General Conditions of Sale
BOLA - Abat-jour Biomatériaux 100% Français Abat-jour Hoopzi

General Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE (GTC) 2023 www.Hoopzi.com 

1. Identification of the Hoopzï seller
 2. Application of the general conditions of sale (GCS)
3. Presentation of Products
4. Validity of Hoopzï offers
5. Price
6. Order
7. Payment terms and default of payment
8. Hoopzï competition
9. Hoopzï private sales
10. Preparation, Delivery and Shipping Costs
11. Return of products with satisfaction or your money back
12. Guarantees
13. Environment and recycling contribution
14. Evidence
15. Responsibilities
16. Personal information and cookies
17. Intellectual Property
18. Applicable law and jurisdiction
19. Mediation service

Agreement relating to the provision by the Consumer Mediation Center of Justice Conciliators of a consumer mediation service .

1. IDENTIFICATION OF THE HOOPZÏ SELLER. 

This websitewww.Hoopzi.com (the "Website") is published by the company Bio Déco, a simplified joint stock company (SAS) with capital of 50,000 Euros, whose registered office is located at 13 rue de Sully, 17410 Saint Martin de Ré, registered in the La Rochelle Trade and Companies Register under number 833 188 881, and whose intra-community VAT number is FR 39 833188881. To contact us, please use the "contact us" section. 

  1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE (GTC) 

These general terms and conditions of sale (GTC) are concluded between Hoopzï and any non-commercial natural person and company ("You") wishing to make a purchase on the Hoopzï Website. These General Terms and Conditions exclusively govern your relationship with Hoopzï. Hoopzï reserves the right to modify the General Terms and Conditions at any time. They will then be applicable as soon as they are posted online. 

 

  1. PRODUCT PRESENTATION 

The products governed by these General Conditions are those that appear on the Website and that are indicated as sold and shipped by Hoopzï. They are offered within the limits of available stocks. The essential characteristics of the Products are described and presented with the greatest possible accuracy. However, if omissions or errors may have occurred with regard to this presentation and product description, Hoopzï cannot be held liable. Any Hoopzï customer is invited to inform Hoopzï of any error that they may have noticed in the designation and description of the product presented on the Hoopzï website. For Hoopzï partner products, Hoopzï cannot be held liable for an error in the description and presentation in the characteristics of the "Hoopzï partner product" or for a lack of compliance with CE standards. 

  1. GEOGRAPHICAL VALIDITY OF HOOPZÏ OFFERS AND PRODUCTS 

Hoopzï offers are only available to customers with a delivery address in the European Community and the United Kingdom. All Hoopzï brand products are tested by an independent laboratory in compliance with European safety standards and performance standards applicable in Europe.In the event of an order for delivery outside the EC and UK territory and/or use outside the EC and UK territory, Hoopzï cannot be held liable for any non-compliance with the standards of the country as well as the standards applicable in the country of delivery and use of the product delivered or used outside the European Community (EC). The items visible on the Hoopzï website are available within the limits of available stocks. 

  1. PRICE 

The prices of Hoopzï Products are indicated in Euros, all taxes included. They take into account VAT and any discounts applicable on the day of the order. The prices of the Products are exclusive of delivery costs (shipping, packaging and preparation of the package according to the amounts in force). The amount of the delivery costs will be specified before validation of the order. If one or more taxes or contributions, in particular environmental ones, were to be created or modified, either upwards or downwards, this change may be reflected in the sale price of the Products present on the Hoopzï Website. However, a price cannot be modified once your order has been validated. However, in the event of a pricing error (a price that is clearly derisory compared to the real value of the Product), the validated order may be cancelled by Hoopzï. This measure remains exceptional. For any order delivered outside metropolitan France, the delivery of the products may be subject to possible taxes, different VAT rates, and customs fees that are imposed when the package arrives at its destination. These customs duties, possible taxes and VAT related to the delivery of the order of the product ordered by the customer are the responsibility of the customer. Hoopzï is not required to check and inform of the applicable customs duties and taxes. The customer outside French territory is considered the official importer and is required to comply with all laws and regulations of the country where the product is received. 

  1. ORDER 

Registration and validation of the order You have the option to place your order online from the online store; Once your basket has been validated, you will need to choose the address and delivery method, and validate your payment method, this last step formalizing the sales contract with Hoopzï. If you have already pre-registered your payment card as well as the address and delivery method, you can place your order in a single step. This Hoopzï customer option formalizes your sales contract. Any order constitutes acceptance of the prices and descriptions of the Products available for sale. Hoopzï will acknowledge receipt of your order upon validation by sending you an email in which you will find a link to these General Conditions. In certain cases, in particular for non-payment, incorrect address or any other problem related to your account, Hoopzï reserves the right to block your order until the problem is resolved. In the event of unavailability of a Product ordered, you will be informed by email. The cancellation of the order for this product and its possible reimbursement (only Products available at the time of the order can be subject to a charge, as opposed to deferred products), will then be carried out, the remainder of the order remaining firm and definitive. 

  1. PAYMENT TERMS AND DEFAULT OF PAYMENT 

# Payment method You can pay for your order: 

  • by credit card : Carte Bleue, e-carte bleue, Visa, Mastercard, American Express. 
  • with your PAYPAL account : By choosing payment via PayPal, You will be automatically directed to your PayPal account. Once the PayPal payment is validated, You will be able to complete your order on the Website. 
  • Amazon Pay : By choosing payment via Amazon Pay, you will be automatically directed to your Amazon account. Once the Amazon Pay payment is validated, you will be able to complete your order on the Website. 
  • Apple Pay : By choosing payment via Apple Pay, You will be automatically directed to your ApplePay account. Once the ApplePay payment is validated, You will be able to complete your order on the Website. 

DEFAULT OF PAYMENT 

Hoopzï reserves the right to refuse to make a delivery or to honor an order from a customer who: 

  • Would not have fully or partially settled a previous order. 
  • A customer with whom a payment dispute is currently being administered. 
  • A customer who represents a risk of fraud. Any rejection of payment in 3 times, any rejection of credit card, any case of opposition on credit card and on check or any abusive dispute with paypal, AmazonPay and ApplePay may give rise to a recovery procedure by the company Hoopzï. For any recovery of unpaid debts, the recovery costs will be paid to Hoopzï which will also apply penalties equal to 2 times the legal interest rate set per year on a pro rata temporis basis. 
  1. COMPETITIONS 

Hoopzï occasionally organizes free competitions with no purchase obligations on the Hoopzï.com website and on the Facebook and Instagram community websites, as well as in partnership with partner blogs. All competitions are subject to rules that can be viewed on the Hoopzï website. The competitions organized by Hoopzï are free and can be organized with or without purchase obligations. They are open to all persons registered to participate in the competition and who have read and accepted the rules of the game. Hoopzï reserves the right to cancel a competition and cannot be held responsible for any problem that may occur during the competition operation. 

  1. HOOPZÏ PRIVATE SALE 

Hoopzï organizes on its websitewww.Hoopz ï.com private sales for its Hoopzï customers. The products put on sale as part of these “Hoopzï Private Sales” are accessible to those who meet the following two conditions: 

  • Be a customer at Hoopzï by having opened an account on the site with a valid email address and a password (minimum 1 purchase made). 
  • Have received a personal invitation to the private sale by email. 
  • have registered on the Hoopzï site to receive the Hoopzï Newsletter. 
  1. PREPARATION, DELIVERY AND DELIVERY COSTS. 

# Order preparation

In general, any order placed before 12:00 p.m. (Monday to Friday) is shipped within 24 hours, except in cases of force majeure. 

Orders are prepared in a dedicated warehouse:

AZ Stock for Hoopzi 

Nauron Street 

79180 Chauray

France

 

# Delivery times: 

The products ordered by the customer are delivered within a maximum of 30 days from the order confirmation and payment. 

In the event of a stock shortage of the product ordered, Hoopzi undertakes to inform the customer as soon as possible so that the customer can be reimbursed no later than 14 days from payment of the sums paid. 

Hoopzi cannot be held liable for any consequences or events beyond its control that may delay or prevent delivery of the product ordered on the Hoopzi website.

In the event of non-compliance with the aforementioned deadline of 30 days plus 7 days, the customer may cancel his order by sending a registered letter with acknowledgment of receipt to Hoopzi, 13 rue de Sully, 17410 Saint Martin de Ré - France. The cancellation of the order taken into account by Hoopzi will only be taken into account if the shipment or delivery has not occurred between the sending and receipt of said letter. The customer will be reimbursed at the latest within 14 days following receipt of the registered letter intended for Hoopzi. 

# Choice of carrier

Hoopzi reserves the right to choose the carrier and guarantees the correct delivery of the products.  

# Delivery control

  Hoopzi guarantees the conformity of the product delivered to the characteristics described on the Hoopzi e-commerce site and this for use in accordance with its intended purpose. 

The customer is required to check the condition of the packaging of the delivered product and, if necessary, to express any reservations on the carrier's delivery slip. 

 

    1. RETURN OF PRODUCTS 

    Exercising the right of withdrawal.  You have a right of withdrawal of fourteen (14) calendar days from the date of receipt or withdrawal of your entire order. During this period, you may return undamaged and unused products, without having to provide a reason or pay a penalty. In the event that the product(s) have been received damaged, the "exchange" procedure will apply. All products may be subject to withdrawal, except those excluded by law in Article L221-28 of the Consumer Code, for example Products that have been customized at your request (custom-made electrical cable cutting for example). Returned Products must be intact and complete and must not have been used once. Please note, to facilitate the proper recovery of your order, the latter must be provided with its packaging intact, without holes or torn. To exercise your right of withdrawal, use the withdrawal form attached in the appendix.You must then return the Products to Hoopzï, at the latest within fourteen (14) clear days following your withdrawal, to the following address: 

    • by post to the following address: Stock AZ - Hoopzï - rue du Nauron - 79180 CHAURAY. Hoopzï undertakes to reimburse you for all amounts paid within 14 days of receipt of the Product in its warehouses or upon receipt of proof of return of your package that You will have sent to us at the following address: Stock AZ - Hoopzï - rue du Nauron - 79180 CHAURAY. Hoopzï will reimburse you for the returned Products, subject to compliance with the conditions mentioned above. The reimbursement will be made via the means of payment used when the returned order was placed. Thus, for example, if the order for Products was paid for by: 
    • Carte Bleue, and your Carte Bleue is still valid, the refund will be made to the account attached to this Carte Bleue. 
    • Paypal, and the Paypal account is still active, the refund will be made to that Paypal account. 
    • Amazon Pay and the Amazon Pay account is still active, the refund will be made to that Amazon Pay account. 
    • Apple Pay and the ApplePay account is still active, the refund will be made to that ApplePay account. 

    Refund :  When the right of withdrawal is exercised via our contact form  by clearly indicating your order number, Bio Deco reimburses the consumer for the full amount paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which it is informed of the consumer's decision to withdraw.

    For contracts for the sale of goods, unless the trader offers to collect the goods himself, the trader may withhold reimbursement until the goods have been collected or until the consumer has provided evidence of having sent back the goods, whichever is the earliest.

    The professional makes this reimbursement using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and to the extent that the reimbursement does not incur any costs for the consumer.

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

    Exchange :  You also have the possibility to request an exchange, within fourteen (14) days from receipt of the Product. You can return the Product to be exchanged to Hoopzï by La Poste to the following address: Stock AZ - Hoopzï - rue du Nauron - 79180 CHAURAY 

    Special case of a non-compliant Product:  Hoopzï advises you to check the Product at the time of delivery and in the event that the delivered Product is non-compliant (Product error, defective, damaged or incomplete Product), to make written reservations no later than three (3) days following this delivery, to the carrier and/or Hoopzï. In all cases, the provisions set out in the legal guarantees section will apply. Thus, the delivered non-compliant Product may only be subject, initially, to a replacement or repair.For Products reported as non-compliant within three (3) days of delivery, Hoopzï allows you to exercise your right of withdrawal and obtain reimbursement for the Product in accordance with the provisions of point 11 exercise of the right of withdrawal. 

    1. GUARANTEES 

    Legal Guarantees All Products on sale on the Hoopzï Website benefit from the legal guarantee of conformity (articles L217-1 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code), allowing you to return Products delivered defective or non-compliant. You are informed that the company Hoopzï, whose head office is located at 13 rue de Sully, 17410 Saint Martin - France is the guarantor of the conformity of the Products to the contract within the framework of these two legal guarantees. For France, you have a period of two years from delivery of the Product to act in application of the legal guarantee of conformity. 

    • Article L217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility. 
    • Article L217-5 of the Consumer Code: The good complies with the contract: 
    1. Whether it is suitable for the use usually expected of a similar good and, where applicable: 
    • if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; 
    • if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 
    1. Or if it has the characteristics mutually agreed upon by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. 
    • Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. 
    • Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention. 
    • Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. 
    • Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. 

    In accordance with legal provisions, the warranty does not cover, among other things, defects linked to: 

    • non-compliant installation (e.g. failure to comply with the thresholds for the supply voltage) and/or non-compliant use (e.g. use of products that do not have the “Seawater resistant” marking in a high salinity environment, without having a protection index of 44 or higher), installation of the product in an environment where humidity is higher than average, and/or due to non-regulatory maintenance (e.g. use of inappropriate cleaning products, use of objects with sharp edges), 
    • defects in the product that are the result of normal use or other natural wear and tear, 
    • deliberate modifications to the product (e.g. product modifications/transformations) 

    Hoopzï declines all responsibility in the cases described above, insofar as these defects are not attributable to it. The information that Hoopzï communicates regarding the lifespan of the bulbs are average values. They do not constitute a guarantee in any way. 

    The guarantee of conformity does not apply in the event of modification made to the product, in the event of normal wear and tear of the product, in the event of improper use of the product, in the event of non-compliance with the product maintenance rules, and in the event of damage caused by transport or storage of the product. 

    In the event of sale to a company, the new Hoopzï products that we sell benefit from a warranty reduced to a period of one year, from the day of delivery.  

    1. ENVIRONMENT – RECYCLING CONTRIBUTION 

     

    # Triman or eco packaging 

    The Triman logo comes from a new regulation of the Environmental Code. The logo means that the recyclable product is subject to a sorting instruction. This simply indicates that the product is to be placed in a recycling container. It will be affixed to all consumer products that are collected by eco-organizations and whose "recyclability" is ensured. The Triman can appear on the products or on the packaging, the instructions or any other medium, including dematerialized. 

     

    1. PROOFS 

    In all cases, the online provision of the bank card number and the final validation of the order will constitute proof of the entirety of said order in accordance with Article 1366 of the Civil Code and will constitute the due date of the sums committed by the entry of the Products appearing on the order form. This validation constitutes signature and express acceptance of all operations carried out on the Website. However, in the event of fraudulent use of your bank card, You are invited, as soon as you become aware of this use, to contact Customer Service by writing  your message here: https://hoopzi.com/pages/contactez-nous The computerized records, stored in the computer systems of Hoopzï and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between You and Hoopzï.The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1379 of the Civil Code. 

    1. RESPONSIBILITIES 

    Hoopzï has an obligation of result for all stages of order taking as well as for the stages subsequent to the conclusion of the contract. Thus Hoopzï undertakes to describe with the greatest accuracy the Products sold on the Website. On the other hand, Hoopzï cannot be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law. Similarly, Hoopzï cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a service interruption, an external intrusion or the presence of computer viruses. 

    1. PERSONAL INFORMATION AND COOKIES 

    When you place your order, the personal data collected will be subject to computer processing. You are invited to refer to the "data policy" tab of the website to obtain all the information relating to this point. 

    1. INTELLECTUAL PROPERTY 

    The use of this web service is reserved for strictly personal use. All brands, texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Hoopzï site are protected under copyright, trademark law, patent law and image rights. They are the full and entire property of Hoopzï or its partners. Any reproduction or representation, in whole or in part, constitutes an infringement that may incur the civil and criminal liability of its author. The fact of affixing a hyperlink to the Hoopzï site, using the technique known as framing or deep linking, is strictly prohibited. Any total or partial reproduction of the Hoopzï catalog is strictly prohibited. 

    1. APPLICABLE LAW AND JURISDICTION 

    The General Conditions are subject to French law. The competent court in the event of a dispute will be that of the place of domicile of the defendant or, at the plaintiff's choice, the place of actual delivery of the Product. The Website complies with French law, and in no case does Hoopzï give any guarantee of compliance with the local legislation that would be applicable to you, when you access the Website from other countries.  

    19. MEDIATION SERVICE

    In accordance with Article L. 612-1 of the Consumer Code, the Customer has the possibility of  use the CM2C mediation service free of charge, including HOOPZI  raises, either by filing his complaint on the CM2C Mediation website, at the following link: www.cmec.net , either by way  postal by writing to CM2C - 49 rue de Ponthieu - 75008 Paris - Telephone:  +33 1.89.47.00.14