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 any user of the Internet.

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, with its registered office 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 Terms », « General Terms and Conditions of Sale » or « GTC »).

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

Any professional is welcome to contact us by logging into the B2B space accessible at: 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 » refers to the General Terms and Conditions of Sale, which define the rights and obligations of the Parties in the context of 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 related to their commercial, industrial, craft, professional or agricultural activity, including when acting on behalf of or for the account of another professional ;

« Product » refers to all items offered for sale by Hello hossy® on the Seller's catalogue accessible on the following Website https://hello-hossy.com/ ;

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

« Delivery Timeframe » refers to the period between the Order Validation date and the date of delivery of the Order to the Customer. The delivery timeframes shown on the Website are given for information purposes only ;

 « Product Price »: the unit value of an item listed in the Seller's catalogue. This value is inclusive of all taxes (except for shipments outside the EU or to DROM-COM territories) and exclusive of Delivery Costs ;

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

« Delivery Costs » refers to the costs related to the routing and delivery of the Order to the delivery address indicated by the Customer or to the selected pick-up point ;

« Website » or « Site » refers to the online shop accessible at the following URL: « https://hello-hossy.com/ ».

ARTICLE 3 - GENERAL PROVISIONS:

3.1. Scope of application

These T&Cs are intended to define the distance selling terms applicable to any purchase made through the Website.

They are only applicable to Products ordered, delivered and invoiced in France, Europe, the United States, Canada, the United Kingdom, Switzerland and the DROM-COM.

These T&Cs, written in French, set out in particular the various steps required to place your Order, the payment and delivery terms, as well as Order tracking.

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

3.2. Pre-contractual information

You acknowledge that, prior to placing your Order, you were provided in a clear and comprehensible manner with these General Terms and Conditions of Sale and all the information listed in Article L.221-5 of the French Consumer Code, and in particular the following information:

• the essential characteristics of the Products;
• the price of the Products and any ancillary costs (delivery, for example);
• the date or timeframe by which the Seller commits to delivering the Product ;
• information relating to the Seller's identity, postal, telephone and electronic contact details, and activities, if they do not arise from the context;
• information relating to legal warranties and the procedures for implementing them ;
• the possibility of using a consumer mediator;
• the timeframe and conditions 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 validation of the Order constitutes irrevocable acceptance, without restriction or reservation, of these GTC and an obligation to pay for the ordered Products.  

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

3.4. Amendment of the General Terms and Conditions of Sale

We reserve the right to modify these GTC at any time. It is agreed that in the event of any modification, the version of the GTC applicable to any Order is the one appearing on the Website on the date the Order is placed.

ARTICLE 4 - PRODUCTS:

The Products on offer 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.

Accordingly, any resale, rental, paid transfer, partial or total, of the Product(s) to third parties, whether individuals or professionals, is prohibited.

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

Prior to each Order, you are required to refer to the description of each Product in order to learn about its properties, essential characteristics and delivery timeframes.

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

Products are offered subject to available stock.

In the exceptional event of unavailability after the order has been placed, we will inform you as soon as possible and will offer you:  

• Or the supply of an equivalent substitute of the same quality and price, capable of replacing the ordered Product. To this end, we leave it to you to let us know the desired model by first checking its availability by selecting "Select the size" ;
• Or cancellation of the order and a refund within fourteen (14) working days from validation of the order.

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 a payment obligation.

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

To order a Product, you must complete the various steps of the ordering process, namely:

• Add the selected Product(s) to your basket by clicking "Add to cart";
• Select your 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 a 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 recorded upon the final validation of the Order summary screen.

Registering the Order implies acknowledgement and acceptance of these General Terms and Conditions of Sale, and a waiver of any right to invoke your own purchasing conditions or other conditions.

A summary confirmation email for your Product Order will be sent to you. By placing an Order, you formally accept the use of electronic mail to confirm the content of the Order.

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

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

Our computerised records, kept in our computer systems under reasonable security conditions, will be considered as 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 upon ordering.

Except for Products shipped outside the European Union and DROM-COM territories, Product prices are displayed in Euros inclusive of all taxes (VAT included).

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

In the event of a problem with full payment of the price, the Order will be automatically cancelled and you will be notified by email.

Discount codes entitling you to a reduction 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 only valid within the dual limit of the validity period of the relevant offer and available stock.

6.2. Costs

Transport, shipping and delivery costs will be calculated prior to placing the order and will remain your sole responsibility.

For deliveries outside mainland France, any customs duties, import duties or state taxes that may be applicable under the laws of the country receiving the Order are your responsibility and yours alone. They will be paid directly to the carrier upon delivery.

Telecommunication costs related to accessing the Website also remain your sole responsibility.

6.3. Payment methods

The price is payable in full at the time the Order is placed. Under no circumstances may the sums paid be considered as deposits or advance payments.

Payments will be made online at the time the Order is placed:

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

Upon completion of the payment process, an invoice will be issued. This invoice will be available to download directly via your Customer account.  

Payments made will only be considered final upon effective receipt of the sums due by our services.

ARTICLE 7 - DELIVERY:

7.1. Delivery address

Delivery will be made to the address provided when placing the Order, which can 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 services, the delivery address can no longer be modified.

As a result, when you enter your personal details, you must ensure the accuracy and completeness of the information provided.

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

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

7.2. Delivery timeframes

The average delivery time includes the order processing time by our teams from Monday to Friday (except public holidays) as well as the transit times applied by the carriers.

• Preparation times: 

We process Orders from Monday to Friday (except public holidays), with an average turnaround time of 48 hours.
The order is prepared and handed to the carrier subject to payment. 

Processing times may be extended during certain periods (particularly during sales periods), due to the higher volume of orders.

• Shipping times:

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

The timeframes shown in the table above are given in working days and run from the date the parcel is collected by the carrier.

In all cases, you will automatically receive an email informing you of the dispatch and tracking of your Order.

The delivery timeframes mentioned above correspond to average processing and delivery times. They run from the date of Order confirmation.

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

However, failure to meet delivery deadlines shall not give rise to the payment of any compensation, of whatever nature, nor shall it engage our liability, when the delay does not exceed thirty (30) days from the date the Order was placed.  

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

7.3. Delivery costs

Delivery costs for Products will be calculated when placing the Order and before its confirmation, 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 upon full payment of the price, regardless of the delivery date of said Products.
The Products travel at our risk and expense. 

As a result, the risk of loss and deterioration of 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 first delivery attempt by the carrier and the deposit of the delivery notice in your letterbox.

ARTICLE 9 - RECEIPT OF PRODUCTS:

Delivery is deemed completed upon handover of the Products by the carrier, as evidenced by the tracking system used by the carrier.

Upon receipt of the Product, you are required to check the condition of the packaging and the Product received, and to report to the carrier — or indeed refuse — any possible damage and/or deterioration noted (anomaly, damaged Product, damaged parcel, missing Product, opened parcel, etc.) by issuing written reservations to the carrier within a period of 3 working days.  

Within the same timeframe, 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 identified (in particular 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, providing your contact details, your Order number and a statement from the carrier confirming that the parcel has been lost. 

After verification and confirmation of the validity of the grounds for refusal by our services, the lost or damaged Product(s) will be replaced, or, if unavailable, you will be refunded within a period of fourteen (14) days.

In the absence of reservations made within the aforementioned timeframe and conditions, the Products delivered will be deemed accepted by the Customer and the delivery deemed compliant, unless statutory guarantees are invoked.

If you opted for delivery to a collection point and did not collect your Order within the allotted time, it will be returned to us. In that case, you will be refunded the amount of your Order, minus the delivery costs which shall remain your sole responsibility.

ARTICLE 10 - LEGAL WARRANTIES:

10.1. Statutory guarantee of conformity of Products

We are liable for any lack of conformity existing at the time of delivery of the Product, in accordance with Articles L. 217-4 and following of the Consumer Code.

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

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

Within the same timeframe, you will be required to return the Product(s) to us at the postal address indicated in the return confirmation email.

You will then be able to choose between a refund or remedying the Product (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 remedy must take place within a reasonable timeframe that cannot exceed thirty (30) days following the consumer's request.

In the event of a refund, it will be processed no later than fourteen days following receipt of the item.

10.2. Hidden defects

We are also liable under the warranty for hidden defects in the item sold that render it unfit for the purpose for which it was intended, or that so diminish that use that you would not have purchased it, or would only have paid a lower price, had you been aware of them.

In accordance with Articles 1641 and following of the Civil Code, you have a period of two (2) years from the discovery of the defect to inform us of any potential hidden defect.

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

Subject to confirmation by our services that the claim is covered under this warranty, and provided you produce the purchase invoice for the Product, we will proceed, at your choice, with either a refund of the sale price or a reduction of the sale price.

If you opt for a refund, you must, within the same timeframe, 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 misuse of the Product, including in particular negligence and failure to maintain the Product or part of the Products ;
• Damage caused by the use of abrasive, corrosive or chlorinated products for cleaning 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 timeframe:

• Submit a refund request via the Returns Portal, indicating that you are exercising your statutory right of withdrawal;

• Return the Product(s) to us by post, accompanied by the delivery note and your contact details, to the address shown in the returns form, following the indicated procedure.

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

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

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

• If you opted for a gift voucher, we will cover the return shipping costs;
• If you opted for a refund, we will deduct the value of the return label (5.90 euros) 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. Accordingly, in the event of loss of the parcel by the carrier, we will not issue a refund. 

It is your responsibility to retain proof of return (sent by tracked or recorded delivery).

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

Any refund will be made via the original payment method used at the time of the Order. If you have changed your bank account, please remember to provide your new bank details to your previous 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 also have the option of obtaining an exchange via the issue of a gift voucher valid for 1 year across the entire Website.

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

• Submit an exchange request via the Returns Portal within a period of fourteen (14) days from delivery, indicating that you wish to exchange the Product(s);

• Return the Product(s) to us by post, accompanied by the delivery note and your contact details, to the address shown in the returns form, following the indicated procedure, within a period of three (3) days from the date of the exchange request.

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

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

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

• If you opted for a gift voucher, we will cover the return shipping costs;
• If you opted for a refund, we will deduct the value of the return label (5.90 euros) 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 case, the parcel travels at your own risk. Therefore, in the event of loss of the parcel by the carrier, we will not proceed with any exchange or refund. 

It is your responsibility to retain proof of return (sent by tracked or recorded delivery).

Any returned Product that does not comply with the aforementioned return conditions will be refused by our team. In the event of refusal, the Product will be returned to you at your expense and risk.

If the Product(s) are validly returned and the exchange request is accepted by our services, you will receive by email, at the address provided when submitting the exchange request, a gift voucher for the value 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 kind, whether material, immaterial or bodily, resulting from use of the Product that does not comply with its intended purpose or from failure to follow the information provided on the product pages and labels.

Our liability may also not be engaged in the event of non-performance or poor performance of these terms due either to the Customer's actions, to a third party, or to a case of force majeure. Cases of force majeure include, without limitation, risks related to war, disasters, fires, strikes, riots, internal or external failures or breakdowns making it impossible to maintain supply.

The hyperlinks set up within this Website leading to other resources available on the Internet cannot engage our liability either. Indeed, we have no technical means of controlling the sites connected to the Website, of which you are expressly informed under these terms. Accordingly, the risks associated with such use are borne by you and you must comply with the specific terms of use of each site.

Furthermore, use of and navigation on the Website are carried out 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 the Site, using the Site or browsing the Site, or downloading any content, data, texts, images or files from the Site.

ARTICLE 13 - PROCESSING OF PERSONAL DATA :

Some information provided when placing the Order constitutes personal data.

The information collected is subject to computer processing for which HYONA GROUPE SAS is the data controller.

For more information on the collection, processing and protection of your personal data, please refer to our Privacy Policy.

ARTICLE 14 - INTELLECTUAL PROPERTY :

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

Accordingly, any use, in any form and on any medium whatsoever, of the name « Hello hossy® » in verbal or figurative form, and more generally of all other trademarks, illustrations, images, designs, models and logotypes appearing on the Products, their accessories and their packaging, whether registered or not, by you is strictly prohibited.

Furthermore, the content and structure of this Website and all elements it comprises, such as texts, images, graphics, photographs, sounds, videos, animations, programmes, graphic design, databases, software, and other underlying technology, as well as trademarks, designs, models, logos, etc. appearing on this Website and their compilation are our exclusive property and are protected by copyright law, worldwide.

In this regard, and in accordance with the provisions of the French Intellectual Property Code, only use for private purposes is authorised.

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

Failure to comply with this prohibition constitutes an infringement that may give rise to 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 any information media (user instructions, manufacturing processes, maintenance methods…) 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 over any intellectual property right.

ARTICLE 15 - COMPLAINTS AND MEDIATION :

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

If a complaint has not been resolved amicably or if our services have not responded within a period of fifteen (15) days, you may use any conventional mediation procedure or alternative dispute resolution method.

In particular, you are entitled to contact, free of charge, within one year of your complaint, the competent consumer mediator in accordance with the provisions of Articles L.612-1 and following of the 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 by Regulation (EU) No ^o 524/2013 of 21 May 2013 on online resolution of consumer disputes, including cross-border disputes, accessible at the following address http://ec.europa.eu/consumers/odr/.

Should this mediation fail, 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 dispute arising from the performance, interpretation or termination of these General Terms and Conditions of Sale and the Orders arising therefrom, or more generally any dispute arising from the commercial relationship between the Parties that has not been resolved amicably, shall be submitted to the competent French courts.