OVERVIEW:
This website is operated by Hello Hossy®. On this site, the words "we", "us", and "our" refer to Hello Hossy®. Hello Hossy® publishes this website, including all information, tools, and services made available to you, the user, subject to your acceptance of the terms, conditions, policies, and notices contained herein.
By visiting this website and/or purchasing our products, you agree to use our "Service" and to be subject to the following terms ("General Terms and Conditions of Sale", "Terms and Conditions of Sale and Use", "Conditions"), including the terms, conditions, and additional policies referred to here and/or made accessible by hyperlink. These General Terms and Conditions of Sale and Use apply to all users of this website, including but not limited to, users who browse the website, who are sellers, clients, merchants, and/or who contribute content.
Please read the following General Terms and Conditions of Sale and Use thoroughly before accessing or using our website. By accessing or using any part of this website, you accept these General Terms and Conditions of Sale and Use. If you do not accept all the Terms and Conditions of this agreement, do not access this website or use its services. If these General Terms and Conditions of Sale and Use constitute an offer, its acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
Any new features or tools which are added to this shop at a later date are also subject to these General Terms and Conditions of Sale and Use. You may consult the most recent version of these General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, modify, or replace any part of these General Terms and Conditions of Sale and Use by publishing the updates and/or modifications on our website. It is your responsibility to regularly check this page for any modifications. By continuing to use this website or accessing it after the publication of any modifications, you indicate that you accept these modifications.
Our store is hosted by Shopify Inc. They provide us with the e-commerce platform that allows us to sell you our products and services.
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ARTICLE 1 – TERMS OF USE FOR OUR ONLINE STORE:
By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
Use of our products for any illegal or unauthorized purpose is prohibited, nor shall you, in the course of using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You shall not transmit any worms, viruses or other code of a destructive nature.
Any violation or breach of these Terms and Conditions of Sale and Use will result in immediate termination of your Services.
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ARTICLE 2 – GENERAL TERMS AND CONDITIONS:
We reserve the right to deny access to the Services to any person at any time for any reason.
You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this includes (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our prior express written permission.
The headings used in this Agreement are included for your convenience, and will not limit or affect these Terms.
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ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION :
We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for informational purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date information sources. If you decide to rely on any of the content presented on this site, you do so at your own risk.
This site may contain certain prior information. This past information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
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ARTICLE 4 - CHANGES TO SERVICE AND PRICES :
The prices of our products may be modified without notice. We reserve the right to modify or interrupt the Service (and any part or content of the Service) at any time, without notice. We are not liable to you or to any other third party for any change in price, or suspension, or interruption of the Service.
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ARTICLE 5 - PRODUCTS OR SERVICES (if applicable) :
Some products or services may be available exclusively online through our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have made every effort to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor's display of colors will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, and in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue offering any product at any time. Any offer for a service or product made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
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ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION :
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers, or distributors.
You agree to provide current, complete, and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary. For more details, please see our Return Policy.
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ARTICLE 7 - OPTIONAL TOOLS :
We may provide you with access to third party tools over which we have no control or influence. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability arising from or related to the use of these optional third party tools.
If you use any of the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions on which such tools are offered by the relevant third party provider(s).
We may also, in the future, offer new services and/or features on our Site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Use.
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ARTICLE 8 - THIRD-PARTY LINKS :
Some content, products and services available through our Service may include materials from third parties. Third-party links on this site may direct you to third-party web sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, web sites, products, services or other items accessible on or from such third-party sites.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with such third-party web sites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third party products should be submitted to these third parties.
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ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS :
If, at our request, you submit specific content (for example, to enter contests), or if without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay any compensation to anyone for any Comments provided; or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will your Comments contain any computer virus or other malicious software that could in any way affect the operation of the Service or any associated web site. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
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ARTICLE 10 - PERSONAL INFORMATION :
The submission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
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ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS :
There may be times when information on our site or the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).
We are under no obligation to update, modify or clarify information on the Service or any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the Service or any associated website should be taken as a basis for concluding that the information in the Service or any associated website has been changed or updated.
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ARTICLE 12 - PROHIBITED USES :
In addition to the prohibitions set forth in the Terms and Conditions of Use, you are prohibited from using the Site or its contents: (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, unrelated website or the Internet; (h) to collect or track the personal information of others (i) to spam, phish, hijack, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
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ARTICLE 13 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY :
We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable. You agree that from time to time we may discontinue the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an "as is" and "as available" basis for your use without representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Hello Hossy®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or similar damages, whether in contract, tort (including negligence) in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
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ARTICLE 14 - COMPENSATION :
You agree to indemnify, defend and hold harmless Hello Hossy®, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents referenced herein, or your violation of any law or the rights of a third party.
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ARTICLE 15 - SEVERABILITY :
Should any of the provisions of the present General Terms and Conditions of Sale and Use be deemed illegal, void, or inapplicable, this provision may still be applied to the full extent permitted by law, and the non-applicable part will be considered severed from these General Terms and Conditions of Sale and Use, without affecting the validity and applicability of any of the remaining provisions.
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ARTICLE 16 - TERMINATION :
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes. These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine, in our sole discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms of Sale and Use, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owing up to (and including) the date of termination, and/or we may deny you access to our Services (or any portion thereof).
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ARTICLE 17 - ENTIRE AGREEMENT :
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms of Service or any other operating policies or rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service). Any ambiguity as to the interpretation of these Terms of Sale and Use shall not be construed to the detriment of the drafting party.
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ARTICLE 18 - APPLICABLE LAW :
These Terms and Conditions of Sale and Use, as well as any separate agreement through which we provide you Services, shall be governed by and construed in accordance with the laws of Soorts-Hossegor, 40150, France.
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ARTICLE 19 - MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE :
You may review the most current version of the Terms of Sale and Use at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
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ARTICLE 20 - CONTACT DETAILS :
Please address any questions concerning the General Terms and Conditions of Sale to hello@hello-hossy.com.