A decree specifies the terms of this information.

Article L221-23 of the Consumer Code

The consumer must return or hand over the goods to the professional or to a person designated by the professional without excessive delay and, at the latest, within fourteen days following the communication of their decision to withdraw, in accordance with Article L. 221-21, unless the professional offers to collect the goods themselves.
The consumer bears only the direct costs of returning the goods, unless the professional agrees to cover these costs or has failed to inform the consumer that these costs are their responsibility. However, for contracts concluded outside the establishment, when the goods are delivered to the consumer's home at the time of contract conclusion, the professional must collect the goods at their own expense if they cannot be returned by post due to their nature.
The consumer’s liability can only be invoked in case of depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods, provided that the professional has informed the consumer of their right of withdrawal in accordance with item 7 of Article L. 221-5.

Article L221-24 of the Consumer Code

When the right of withdrawal is exercised, the professional must refund the consumer the full amount paid, including delivery fees, without undue delay and no later than fourteen days from the date they are informed of the consumer's decision to withdraw.
For contracts for the sale of goods, unless the professional offers to collect the goods themselves, the professional may delay the refund until the goods are received or until the consumer provides proof of shipment of the goods, with the date being the earlier of these two events.
The professional must make the refund using the same payment method that the consumer used for the initial transaction, unless the consumer expressly agrees to another payment method and provided the refund does not incur any costs for the consumer.
The professional is not obliged to reimburse additional costs if the consumer has expressly chosen a delivery method more expensive than the standard delivery method offered by the professional.

Article 1641 of the Civil Code

The seller is liable under the warranty for hidden defects in the item sold that make it unsuitable for the intended use, or that so significantly reduce its use, that the buyer would not have purchased it, or would have paid a lower price if they had known of the defects.

Article 1644 of the Civil Code

In cases referred to in Articles 1641 and 1643, the buyer has the choice to return the item and receive a full refund, or to keep the item and receive a partial refund.

Article 1648, first paragraph, of the Civil Code

The action resulting from hidden defects must be initiated by the buyer within two years from the discovery of the defect.

 

 

 

 

ANNEX 2

Withdrawal Form

To the attention of HARK Group - 74 rue Léon Frot, 75011 Paris

I hereby notify you of my withdrawal from the contract concerning the sale of the product(s) listed below:

Ordered on _______________ / Received on ______________________ (*)

Order number:

Name(s) of the Customer(s):

Address of the Customer(s):

Signature of the Customer(s) (only if this form is submitted on paper):

Date:

(*) Cross out as appropriate