Terms and Conditions.

Last modified: November 2024

ARTICLE 1 - PREAMBLE:

The website https://hello-hossy.com/ (hereinafter the "Website ") is accessible to all Internet users.

The Website is hosted by Shopify Commerce France, a simplified corporation registered with the Paris Trade and Companies Register under the number 902 633 577 and headquartered at 75, Rue de Rome, 75008 Paris, France.

The following General Terms and Conditions of Sale are concluded between HELLO HOSSY® (hereinafter referred to as "we," "us ," "our") and any Consumer (hereinafter referred to as "you ," "your," "yours") who wishes to place an Order for Products on the Website (hereinafter referred to as the "Terms and Conditions," "General Terms and Conditions of Sale" or "GTCs").

Online sales on the Website are not accessible to professionals. The present General Terms and Conditions of Sale therefore do not apply to professionals.

Professionals are free to contact Hello Hossy® by logging in to the B2B area at the following address: https://pro.hello-hossy.com/account/login or via email at: team@hello-hossy.com.

ARTICLE 2 — DEFINITIONS:

"General Terms and Conditions of Sale" or "GTC:" the general terms and conditions of sale that define the rights and obligations of the parties in connection with the purchases made and the services offered on the Websitehttps://hello-hossy.com/;

"Consumer:" any natural person who is acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, professional, or agricultural activity;

"Professional:" any natural or legal person, public or private, who acts for purposes within the scope of their commercial, industrial, artisanal, professional, or agricultural activity, including when acting in the name or on behalf of another professional;

"Product:" any item offered for sale by Hello Hossy® in its catalog on the following Websitehttps://hello-hossy.com/;

"Order:" the purchase of a Product on the Websitehttps://hello-hossy.com/;

"Delivery Time:" the period from the date that the Order is validated to the date that the Order is delivered to the Customer. The delivery times shown on the Website are given for information purposes only;

"Product Price:" the unit value of an item that appears in our catalog. This value includes all taxes (except for shipments outside the EU or to French overseas departments and territories) and excludes delivery costs;

"Delivery:" the shipment of the Order to the Customer;

"Delivery Costs:" the costs associated with the routing and delivery of the Order to the delivery address indicated by the Customer or to the selected pickup point;

The "Website" or "Site" designates the online sales website available at the following URL: "https://hello-hossy.com/."

ARTICLE 3 — GENERAL PROVISIONS:

3.1. Scope of application

The purpose of the present GTCs is to define the distance selling terms and conditions which apply to any purchase made via the Website.

The present GTCs 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.

The present GTCs, originally written in French, specify the various steps involved in placing your Order, as well as the payment & delivery terms and the tracking of your Order.

Whenever required, the present Terms and Conditions shall prevail over all declarations, prior negotiations, commitments of any kind, communications (oral or written), and prior agreements, as well as over your own terms and conditions of purchase or any other terms and conditions.

3.2. Pre-contractual information

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

• The essential characteristics of the Products;
• The price of the Products and related costs (such as delivery costs);
• The date or time by which the Seller undertakes to deliver the Product;
• Information relating to the identity of the Seller, its mailing address, telephone number, and e-mail address, and its activities (if not already apparent from the context);
• Information on legal warranties and how to make use of them;
• The possibility of recourse to the consumer mediator;
• The deadline 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

By placing an Order, you provide your irrevocable acceptance, without restriction or reservation, of the present GTC and your obligation to pay for the Products ordered.  

Users agree to the present GTC by checking the box "By checking this box, I accept the General Terms and Conditions of Sale" when placing their Order.

3.4. Changes to the General Terms and Conditions of Sale

We reserve the right to change the present GTC at any time. The parties agree that in the event of a modification, the version of the GTC appearing on the Website when the Customer's Order is placed is the version that shall apply.

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 personal use.

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

The main characteristics of the Products, including all the information required by applicable regulations - and in particular the specifications, illustrations, and dimensions or capacities of the Products - are presented on the product pages on the Website. 

Prior to each Order, you are required to consult the description of each Product to become aware of its properties, essential features, and delivery times.

You are solely responsible for the choice and purchase of a Product.

Products are offered while inventories last.

In the rare event that a Product proves to be unavailable after the Order has been placed, we will inform you as soon as possible and offer you:

• Either an alternative Product of equivalent quality and price, capable of replacing the ordered Product. We therefore request that you indicate the desired Product by checking its availability by selecting "Choose the size;"
• Or the cancellation of the Order and a refund within fourteen (14) business days from the time the Order was validated.

ARTICLE 5 - ORDERS:

All Product Orders are placed via the online catalog, which is accessible on the Website.  

It is expressly specified that any Product Order placed on the Website is an order for which payment is required.

Placing an Order implies your acceptance of the description of the Products and the prices in force on the day the Order is placed.

To order a Product, you must validate the various steps of the Order, namely:

• Add the selected Product(s) to your shopping cart by clicking on "ADD TO CART";
• Select the shopping cart;
• Confirm your Order by selecting the "PROCEED TO PAYMENT" tab;
• Choose an express payment method or enter your e-mail address;
• Enter your delivery address;
• Select the delivery method;
• Choose your payment method and, if applicable, enter your payment details;
• Accept the present General Terms and Conditions of Sale;
• Confirm your Order and your payment by selecting the "PAY NOW" tab.

The Order will not be finalized until the final validation on the Order summary screen.

The finalization of the Order implies your recognition and acceptance of the present General Terms and Conditions of Sale, and the waiver of your right to invoke your own conditions of purchase or any other conditions.

You will receive a summary e-mail confirming your Order. You therefore formally accept the use of your e-mail address to confirm the content of your Order.

The sale will only be considered to have been finalized after we have sent an e-mail confirming the Order, and after we have received payment.

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

Our computerized records, which are stored in our computer systems with an adequate level of security, will be considered proof of the nature, content, and date of the Order.

Once validated, the Order can no longer be modified.

ARTICLE 6 — PRICE:

6.1.Product Prices

The selling price of Products is the price that appears on the Product page on the Websitehttps://hello-hossy.com/ on the day that the Order is placed. The Price is payable at the time of placing the Order.

Except for Products shipped outside the European Union and the French overseas departments and territories, the Product prices are listed in Euros and include all taxes.

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

In the event that a problem occurs during the payment of the full price, the Order will be automatically canceled and you will be notified by e-mail.

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

In any case, promotional offers are only valid within the limits of available stock and the validity period of the offer.

6.2. Costs

Transport, shipping, and delivery costs are calculated before the order is finalized, and you are solely responsible for the payment of these costs.

For deliveries outside mainland France, you are solely responsible for any customs duties, import duties, or any state taxes that may be payable under the laws of the country in which the Order is received. These costs must be paid to the carrier upon delivery.

You are also solely responsible for any telecommunication costs incurred in accessing the Website.

6.3.Payment terms

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

Payments are made online when the Order is placed:

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

An invoice will be issued at the end of the payment process. This invoice can be downloaded directly from your customer account.  

Payments shall only be considered final once our services receive the amounts that are due.

ARTICLE 7 - DELIVERY:

7.1.Delivery location

The Order is delivered to the shipping address that is provided while placing the Order. This address must be located in France, Europe, the United States, Canada, the United Kingdom, Switzerland, or the French overseas departments and territories.

Once our services have validated the Order, the shipping address cannot be modified.

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

If there is an error in the recipient's information, we shall not be held responsible in the event that it is not possible to deliver the Product(s). It is therefore your responsibility to check all information before confirming your payment.

Deliveries are made via Colissimo, Mondial Relay, Chronopost, Colis Privé, UPS, B2C-Maersk, and Delivengo.

7.2.Delivery times

The average delivery time includes the time that is required for our services to process orders (Monday to Friday, except public holidays), as well as carrier transport times.

• Preparation time:

We process Orders from Monday to Friday (except public holidays) in an average of 48 hours.
Once they are paid, Orders are prepared and handed over to the carrier. 

Processing times may be longer at certain times (particularly during sales periods), due to the higher number of orders.

• Transport times:

Transport times depend on the delivery method chosen, the quantity of Products ordered, and the place of delivery:

The times in the table above are listed in business days and start from the time the carrier picks up the package.

In any event, you will automatically receive an e-mail informing you that your Order has been shipped. You will also receive a tracking number for tracking your Order.

The above-mentioned delivery times correspond to average processing and delivery times. They start from the date that the Order is confirmed.

We will do our best to honor the delivery times that are indicated when the Order is placed.

In the event of a late delivery, Customers shall in no way be entitled to compensation of any kind, nor shall we be held liable in any way, provided the delivery takes place no later thanthirty (30) days after the date of the Order.  

Finally, we shall not be held liable for the consequences of a delay in delivery by the selected transport service provider, or of a late pickup on your part after the carrier has left a delivery notice in your mailbox.

7.3.Delivery costs

Delivery costs for Products are calculated once the Order has been placed and before the Order is validated, as per the delivery location, the selected delivery method, and the number of Products ordered.

ARTICLE 8 - TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS:

The transfer of ownership of Products only takes place once the Order amount has been paid in full, regardless of the delivery date of the Products.
We assume all risks for shipped Products. 

Consequently, the risk of loss and deterioration of the Product(s) will be transferred to you once you have taken physical possession of the Product(s), and in the event of your absence, once the carrier has left the first delivery notice in your mailbox.

ARTICLE 9 - RECEIPT OF PRODUCTS:

Delivery is deemed to have taken place when the Products are handed over by the carrier, as evidenced by the tracking system used by the carrier.

Upon receipt of the Product(s), you must check the condition of the packaging as well as the condition of the Product(s), and if necessary, refuse the Product(s), or report any damage and/or deterioration (e.g., anomalies, damaged Products, damaged packaging, missing Products, opened packages, etc.) to the carrier in writing within 3 business days.  

Within the same time limit, you must contact us by email at hello@hello-hossy.com, providing us with your order number, a copy of the written observations, and any evidence regarding the non-conformities, damage, or defects observed (in particular photographs of the damaged package and/or product).

If your Order gets lost in the mail, you must also contact us by email (hello@hello-hossy.com) with your contact details, your Order number, and a note from the carrier confirming that the parcel has in fact gone lost. 

Once our services have verified and approved the reasons for the refusal, we will replace the lost or damaged product(s), unless the latter are unavailable, in which case you will receive a refund within fourteen (14) days.

If no damage/deterioration is reported to the carrier within the aforementioned period and conditions, the Customer will be deemed to have accepted the delivered Products and the delivery will be deemed to be compliant, unless a claim is made within the scope of the legal warranties.

If you have opted for a delivery to a pickup point and have not picked up your order within the specified time, your order will be returned to us. In such a case, you will be refunded for the full amount of your Order, minus the shipping costs.

ARTICLE 10 - LEGAL WARRANTIES:

10.1. Legal warranty of product conformity

As per Articles L. 217-4 et seq. of the French Consumer Code, we are liable for all defects existing at the time of the delivery of the Product.

Under the legal warranty of conformity, you have two (2) years from the date of delivery of the Product(s) to inform us of any lack of conformity concerning the ordered Product(s). To file a claim, please send an e-mail to: hello@hello-hossy.com.

Provided our services accept your claim, you will receive an e-mail authorizing the return of your Product(s).

Within the same two-year period, you must return the Product(s) to the mailing address listed in the return confirmation e-mail.

As per Article L.217-12 of the French Consumer Code, you will then be able to choose between a refund and a reparation/replacement, provided the latter is possible and not associated with disproportionate costs.

The product will be made conform within a reasonable period of time, and no later than thirty (30) days following the claim of the consumer.

In the event of a refund, the refund will be made no later than fourteen (14) days after receipt of the goods.

10.2. Hidden defects

We are also liable for any hidden defects in the item sold which cause it to be unfit for its intended use, or which impair that use to such an extent that you would not have purchased it, or would have paid less for it, had you been aware of any such hidden defects.

As per Articles 1641 et seq. of the French Civil Code, you have two (2) years from the discovery of the defect to inform us of any hidden defects.

All claims and requests for exchanges or refunds must be made within the specified time limit by e-mail to hello@hello-hossy.com.  

Provided our services accept your claim and you submit the invoice for the Product, we will, as per your instructions, either refund or reduce the purchase price.

If you opt for a refund, you will be required (within the same time period) to return the Product(s) to us by following the procedure indicated in the Returns portal. 

The above-mentioned legal warranties do not cover:

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

ARTICLE 11 - EXCHANGE AND RETURN POLICY

11.1. Legal right of withdrawal

As per Article L.221-18 of the French Consumer Code, you benefit from a legal withdrawal (cancellation) period of fourteen (14) days from the receipt of the Order.

As per Article L.221-28 (3) of the French Consumer Code, this right of withdrawal does not apply to Orders for custom Products. 

To exercise your right of withdrawal, you must (within the above-mentioned period):

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

• Return the Product(s) by regular mail, along with the delivery slip and your contact details, to the address listed on the returns form and as per the provided instructions.

For returns to be approved, Products must be returned in their original packaging, in perfect condition (new, undamaged, unwashed, unworn), with their labels intact, and with any accessories.

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

For returns within mainland France, we will provide you with a Colissimo return label valued at €5.90.

• If you opt for a voucher, we will pay the return shipping costs;
• If you opt for a refund, we will deduct the value of the return label (€5.90) from the amount refunded.

For returns outside mainland France, you are solely responsible for the return shipping costs. We do not provide return labels for returns outside of mainland France.

In any case, the parcel is shipped at your own risk. Thus, in the event that the carrier loses the package, we will not offer a refund. 

It is your responsibility to provide proof of this return (by sending it via tracked or registered mail).

As per Article L. 221-24 of the French Consumer Code, we shall 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.

Refunds will be made via the original method of payment used at the time of placing the Order. If you have changed your bank account, please remember to provide your new bank details to your previous bank.

11.2.Exchanges

Notwithstanding the foregoing and independently of your legal right of withdrawal, if you are unsatisfied with the Product (size, color, etc.), you may opt for an exchange in the form of a voucher valid for 1 year on the entire Website.

To exchange the Product(s), you must:

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

• Return the Product(s) by regular mail, along with the delivery slip and your contact details, to the address listed on the returns form and as per the provided instructions within three (3) days of requesting the exchange.

For returns to be approved, Products must be returned in their original packaging, in perfect condition (new, undamaged, unwashed, unworn), with their labels intact, and with any accessories.

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

For returns within mainland France, we will provide you with a Mondial Relay return label valued at €5.90.

• If you opt for a voucher, we will pay the return shipping costs;
• If you opt for a refund, we will deduct the value of the return label (€5.90) from the amount refunded.

For returns outside mainland France, you are solely responsible for the return shipping costs. We do not provide return labels for returns outside of mainland France.

In any case, the parcel is shipped at your own risk. Thus, in the event the carrier loses the package, we will not offer an exchange or refund. 

It is your responsibility to provide proof of this return (by sending it via tracked or registered mail).

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

If the Product(s) are returned properly and the exchange request is accepted by our services, we will send you a voucher for the amount of the returned Product(s) (valid for 1 year on the Website) by e-mail to the e-mail address you provided upon requesting the exchange.

ARTICLE 12 - LIABILITIES :

We shall not be held liable for accidental damage of any kind, whether material, immaterial, or bodily, due to the use of the Product in a way that is not in accordance with its intended purpose, or failure to comply with the information provided on the product pages and labels.

Nor shall we be held liable in the event of non-performance or improper performance of the present contract due to the fault of the Customer, a third party, or force majeure. Cases of force majeure include, but are not limited to, risks associated with war, disasters, fires, strikes, riots, and internal or external failures or breakdowns that make the supply of products impossible.

Furthermore, we shall not be held liable for the content of any other website which may be accessed via hypertext links on the Website. Customers hereby acknowledge that Hello Hossy® has no way whatsoever to control the websites linked by the Website. As such, Customers assume all risks associated with such use, and must comply with the terms of use specific to each website.

Customers are solely responsible for their use and navigation of the Website. We shall not be held liable for any damages or viruses that may affect computer equipment or any other hardware when accessing, using, or browsing the Website, or when downloading any content, data, text, images, or files from the Website.

ARTICLE 13 - PROCESSING OF PERSONAL DATA:

Some types of information you provide when placing an Order are personal data.

The collected data is processed by the HYONA GROUPE SAS.

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

ARTICLE 14 - INTELLECTUAL PROPERTY:

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

Consequently, any use, in any form and on any medium whatsoever, of the name "Hello Hossy®", and more generally of all other trademarks, illustrations, images, drawings, models, or logotypes appearing on the products, their accessories, and their packaging, whether patented or not, is strictly prohibited.

In addition, the content and structure of the Website, and all the elements of which it is composed (text, images, graphics, photographs, sounds, videos, animations, programs, graphic charters, databases, software, and other underlying technology, as well as trademarks, designs, models, logos, etc.), as well as the compilation of said elements, are the exclusive property of Hello Hossy® and protected by copyright worldwide.

As such, and in accordance with the provisions of the French Intellectual Property Code, the Website may only be used for personal (non-professional) purposes.

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

Failure to comply with this prohibition shall constitute an infringement of copyright for which you may be held civilly and criminally liable, as per Articles L.122-4 and L.335-3 of the French Intellectual Property Code.

In addition, all supplied technical documents and informational materials (operating instructions, manufacturing methods, maintenance methods, etc.) remain our exclusive property and may not be used without our express prior consent.

None of the provisions in the present GTC shall be construed as granting a Customer a license to any intellectual property right.

ARTICLE 15 - CLAIMS AND MEDIATION:

If you have a claim, please contact us first by e-mail at the following address: hello@hello-hossy.com so that we can work together to find an amicable solution to your problem.

If the claim cannot be resolved amicably, or if our services do not respond within fifteen (15) days, you may have recourse to any conventional mediation procedure or alternative dispute resolution method.

In particular, as per the provisions of Articles L.612-1 et seq. of the French Consumer Code, you have the right to contact, free of charge, the competent consumer mediator within one year of your claim.

The Consumer Mediator's contact details are as follows:

Médiateur de la Fédération professionnelle du e-commerce et de la vente à distance (FEVAD)
60 Rue de la Boétie - 75008 PARIS
mediateurduecommerce@fevad.com
https://www.mediateurfevad.fr

You can also visit the European online dispute resolution platform provided for in Regulation (EU) n^o. 524/2013 of May 21, 2013 on the online settlement of consumer disputes (in particular cross-border disputes), which can be accessed at the following address: http://ec.europa.eu/consumers/odr/.

In the event that the mediation fails, or you refuse to pursue it, you will be entitled to refer the matter to the competent Court, in accordance with Article 17 of the present GTC. 

ARTICLE 16 - APPLICABLE LAW AND CONTRACT LANGUAGE:

The present GTC are governed by French law.

The contract is originally drafted in French, and the French version will take precedence over any translations of the present contract.

ARTICLE 17 - DISPUTES:

Any difficulty arising from the performance, interpretation, or termination of the present GTC and the Orders arising from them, or more generally, any dispute arising from the commercial relationship between the Parties which has not been resolved amicably, shall be referred to the competent French courts.