TERMS OF SALES
Version dated 1 October 2017
These general conditions of sale (" GTC ") define the conditions applicable to any purchase of one or more products (" Product (s) ") by a customer (the " Customer ") via the website . fr (the " Site ").
The Site is edited by Hola Chico !, a sole proprietorship whose head office is located at 3 Terrasse Valmy - Tour Skylight, 92800 Puteaux, France, registered in the Paris Trade and Companies Register, under number 82511330100014.
These GTC constitute a contract between Hola Chico! and the Client.
Hola Chico! may be contacted at the contact details indicated in article 17 hereof (" Customer Service ").
The Client or Hola Chico! are referred to individually as a " Party ", or collectively the " Parties ".
2. CONDITIONS RELATING TO THE CUSTOMER
For any purchase on the Site, the Customer expressly declares and acknowledges:
- that he has carefully read all of these GTC and fully and unreservedly accepts them.
- that he is of legal age on the day his order is placed.
3. PRODUCT DESCRIPTION
The Products offered for sale are those which appear on the Site on the day of consultation of the Site by the Customer and within the limit of available stocks. Hola Chico! reserves the right to remove or add Products for sale at any time. The descriptions provided for each Product are as accurate as possible. For any questions or requests for additional information, you can contact our Customer Service at the coordinates and times indicated in article 17.
The sale prices displayed for the Products put online on the Site are firm and expressed in euros all taxes included (TTC).
For any delivery outside the European Union, it is possible that customs taxes, import taxes or any other specific tax for the reception of the Products in said country (ies). In this case, it is the Customer's responsibility to pay the applicable taxes in the country concerned to the competent authority or entity. Hola Chico! is not able and is not required to inform the Customer of the applicable taxes in any country outside the European Union to which the Customer wishes to be delivered and its responsibility can in no way be engaged in connection with any non-compliance with regard to customs rules, for which only the Customer will have to answer. It is therefore the Customer's responsibility to obtain prior information from the authorities of the chosen delivery country.
The prices displayed on the Site do not take into account the delivery costs. These delivery costs will be indicated to the Customer before the validation of his order and will depend on the country where the Customer will have the Products delivered and the number of Products ordered.
The prices displayed on the Site may be subject to change at any time without notice. However, these changes will not affect orders already made by a Customer and confirmed by Hola Chico !.
5. PLACING AN ORDER
The Customer can browse the Site without placing an order.
If the Customer wishes to purchase Product (s) on the Site, he may proceed as follows, depending on whether he has an account on the Site (“Customer Account”) or not:
- If he has a Customer Account, he can connect to it to place his order more quickly.
- If he does not yet have a Customer Account, he can continue on the Site and place his order. He will nevertheless have to create a Customer Account as of the finalization of his order.
In all cases, the Customer must make his selection and add it to his shopping cart.
The Customer may, for each Product, select the desired quantity within the limit of 10 articles.
The Customer can then check his basket, the contents of his order, and the total price to pay. After having possibly modified the content of his basket, the Customer must click on "By placing my order, I confirm that I have read and I accept the GTC".
The Customer must then, depending on whether he has a Customer Account or not, verify or fill in the required information and follow the steps to finalize his order.
In order to validate his order, the Customer must click on the “Buy now” button.
The Customer must then complete the required information and follow the steps to finalize his order.
The order will be definitively validated when the Customer proceeds to payment, which will constitute the last step of the order.
Once the order has been placed, the Customer will receive an email confirming his payment.
Hola Chico! uses the Paypal secure payment solution which allows the Customer to pay for his order by credit card or by his Paypal account when making a purchase on the Site. Payments by check or wire transfer are not accepted. In order to pay for his order, the Customer may:
- Either pay using his Paypal account if he has one, or create one if he wishes and proceed to payment via a Paypal account.
- Or pay using your credit card via the Paypal interface. In this case, the Customer must enter his card number, the expiration date of the card, the name of the card holder and the visual cryptogram (the last three or four numbers written on the back of his bank card or on the front of the card according to the payment card used by the Customer). Payment information only passes through Paypal and no banking information concerning the Customer passes through the Site or is communicated to Hola Chico !. Payment by credit card is perfectly secure by Paypal.
We invite you to refer to the Paypal security rules depending on the payment method you have chosen and never to communicate your Paypal account information or banking information to a third party.
Payment by credit card is perfectly secure by Paypal. Hola Chico! invites the Customer to refer to the security rules established by Paypal and never to communicate their banking information to a third party.
Payments by credit card are authenticated and secured using the 3D Secure security system (called “ Verified by Visa ” for a Visa card and “ MasterCard SecureCode ” for a MasterCard ). This system, specific to each bank, allows the bank to verify the identity of the cardholder and validate the transaction by requesting personal information.
In case of payment refused by the bank, the order will not be validated and the Customer will be notified of the cancellation of the transaction by sending an email.
When placing his order, the Customer may enter the delivery address, which may, if applicable, be different from the billing address. Depending on the country of delivery, the Customer will be informed of the fixed amount of the delivery costs even before definitively confirming his order.
The delivery costs will be calculated automatically when the order is finalized and indicated prior to its validation. Hola Chico! uses the services of La Poste (Colissimo) for any delivery. It may also, if necessary to ensure delivery, call on any equivalent carrier. In all cases, the Customer will have a tracking number for his order.
Your order will be delivered within the following deadlines depending on the country of delivery:
- For any delivery in mainland France (excluding DROM COM): 3 to 5 working days from the order.
- For any delivery abroad or in French overseas departments and territories: 4 to 10 working days from the order.
In any event, the delivery date will be indicated on the Site during the ordering process and confirmed in the confirmation email you will receive.
The Customer is required to check his order at the time of delivery. In the event that a Product is damaged on delivery or an anomaly is identified, the Customer must immediately indicate to the carrier his reservations regarding the delivery, indicating the reasons given. The Customer should also contact Hola Chico Customer Service! at the times and contact details indicated in article 17.
Depending on the anomaly indicated, the Customer may benefit from one of the solutions provided for in article 10 below in application of the legal guarantees.
8) TRANSFER OF OWNERSHIP
The transfer of ownership of a Product to a Customer occurs as soon as the price of the Products ordered is received in full by Hola Chico !. However, the transfer of risk takes place when the Customer or any person designated by him takes possession of the Product (s).
9) RIGHT OF WITHDRAWAL
a) Deadline and methods of exercise
The Customer benefits from a right of withdrawal without giving any reason that he can exercise for 14 days from receipt of any Product ordered on the Site, without prejudice to the possibility of retracting as soon as the order is placed.
The Customer will be refunded the full amount he has paid, including delivery costs, within 14 days of the day of his notification of exercise of the right of withdrawal. Nevertheless, Hola Chico! may defer reimbursement until it receives the Product (s) concerned or until the Customer provides proof of shipment of the Product (s), the date selected being that of the first of these facts.
The costs incurred by sending the returned Product (s) during the exercise of the right of withdrawal are the sole responsibility of the Customer.
When exercising his right of withdrawal, the Customer must return the Product (s) concerned within 14 days of the day of his notification of exercise of the right of withdrawal.
To exercise your right of withdrawal, you must notify us in writing, by means of an unambiguous statement, within 14 days of receipt of the article concerned. To this end, you can, if you wish, use the withdrawal form annexed to these GTC, and return it duly completed by email to email@example.com indicating in the subject line " withdrawal " or to the following address: 3 Terrasse Valmy - Tour Skylight, 92800 Puteaux, France.
You must take care of the Products you wish to return and not use or damage them.
In particular, returned Products must be returned in perfect condition in their original packaging, intact, undamaged, and must be accompanied by a copy of the invoice.
b) Exclusion of the right of withdrawal:
Among the Products offered on the Site, some are personalized items that must be considered as goods made to the consumer's specifications or clearly personalized within the meaning of article L221-28 of the Consumer Code.
In accordance with the provisions of article L221-28 above, the right of withdrawal cannot be exercised for this type of Product.
Si Hola Chico! is unable to deliver an order or if the Products delivered are not the ones you ordered, or if they are defective or damaged, or if the quantity delivered is incorrect, we may:
- remedy any shortage or absence of delivery or incorrect delivery; or
- replace any Products that are defective or damaged; or
- refund the amount you paid for the Products in question.
This does not preclude the benefit of your right of withdrawal as set out in article 9 above.
Nothing in these GTCS can exclude or limit the rights you have under applicable law. In any case, you benefit from the legal guarantees, and in particular the guarantee of conformity as provided for by articles L. 217-4 and following of the Consumer Code and the guarantee against hidden defects according to the terms of the articles 1641 to 1648 of the Civil Code.
Information on applicable guarantees :
Regarding the legal guarantee of conformity, you have a period of two years from the delivery of the goods to act.
You can either choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.
In addition, you do not have to provide proof of the existence of the lack of conformity of the good during the two years following the delivery of the good or during the entire duration of the legal guarantee of conformity.
In addition, you can implement the warranty against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and in this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with in article 1644 of the Civil Code.
11) LIABILITY - FORCE MAJURE
Hola Chico! can not be held responsible for any failure or delay in execution of any of the stipulations of these T & Cs resulting from events beyond its control (" Case of force majeure ").
A Force Majeure Event includes any act, event, omission or other accident beyond the control of Hola Chico !. Cases of force majeure include in particular, without this list being exhaustive, the following situations:
- Strikes or any other social movement.
- Civil unrest, riots, terrorist attacks or threats of terrorist attacks, as well as wars.
- The inability to use road, rail, sea, air transport, etc. or any other means of transport whether public or private.
- The impossibility of using private or public telecommunications networks.
- Fires, explosions, storms, floods, earthquakes, epidemics, or other natural disasters.
The obligations of Hola Chico !, under these T & Cs will automatically be suspended during the period during which the Force Majeure Event continues.
Hola Chico! will do everything in its power to remedy the inconveniences caused by the Force Majeure Event and to find a solution enabling it to perform its contractual obligations as soon as possible.
12) INTELLECTUAL PROPERTY
All the elements present on the Site (texts, images, photographs, videos, logos, designs, brands, patents, databases, domain names, etc.) and any other similar website owned by Hola Chico! is protected by intellectual property rights and may not be reproduced or used without the prior consent of Hola Chico !.
No one is authorized to exploit, distribute or use the intellectual property rights including, without this being limiting, the rights held on the name Hola Chico !, without the prior written consent of Hola Chico !.
The brands and logos belonging to Hola Chico! are registered trademarks. Any reproduction without the authorization of Hola Chico! therefore constitutes an infringement.
13 ) PROTECTION OF PERSONAL DATA
The personal data transmitted by the Customer are processed by Hola Chico! whose purposes are the management of orders and the execution of contracts concluded with Customers. They will be kept for the time necessary for the processing purposes.
In addition, the Customer can subscribe to the Hola Chico newsletter! and receive information or offers on events related to Hola Chico! and its various activities, subject to having expressly and previously authorized Hola Chico! for this purpose.
In accordance with the law known as "Informatique et Libertés" of January 6, 1978, as amended, each Customer has the right to access, rectify, oppose and delete information concerning him which he can exercise by writing to Customer Service, the contact details of which are indicated in article 17.
Customers may also, at the same email address, give any instructions regarding the fate of their personal data after their death.
14 ) COOKIES
A cookie may be installed on the Customer's computer in order to record information relating to the Customer's navigation. The Customer will be informed on the Site.
The Customer can oppose the registration of cookies by configuring his browser to this effect.
15 ) MODIFICATION OF THE GTC
Hola Chico! may occasionally modify these T & Cs, in particular to reflect any regulatory and legislative changes, changes in market conditions, changes in means of payment, as well as for any reason other than Hola Chico! would see fit, at its discretion.
The Customer will be bound by the GTC in force at the time of his order on the Site.
16 ) APPLICABLE LAW - COMPLAINTS - DISPUTES
These GTC and any order placed on the Site are governed by French law.
In the event of a complaint, it must be made by mail or by email addressed to Customer Service at the contact details indicated in article 17 in order to try to find an amicable solution.
Hola Chico! undertakes to process the complaint as soon as possible.
In the event of a dispute, the Customer is informed that he may refer to a third-party mediator with a view to reaching an amicable settlement.
If the Parties do not manage to find an amicable solution, the French courts will be competent for any dispute.
17 ) CUSTOMER SERVICE
The Customer can contact Customer Service by sending an email to firstname.lastname@example.org .
APPENDIX I - WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
Attention Hola Chico! (Customer Service), 3 Terrasse Valmy - Tour Skylight, 92800 Puteaux, France *
I hereby notify you of my withdrawal from the contract for the sale of the property below:
Ordered on (*) / received on (*):
Signature of the Client ( only if this form is notified on paper ):
(*) Cross out the unnecessary mention.