Last updated: 2013, July 15th
Welcome to the www.urbanhello.com website published by UrbanHello, a simplified joint stock company (SAS) with share capital of 336,000 Euros, having its registered office at 13, rue Saint Antoine, 75004 Paris, registered in the commercial register of Paris under number 539 158 139. e-mail: [email protected].
Intra-Community VAT number: FR 11 539 158 139
The legal representative and editor is Herve ARTUS in his quality of President.
The Website is hosted by the company OVH having its registered office at 2 rue Kellermann - 59100 Roubaix - France, a simplified joint stock company SAS with share capital of 10 000 000 € euros, registered in the commercial register of Roubaix – Tourcoing under number 424 761 419 00045.
GENERAL CONDITIONS OF SALE
Please read the General Conditions of Sale carefully, print them and retain a copy.
The User declares that he is at least 18 years old and has legal capacity or has parental authority authorizing him to place an Order on the Website.
The confidentiality of personal information is important to UrbanHello: please read the page entitled "Confidentiality Rules" for further details.
Article 1 - Definitions
The words and expressions below starting with a capital letter shall have the following meanings:
- "General Conditions of Sale" means these general conditions of sale.
- "Order" means the purchase of one or more Products by a User on the Website, in accordance with the General Conditions of Sale;
- "Account" means a strictly personal area, created by the Internet user by registering on the Website, enabling him to purchase a Product.
- "Personal Information" means all information relating to the User as an individual which he provides voluntarily when opening an Account or which UrbanHello collects when the User browses the Website. Such information, of any nature, directly enables UrbanHello to identify the User.
- "Product" means any product offered for sale on the Website.
- "Service" means the platform allowing access to the Website and its features such as the forum and blog.
- "Website" means the website http://www.urbanhello.com
- "User" or "You" means the consumer or professional client, purchasing one or more Product(s) on the Website.
In this first Article, all references to the singular shall include the plural and vice versa. All references to one gender shall include the other gender.
Article 2 - Purpose
The purpose of the General Conditions of Sale is to define, throughout the world, by virtue exclusively of the relationship which they enter into on the Website on the Internet network, the rights and obligations of UrbanHello and of the User arising from the on-line sale of Products shown on the Website.
Article 3 - Order
3.1. The essential characteristics of each Product and its price appear on the Website.
The price of the Products is shown on the Website in Euros (€) inclusive of all taxes, excluding the User's contribution to the shipping and handling costs. The price applicable to the Order is that shown on the page summarizing the contents of the basket prior to confirmation of the Order.
UrbanHello reserves the right to modify its prices at any time but the Products shall be invoiced on the basis of the prices in force at the time of registration of the Order. The Products shall remain in the ownership of UrbanHello until full payment of the price, even in the case of collective proceedings, where applicable, by a professional User pursuant to Articles L.624-9 et seq. of the Commercial Code.
3.2. In order to purchase a Product on the Website, the User must first create - from the Website - an Account protected by a password. The User undertakes to provide true, precise and comprehensive information, and to keep it regularly updated.
Once the order has been placed by the User, an Order confirmation will appear on the screen. In Addition, a summarizing e-mail will be sent to the User, showing : the type, quantity, price of the Product(s) selected by the User, delivery charges, and the total value of the Order, the User's details, arrangements for payment and delivery, latest delivery date and delivery address.
Consequently, the User acknowledges that he has been notified, prior to signing the contract, in a clear and comprehensible manner, of the General Conditions of Sale and all information and details concerning in particular:
- the principal features of the Product ordered;
- the identity of the vendor (company name, geographical address of the registered office);
- the total price of the Products inclusive of all taxes or, where the price cannot reasonably be calculated in advance, the method for calculating the price and, if applicable, all additional costs or, where such costs cannot reasonably be calculated in advance, a note that such costs may be payable;
- where applicable, the arrangements for payment, delivery and the specified procedure for dealing with complaints, reference to the legal guarantee of conformity, the availability of after-sales service.
The placing of an Order requires the User to have a properly functioning electronic mailbox for sending and receiving messages. If he does not, he cannot place an Order. Contractual information is presented in French.
Upon receipt of the Order, UrbanHello reserves the right to refuse it, particularly where the Product is no longer available or in the event of an obvious error in price or quantity. When the Order is accepted, UrbanHello will send the User confirmation of the Order to the electronic address provided when the Account was created. The sale will only be executed once the Order is confirmed.
Once the Order is confirmed, it is registered and becomes irrevocable subject, where applicable, to the right of withdrawal pursuant to Article 6 of the General Conditions of Sale.
The Products are offered for sale to the extent that stocks are available.
In the event that a Product is unavailable after an Order has been placed, UrbanHello shall notify the User forthwith. The User may then choose either to request cancellation and refund of his Order, or the exchange of his Order.
If the Product offered in exchange is not acceptable to the User, UrbanHello shall cancel the unavailable Product from the Order, and refund all sums paid by the User for this Product.
Article 4 – Payment
Payment shall be made by bank card.
The card will be debited at the time of the Order.
In the case of payment by bank card (Bleue, Visa), the User shall enter his name, card number, expiry date of the card and the security code appearing on the back of the card.
The Website has a security system for the purpose of protecting all sensitive data relating to the method of payment as effectively as possible.
The banking data is only transmitted once at the time of the on-line payment by bank card. Such transmission is carried out securely by means of data encryption using SSL (Secure Socket Layer) technology.
At any time, the User may check whether he is still on the secure page by looking at the address of the page and the status bar below the browser window.
In any event, providing the bank card number on-line and the final Order confirmation shall constitute proof of the completeness of the Order in accordance with the provisions of the Act of 13 March 2000 and shall cause the sums relating to purchase of the Products appearing on the order form to become payable.
Such approval constitutes the User's signature and express acceptance of all operations previously carried out on the Website.
By providing the information relating to his bank card, the User authorizes UrbanHello to debit from his bank card a sum corresponding to the inclusive price of the Order for the Product. In the event that the price cannot be debited, the sale shall immediately become void ipso jure and the Order shall be cancelled.
The computerized records, saved in the computer systems of UrbanHello and of its partners within reasonable security conditions, shall be deemed to be proof of the communications, orders and payments taking place between the parties.
Order forms and invoices shall be saved on a faithful and enduring medium constituting a faithful and enduring copy as required by Article 1348 of the Civil Code.
UrbanHello reserves the right to refuse any Order or delivery in the event of any dispute with the User, of complete or partial non-payment of the Order or of a previous Order by the same User, or of a refusal by the bank to authorize the card payment.
For professional Users, in the case of payment by any method other than by bank card on the basis of the prior written agreement with UrbanHello, lump sum compensation of 40 Euros in respect of recovery costs shall, where applicable, be payable ipso jure in the event of late payment without prejudice to any other potential compensation such as penalties for delay. Additionally, where applicable, penalties for delay shall be payable from the day following the anticipated payment date appearing on the invoice. They shall apply automatically, without the need for a reminder or formal notice. The rate of such penalties shall be ten points above the refinancing rate of the European Central Bank. For 2013: 10.75%, (0.75%+10), applied to the amount of the unpaid invoice inclusive of all taxes.
Article 5 – Delivery
The geographical delivery area is limited to the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, United Kingdom.
The User will be advised of the latest date on which the Product will be delivered to him prior to confirmation of his Order. The delivery period may vary depending on the place of delivery.
Products are delivered to the delivery address provided by the User at the time of the Order. He therefore agrees to take receipt of the Products he has ordered.
Any Order placed on the Website and delivered outside France may be subject to potential taxes and customs duties levied when the package reaches its destination. Such potential customs duties and taxes relating to delivery of a product shall be payable by the User and are his responsibility. UrbanHello is not required to check and inform the User of any customs duties and taxes applicable; it is the User's responsibility to find out from his country's competent authorities.
Transfer of risk occurs upon delivery. Where relevant, for international sales of a Product to a professional User, the DDU rule (Incoterms 2010) shall apply.
Article 6 - The User/consumer's right of withdrawal - Non-conformity
In accordance with the legislation in force, the User/consumer shall have a period of seven (7) clear days to exercise his right of withdrawal without having to explain his reasons or pay any penalties, with the exception, where applicable, of the return costs.
The period runs from the day after the date of receipt of the Product. Where this period expires on a Saturday, Sunday, public holiday or non-business day, it shall be extended to the first working day thereafter.
The price of the returned Product will be refunded to the User/consumer.
Returns shall be sent to the following address:
UrbanHello – Retour Produits
13 rue Saint Antoine
Any Product which lacks conformity, for exchange or refund, must be returned in its wrapping and packaging, together with the counterfoil appearing at the bottom of the invoice or the delivery note, to the customer services department.
Products which are returned in an incomplete, spoiled, damaged or dirty condition by the User/consumer will not be accepted in return or refunded.
In accordance with Article L121-20-1 of the Consumer Code, any refund to a User/consumer for a Product for any reason whatsoever shall be made within a period of thirty (30) days or less following the date on which the right was exercised. UrbanHello shall choose whether to make the refund by crediting the bank account of the User/consumer or by cheque made out to the User who placed the Order sent to the invoicing address.
Article 7 – Account Security
The User is exclusively responsible for keeping his password confidential, and for all actions carried out on his Account.
The User must not disclose to any party the information relating to his Account or use the Account of a third party.
Article 8 – Content of the Service
The Service enables the User to access the Website, and in particular: the shop front, shop, community areas, User support, etc.
Use of the Service is free of charge.
The User acknowledges that use of the Service or the Products may require the use of other products or materials and software and that the User shall be responsible for such materials and software.
The Service and the Products which the User accesses must be used exclusively for personal and not for commercial purposes and, as regards the Products, in accordance with the technical specifications appearing on the Website.
Article 9 - Service or Product Modification
UrbanHello may, at its discretion, and without prior notice, modify, add or remove features of the Service or of the Products shown on the Website.
Article 10 – Community services
The User is responsible for information, messages and, generally, for all content he posts via the community Services such as the UrbanHello forum or blog.
The User agrees that UrbanHello may remove all or part of any content which he posts on the community Services, particularly where such content may infringe the laws and regulations currently in force or acceptable standards of behaviour.
Article 11 – Intellectual Property Rights
All texts, photos, logos, graphic or audio illustrations, images (animated or still), trademarks and other information reproduced on the Website are reserved and protected by intellectual property rights. For further information please email us at [email protected].
The User and any third parties are prohibited, except in the course of private use, from reproducing, representing, distributing, marketing, modifying, using or assigning all or part of any of the information reproduced on the Website except with the prior written consent of UrbanHello.
Any unlawful use of all or part of the Website may result in legal action.
The Products are also protected by exclusive intellectual and industrial property rights which the User undertakes to comply with.
Article 12 – User Obligations
The User agrees in particular not to undertake any of the following prohibited activities:
- Impersonating another person when creating his Account or when accessing the Website and/or the Services and in particular attempting to use or access the Service via an Account to which he has no rights.
- Using the Service and/or the Website in a manner likely to cause deterioration, interruption or reduced performance or to damage its function.
- Taking any action causing or likely to cause an unreasonable and disproportionate increase in the load on the Website's infrastructures.
Article 13 - Liability
The Products shown on the Website comply with the French and EU legislation in force. UrbanHello shall not incur any liability in the event of a failure to comply with the specific legislation of a country other than France to which the Product is delivered. Where applicable, the User shall be responsible for checking with the local authorities the options for importing or using the Product which he intends to order.
UrbanHello shall not incur any liability for minimal variations between the photograph of a Product and the product concerned which do not relate to its key characteristics.
The Website is accessible 7 days a week, 24 hours a day, subject to closure for maintenance or repair or in the event of force majeure or any event beyond the control of UrbanHello.
The User accepts the limitations of the internet and of electronic means of communication. UrbanHello shall not be held liable for the unavailability of the Website, or for any connection problems or interruption to the connection when the User accesses the Website or places an Order.
UrbanHello shall not be held liable for failure to perform the contract entered into in the event of unforeseen accident, force majeure, disruption or strikes wholly or partially affecting the means of communication or telecommunication. In any event, the liability of UrbanHello shall be limited to the value of the User's Order.
Hypertext links appearing on the Website may lead to other websites. UrbanHello shall not incur any liability whatsoever in the event that the content of such websites is in breach of the legal and regulatory provisions in force.
The User expressly acknowledges and accepts that UrbanHello:
- may occasionally temporarily suspend the Service to carry out maintenance and repair operations without UrbanHello incurring any liability whatsoever.
- shall not in any circumstances be held liable for any loss whatsoever, whether caused directly or indirectly by its services.
- shall not in any circumstances be held liable for any damage to or loss of data sustained by the User. The User must therefore take all appropriate steps to protect his own data or software against contamination of his equipment by potential viruses circulating on the Internet network.
Article 14 - Guarantees
The Products for sale on the Website carry the legal guarantee of conformity for the User/consumer (L.211-1 et seq. of the Consumer Code) and the warranty against hidden defects for all Users (Articles 1641 et seq. of the Civil Code), entitling the User to return Products delivered which are defective or lack conformity.
Article L.211-4 of the Consumer Code: "The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor under the contract or had it carried out under his responsibility."
Article L.211-5 of the Consumer Code: "To conform to the contract, the product must:
1) Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2) Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to."
Article L.211-7 of the Consumer Code: "In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery. The seller may refute that presumption if it is incompatible with the nature of the product or the non-conformity invoked."
Article L.211-8 of the Consumer Code: "The buyer is entitled to demand that the product conform to the contract. He may nevertheless not contest its conformity by invoking a defect that he was aware of, or could not have been unaware of, when he entered into the contract. The same shall apply when the defect originates from materials he has supplied himself."
Article L.211-9 of the Consumer Code: "In the event of lack of conformity, the buyer shall choose between repair and replacement of the product. The seller may nevertheless elect not to proceed in accordance with the buyer's choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible. "
Article L.211-10 of the Consumer Code: If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price. He has the same option:
1. If the solution requested, suggested or agreed pursuant to Article L.211-9 cannot be implemented within one month of the buyer making his claim;
2. Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his intended use.
The sale shall not be cancelled, however, if the lack of conformity is minor."
Article L.211-11 of the Consumer Code: “The provisions of Articles L.211-9 and L.211-10 shall be applied at no cost to the buyer. Those same provisions shall not impede the awarding of damages."
Article L.211-12 of the Consumer Code: "Action resulting from lack of conformity lapses two years after delivery of the product.”
Article 1641 of the Civil Code: "A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.”
Article 1648 1st paragraph of the Civil Code: “The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice."
Article 15 - Amendments to the General Conditions of Sale
UrbanHello reserves the right to amend all or part of the General Conditions of Sale without notice. The User acknowledges that he has read the General Conditions of Sale when placing the Order and expressly declares that he accepts them unconditionally.
In the event of any amendment, the User's Order continues to be governed by the General Conditions of Sale which appeared on-line and were accepted on the date the Order was placed.
These General Conditions of Sale shall prevail, should the case arise, over any other conditions having the same purpose contained in any document, except in the case of specific conditions agreed with the User.
Article 16 - Applicable law - Courts with jurisdiction
These General Conditions of Sale shall be governed by French law.
The Website complies with French law and UrbanHello does not under any circumstances give any guarantee of compliance with any other local legislation which may be applicable, where the User accesses the Website from other countries.
Any dispute resulting from the General Conditions of Sale and/or from an Order of a Product shall be subject to the exclusive jurisdiction of the French courts, pursuant to the rules on jurisdiction in the Civil Procedure Code.
The Paris Commercial Court shall have jurisdiction in relation to disputes concerning professional Users, even if there are interlocutory applications, multiple defendants or proceedings against a guarantor.