Terms and Conditions..

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 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, 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. These General Terms and Conditions of Sale therefore do not apply to professionals.

Professionals may contact us by logging on to the B2B space accessible 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 "GTCs" means 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 Websitehttps://hello-hossy.com/;

"Consumer" means 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" means 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 " means all items offered for sale by HELLO HOSSY® in the Seller's catalog accessible on the following Websitehttps://hello-hossy.com/;

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

"Delivery Time" means the period between the date of Order Validation and the date of the Delivery of the Order to the Customer. The delivery times shown on the Website are given for information purposes only;

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

"Delivery" means the sending of the Order to the Buyer;

"Delivery Costs" means the costs associated with the routing and delivery of the Order to the delivery address indicated by the Customer or to the selected service 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 these GTCs is to define the distance selling terms and conditions which apply to any purchase made via the Website.

These 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.

These GTCs, written in the English language, specify the various steps involved in placing your Order, the payment and delivery terms and conditions, and the tracking of your Order.

These Terms and Conditions shall prevail, as the case may be, over all representations, prior negotiations, commitments of any kind, communications, whether oral or written, acceptances 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 these 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 postal, telephone and electronic contact details, 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

You acknowledge that validation of the Order implies your irrevocable acceptance, without restriction or reservation, of these GTCs and your obligation to pay for the Products ordered.  

This acceptance is confirmed by checking the box "By checking this box, I accept the General Terms and Conditions of Sale" when validating the Order.

3.4. Changes to the General Terms and Conditions of Sale

We reserve the right to change these GTCs 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 your 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 substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented in the product pages on the Website. 

Prior to each Order, you are required to refer to the description of each Product in order to be aware of its properties, essential features and delivery times.

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

The photographs appearing on the Website are for information purposes only and do not constitute a contractual commitment on our part, and do not guarantee perfect similarity between the Product ordered and the Product depicted, particularly with regard to colors, materials and dimensions.

These differences cannot be interpreted as defects of conformity and therefore cannot lead to the cancellation of the sale.

Products are offered while inventories last.

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

• Or the supply of a substitute model of equivalent quality and price, capable of replacing the Product ordered. To do so, we ask you to inform us of the desired model after first checking its availability by selecting "Choose size";
• Either cancellation of the order and refund within fourteen (14) working days from the validation of the order.

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 email address;
• Enter your delivery address;
• Select the delivery method;
• Choose your payment method and, if applicable, enter your payment details;
• Accept these 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 last validation of the Order summary screen.

Finalization of the Order implies your recognition and acceptance of these General Terms and Conditions of Sale, and the waiver of your right to invoke your own conditions of purchase or other conditions.

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

The sale will only be considered to have been finalized after we have sent an email 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 under reasonable security conditions, will be considered as proof of the nature, content and date of the Order.

Once validated, Orders can no longer be modified.

ARTICLE 6 — PRICE:

6.1.Product Prices

The selling price of the Products is the price which appears on the product page on the Website https://hello-hossy.com/ on the day 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 quoted in Euros, inclusive of all taxes.

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

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

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 exclude certain Products.

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

6.2. Costs

Transport, shipping and delivery costs will be calculated before the order is placed and payment of these costs will remain your sole responsibility.

For deliveries outside mainland France, 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 will be at your expense and are your sole responsibility. 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 can the sums paid be considered as deposits or advance payments.

Payments will be made online when the Order is placed:

• By credit card (Visa, Mastercard, American Express, Maestro or bank card) 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 procedure. 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 locations

Delivery will be made to the address provided when the Order is placed, which can only be in France, Europe, the United States, Canada, the United Kingdom, Switzerland and the French overseas departments and territories.

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

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

In the event of an error in the recipient's details, we cannot 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 payment.

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

7.2.Delivery times

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

• Preparation time:

We process Orders from Monday to Friday (except public holidays), within an average of 48 hours.
Orders are prepared and transmitted to the carrier subject to payment. 

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 shown in the table above are indicated in working days and start from the time the carrier picks up the package.

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

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

We commit to making our best efforts to meet the delivery times mentioned at the time when the Order is placed.

Nevertheless, failure to meet delivery times shall not give rise to the payment of compensation of any kind whatsoever, nor engage our liability, provided that the delay does not exceed thirty (30) days from the date of Placing the Order.  

Finally, we cannot be held liable for the consequences of a delay in delivery by the transport service provider you have chosen, or of a late pick-up on your part after the carrier has left a delivery notice in your letterbox.

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:

Ownership of the Products will be transferred to you only after full payment of the price, regardless of the delivery date of the Products.
Products travel at our own risk. 

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, upon the first presentation by the carrier and the leaving of the delivery notice in your letterbox.

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, you are required to check the condition of the packaging and the condition of the Product, and to report to the carrier - or if necessary, to refuse - any damage and/or deterioration observed (such as anomalies, damaged Products, damaged packaging, missing Products, opened packages, etc.) by making written reservations to the carrier within 3 working days.  

Within the same time limit, it is your responsibility to contact us by email at hello@hello-hossy.com, giving us your Order number, a copy of the written reservation and any evidence regarding the actual non-conformities, damage or defects observed (in particular photographs of the damaged package and/or Product).

In the event of a lost parcel, it is also your responsibility to contact us by email at hello@hello-hossy.com, giving us your contact details, your Order number and a certificate from the shipping service confirming that the parcel has been lost. 

After our services have verified and confirmed the validity of the reasons for refusal, we will replace the lost or damaged Product(s), or in the event of unavailability, you will receive a refund within fourteen (14) days.

If no reservations are reported 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 the legal guarantees are invoked.

If you have opted for delivery to a service point and have not picked up your Order within the specified time, your Order will be returned to us. In this 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

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

Under the legal warranty of conformity, you have a period of two (2) years from the delivery of the Product to inform us of any lack of conformity of the ordered Product(s), by sending an email to hello@hello-hossy.com.

Subject to confirmation of acceptance by our services under this warranty, you will receive an email confirming the return.

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

You will then be able to choose between a refund or having the Product brought into conformity (replacement), provided that the latter is possible and does not involve 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 of time, which may not exceed thirty (30) days following the consumer's request.

In the event of a refund, the refund will be made no later than fourteen 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.

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

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

Subject to confirmation of acceptance by our services under this warranty and on condition that you submit the purchase invoice for the Product, we will, at your option, either refund the purchase price 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 on 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 - RIGHT OF WITHDRAWAL - RETURN OF PRODUCTS:

11.1. Exercising the right of withdrawal

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

Within this period, you are required to inform us of your intention to withdraw by visiting the Returns Portal.

You must also return the Product(s) to us, together with the delivery note, in accordance with the terms and conditions specified in Article 11.2 of these General Terms and Conditions of Sale.

In accordance with Article L.221-28 (3) of the French Consumer Code, this right of withdrawal does not apply to Orders for personalized Products. 

11.2. How to return products

In exercising your right of withdrawal, you may return the Product(s) to us within fourteen (14) days from delivery for exchange or refund.

To make a return, you must:

• Send us a request via the Returns Rorm;
• Opt for a refund of your order or opt for the issue of a purchase voucher of a value corresponding to the Product(s) to be returned, to be used anywhere on the Website;
• Return the Product(s) by post, together with the delivery note and your contact details, to the address shown on the Returns Form, following the procedure indicated.

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

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

For returns outside of 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).

In the event of the return of a "limited series" Product, we do not guarantee that we will be able to supply the same Product. In this case, a refund will be prioritized.

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.

11.3. Exchanges and refunds

In accordance with Article L. 221-24 of the French Consumer Code, we undertake to exchange (by issuing an exchange voucher only) or 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.

If you opt for an exchange, we will send you a credit voucher for the amount of the returned Products (valid for 1 year on the Website) by email to the email address you provided upon requesting the return.

ARTICLE 12 - LIABILITIES :

We cannot be held liable for accidental damage of any kind, whether material, immaterial or bodily damage, due to 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 can we be held liable in the event of non-performance or improper performance of this 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, fire, strikes, riots, and internal or external failures or breakdowns that make supply impossible.

The photographs illustrating the Products that appear on the Website are provided for information purposes only and do not constitute a contractual commitment by HELLO HOSSY® guaranteeing a perfect similarity between the product ordered and the product represented, particularly with regard to colors and dimensions. Consequently, we cannot be held liable for any errors in these photographs.

We cannot be held liable for any hypertext links on this Website to other resources on the Internet. We have no technical means of controlling the websites linked to the Website, and you are hereby expressly informed of this. Accordingly, you assume all risks associated with such use, and must comply with the terms of use specific to each website.

Furthermore, you use and browse the Website at your own risk. 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 is personal data.

The information collected is processed by 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, logos, whether registered or not, appearing on the Products, their accessories and their packaging, are and remain our exclusive property.

Consequently, any use by you, 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, drawings, models, logotypes appearing on the Products, their accessories and their packaging, whether registered or not, is strictly prohibited.

In addition, the content and structure of this Website and all the elements of which it is composed, such as texts, images, graphics, photographs, sounds, videos, animations, programs, graphic charters, databases, software and other underlying technology, as well as trademarks, designs, models, logos, etc. found on this Website, as well as their compilation, are our exclusive property and are protected by copyright worldwide.

As such, and in accordance with the provisions of the French Intellectual Property Code, only private use of the Website is authorized.

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 whatsoever is strictly prohibited.

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

In addition, all technical documents and information materials (operating instructions, manufacturing methods, maintenance methods, etc.) supplied to you 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 email at the following address: hello@hello-hossy.com so that we can work together to find an amicable solution to your problem.

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

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

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 also have access to 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 is accessible at the following addresshttp://ec.europa.eu/consumers/odr/.

In the event of failure of this mediation, or refusal to pursue it, you will be entitled to refer the matter to the competent Court, in accordance with Article 17 of these General Terms and Conditions of Sale. 

ARTICLE 16 - APPLICABLE LAW AND CONTRACT LANGUAGE:

These Conditions of Online Sale 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 these General Terms and Conditions of Sale and the Orders arising from them, or more generally any dispute arising from the commercial relationship between the Parties, which has not been amicably resolved, shall be submitted to the competent French courts.
 

Date of last update: July 2024