General Terms and Conditions of Sale.

Date of last update: November 2024

ARTICLE 1 - PREAMBLE:

The website https://hello-hossy.com/ (hereinafter the « Website ») is open to all users of the Internet network.

The Website is hosted by SHOPIFY COMMERCE FRANCE, a simplified joint-stock company registered with the Paris Trade and Companies Register under number 902 633 577, whose registered office is located at 75, Rue de Rome, Paris (75008).

These General Terms and Conditions of Sale are entered into between HELLO HOSSY® (hereinafter referred to as “we”, “our”, “us”) and any Consumer (hereinafter referred to as “you”, “your”), wishing to place an Order for Products on the Website (hereinafter referred to as the “Present”, “General Terms and Conditions of Sale” or “GTC”).

Online sales on the Website are not available to Professionals. These General Terms and Conditions of Sale therefore do not apply to them.

Any professional may contact us by logging into the B2B area available at the following address: https://pro.hello-hossy.com/account/login or by email at: team@hello-hossy.com.

ARTICLE 2 - DEFINITIONS:

“General Terms and Conditions of Sale” or “GTC” means the General Terms and Conditions of Sale, which define the rights and obligations of the Parties in connection with sales made and Services offered on the Website https://hello-hossy.com/;

“Consumer” means any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, professional or agricultural activity;

« Professional » means any natural or legal person, public or private, acting for purposes relating to their commercial, industrial, craft, professional or agricultural activity, including when acting in the name of or on behalf of another professional;

 « Product » means all items offered for sale by HELLO HOSSY® in the Seller's catalogue available on the following Website https://hello-hossy.com/ ;

« Order » means the purchase of a Product on the Website https://hello-hossy.com/ ;

« Delivery Period » means the period between the date the Order is confirmed and the date the Order is delivered to the Customer. Delivery times shown on the Website are indicative only;

 « Product Price »: the unit value of an item listed in the Seller's catalogue. This value includes all taxes (except in the case of shipping outside the EU or to the DROM-COM) and excludes Delivery Charges;

 « Delivery »: dispatch of the Order to the Buyer;

« Delivery Charges » means the costs related to transporting and delivering the Order to the delivery address provided by the Customer or to the selected collection point;

“Website” or “Site” means the online sales website accessible at the following URL: “https://hello-hossy.com/”.

ARTICLE 3 - GENERAL PROVISIONS:

3.1. Scope

These Terms and Conditions of Sale define the distance selling terms applicable to any purchase made through the Website.

They apply only to Products ordered, delivered and invoiced in France, Europe, the United States, Canada, the United Kingdom, Switzerland and the French overseas departments and territories.

These Terms and Conditions of Sale, drafted in French, set out in particular the various steps required to place your Order, the payment and delivery terms, and how your Order is tracked.

These Terms shall, where applicable, prevail over all statements, prior negotiations, commitments of any Nature, communications, whether oral or written, prior acceptances and agreements, and over your own purchasing terms or other terms.

3.2. Pre-contractual information

You acknowledge that, before placing your Order, you were provided clearly and comprehensibly with these General Terms and Conditions of Sale and all the information listed in Article L.221-5 of the French Consumer Code, including the following information:

• the essential characteristics of the Products;
• the price of the Products and any additional costs (delivery, for example);
• the date or period by which the Seller undertakes to deliver the Product;
• information relating to the Seller's identity, postal, telephone and electronic contact details, and activities, if not apparent from the context;
• information relating to statutory guarantees and how they are implemented;
• the possibility of using a consumer mediator;
• the period and procedures for exercising the right of withdrawal, in accordance with Articles L.221-18 and L.221-28 of the French Consumer Code.

3.3. Acceptance of the General Terms and Conditions of Sale

You acknowledge that validating the Order constitutes irrevocable acceptance, without restriction or reservation, of these GTC and an obligation to pay for the Products ordered.  

This acceptance is evidenced by ticking the box « By ticking this box, I accept the General Terms and Conditions of Sale » when confirming the Order.

3.4. Amendment of the General Terms and Conditions of Sale

We reserve the right to amend these GTC at any time. In the event of an amendment, the version of the GTC applicable to any Order is the one displayed on the Website on the date the Order is placed.

ARTICLE 4 - PRODUCTS:

The Products offered are those listed on the Website at the following address: https://hello-hossy.com/.

The Products and accessories offered on the Website are intended for your personal use.

Consequently, any resale, rental or provision for consideration, in whole or in part, of the Product(s) to third parties, whether private individuals or professionals, is prohibited.

The main characteristics of the Products, including all material information required by applicable regulations, in particular specifications, illustrations and details of Product dimensions or capacity, are presented on the Website in the product sheets. 

Before placing each Order, you must refer to the description of each Product to find out its properties, essential characteristics and delivery times.

The choice and purchase of a Product are your sole responsibility.

Products are offered subject to availability.

In the exceptional event that an item is unavailable after the order has been placed, we will inform you as soon as possible and offer you:  

• Or the provision of a substitute model of equivalent quality and price, capable of replacing the Product ordered. To this end, please let us know your preferred model after checking its availability by selecting « select the size »;
• Either cancellation of the order and a refund within fourteen (14) working days of the order being validated.

ARTICLE 5 - ORDERS:

All Product Orders are placed through the online catalogue available on the Website.  

It is expressly stated that any Product Order placed on the Website is an order with an obligation to pay.

Any Order constitutes acceptance of the description of the Products and the prices in force on the date the order is placed.

To order a Product, you must validate the various steps involved in placing the Order, namely:

• Add the selected Product(s) to your basket by clicking “ADD TO BASKET”;
• Select the basket;
• Confirm your Order by selecting the “PROCEED TO PAYMENT” tab;
• Choose an express payment method or enter your email address;
• Enter your delivery address;
• Select the delivery method;
• Choose the payment method and, where applicable, enter your payment details;
• Accept these General Terms and Conditions of Sale;
• Confirm your Order and payment by selecting the « PAY NOW » tab.

The Order will only be definitively registered upon final confirmation on the Order summary screen.

Registering the Order entails acknowledgement and acceptance of these General Terms and Conditions of Sale, and waiver of the right to rely on your own purchasing terms or other terms.

You will receive a summary email confirming your Product Order. You therefore formally accept the use of email to confirm the content of the Order.

The sale will only be considered final after a summary Order confirmation email has been sent and payment has been effectively received by our services.

We reserve the right to refuse any Order for legitimate reasons, particularly in the event of a dispute relating to payment for a previous Order or if we have reason to suspect that the Order was placed by a professional (reseller or distributor).  

Our computerised records, stored in our IT systems under reasonable security conditions, shall be considered proof of the Nature, content and date of the Order.

Once confirmed, the Order can no longer be modified.

ARTICLE 6 - PRICES:

6.1. Product prices

The sale price of the Products is the price shown on the product page of the website https://hello-hossy.com/ on the date the Order is placed. It is payable when the Order is placed.

Except for Products shipped outside the European Union and DROM-COM, Product prices are stated in Euros including all taxes (VAT).

The prices shown do not include transport and delivery costs, in accordance with the provisions of Article 6.2 below.

If there is an issue with full payment of the price, the Order will be automatically cancelled and you will be notified by email.

Codes entitling you to a discount on the purchase price on the Website may be offered to you for a limited period, either as a fixed amount or as a percentage. These discount codes cannot be combined with current promotional offers and may exclude certain Products.

In any event, promotional offers are valid only for the duration of the relevant offer and while stocks last.

6.2. Fees

Transport, shipping and delivery costs will be calculated before the Order is placed and will remain your sole responsibility.

For deliveries outside mainland France, customs duties, import duties or any state taxes that may be payable under the laws of the country where the Order is received shall be borne by you and are your sole responsibility. They will be paid directly to the carrier upon delivery.

Telecommunication costs relating to access to the Website are also your sole responsibility.

6.3. Payment methods

The price is payable in full in cash on the day the Order is placed. At no time may sums paid be considered as deposits or advance payments.

Payments will be made online when the Order is placed:

• Either by bank card (Visa, Mastercard, American Express, Maestro, CB) through the SHOPIFY payment service provider;
• Either through secure payment services Apple Pay , Google Pay , Meta Pay , Shop Pay or Paypal.       

Once the payment process is complete, an invoice will be issued. This invoice can be downloaded directly from your Customer account.  

Payments made will only be considered final once the amounts due have actually been received by our teams.

ARTICLE 7 - DELIVERY:

7.1. Place of delivery

Delivery will be made to the address provided when placing the Order, which may only be located in France, Europe, the United States, Canada, the United Kingdom, Switzerland and the DROM-COM.

Once the Order has been validated by our teams, the delivery address can no longer be changed.

Consequently, when you provide your personal details, you must ensure that the information provided is accurate and complete.

In the event of an error in the recipient's contact details, we cannot be held liable for the inability to deliver the Product(s). It is therefore your responsibility to check all information before confirming payment.

Delivery is carried out through Colissimo, Mondial Relay, Chronopost, Colis Privé, UPS, B2C-Maersk and Delivengo.

7.2. Delivery times

The average delivery time includes the time taken by our services to process Orders from Monday to Friday (excluding public holidays), as well as the transit times applied by carriers.

• Preparation times: 

We process Orders from Monday to Friday (excluding public holidays), within an average of 48 hours.
The Order is prepared and handed over to the carrier subject to payment. 

Processing times may be extended during certain periods (particularly sale periods) due to the higher number of orders.

• Transport times:

Transit times depend on the delivery method chosen, the quantity of Products and the delivery location:

The times shown in the table above are given in working days and run from the time the parcel is taken over by the carrier.

In all cases, you will automatically receive an email informing you that your Order has been dispatched and providing tracking information.

The aforementioned delivery times correspond to average processing and delivery times. They run from the date the Order is confirmed.

We undertake to use our best efforts to meet the delivery times stated when the Order is placed.

However, failure to meet delivery times shall not give rise to payment of compensation of any Nature whatsoever, nor incur our liability, where the delay does not exceed thirty (30) days from the date the Order is placed.  

 Finally, we cannot be held liable for the consequences of a delivery delay caused by the carrier you have chosen, or for late collection by you after the carrier has left a delivery notice in your letterbox.

7.3. Delivery costs

Delivery charges for Products will be calculated when the Order is placed and before it is confirmed, based on the delivery location, the delivery method you have chosen and the quantity of Products ordered.

ARTICLE 8 - TRANSFER OF OWNERSHIP AND TRANSFER OF RISK:

Ownership of the Products will only be transferred to you once the price has been paid in full, regardless of the delivery date of said Products.
The Products travel at our own risk. 

Consequently, the risk of loss and damage to the Product(s) will be transferred to you once you have taken physical possession of the Products and, in the event of absence, upon the carrier's first delivery attempt and the deposit of a missed-delivery notice in your letterbox.

ARTICLE 9 - RECEIPT OF PRODUCTS:

Delivery is deemed completed once the Products are handed over by the carrier, as evidenced by the carrier's tracking system.

Upon receipt of the Product, you must check the condition of the packaging and the Product received, and report to the carrier – or refuse – any damage and/or deterioration observed (anomaly, damaged Product, damaged parcel, missing Product, opened parcel, etc.) by submitting written reservations to the carrier within 3 working days.  

Within the same period, you must contact us by email at hello@hello-hossy.com, providing your Order number, a copy of the written reservation and any evidence of the non-conformities, damage or defects observed (including photographs of the damaged parcel and/or Product).

In the event of a lost parcel, you must also contact us by email at hello@hello-hossy.com and provide your contact details, your Order number and confirmation from the carrier that the parcel has been lost. 

After our teams have checked and confirmed the validity of the grounds for refusal, the lost or damaged Product(s) will be replaced or, if unavailable, you will be refunded within fourteen (14) days.

In the absence of reservations made within the aforementioned period and under the aforementioned conditions, the Products delivered shall be deemed accepted by the Customer and the delivery deemed compliant, subject to the implementation of statutory guarantees.

If you have opted for delivery to a collection point and have not collected your Order within the allotted time, it will be returned to us. In this case, you will be refunded the amount of your Order, less the delivery charges, which will remain your sole responsibility.

ARTICLE 10 - STATUTORY GUARANTEES:

10.1. Statutory guarantee of conformity of Products

We are liable for any lack of conformity existing at the time the Product is delivered, in accordance with Articles L. 217-4 et seq. of the French Consumer Code.

Under the statutory guarantee of conformity, you have two (2) years from delivery of the Product to notify us of any lack of conformity of the Product(s) ordered by email at hello@hello-hossy.com.

Subject to confirmation by our services that the claim is covered under this guarantee, you will receive a return confirmation email.

Within the same period, you must return the Product(s) to us at the postal address indicated in the return confirmation email.

You may then choose between a refund or bringing the Product into conformity (replacement), provided that the latter is possible and does not entail disproportionate costs in accordance with Article L.217-12 of the French Consumer Code.

The Product must be brought into conformity within a reasonable period, which may not exceed thirty (30) days following the consumer’s request.

In the event of a refund, it will be issued no later than fourteen days after receipt of the goods.

10.2. Hidden defects

We are also liable under the warranty against hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that you would not have purchased it, or would only have paid a lower price for it, had you known about them.

In accordance with Articles 1641 et seq. of the French Civil Code, you have two (2) years from discovering the defect to notify us of any hidden defect.

All complaints, exchange requests or refund requests must be made within the required period by email to hello@hello-hossy.com.  

Subject to confirmation by our teams that this guarantee applies, and provided you produce the Product purchase invoice, we will, at your choice, either refund the sale price or reduce the sale price.

If you choose a refund, you must, within the same period, return the Product(s) to us by following the procedure detailed in the Returns Portal. 

The following are not covered by the aforementioned statutory guarantees:

• Normal wear and tear of the Product;
• Damage caused by improper use of the Product, including negligence and failure to maintain the Product or any part of the Products;
• Damage caused by the use of abrasive, corrosive or chlorinated products to clean the Product;
• Alterations or any modifications made to the Product.

ARTICLE 11 - EXCHANGE AND RETURNS POLICY :

11.1. Statutory right of withdrawal

In accordance with Article L.221-18 of the French Consumer Code, you have a statutory right of withdrawal of fourteen (14) days from receipt of the Order.

In accordance with Article L.221-28 3° of the French Consumer Code, this right of withdrawal does not apply to Orders concerning personalised Products. 

To exercise your right of withdrawal, you must, within the aforementioned period:

• Send us a refund request via the Returns Portal, stating that you are exercising your statutory right of withdrawal;

• Return the Product(s) to us by post, together with the delivery note and your contact details, to the address shown on the return form, following the procedure indicated.

To be validly returned, Products must be returned in their original packaging, in perfect condition (new, undamaged, unwashed, unworn), with their labels and any accessories.

In any event, products purchased from second-hand websites or outside our official distribution network cannot be returned or refunded. 

For returns made in mainland France, we will provide you with a Colissimo return label worth €5.90.

• If you have opted for a gift voucher, we will cover the return costs;
• If you have chosen a refund, we will deduct the value of the return label (€5.90) from the refunded amount.

For returns made in Germany, we will provide you with a Colissimo return label worth €8.50; this amount will be deducted from the refunded amount.

For returns made outside mainland France and Germany, return costs are your sole responsibility. We do not provide a return label.

In any event, the parcel travels at your own risk. Therefore, if the parcel is lost by the carrier, we will not issue a refund. 

It is your responsibility to retain proof of this return (sending by tracked or registered post).

In accordance with Article L. 221-24 of the French Consumer Code, we undertake to refund the Product(s) within fourteen (14) days of receipt of the Product(s) by our services, except for Products excluded from the right of withdrawal.

Any refund will be made using the original payment method used when placing the Order. If you have changed bank accounts, remember to provide your new bank details to your former bank.

11.2. Product exchanges

Notwithstanding the above and independently of your statutory right of withdrawal, if the Product received does not suit you (size, colour, etc.), you may also exchange it by receiving a gift voucher valid for 1 year across the entire Website.

To obtain an exchange for the Product(s), you must:

• Send us an exchange request via the Returns Portal within fourteen (14) days of delivery, stating that you wish to exchange the Product(s);

• Return the Product(s) to us by post, together with the delivery note and your contact details, to the address shown on the return form, following the procedure indicated, within three (3) days of the exchange request.

To be validly returned, Products must be returned in their original packaging, in perfect condition (new, undamaged, unwashed, unworn), with their labels and any accessories.

In any event, products purchased from second-hand websites or outside our official distribution network cannot be returned, exchanged or refunded.  

For returns made in mainland France, we will provide you with a return label Mondial Relay worth €5.90.

• If you have opted for a gift voucher, we will cover the return costs;
• If you have chosen a refund, we will deduct the value of the return label (€5.90) from the refunded amount.

For returns made outside mainland France, return costs are your sole responsibility. We do not provide a return label.

In any event, the parcel travels at your own risk. Therefore, if the parcel is lost by the carrier, we will not issue an exchange or refund. 

It is your responsibility to retain proof of this return (sending by tracked or registered post).

Any returned Product that does not comply with the aforementioned return conditions will be refused by our services. If refused, the Product will be returned to you at your own expense and risk.

If the Product(s) are validly returned and the exchange request is accepted by our teams, you will receive by email, at the address provided when submitting the exchange request, a credit note for the amount of the returned Product(s), valid for 1 year across the entire Website.

ARTICLE 12 - LIABILITY :

We cannot be held liable for accidental damage of any Nature, whether material, non-material or bodily, resulting from use of the Product that does not comply with its intended purpose or from failure to comply with the information provided on product sheets and labels.

Nor can we be held liable in the event of non-performance or improper performance of these terms due to the Customer, a third party or force majeure. Events of force majeure include, without limitation, risks related to war, disasters, fires, strikes, riots, internal or external failures or breakdowns making supply impossible.

Hyperlinks set up as part of this Website to other resources available on the Internet cannot give rise to our liability either. Indeed, we have no technical means of monitoring websites connected to the Website, of which you are expressly informed under these terms. Consequently, the risks associated with such use are your responsibility and you must comply with the specific terms of use of each website.

In addition, use of and browsing on the Website are at your own risk. We cannot be held liable for any damage or viruses that may affect computer equipment or any other hardware when accessing, using or browsing the Website, or downloading any content, data, text, images or files from the Website.

ARTICLE 13 - PROCESSING OF PERSONAL DATA :

Some information provided when placing the Order is personal data.

The information collected is processed electronically by HYONA GROUPE SAS.

For more information about the collection, processing and protection of your personal data, please see our Privacy Policy.

ARTICLE 14 - INTELLECTUAL PROPERTY :

All trademarks, illustrations, images, designs, models and logos, whether registered or not, appearing on the Products, their accessories and packaging, are and remain our exclusive property.

Consequently, any use, in any form or on any medium, of the name “HELLO HOSSY®”, whether verbal or figurative, and more generally of all other trademarks, illustrations, images, designs, models and logos appearing on the Products, their accessories and packaging, whether registered or not, is strictly prohibited.

In addition, the content and structure of the Website, this Website and all its components, such as text, images, graphics, photographs, sounds, videos, animations, programmes, graphic design, databases, software and other underlying technology, as well as trademarks, designs, models, logos, etc. found on this Website and their compilation, are our exclusive property and are protected by copyright worldwide.

In this respect, and in accordance with the provisions of the Intellectual Property Code, only private use is permitted.

Consequently, any reproduction or representation, in whole or in part, by you of any element of the Website for any purpose and on any medium is strictly prohibited.

Failure to comply with this prohibition constitutes infringement and may incur your civil and criminal liability, pursuant to Articles L.122-4 and L.335-3 of the French Intellectual Property Code.

Furthermore, all technical documents and information materials (user guides, manufacturing methods, care instructions, etc.) provided to you remain our exclusive property and may not be used without our express prior consent.

None of the provisions of these General Terms and Conditions of Sale may be interpreted as granting you a licence to any intellectual property right.

ARTICLE 15 - COMPLAINTS AND MEDIATION :

In the event of a complaint, please contact us first by email at the following address: hello@hello-hossy.com so that we can work together to find an amicable solution to your issue.

If a complaint is not resolved amicably or if our services do not respond within fifteen (15) days, you may use any conventional mediation procedure or alternative dispute resolution method.

In particular, you are entitled to refer the matter free of charge, within one year of your complaint, to the competent consumer mediator in accordance with Articles L.612-1 et seq. of the French Consumer Code.

The contact details of the consumer mediator are as follows:  

Mediator of the Professional Federation of E-commerce and Distance Selling (FEVAD)
60 rue de la Boétie – 75008 PARIS
mediateurduecommerce@fevad.com
https://www.mediateurfevad.fr

You also have access to the European online dispute resolution platform provided for by Regulation (EU) No^o 524/2013 of 21 May 2013 on online resolution of consumer disputes, including cross-border disputes, available at the following address http://ec.europa.eu/consumers/odr/.

If this mediation fails, or if you refuse to use it, you will be entitled to bring the matter before the competent Court, in accordance with Article 17 of these General Terms and Conditions of Sale. 

ARTICLE 16 - APPLICABLE LAW AND LANGUAGE OF THE CONTRACT :

These online Terms and Conditions of Sale are governed by French law.

The language of the contract is French.

ARTICLE 17 - DISPUTES :

Any difficulty arising from the performance, interpretation or termination of these General Terms and Conditions of Sale and the resulting Orders, or more generally any dispute arising from the commercial relationship between the Parties and not resolved amicably, shall be submitted to the competent French courts.