Terms & Conditions

HOOPZI Terms and Conditions of Sale

1. IDENTIFICATION OF THE HOOPZI SELLER

The website www.hoopzi.com (the “Website”) is published by Bio Déco, a French simplified joint-stock company (SAS) with share capital of €50,000, whose registered office is located at 13 rue de Sully, 17410 Saint-Martin-de-Ré, France, registered with the La Rochelle Trade and Companies Register under number 833 188 881 and with intra-Community VAT number FR 39 833188881.

To contact us, please use the “Contact” section of the Website.

2. APPLICATION OF THE TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale are entered into between HOOPZI and any individual who is not acting as a trader or business (“you”) and who wishes to make a purchase on the HOOPZI Website.

These Terms and Conditions of Sale exclusively govern your relationship with HOOPZI.

HOOPZI reserves the right to amend these Terms and Conditions of Sale at any time. Any amendments will apply from the date on which they are published online.

3. PRODUCT PRESENTATION

The products governed by these Terms and Conditions of Sale are those listed on the Website and indicated as being sold and shipped by HOOPZI.

They are offered subject to availability.

The essential characteristics of the products are described and presented as accurately as possible. However, HOOPZI cannot be held liable for any omissions or errors relating to the presentation or description of the products.

HOOPZI customers are invited to inform HOOPZI of any error they may identify in the name or description of a product presented on the HOOPZI Website.

For HOOPZI partner products, HOOPZI cannot be held liable for any error in the description or presentation of the characteristics of a “HOOPZI Partner Product”, nor for any failure to comply with CE standards.

4. GEOGRAPHICAL VALIDITY OF HOOPZI OFFERS AND PRODUCTS

HOOPZI offers are intended for customers with a delivery address, excluding customers residing in the USA, Canada and Australia.

All electrical products sold under the HOOPZI brand are tested by an independent laboratory for compliance with European safety and performance standards.

For orders delivered outside the European Union and the United Kingdom and/or products intended to be used outside the European Union and the United Kingdom, HOOPZI accepts no liability for non-compliance with the standards or regulations applicable in the country in which the product is delivered or used outside the European Community (EC).

Items displayed on the HOOPZI Website are available while stocks last.

5. PRICES

Prices for HOOPZI products are stated in euros or the relevant local currency, inclusive of all taxes.

They include VAT and any discounts applicable on the date of the order.

Product prices do not include delivery charges (postage, packaging and preparation of the parcel in accordance with the applicable rates). Delivery charges are displayed before the order is confirmed.

If one or more taxes or contributions, particularly environmental taxes, are introduced or amended, whether increased or reduced, the corresponding change may be reflected in the selling price of products offered on the HOOPZI Website.

However, a price may no longer be changed once your order has been confirmed.

In the event of a pricing error where the price is manifestly too low in relation to the actual value of the product, HOOPZI may cancel the confirmed order. This measure will remain exceptional.

For orders delivered outside mainland France, delivery of the products may be subject to taxes, different VAT rates and customs duties payable when the parcel reaches its destination.

Any customs duties, taxes and VAT associated with delivery of the product ordered by the customer are the responsibility of the customer.

HOOPZI is not required to verify or provide information about applicable customs duties and taxes.

Customers located outside France are considered the official importer and are responsible for complying with all laws and regulations applicable in the country in which the product is received.

6. ORDERS

Placing and confirming an order

You may place your order online through the online store.

Once your basket has been confirmed, you must select the delivery address and delivery method and confirm your payment method. This final step formalises the sales contract between you and HOOPZI.

If you have already saved your payment card, delivery address and delivery method, you may be able to place your order in a single step. Use of this HOOPZI customer option formalises your sales contract.

Every order constitutes acceptance of the prices and descriptions of the products offered for sale.

HOOPZI will confirm receipt of your order by email once the order has been confirmed. This email will include, in particular, a link to these Terms and Conditions of Sale.

In certain circumstances, particularly in the event of non-payment, an incorrect address or any other issue relating to your account, HOOPZI reserves the right to suspend your order until the issue has been resolved.

If an ordered product is unavailable, you will be informed by email.

The order for the unavailable product will then be cancelled and, where applicable, refunded. Only products available at the time of the order may be charged, unlike deferred products. The remainder of the order will remain firm and final.

7. PAYMENT METHODS AND PAYMENT DEFAULT

Payment methods

You can pay for your order:

  • by credit or debit card: Carte Bleue, E-Card Bleue, Visa, Mastercard or American Express;

  • using your PayPal account: if you choose PayPal, you will automatically be redirected to your PayPal account. Once the PayPal payment has been confirmed, you can complete your order on the Website;

  • using Amazon Pay: if you choose Amazon Pay, you will automatically be redirected to your Amazon account. Once the Amazon Pay payment has been confirmed, you can complete your order on the Website;

  • using Apple Pay: if you choose Apple Pay, you will automatically be redirected to your Apple Pay account. Once the Apple Pay payment has been confirmed, you can complete your order on the Website.

Payment default

HOOPZI reserves the right to refuse to make a delivery or fulfil an order placed by a customer who:

  • has failed to pay all or part of a previous order;

  • is involved in an ongoing payment dispute with HOOPZI;

  • presents a risk of fraud.

Any refusal of a payment in three instalments, rejection of a payment card, objection relating to a payment card or cheque, or abusive dispute involving PayPal, Amazon Pay or Apple Pay may result in debt recovery proceedings being initiated by HOOPZI.

For the recovery of any unpaid amount, the customer will be liable for the associated recovery costs. HOOPZI may also apply penalties equal to twice the statutory annual interest rate, calculated pro rata temporis.

8. COMPETITIONS

HOOPZI may occasionally organise free competitions with no purchase necessary on the HOOPZI.com Website, on Facebook and Instagram, and in partnership with partner blogs.

Each competition is governed by specific rules that can be consulted on the HOOPZI Website.

Competitions organised by HOOPZI are free and may be organised with or without a purchase requirement.

They are open to anyone who has registered to participate in the competition and has read and accepted the applicable rules.

HOOPZI reserves the right to cancel a competition and cannot be held liable for any problems that may occur during the competition period.

9. HOOPZI PRIVATE SALES

HOOPZI organises private sales for HOOPZI customers on its Website, www.hoopzi.com.

Products offered as part of “HOOPZI Private Sales” are available to customers who meet the following conditions:

  • be a HOOPZI customer with an account on the Website using a valid email address and password and have made at least one purchase;

  • have received a personal invitation to the private sale by email;

  • have registered on the HOOPZI Website to receive the HOOPZI newsletter.

10. ORDER PREPARATION, DELIVERY AND DELIVERY CHARGES

Order preparation

As a general rule, orders received before 12 noon from Monday to Friday are dispatched within 24 hours, except in cases of force majeure.

Orders are prepared in a dedicated warehouse:

AZ Warehouse for HOOPZI
Rue du Nauron
79180 Chauray
France

Delivery times

Products ordered by the customer will be delivered within a maximum of 30 days from confirmation of the order and payment of the purchase price.

If the ordered product is no longer in stock, HOOPZI undertakes to inform the customer as soon as possible so that any sums paid can be refunded within a maximum of 14 days.

HOOPZI cannot be held liable for consequences or events beyond its control that delay or prevent delivery of a product ordered on the HOOPZI Website.

If the stated period of 30 days plus 7 days is not respected, the customer may cancel the order by sending a registered letter with acknowledgement of receipt to:

HOOPZI
13 rue de Sully
17410 Saint-Martin-de-Ré
France

The cancellation will only take effect if dispatch or delivery has not taken place between the date on which the letter is sent and the date on which it is received.

The customer will be refunded no later than 14 days after HOOPZI receives the registered letter.

Choice of carrier

HOOPZI reserves the right to choose the carrier and guarantees the proper dispatch of the products.

Checking the delivery

HOOPZI guarantees that the delivered product corresponds to the characteristics described on the HOOPZI e-commerce Website and is suitable for its intended use.

The customer is required to check the condition of the packaging of the delivered product and, where appropriate, note any reservations on the carrier’s delivery note.

11. RETURNS

Exercising the right of withdrawal

You have a right of withdrawal for fourteen (14) calendar days from the date on which you receive or collect your complete order.

Within this period, you may return undamaged and unused products without having to provide a reason or pay a penalty.

If products are received damaged, the exchange procedure will apply.

All products may be returned except products excluded from the right of withdrawal under Article L221-28 of the French Consumer Code, such as products customised at your request, for example an electrical cable cut to a bespoke length.

Returned products must be undamaged and complete and must not have been used.

To facilitate the return of your order, the packaging should be intact and free from holes or tears.

To exercise your right of withdrawal, please use the attached withdrawal form.

You must then return the products to HOOPZI no later than fourteen (14) full days after notifying us of your withdrawal, at the following address:

Stock AZ – HOOPZI
Rue du Nauron
79180 CHAURAY
France

HOOPZI undertakes to refund the total amount paid within 14 days of receiving the product at its warehouse or receiving proof that the parcel has been returned.

HOOPZI will refund the returned products provided that the above conditions have been met.

The refund will be made using the payment method used for the returned order. For example:

  • if the order was paid for using Carte Bleue and the card is still valid, the refund will be credited to the account linked to that card;

  • if the order was paid for using PayPal and the PayPal account is still active, the refund will be made to that PayPal account;

  • if the order was paid for using Amazon Pay and the Amazon Pay account is still active, the refund will be made to that Amazon Pay account;

  • if the order was paid for using Apple Pay and the Apple Pay account is still active, the refund will be made to that Apple Pay account.

Refunds

Where the right of withdrawal is exercised using our contact form, with the order number clearly stated, Bio Déco will refund the consumer all sums paid, including delivery costs, without undue delay and no later than fourteen days from the date on which it is informed of the consumer’s decision to withdraw from the contract.

For contracts involving the sale of goods, unless the trader offers to collect the goods itself, the trader may withhold the refund until it has received the goods back or until the consumer provides evidence that the goods have been sent back, whichever occurs first.

The refund will be made using the same payment method used by the consumer for the original transaction, unless the consumer has expressly agreed to another method, provided that the refund does not incur any costs for the consumer.

The trader is not required to reimburse additional costs where the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the trader.

Exchanges

You may also request an exchange within fourteen (14) days of receiving the product.

The product to be exchanged may be returned to HOOPZI by post at the following address:

Stock AZ – HOOPZI
Rue du Nauron
79180 CHAURAY
France

Special case: non-conforming products

HOOPZI recommends checking the product upon delivery.

If the delivered product is non-conforming, for example, if there is a product error or the product is defective, damaged or incomplete, you should notify the carrier and/or HOOPZI in writing no later than three (3) days after delivery.

In all cases, the provisions set out under the section “Legal Guarantees” will apply.

A delivered product that is non-conforming may initially be subject only to replacement or repair.

For products reported as non-conforming within three (3) days of delivery, HOOPZI allows you to exercise your right of withdrawal and obtain a refund for the product in accordance with the provisions of Section 11 relating to the exercise of the right of withdrawal.

12. GUARANTEES

Legal guarantees

All products sold on the HOOPZI Website are covered by the legal guarantee of conformity provided for in Articles L217-1 et seq. of the French Consumer Code and by the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code. These guarantees allow you to return products that have been delivered defective or non-conforming.

You are informed that HOOPZI, whose registered office is located at 13 rue de Sully, 17410 Saint-Martin-de-Ré, France, is responsible for the conformity of the products under these two legal guarantees.

In France, you have a period of two years from delivery of the product in which to invoke the legal guarantee of conformity.

Article L217-4 of the French Consumer Code:
The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation where installation was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.

Article L217-5 of the French Consumer Code:
Goods conform to the contract:

  1. where they are suitable for the use normally expected of similar goods and, where applicable:

    • correspond to the description provided by the seller and possess the qualities presented to the buyer in the form of a sample or model;

    • possess the qualities that a buyer may legitimately expect in view of public statements made by the seller, producer or representative, particularly in advertising or labelling;

  2. or where they possess the characteristics agreed by mutual consent between the parties or are suitable for any specific purpose sought by the buyer, made known to the seller and accepted by the seller.

Article L217-12 of the French Consumer Code:
Any action resulting from a lack of conformity is time-barred two years after delivery of the goods.

Article L217-16 of the French Consumer Code:
Where, during the period of a commercial guarantee granted to the buyer at the time of purchase or repair of movable property, the buyer requests from the seller a repair covered by the guarantee, any period during which the product is out of use for at least seven days will be added to the remaining guarantee period.

This period begins on the date on which the buyer requests intervention or makes the relevant product available for repair, where the product is made available after the request for intervention.

Article 1641 of the French Civil Code:
The seller is bound by the guarantee against hidden defects in the item sold that render it unfit for its intended use or reduce that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had they been aware of the defects.

Article 1648, paragraph 1 of the French Civil Code:
Any action resulting from hidden defects must be brought by the buyer within two years of discovering the defect.

In accordance with applicable legal provisions, the guarantee does not apply, in particular, to defects associated with:

  • installation that does not comply with applicable standards, for example failure to comply with supply-voltage thresholds, and/or use that does not comply with applicable requirements, for example using products not marked as “seawater resistant” in an environment with a high salt content without a protection rating of 44 or higher; installation of the product in an environment with above-average humidity; and/or improper maintenance, for example the use of unsuitable cleaning products or sharp-edged objects;

  • defects affecting the product as a result of normal use or other natural wear and tear;

  • intentional modifications to the product, for example alterations or modifications to the product.

HOOPZI accepts no liability in the circumstances described above unless the relevant defects are attributable to HOOPZI.

Information provided by HOOPZI regarding the lifespan of bulbs represents average values only and does not constitute a guarantee.

The conformity guarantee does not apply in the event of modifications to the product, normal wear and tear, improper use, failure to comply with product maintenance instructions or damage caused by transport or storage of the product.

For sales to a business, new HOOPZI products sold by us are covered by a reduced guarantee period of one year from the date of delivery.

13. ENVIRONMENT – RECYCLING CONTRIBUTION

Triman or eco-packaging

The Triman logo results from regulations introduced under the French Environmental Code.

The logo indicates that a recyclable product is subject to sorting instructions. It indicates that the product should be placed in an appropriate recycling stream.

It is intended to appear on consumer goods collected by eco-organisations and for which recyclability is ensured.

The Triman logo may appear on the product, packaging, instructions or any other medium, including in electronic form.

14. EVIDENCE

In all cases, the online submission of the payment card number and final confirmation of the order constitute evidence of the completeness of the order in accordance with Article 1366 of the French Civil Code and establish that the sums corresponding to the products listed on the order form are due.

This confirmation constitutes a signature and express acceptance of all transactions carried out on the Website.

In the event of fraudulent use of your payment card, you are asked to contact customer service as soon as you become aware of such use via our contact form.

Electronic records stored in the IT systems of HOOPZI and its partners under appropriate security conditions will be considered evidence of communications, orders and payments between you and HOOPZI.

Order forms and invoices are archived on a reliable and durable medium so that they constitute a true and lasting copy in accordance with Article 1379 of the French Civil Code.

15. LIABILITY

HOOPZI is subject to an obligation to achieve the expected result in relation to the various stages of accepting an order and the stages following conclusion of the contract.

HOOPZI therefore undertakes to describe the products sold on the Website as accurately as possible.

However, HOOPZI cannot be held liable where failure to fulfil its obligations results either from the unforeseeable and unavoidable act of a third party or from a case of force majeure as defined by French case law.

Likewise, HOOPZI cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including interruption of service, external intrusion or the presence of computer viruses.

16. PERSONAL DATA AND COOKIES

Personal data collected when you place an order is processed electronically.

Please refer to the Website’s “Data Policy” section for full information on this subject.

17. INTELLECTUAL PROPERTY

Use of this Website is strictly for personal purposes.

All trademarks, texts, comments, works, illustrations and images, whether visual or audio, reproduced on the HOOPZI Website are protected by copyright, trademark law, patent law and image rights.

They are the full and exclusive property of HOOPZI or its partners.

Any reproduction or representation, in whole or in part, constitutes an infringement for which the person responsible may incur civil and criminal liability.

The creation of a hyperlink to the HOOPZI Website using so-called framing or deep-linking techniques is strictly prohibited.

Any complete or partial reproduction of the HOOPZI catalogue is strictly prohibited.

18. GOVERNING LAW AND JURISDICTION

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

In the event of a dispute, the competent court will be the court of the defendant’s place of residence or, at the claimant’s choice, the court of the place where the product was actually delivered.

The Website complies with French law. HOOPZI does not guarantee compliance with any local laws that may apply to you when accessing the Website from other countries.

19. MEDIATION SERVICE

In accordance with Article L. 612-1 of the French Consumer Code, the customer may use the CM2C mediation service free of charge.

The customer may submit a complaint through the CM2C Mediation website at the following address: www.cmec.net, or by post to:

CM2C
49 rue de Ponthieu
75008 Paris
France

Telephone: +33 1 89 47 00 14