1. Preliminary mentions
a) Legal notices
To satisfy the provisions of the law for confidence in the digital economy of June 21, 2004, the legal notices required to allow the identification of the publisher of this website will be set out below.
This site is published by the company MHAYCE AND CO, SARL with a capital of 2000 €, registered with the Paris Trade and Companies Register under number 53749286000037, and whose head office is located at 70 Avenue Victor Hugo, 93300 Aubervilliers . The publisher can be reached by phone at 06.46.75.30.77 or by email at the following address: firstname.lastname@example.org
The editor is MHAYCE AND CO.
This site is hosted by the company OVH, whose head office is located at 2 rue Kellermann 59100 Roubaix, which can be reached by telephone at the following number: 1007.
This website was created using the Shopify solution.
This site is open and free to all Internet users. It consists of an online product sales site.
c) Acceptance of the general conditions of sale
The subscription to a contract governed by these general conditions with the publisher of this site implies the acceptance, by the user, of the said general conditions of sale. The user recognizes the same fact to have taken full knowledge of it. This acceptance will consist in the fact, for the user, of validating the present general conditions.
The user recognizes the value of proof of the automatic registration systems of the publisher of this site and, except for him to bring proof to the contrary, he renounces to contest them in the event of a dispute.
The acceptance of these general conditions supposes on the part of the users that they enjoy the legal capacity necessary for this, or failing that they have the authorization of a tutor or curator if they are incapable , of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal person.
2. Method of subscribing to orders and purchasing process
The products are sold within the limits of available stocks. The availability of products is indicated on the site, in the description of each item.
In order to satisfy the provisions of the law of confidence in the digital economy of June 21, 2004, the ordering process will be described below:
In order to place an order, the user can select one or more products and add them to his basket. When his order is complete, he can access his basket by clicking on the button provided for this purpose. By consulting his basket, the user will be able to check the number as well as the nature of the products he has chosen and will be able to check their unit price as well as the overall price of the order. He will be able to remove one or more products from their basket. On this summary will be indicated to the user in particular the option he has or not to exercise his right of withdrawal as well as the deadlines and methods which apply thereto.
If his order suits him and he wishes to validate it, the user can click on the validation button, he will then access a form in which he can either enter his login if he already has one, or s register on the site by completing the form presented to him, with the personal information concerning him.
As soon as he is connected or after he has fully completed the form, the user will be invited to check or modify his delivery and invoicing details, to read and validate these conditions, to confirm his order and then will be invited to make his payment by being redirected for this purpose to the secure payment interface.
Once the payment has actually been received by the publisher of the site, the latter undertakes to acknowledge receipt to the user electronically, within a maximum of 24 hours.
Similarly and within the same deadlines, the publisher undertakes to send the user an e-mail summarizing the order in order to confirm its processing and to provide him with all the information relating to the order.
3. Product prices, taxes and delivery costs
The prices indicated on the site are understood to be in Euros, all taxes included, and excluding delivery costs. Prices are firm, without discount, rebate or rebate. These prices may be modified at any time by the publisher. The price applicable to the customer is that in force at the time of the order.
The delivery costs will, in any case, be indicated to the customer before any payment.
In the event of delivery outside the European Union and to Dom-Tom, the user is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of said duties and taxes are not the responsibility of the publisher and will in any case be the responsibility of the user. It is therefore incumbent on the latter to check all this data as well as the possibilities of importing the product with the competent authorities of the country of delivery, before any order on the site.
THE PRODUCTS SOLD REMAIN THE PROPERTY OF THE PUBLISHER UNTIL FULL PAYMENT OF THEIR PRICE, IN ACCORDANCE WITH THIS RETENTION OF OWNERSHIP CLAUSE. THE RISKS ARE TRANSFERRED TO THE CUSTOMER FROM THE DELIVERY OF THE PRODUCTS.
4. Payment Information
The Internet user can place an order on this site and can pay by credit card, paypal.
Credit card payments are made through secure transactions provided by the service provider: Stripe.
In the context of credit card payments, the publisher of this site has no access to any data relating to the customer's means of payment.
The delivery times defined in the article below only begin to run from the date of effective receipt of payment by the seller, the latter being able to provide proof of this by any means. Failing to receive payment from the customer within eight days of the order, the order will be canceled and the products put back on sale on the site.
Failure to pay any sum due to the publisher on its due date will give rise to the collection of penalties equal to (3) three times the legal interest rate, to which will be added a lump sum indemnity of 40 euros for recovery costs. . These penalties will be due from the day after the due date of the unpaid sums, without prior notice.
5. Delivery or provision
Orders are delivered by Laposte, or any carrier designated by the publisher within 5 working days of full receipt of the price corresponding to the order.
Certain products or certain order volumes may nevertheless justify a longer delivery time, this will be expressly mentioned to the user when validating the order.
b) Damage and partial loss
In the event of delivery of a package that is manifestly and visibly damaged, incomplete or containing damaged objects, it is up to the customer to refuse it in order to benefit from the guarantee offered by the carrier. The user must also inform the publisher without delay, so that a new package is prepared for him, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.
Similarly, the user must refuse any incomplete package or containing damaged items. Indeed, in accordance with Article L 133-3 of the Commercial Code, receipt of the items transported extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, following that of this receipt, the recipient has not notified the carrier, by registered letter, of his reasoned protest. Failing to carry out this formality, the user cannot be compensated.
In case of loss during the delivery of a parcel by Laposte, or any carrier designated by the publisher, the responsibility of Holly And Joey cannot be engaged, if the company has respected all its commitments concerning the expedition. Once the parcel has been deposited with the carrier, it is the responsibility of the latter.
6. Customer service and right of withdrawal
a) Customer Service
The customer service of this site is accessible from Monday to Friday from 10 a.m. to 6 p.m. at the following non-surcharged telephone number: 09-52-60-10-81 or 01.44.02.15.43, by e-mail at the following address contact @hollyandjoey.fr or by post to the following address: MHAYCE AND CO, 70 avenue victor hugo, 93300 Aubervilliers. In these last two cases, the publisher undertakes to provide an answer within two working days.
b) Right of withdrawal
The consumer has the right to withdraw from this contract without giving any reason within fourteen days (14 days). The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the good or the last good.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (eg letter sent by post, fax or e-mail). In order to facilitate your steps, you can use the model withdrawal form but this is not mandatory.
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
c) Effects of withdrawal
In the event of a refund request, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a method of delivery other than the less expensive method of standard delivery offered) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw. We will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means. We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever date is first.
You must return or return the goods without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw to us. This period is deemed to have been complied with if you return the goods before the expiry of the period of fourteen days.
You will have to bear the direct costs of returning the goods. The cost of returning the item when it, due to its nature, cannot normally be returned by La Poste will be indicated by the publisher prior to the conclusion of the contract.
Your liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.
d) Return costs
The return costs in the event of an exchange are the responsibility of the customer , and you are free to choose the type of shipment.
The return costs in the event of a refund request are the responsibility of the customer , and you are free to choose the type of shipment.
Return costs in the event of non-satisfaction with the product(s) are the responsibility of the customer , and you are free to choose the type of shipment.
Return costs will be refunded in the following cases:
- The product received has a defect or faulty workmanship
-The product received does not correspond to the product ordered
In all other cases, returns are the responsibility of the customer.
Regarding refunds, we will reimburse you without any additional action on your part (under conditions: products returned new, unworn), within 5 days of the returned product being returned to stock.
To benefit from a return voucher, please send us an email, indicating the reasons for your return.
We will check if you are still within 14 days (from the date of receipt of the package).
If this is the case, you will receive a confirmation email, and all you have to do is return the package to : Holly and Joey - 70 avenue Victor Hugo, 93300 Aubervilliers - Fashion Center - LOT 85
Regarding returns of "Error" products, please contact the following address: email@example.com; we will generate a return form for you to print and then stick on the package in question.
Products sold in outlet, i.e. with very strong reductions, are neither taken back nor exchanged.
The customer is notified of this, during the purchase and cannot turn against the company Holly And Joey.
7. Guarantee of products purchased on this site
In the event of a defect in a product purchased on this site, the user has, in accordance with the provisions of articles 1641 and following of the civil code in terms of the legal guarantee against hidden defects, a period of two years from the observation of the said defect to request resolution of the sale or a reduction in the sale price (article 1644 of the civil code) and, in application of articles L211-4 and following of the consumer code, in the event that the goods delivered do not is not compliant, the consumer will have a period of two years from receipt of said product to request repair or replacement subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code . The consumer is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
In order to exercise one of these rights, it will be up to the customer to approach the customer service of the publisher.
Certain objects acquired on this site benefit, in addition to the guarantee against hidden defects defined by the civil code as well as the guarantee of good conformity imposed by article L211-5 of the consumer code which are, where applicable, always applicable and which are defined above, of a conventional guarantee offered by the seller or the manufacturer, the duration of which may vary according to the product, and which will be detailed in particular on the descriptive sheet and the instructions for use of the product. Any commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
8. Provisions specific to the nature of certain products
All products sold on this site are marketed in compliance with the laws and regulations in force in France. The mandatory displays required by the legislative and regulatory provisions in force are made on this site, and in particular in the descriptive sheet of each article.
9. User area
The creation of a user account is a prerequisite for any order from a user. To this end, the user will be asked to provide a certain amount of personal information. The user agrees to provide accurate information under penalty of termination of the contract at the initiative of the publisher and deletion of the user account.
Certain information will be deemed essential for the conclusion of the contract and their collection will be essential for the creation of the account and the validation of the conclusion of the contract. The refusal by a user to provide said information will have the effect of preventing the creation of the user account as well as, incidentally, the validation of the order.
This space allows the user to consult all his orders made on the site, and also allows him, if necessary, to follow the delivery of the products purchased.
If the data contained in the user account were to disappear following a fortuitous event, a technical breakdown or a case of force majeure, the responsibility of the publisher of this site could not be engaged, this information having no probative value but only an informative character. However, the publisher undertakes to securely store all contractual elements whose storage is required by law or the regulations in force.
The publisher reserves the exclusive right to delete the account of any user who has contravened these general conditions (in particular, but without this example having any exhaustive character, when the user has knowingly provided erroneous information, when its registration and the creation of its account) or any account that has been inactive for at least one year. Said deletion will not be likely to constitute damage for the excluded user who will not be able to claim any compensation as a result.
This exclusion does not exclude the possibility for the publisher to take legal action against the user, when the facts justify it.
When creating the user account, the user will be prompted to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in his account and he therefore refrains from transmitting it or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.
d) Credit notes and vouchers
All credit notes or vouchers offered or allocated to our customers, whether by commercial gesture or simply as a gift, are only intended for use on our e-shop and will in no case be reimbursed in monetary value.
10. Disclaimer of Publisher's Liability
a) Accessibility to the site and force majeure
In the event of impossibility of access to the site, due to technical problems or of any nature, the user cannot claim damages and cannot claim any compensation.
The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute a prejudice for the user and cannot in any way give rise to the granting of damages from the site. or its publisher.
The publisher can in no way be held responsible for the non-performance of the contract which may be attributable to a case of force majeure, within the meaning given to it by the courts of French law.
b) Visual representation of the products
The visual representations of the products, published on this site, are guaranteed by the editor as perfectly faithful to reality, in order to satisfy its obligation of perfect information. However, in the current state of the art, the rendering of these representations, particularly in terms of color or shape, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences can in no way be attributed to the publisher who can in no way be held liable for this fact.
c) Products sold on the site
The publisher undertakes to comply with all the applicable provisions in force in France and cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in other countries.
The publisher of this site can in no way be held responsible for the misuse of the products, the poor maintenance of the products, accidental damage or even misuse of the products.
The products offered for sale on the site being sold uninstalled, the user declares to be responsible for the installation of the products, which he must carry out according to the rules of the art and in accordance with the instructions for use.
11. Visitor Contribution and Product Ratings
The user is offered the option of posting comments on the products offered by this site. He will also have, if necessary, the ability to assign a rating to the product.
Comments must be made in French. The content of the comments and contributions must be strictly in accordance with public order and good morals and not have as their object an illicit or illegal activity. The user also undertakes to respect the rights of third parties.
The publisher of this site retains the right to delete or modify any message that may contravene this article without notice or compensation.
12. Newsletter from the publisher and its partners
By ticking the box provided for this purpose or by expressly giving their consent to this end, the user accepts that the publisher may send them, at a frequency and in a form that he will determine, a newsletter (newsletter ) which may contain information relating to its activity. When the user ticks the box provided for this purpose, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered.
Subscribed users will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
Similarly, the user who has accepted the communication of personal data (and in particular his e-mail address) to third party partners of this site by checking the box provided for this purpose, may be required to receive newsletters (letters of information) issued by these partners, commercially or not, at the frequencies and in the forms determined by the said partners.
The user has the option at any time to unsubscribe by clicking on the link provided for this purpose, present on each of the newsletters (newsletters) issued by said partners. Failing this, the user has the option of unsubscribing by directly contacting the issuer(s) of the said newsletters (newsletters). The publisher of this website can in no way be held responsible for the content, data or forms of the newsletters (newsletters) sent by the said partners, regardless of the damage that may have been suffered by the user. Any complaint must be made directly to the issuer of the newsletter (newsletter).
13. Information relating to the Data Protection Act
a) General – Purpose – Duration
The user has the free option to provide personal information about him. The provision of personal information is not essential for navigation on the site. On the other hand, registration on this site implies the collection, by the publisher, of a certain amount of personal information concerning the user. The user who does not wish to provide the information necessary to create a user account will not be able to place an order on this site.
The data collected is necessary for the proper administration of the services offered on this site as well as for the respect of its contractual obligations by the publisher. These data are kept by the publisher in this sole capacity, and the publisher undertakes not to use them in any other context, nor to transmit them to third parties, except with the express consent of the users or in cases provided for by law.
The contact details of all users registered on this site are saved for a maximum period of 12 months from the deletion of the personal space, a reasonable period necessary for the proper administration of the site and normal use of the data. These data are kept under secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978.
b) Right of access, rectification and opposition
In accordance with the Data Protection Act, the user has the right to oppose, query, access and rectify the data he has provided. To do this, he simply has to make a request to the publisher of this site, by sending it to the following email address: firstname.lastname@example.org, or by post to the address of the headquarters of the publisher mentioned at the beginning of these general conditions.
The personal data collected is subject to computer processing and is exclusively reserved for the site editor.
c) IP address
In addition, the publisher reserves the right to collect the public Internet Protocol (IP) address of any user. The collection of this IP address will be carried out anonymously, it will be kept for the same duration as the personal information and will only be intended to allow the proper administration of the services offered on this site. The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer on the Internet network.
The publisher must communicate all personal data relating to a user to the Police (on judicial requisition) or to any person (on a judge's order). The IP address of any computer may be reconciled with the effective identity of the subscriber held by the ISP (internet service providers).
14. Notices relating to the collection of “cookies”
a) General – Purpose – Duration
In order to allow the user an optimal navigation on this site as well as a better functioning of the various interfaces and applications, the publisher may proceed to the implementation of a cookie on his computer station. This cookie makes it possible to store information relating to navigation on the site (date, page, times), as well as any data entered by the user during his visit (searches, login, email, password). These cookies are intended to be kept on the user's computer for a variable period of up to 12 months, and may be read and used by the publisher during a subsequent visit by the user to this site. .
b) Right to oppose the installation of the cookie
The user has the possibility of blocking, modifying the retention period, or deleting this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the user's browser prevents him from using certain services or functionalities provided by the publisher, this malfunction can in no way constitute damage for the user who will not be able to claim any compensation. for this reason.
c) Deletion of cookies
The user also has the possibility of deleting the cookies previously present on his computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action has no impact on his navigation on this site, but causes the user to lose all the benefit provided by the cookie. In this case, he will have to enter all the information concerning him again.
15. Intellectual property on the elements of the site
All the elements constituting this site belong to the publisher or are the subject of an authorization of exploitation and are protected by the legislation relating to the intellectual property.
The user therefore acknowledges that, in the absence of authorization, any total or partial copy and any distribution or use of one or more of these elements, even modified, will be likely to give rise to legal proceedings against him. by the publisher or his successors in title.
This protection will cover all the textual and graphic content of the site, but also its structure, its name and its graphic charter.
Similarly, the user acknowledges having been informed that the matrix of these general conditions has been filed with a bailiff and that any reproduction, even partial, of this document may be the subject of legal proceedings for economic parasitism.
16. General provisions and applicable law
a) Modification of the general conditions
These general conditions may be modified at any time by the site editor or his agent. The general conditions applicable to the user are those in force on the day of his order. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them.
b) Applicable law and competent courts
These general conditions are subject to the application of French law and the exclusive jurisdiction of the French courts. The language of the contract is French, any version available in a foreign language on the site has only informative value. Similarly, this site may be translated into various languages in order to facilitate navigation for non-French-speaking users who wish to order on the site.
IN THE EVENT OF A DISPUTE WITH A CUSTOMER HAVING THE QUALITY OF MERCHANT, IN THE MEANING GIVEN TO IT BY JURISDICTIONS UNDER FRENCH LAW, EXCLUSIVE JURISDICTION IS ATTRIBUTED TO THE COURTS IN WHICH THE PUBLISHER IS ESTABLISHED.
c) Amicable settlement of disputes
Except for provisions of public order, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the assessment of the site editor with a view to an amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits open for bringing legal action.
If one of the clauses of these general terms and conditions were to be declared null by a court decision, this nullity could not entail the nullity of all the other clauses, which would continue to produce their effect.
e) No Waiver
The fact, for the parties, of not availing themselves temporarily or permanently of one or more clauses of these general conditions, will in no case entail a waiver of the right to avail themselves of the rest of the general conditions.
If a consumer wishes to cancel his order, he can use the form below.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of MHAYCE AND CO Holly And Joey, 70 avenue victor Hugo, 93300 Aubervilliers (site offices). Reachable on 09-52-60-10-81 or 01-44-02-15-43 or by e-mail at the following address: email@example.com
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:
∗ Ordered on (*)/received on (*): ...................................... ..................
∗ Name of consumer(s): ........................................ ..................
∗ Address of the consumer(s): ........................................ ....................
Signature of the consumer(s) (only in the event of notification of this form on paper): ....
∗ Date : ................................................ ..........
(*) Strike out the useless mention.