Hidaya Moda General Terms and Conditions of Sale

Site usage

By using the Hidaya Moda website (hidayamoda.com) and placing an order, you agree to abide by these General Terms and Conditions of Sale (GTC). If you do not agree with any of these conditions, please do not use our website. We reserve the right to update or modify the GTC at any time by publishing a new version on the website. It is the user's responsibility to regularly check for any changes. Continued use of the website after modification constitutes acceptance of the new terms.

User Access and Responsibility: You declare that you are of legal age according to the laws of your country of residence, or that you are using the site with the consent of a parent or legal guardian if you are a minor. Access to the site is authorized for personal and non-commercial use. You agree to use the site fairly and not for any illegal or unauthorized purpose. It is prohibited to attempt to damage the site or disrupt its operation, including by introducing viruses, malicious code, or any other harmful action. Any breach of these rules may result in the suspension or termination of your access to the site's services, without prejudice to any legal recourse.

Hosting and Third-Party Tools: Our online store is hosted by Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products. Therefore, your order data may pass through Shopify's secure servers. In addition, we may occasionally use third-party tools or services (e.g., online payment modules, analytics, or marketing applications). We have no control over these third-party tools, and they are provided "as is" without warranty. Your use of these third-party services is at your own risk, and we will not be liable for any damages or losses related to their use. Similarly, the site may contain links to third-party websites not operated by Hidaya Moda. We disclaim all responsibility for the content of these external sites or their practices and encourage you to read their own terms of use and privacy policies.

Ordering conditions

Ordering Process: Placing an order on our website is simple. Just select the desired products, add them to your cart, and then follow the online checkout process. Before finalizing your order, you will have the opportunity to review your cart details and correct any errors. During checkout, you must provide accurate billing and shipping information, choose your shipping and payment methods, and then confirm your order by clicking the confirmation button (e.g., "Buy Now" or "Confirm Order"). By confirming your order, you acknowledge that it creates an obligation to pay .

Confirmation and Acceptance: Once your order is placed, an automatic order confirmation will be sent to the email address you provided. This order confirmation email means that we have received your order, but it does not yet constitute a binding acceptance. The sales contract is concluded only when your order is shipped or when we send you a shipping confirmation email (or an explicit order acceptance email). We reserve the right to refuse or cancel any order for various legitimate reasons, such as product unavailability, obvious pricing errors, or suspected fraud. If we refuse or cancel an order, you will be notified, and any payments already received will be fully refunded as soon as possible.

Customer Account: Placing an order may require you to create a customer account on our website. It is your responsibility to keep your login credentials confidential and to restrict access to your account. If you notice any suspicious activity or unauthorized use of your account, please notify us immediately. Hidaya Moda cannot be held liable for any damages resulting from your failure to protect your password or user account.

Payment

Prices: All prices displayed on our website are in Euros (€), inclusive of all French taxes (VAT included), excluding delivery charges. If you are ordering from another European Union country, the prices inclusive of VAT include the VAT applicable in France (or the VAT of the destination country, depending on regulations). For orders shipped to countries outside the EU, customs duties or local taxes may apply (see the Delivery section below). Hidaya Moda reserves the right to change its prices at any time, but products will be billed based on the rates in effect at the time your order is validated (except in the case of a clear pricing error, in which case we will inform you before shipment).

Accepted payment methods: To pay for your order, several secure and easy solutions are available:

·         Credit cards : Visa, MasterCard, and American Express are accepted. The card is usually debited upon order confirmation.

·         PayPal : If you have a PayPal account, you can use it to pay for your purchases securely, without having to provide your bank details on the site.

·         Klarna : We offer installment payment options through our partner Klarna Bank AB. Subject to eligibility, you can choose to pay in installments (for example, in 3 interest-free payments) or buy now and pay later. By selecting Klarna at checkout, you will be redirected to complete the transaction according to Klarna's terms and conditions. Your personal data will be processed by Klarna in accordance with applicable regulations and their privacy policy.

All online payments are secure. Our site uses a security protocol (SSL encryption) to protect your payment information. Credit card data is transmitted in encrypted form to the payment platforms and is not stored on our servers. You confirm that the payment method used belongs to you (card in your name or personal PayPal account) and that you have the necessary authorization to use it. In the event of a payment refusal by the financial institution, the order will be automatically canceled.

Delivery (France and international)

Delivery areas: Hidaya Moda ships its products to mainland France, Europe, and other selected international destinations. During checkout, you can select your delivery country from the list provided. If your country is not listed, it means we do not yet ship to that destination.

Processing times: We are committed to preparing and shipping your orders as quickly as possible. Orders are generally processed within 1 to 2 business days (Monday to Friday, excluding public holidays) from payment confirmation. During peak periods (private sales, collection launches, promotions), processing may take an additional 1 to 2 days. You will be notified by email as soon as your order is shipped.

Delivery times and methods: Shipping times vary depending on the destination and the shipping method chosen when placing the order. For information purposes only:

·         Standard delivery within mainland France: generally 2 to 5 business days once the parcel has been dispatched. Shipments within France are usually made via Colissimo (La Poste) or an equivalent carrier, with tracking.

·         Express delivery in France: if offered, it allows for delivery within 24-48 business hours after dispatch. Express orders placed before a certain time (for example, 12 pm) are dispatched the same day.

·         Delivery within Europe: Please allow approximately 3 to 8 business days after dispatch for most EU countries. Parcels are shipped via postal services or international carriers (La Poste, DHL, UPS, etc., depending on the country) and a tracking number will be provided.

·         International delivery outside Europe: approximately 5 to 15 business days after dispatch, depending on the destination. Please note that for shipments outside the EU, delivery times may vary due to customs formalities.

These delivery times are estimates only. Hidaya Moda cannot be held responsible for delivery delays caused by the carrier, exceptional circumstances (strikes, inclement weather, customs delays, etc.), or an incomplete or incorrect address provided by the customer. In case of an unusual delay, please contact our customer service department so we can investigate with the carrier.

Shipping Costs: Shipping costs are calculated based on the destination, the chosen delivery method, and the weight/volume of the order. The exact amount will be displayed before final confirmation of your order. For example, standard delivery within France is free for all orders over €100 (this amount may vary during special promotions); below this threshold, a flat rate of €7.90 applies. For deliveries to other European Union countries, delivery may be free for orders over €150 (otherwise, variable costs will be displayed at checkout). For destinations outside the EU, shipping costs depend on the carrier and are also displayed at the time of ordering, with no free shipping offer applicable unless otherwise stated during promotional offers.

Package tracking: As soon as your order is shipped, you will receive an email with a tracking number allowing you to track your package online. Please ensure you provide a valid email address and also check your spam/junk mail folder. If you notice any issues with the tracking (package marked as delivered but not received, etc.), please notify us immediately so we can contact the carrier.

Customs duties and import taxes: For deliveries outside the European Union, customs duties or import taxes may be levied by the authorities of the destination country. These additional charges are the responsibility of the recipient and must be paid upon receipt of the package, in addition to the shipping costs already paid. We have no control over these charges, which vary from country to country. It is your responsibility to check with the relevant local authorities regarding any import restrictions on our products and the applicable tax amounts. If the package is refused upon delivery abroad (for example, due to unpaid customs fees), the return shipping or abandonment costs may be deducted from your refund.

Delivery Address: Please ensure that the delivery address you provide is correct. Hidaya Moda cannot be held responsible for a failed delivery or the loss of a package due to an incorrect or incomplete address provided by the customer. If a package is returned to the sender due to an incorrect address or unknown recipient, we will contact you to arrange for possible reshipment (return shipping costs may apply) or a refund of the order, excluding the initial shipping costs.

Returns and refunds

At Hidaya Moda, we want you to be completely satisfied with your purchases. However, if a product is not suitable, you have clear return and refund conditions, including exercising your right of withdrawal for distance sales.

Right of withdrawal (14-day return policy): If you are a consumer residing in the European Union , you have a legal right of withdrawal, in accordance with Articles L.221-18 et seq. of the French Consumer Code. This right allows you to cancel your purchase without giving any reason within fourteen (14) calendar days from the date of receipt of your order (or the last item, if the order was delivered in multiple packages). To exercise this right, you must notify us of your decision to withdraw before the expiry of the 14-day period, preferably in writing (by email to our customer service department: hidayamoda@hotmail.com ). You can indicate the relevant order number and your wish to return the product. You may, if you wish, use a model withdrawal form (as provided by law), but this is not mandatory.

Once you have sent your cancellation request, you must return the product(s) in question within 14 days of your notification . Items must be returned in new condition, unworn, unwashed, with their original tags and any accessories, and in packaging that adequately protects the product. Return shipping costs for cancellations are your responsibility, except in cases of fault or error on our part. We advise you to use a trackable shipping service for all returns to prevent any loss during transit. Upon receipt of the returned package and provided the products are in satisfactory condition, we will refund the amount of the returned products (including the initial standard delivery charges, if it is a full order return) to the same payment method used for the original order, within a maximum of 14 days from the date we receive the goods or provide proof of shipment (whichever comes first).

Exceptions to the right of withdrawal: In accordance with regulations, certain products cannot be returned or exchanged for hygiene or personalization reasons, including: - Lingerie, hijabs, scarves, or intimate accessories that have been unsealed after delivery (opened packaging or tried-on product), for obvious hygiene reasons. - Products made to measure or clearly personalized to your specifications (for example, a garment made to your specific measurements, a requested embroidery personalization, etc.). - Promotional or discounted items marked as final sale (where applicable, this will be specified on the product page or during the promotion). Whenever possible, we try to offer the same return conditions for discounted items, but we reserve the right to refuse a return on a reduced-price item if this is clearly indicated at the time of purchase.

Apart from the statutory right of withdrawal, Hidaya Moda may, at its sole discretion, accept returns beyond the statutory period or for excluded products, but this is a gesture of goodwill and not a right. For any questions regarding returns or cancellations, please do not hesitate to contact our customer service department, which will be happy to assist you.

Return Procedure: For all returns (cancellations, exchanges, or defective products), please first contact our customer service department at hidayamoda@hotmail.com , mentioning your order number, the product(s) concerned, and the reason for the return (optional in the case of a cancellation). We will then provide you with the return address and instructions. Unless otherwise specified by us, the return address is as follows:

Hidaya Moda – Returns Service
20 Avenue de la Libération
Lormont, 33310,
France

You are responsible for the return shipping costs unless the return is due to an error on our part (incorrect product shipped or defective upon receipt). In the latter case, please contact us promptly so we can provide you with a prepaid return label or arrange for the package to be collected at our expense.

Refunds: Once we receive and inspect your return package, we will send you a confirmation email. If the return is approved (product in new, complete, and unused condition, in accordance with our terms and conditions), we will refund the price of the returned item(s) and, if you are returning the entire order, the initial standard delivery charges. The refund will be issued via the same payment method used for the purchase (credit card refund, PayPal refund, etc.) within 5 to 14 business days of the return being validated. You will receive a refund notification email. Please note that depending on your bank, there may be an additional delay before the credit appears in your account.

Exchanges: Currently, we do not offer standard exchanges (e.g., size or color changes) through our automated return process. If you would like a different item or size, we encourage you to return the original item for a refund and then place a new order for the desired item. This ensures the availability of the new product and faster processing. For any exceptions or special circumstances, please contact our customer service team, and we will do our best to assist you.

Defective Product or Delivery Error: If you receive a damaged, defective, or incorrect item, please accept our apologies. Contact us within 7 days of receipt, providing details of the problem (description and photos if possible). After verification, we will offer either a replacement item at our expense or a full refund for the item in question (including shipping costs). In this case, the return shipping costs for the defective/incorrect item will, of course, be covered by Hidaya Moda, usually via a prepaid label or return voucher.

Intellectual property

All elements of the Hidaya Moda website (including but not limited to text, descriptions, photographs, images, logos, graphics, branding, videos, domain name, and website design) are the exclusive property of Hidaya Moda or its duly authorized partners/suppliers and are protected by applicable intellectual property laws. Hidaya Moda is a registered trademark and may not be used, reproduced, or imitated without our prior written consent.

Use of this website does not grant you any intellectual property rights to any of its elements. It is strictly forbidden to copy, reproduce, distribute, disseminate, modify, or exploit the website's content in any way without the express permission of Hidaya Moda. Any unauthorized use of this content may be subject to civil and criminal legal action.

You are, however, permitted to download or print a copy of the website pages for your strictly personal and non-commercial use (for example, to keep your invoices or order details). If you share content from Hidaya Moda on social media (for example, sharing a photo of our products), please mention the source or tag our official account when possible, out of respect for our creative work.

If you believe that one of your intellectual property rights (for example, an image belonging to you) has been used on our site without authorization, please contact us immediately so that we can remedy the situation as soon as possible.

Limitation of liability

Information and Product Quality: Hidaya Moda makes every effort to ensure the accuracy of the information presented on the website (descriptions, photographs, prices, product availability, etc.). However, unintentional errors or omissions may occur. Except in cases of gross negligence or willful misconduct on our part, we cannot be held responsible for errors in displaying or updating information, particularly regarding stock or price. In the event of an error in a price or product description, we will inform you, and you will have the option to confirm the corrected order or cancel it free of charge. The product photographs on the website are as accurate as possible but are not contractually binding (for example, slight color variations may occur depending on the screen).

Use of the site: Hidaya Moda does not guarantee that the site will be accessible uninterrupted or error-free. We cannot be held liable for technical problems beyond our control, such as network disruptions, external intrusions, or the presence of computer viruses, which may occur during your use of the site. You are responsible for the computer equipment and telecommunications equipment you use to access the site, as well as for their protection (e.g., using antivirus software, a secure internet connection, etc.).

Direct and Indirect Damages: Unless otherwise required by law, Hidaya Moda's liability under these Terms and Conditions shall be limited to direct and foreseeable damages caused by proven fault on the part of Hidaya Moda. Under no circumstances shall Hidaya Moda be liable for indirect or intangible damages you may suffer as a result of using, or being unable to use, our products or the website, such as loss of opportunity, loss of income, loss of data, damage to reputation, or any other consequential damages. In any event, our maximum financial liability to a customer, for any reason whatsoever, shall not exceed the total amount of the order in question (the amount actually paid by the customer).

Products – Use and Safety: Our products (clothing, accessories, etc.) are intended for the use described on the website. Hidaya Moda cannot be held responsible for damages or accidents resulting from improper use of purchased products (for example, unsuitable alterations to the garment, care not following the instructions on the label, etc.). In the event of a proven product defect that poses a danger to consumer safety, please notify us immediately so that we can take appropriate measures (product withdrawal, recall, notification of the relevant authorities if necessary).

Force Majeure: Hidaya Moda shall not be held liable for any failure to perform its contractual obligations resulting from a force majeure event or circumstances beyond its reasonable control. Force majeure events include, but are not limited to: natural disasters, fires, floods, exceptional weather conditions, epidemics, pandemics, disruptions to transportation or supplies, total or partial strikes (including postal services and means of transport), lockouts, acts of war, terrorism, armed conflicts, governmental or legal decisions preventing the performance of the contract, power outages, or interruptions to telecommunications networks. In the event of such an occurrence, we will inform you as soon as possible, and our obligations under the contract will be suspended for the duration of the force majeure event. If the resulting delay is excessive, either party may cancel the current order without compensation by notifying the other party by any appropriate means (email, mail). The customer will then be reimbursed for any payments made for orders not fulfilled due to force majeure.

Personal data and cookies

Personal data protection: Hidaya Moda places great importance on the protection of your privacy and personal data. The personal information you provide to us during your visits to the site or when placing orders (such as your name, surname, addresses, email, telephone number, payment information, etc.) is processed confidentially and in accordance with applicable regulations, in particular the General Data Protection Regulation (EU GDPR 2016/679) and the French Data Protection Act.

We collect and use your data primarily for processing and tracking your orders (fulfilling the sales contract), managing customer relations (tracking requests, sending information about your order), improving our services, and, if you have consented, sending you our marketing communications (newsletter, promotional offers). Your data may be shared with trusted third-party providers involved in the order process, such as payment services (banks, PayPal, Klarna) for transaction security, carriers for delivering your packages, or the Shopify platform that hosts our online store. These third parties will only have access to the information necessary to perform their services and are required to process your data in accordance with the law and our instructions (data processing agreement or equivalent).

To learn more about how we collect, use, and protect your data, or to exercise your legal rights (right of access, rectification, objection, erasure, restriction of processing, data portability, etc.), please consult our detailed Privacy Policy available on the website. You can also contact us at any time at hidayamoda@hotmail.com with any questions regarding your personal data.

Cookies: When you browse our website, information about your browsing activity may be stored in files called "cookies" placed on your device (computer, tablet, smartphone, etc.). Cookies help us improve your experience by remembering some of your preferences (for example, the contents of your shopping cart, the website language) and by providing us with anonymous data on page traffic (via analytics tools). We use different types of cookies:

·         Cookies necessary for the operation of the site and the online store (for example to keep your session open, or the shopping cart in memory) which cannot be disabled because without them the site could not function properly.

·         Performance and statistical cookies (such as Google Analytics, etc.) allow us to understand how the site is used and to improve our services. These cookies do not collect direct personal information, and the data remains anonymized.

·         Personalization and advertising cookies (possibly) may be used to offer you personalized content or targeted ads based on your interests. We only use these cookies if you consented to them when the cookie banner was displayed on your first visit.

On your first visit to hidayamoda.com, an information banner will inform you about the use of cookies and invite you to accept or configure them. You can change your cookie preferences at any time using the cookie management tool (link at the bottom of the page) or your internet browser settings (most browsers allow you to block or delete cookies). Please note that refusing optional cookies will not prevent you from browsing the site, but some enhanced features (such as product recommendations, saving your shopping cart between sessions, etc.) may be limited.

Hidaya Moda is committed to never sharing your personal data with third parties for commercial purposes without your explicit consent. For more information, please see our Privacy Policy.

Applicable law and disputes

Applicable Law: These General Terms and Conditions of Sale are governed by French law. Therefore, for all matters not covered herein, the applicable French legislation shall apply, in particular the Consumer Code for individual consumer clients and the Commercial Code for provisions that may concern business clients.

Amicable resolution: In the event of a dispute or complaint, we encourage you to contact our customer service department first (by email or mail) to try to find an amicable solution. We place great importance on customer satisfaction and will strive to resolve any disagreements quickly.

Mediation and recourse: If no amicable solution can be found directly with our customer service department, and in accordance with Article L.612-1 of the French Consumer Code, you, as a consumer, have the option of using a consumer mediator free of charge to resolve your dispute with us amicably. The competent consumer mediator for Hidaya Moda is [ Name of Mediator ] (or you can consult the online mediation platform). You can also use the European Online Dispute Resolution (ODR) platform, accessible at https://ec.europa.eu/consumers/odr , which will facilitate the handling of your dispute by a mediation body. Please note that contacting a consumer mediator is only possible after you have first attempted to resolve the dispute directly with our company.

Jurisdiction: In the absence of an amicable settlement or mediation, any dispute relating to the application or interpretation of these Terms and Conditions shall be brought before the competent French courts. If you are a consumer residing in France, you may initiate proceedings either before one of the courts with territorial jurisdiction under the French Code of Civil Procedure, or before the court of the place where you resided at the time the contract was concluded or the harmful event occurred. In the case of a business customer, any dispute shall fall under the exclusive jurisdiction of the Commercial Court of the district where Hidaya Moda's registered office is located.

Severability: If any provision of these Terms and Conditions is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and Conditions without affecting the validity or enforceability of the remaining provisions, which shall remain in full force and effect. Hidaya Moda's failure to enforce any provision of these Terms and Conditions at any time shall not be construed as a waiver of its right to enforce such provision at a later date.

Contact information

This Hidaya Moda website is published by Hidaya Moda , sole proprietorship or company (company name: Hidaya Moda , which may be supplemented later by the legal status and registration number if applicable).

Head office/correspondence address:
Hidaya Moda
20, rue de la Libération
33310 Lormont – FRANCE

Contact email address: hidayamoda@hotmail.com

Website host: Shopify Inc., 151 O'Connor Street, Ground floor, Ottawa, ON K2P 2L8, Canada. Telephone: +1-613-241-2828.

For any questions, complaints, or requests for information regarding our products, your order, or these General Terms and Conditions of Sale, you can contact us using the contact details provided above. Our customer service team will be happy to assist you as soon as possible.

Thank you for your trust and we wish you an excellent shopping experience at Hidaya Moda . Your satisfaction is our priority and we hope to see you again soon in our online store!