GENERAL TERMS OF USE, SALE AND DELIVERY

In order to benefit from the services offered on the website www.hagerty.world, please read these General Terms of Use, Sale and Delivery. Anyone may consult the General Terms on the website. Hagerty SA may amend them at any time. The General Terms applicable to an order are those in force and available on the website on the date on which that order is confirmed.

1. Our offers

The seller’s identity is as follows:

HAGERTY SA
Promenade-Noire 1
2000 Neuchâtel
Switzerland
Email: hagerty@hagerty.world
Website: www.hagerty.world

Our offers cover all products marketed on the website, hereinafter the “Products”. They are limited to the countries included in the list of delivery destinations offered when the order is placed. Hagerty SA undertakes to exercise the degree of care normally required in the profession when providing the services offered to the customer.

The main characteristics of the Products are presented on the corresponding product pages. The customer is invited to read them before placing any order and to check that the chosen Product is suitable for the intended use and for the materials or surfaces concerned.

2. Your order and its confirmation

You declare that you are at least 18 years old and have the legal capacity required to enter into a contract or, where permitted by applicable law, that you have the authorisation of your legal representative. Any order placed on the website must correspond to the normal needs of a household and must not be intended for unauthorised resale.

You place your order on the website www.hagerty.world. In order to be processed, the order must include all necessary, accurate and complete information.

Hagerty SA reserves the right not to proceed with or to cancel any order from a customer with whom difficulties have previously been identified, including the abusive exercise of the right of withdrawal, a payment incident, suspected fraud or any other legitimate reason. Hagerty SA may also request any additional document or information needed to verify the details provided by the customer, including their billing address, delivery address or tax status, where this is necessary to process the order or comply with its legal obligations.

Before confirming the order, the customer may check its contents and total price and correct any errors. The customer declares that they have read and accepted these General Terms by activating the mechanism provided for this purpose before placing the order. Confirmation of the order entails acceptance of these General Terms and an obligation to pay.

The data recorded by Hagerty SA may be used to establish proof of the nature, contents and date of the order, subject to any evidence to the contrary admissible by law. The data recorded by the payment service provider constitute proof of the corresponding financial transactions.

After placing the order, the customer receives an email confirming receipt. The contract of sale is concluded when Hagerty SA confirms acceptance of the order.

Hagerty SA reserves the right to limit the quantities ordered where they appear manifestly incompatible with the normal consumption of an individual, where they are liable to disrupt the availability of the Products or where they are intended for unauthorised resale.

3. Prices and dispatch

The Products are invoiced at the prices displayed on the website when the order is confirmed. The total price, applicable VAT and delivery charges are indicated before the order is finally confirmed.

Depending on the selected store or country of delivery, prices are displayed in the following currencies:

Payment is made in the currency displayed when the order is placed. Any conversion charges, bank commissions or fees applied by the customer’s payment institution remain payable by the customer.

The Products remain the property of Hagerty SA until the price has been paid in full, to the extent permitted by applicable law.

In the event of an obvious pricing error resulting from a clerical, computer or technical error, Hagerty SA reserves the right not to accept or to cancel the order concerned, within the limits permitted by applicable law. Any sums paid will then be refunded in full.

The Products are dispatched from France. For certain destinations, particularly outside the European Union, customs duties, import taxes, customs clearance charges or other charges required by the local authorities may apply. Where applicable, these charges are payable by the customer.

The customer is invited to contact the competent authorities in their country before placing an order to find out about any duties, taxes and charges applicable to imports.

4. Product availability

Our offers are subject to stock availability. If a Product becomes unavailable after the order has been placed, the customer will be informed as soon as possible.

If the Product remains unavailable, the customer may request cancellation of the relevant part of the order and obtain a refund of the corresponding sums. The remainder of the order remains valid where it can be fulfilled separately.

5. Your payment

Purchases are paid for when the order is placed using the payment solutions offered on the website, including Stripe or PayPal. The available payment methods may vary depending on the country or currency of the order.

The customer warrants that they are authorised to use the chosen payment method. Hagerty SA may suspend or cancel the order in the event of an authorisation being refused, suspected fraud, non-payment or an abusive dispute, subject to the applicable statutory provisions.

5.1 Refunds

Subject to the applicable mandatory statutory provisions, any refund made by Hagerty SA is paid into the account/payment method used for the order.

If it is technically impossible to make the refund to the original payment method, another refund method may be agreed after the necessary information has been verified.

Hagerty SA reserves the right to request the documents or information reasonably necessary to verify the merits of the request and ensure that the refund is made to the person who placed the order, in compliance with applicable data protection regulations.

6. Payment security and bank information

The website uses technical and organisational measures intended to secure exchanges, including SSL/TLS encryption. Payment information is processed by secure payment service providers, including Stripe and PayPal, in accordance with their own terms and privacy policies.

Hagerty SA does not have access to the customer’s complete bank card details. As no transmission or storage system can be guaranteed to be absolutely secure, Hagerty SA nevertheless implements the security measures reasonably required by applicable regulations.

7. Personal data and cookies

The personal data provided by the customer are processed in accordance with applicable data protection regulations. They may be used in particular to manage the customer account, process orders, arrange deliveries, provide after-sales service and fulfil Hagerty SA’s legal obligations.

The use of cookies is governed by the Privacy Policy and the Cookie Policy published on the website. Where required by applicable law, cookies that are not strictly necessary are placed only after the user’s consent has been obtained; the user may change their preferences using the cookie management tool available on the website.

8. Delivery

The Products are dispatched by post from France - or from the UK on the English Store only (hagerty.world/en) - to the delivery address provided by the customer when placing the order.

The customer is responsible for checking the accuracy and completeness of the information provided. Hagerty SA may not be held liable for the consequences of an incomplete or incorrect delivery address, or one that does not allow delivery, where the error is attributable to the customer. The reasonable costs associated with reshipping may then be charged to the customer.

The available delivery areas, methods, costs and times are indicated on the website when the order is placed. The stated times include preparation and transport to the destination. They are provided as estimates.

Where Products in the same order are available on different dates, the stated delivery time may correspond to the longest delivery time.

Any free delivery terms, including an order threshold, are those displayed on the website and summarised before the order is confirmed. For orders below the applicable threshold, the delivery charges corresponding to the destination are added before confirmation.

Where tracking is available, Hagerty SA provides the customer with a link or information enabling them to track the parcel’s progress.

Delivery charges include packaging, handling and transport costs. Two separate orders cannot necessarily be combined and may incur separate delivery charges.

Parcels are prepared with care and appropriately protected, particularly when they contain fragile Products.

Transport operations and times depend on the carrier responsible for delivery. In the event of delay, loss, damage, a delivery error or a parcel shown as delivered but not received, any claim will be subject to prior verification with the carrier before a solution can be offered, in accordance with the applicable statutory provisions.

The customer is invited to check the condition of the parcel and the Products upon receipt and to report any visible anomaly without delay to the carrier and Hagerty Customer Service, retaining relevant evidence, including photographs of the packaging and the Products.

9. Right of withdrawal and returns

9.1 Exercising the right of withdrawal

Where the customer acts as a consumer and applicable law grants them a right of withdrawal, the customer has fourteen (14) days from receipt of the order to notify Hagerty SA of their decision to withdraw.

From the date on which that decision is notified, the customer has a further fourteen days to return the Products concerned to the following address:

Hagerty c/o MAPROCHIM
Z.A. du Port Angot
Rue Irène et Frédéric Joliot Curie
F-76410 Saint-Aubin-lès-Elbeuf
France

Return costs are payable by the customer, unless otherwise provided by law or expressly agreed to be borne by Hagerty SA.

The customer must return the Products in sufficiently protective packaging and, where possible, with their accessories and identification items. The customer may be held liable for any reduction in the value of the Product resulting from handling other than that necessary to establish its nature, characteristics and proper functioning.

9.2 Refund following withdrawal

Hagerty SA makes the refund within the applicable statutory period from notification of the withdrawal. It may defer this refund until the Products have been recovered or until the customer provides proof that they have been dispatched, whichever occurs first, where permitted by applicable law.

9.3 Defective or non-conforming Products

Products that are defective or do not conform to the order are covered by the applicable mandatory statutory guarantees. Their handling is not limited to the period applicable to the right of withdrawal. The customer is invited to contact Customer Service, describing the defect or non-conformity identified and providing the evidence reasonably necessary for its assessment.

No cash-on-delivery returns will be accepted without Hagerty SA’s prior written agreement.

10. Liability

The Products offered on the website are intended for countries to which Hagerty SA accepts delivery. The customer remains responsible for checking any specific restrictions on import, possession or use applicable in their country, without prejudice to Hagerty SA’s statutory information and compliance obligations.

The illustrations, photographs, colours and visuals appearing on the website are provided for guidance only. Slight differences may exist depending on manufacturing, production batches or screen display settings. This provision does not limit the customer’s right to receive a Product that conforms to its description and the agreed essential characteristics.

Hyperlinks may lead to websites operated by third parties. Hagerty SA has no control over their content and may not be held liable for it, unless otherwise provided by mandatory law.

Hagerty SA may not be held liable for the total or partial non-performance of its obligations where this results from an event of force majeure or an event beyond its control that it could not reasonably have foreseen, avoided or overcome.

Such events may include, where they have these characteristics, a strike, major transport disruption, border closure, failure of computer or telecommunications networks, cyberattack, supply disruption, shortage of raw materials, pandemic, administrative decision, flood, fire or natural disaster.

The Products must be used and stored in accordance with the instructions on their packaging, leaflet or instructions for use. Within the limits permitted by applicable law, Hagerty SA may not be held liable for damage resulting from improper use, improper storage, normal wear and tear, failure to comply with recommendations for use or the professional use of a Product intended for domestic use.

Before any use, the customer must check the compatibility of the Product with the item, material or surface concerned and comply with the precautions for use. Where recommended by the instructions, a preliminary test must be carried out on an inconspicuous area.

Within the limits permitted by applicable law and without prejudice to mandatory consumer rights, Hagerty SA is not liable for indirect or non-material damage that is not the direct and foreseeable consequence of a breach attributable to it.

11. Intellectual property

All elements of the website, including texts, trade marks, logos, images, photographs, videos, sound recordings, graphics, databases, software, structure and architecture, are protected by intellectual property rights and belong to Hagerty SA or to third parties that have authorised their use.

Any reproduction, representation, adaptation, extraction or exploitation, in whole or in part, of these elements without the prior authorisation of the rights holder is prohibited, except in cases expressly permitted by law.

Product instructions and descriptions may be provided by manufacturers, suppliers or partners. They remain protected in accordance with the applicable rules. Any request for authorisation may be sent to Customer Service.

12. Applicable law and dispute resolution

These General Terms and the contracts entered into on their basis are governed by Swiss law.

However, this choice does not deprive the consumer of the mandatory protective provisions from which they benefit under the law that would apply in the absence of this choice, including in their country of habitual residence where the corresponding legal conditions are met.

In the event of any difficulty, the customer is invited to contact Customer Service beforehand in order to seek an amicable solution.

Subject to mandatory rules on jurisdiction and consumer protection, any dispute will be brought before the competent courts of Neuchâtel, Switzerland.

13. Customer Service

For any information, question, complaint, return request or exercise of a right, Customer Service can be contacted at the following address: hagerty@hagerty.world.

To facilitate the processing of the request, the customer is invited to provide their order number and attach any relevant information, without sending complete bank details by email.

14. Miscellaneous provisions

If any provision of these General Terms is declared void, illegal or unenforceable by a court or competent authority, the remaining provisions will remain fully applicable, to the extent permitted by applicable law.

Hagerty SA’s failure at any time to rely on a provision of these General Terms may not be interpreted as a waiver of its right to rely on that provision subsequently.