General conditions of sale and return
This website, www.happybulle.com, bearing the HappyBulle trademark is published by the company Happy Corp, a French limited company (SARL) with capital of €5000, registered under no. 804 884 120 000 36 and with its head office located at 13 Avenue de la Grande Semaine, 33700 Mérignac, France, for the purposes of offering personalised jewellery and accessories for sale. The products offered for sale in the online catalogue feature a description specifying their main characteristics. The products on the www.happybulle.com website are manufactured and distributed in accordance with applicable French law.
1. APPLICATION OF THE GENERAL CONDITIONS OF SALE:
The general conditions of sale apply to orders for the personalisation of gold & silver jewellery, costume jewellery, key rings and accessories. They are subject to the conditions outlined below. They take precedence over any other stipulation made by the customer, whether written or not, with respect for the rules laid down for concluded electronic commerce contracts. All orders imply the full acceptance of these conditions of sale, subject to any specific written conditions issued by the vendor at the moment the order is placed. The acceptance and confirmation of the order are established by means of the entry of the data by the customer on successive screen pages. The consumer can save or edit these general conditions, it being understood that both the saving and the editing of this document fall under his sole responsibility, these general conditions of sale being subject to change. In this case, the conditions applicable to the contract that he concludes will be those in force on the site on the date on which his order is placed. The customer attests to having full jurisdictional capacity authorising him to commit to these general conditions.
The prices invoiced when the order is placed are those in force in the catalogue of the http://www.happybulle.com website on the date on which the order is received. All prices are stated in Euros, inclusive of tax, and do not include shipping fees.
www.happybulle.com reserves the right to change the prices of its products at any time.
3. ORDER PLACEMENT AND VALIDATION:
The customer places his order online via the https://www.happybulle.com website. He selects the product or products that he wishes to order and personalises each of them via the dedicated personalisation form. Once the order has been confirmed and payment made, a confirmation email summarising the various elements of his order will be sent to him, confirming the receipt of his order by Happybulle and constituting an invoice. After validation of the order, no subsequent modification can be made to it.
By confirming his order, the customer acknowledges that he is aware of the characteristics and specifications unique to each of the products (name, price, quantity, colour, size, delivery time, materials etc.) and expressly accepts them without reservation.
Likewise, the confirmation of the order constitutes acceptance of these General Conditions of Sale forming the contract between Happybulle and the customer, subject to provisions to the contrary established in writing between the parties.
Payment for the products is made by:
- SystemPay (SSL 128 bit secure online payment solution) with the option to pay by bank card, E-carte Bleu, Visa , Visa electron, Mastercard, Maestro
- PayPal transfer (secure electronic system)
- Cheque made out in Euros (€) made payable to Happy Corp SARL
In any case, orders will not be produced and completed until the associated payment is received. In case of default of payment, owing to the bank's refusal to honour the transaction or an objection to the transaction being made by the customer, whether before or after the conclusion of the transaction, Happybulle will cancel the sale without prior warning or notice and may, if applicable, charge fees for the return of the product to the customer.
In addition, discount codes offered are never cash refundable. They are created in order to be applied as a discount when placing your order on the Happybulle online store.
5. DELIVERY AND DELIVERY TIMES:
The delivery charges are agreed as an addition to the price of the merchandise and are stated in the order confirmation. The delivery times are specified on each product sheet. To find out more, we invite you to visit the page regarding delivery times and methods. The times stated correspond to the transit times specified by the selected carrier. In the event that these are not complied with, or in the case of failure to deliver the package on the part of the service provider, Happybulle cannot be held responsible.
The product or products will be delivered to the customer who places the order or to a third party designated by the customer.
Happybulle will ship the order to the name and address entered in the "delivery address" field. It is the responsibility of the customer to verify the accuracy of the address.
Happybulle accepts no liability relating to delivery in the following cases:
- Return of the package following an address error or an incomplete address. The package can be reshipped subject to repayment of the shipping fees.
- Return of the package following the failure to collect the package within the stated time from the delivery service provider's designated services. The package can be reshipped at the request of the customer, subject to the re-invoicing of the delivery fees to be paid by the customer.
The customer being the owner of the product or products upon acceptance of delivery, it is incumbent upon him to inspect the package upon receipt, to express any reservations or complaints that appear justified to the delivery agent and to note them on the delivery note attached to the package. At the request of the customer, it is possible to take out a transport insurance policy, with the additional cost to be borne by the customer.
In the event that the customer is not at home when the delivery agent calls, the customer must refer to the conditions of each of the delivery service providers to find out the procedure to be followed in order to recover your package.
7. COMPLAINTS IN CASE OF NON-CONFORMITY:
In case of the non-conformity, in terms of nature or quality, of the delivered products with the specifications stipulated in the delivery note, the customer can submit a complaint to Happybulle with a view to receiving an exchange or refund in the form of a credit note to the value of the product or products inquestion. No cash refunds will be issued. The product cannot be returned or exchanged without the express agreement of the Happy Corp company. The complaint must be sent within the (3) three working days following delivery by email or by registered letter with confirmation of receipt, to the following address : 13 Avenue de la Grande Semaine, 33700 Mérignac, France. Beyond this deadline, the request for an exchange or refund cannot be accepts.
The products must be returned to Happybulle in the condition in which they were received, in their original packaging. Products cannot be refunded or exchanged prior to their return to the Happy Corp company premises.
8. NON-WITHDRAWAL CLAUSE:
The customer is hereby made aware of the fact that the right of withdrawal is not applicable for the vast majority of the products in the Happybulle catalogue. In fact, given that these are products that are personalised according to customer specifications, in accordance with Article L 121-20-2 of the French Consumer Code, Happybulle cannot refund or exchange the products at the request of the customer.
Exercising the right of withdrawal is excluded for jewellery or accessories where the customethe front and/or the reverse side.
9. RIGHT OF WITHDRAWAL:
The customer has the right to withdraw from this contract, without providing a reason, within a period of fourteen days, only applicable to "Happybulle E-gift card" products and the "Happybulle collections", if and only if the customer has not ordered personalisation on the front and/or the reverse side.
For other jewellery and accessories, the right of withdrawal is only possible on the sole condition that the customer has not personalised his products when placing his order or after recept of the order.
The withdrawal period expires fourteen days after the first day on which the custeomr or a third party other than the carrier and designated by the customer assumes physical possession of the product or products.
Exercise of the right of withdrawal:
In order to exercise the right of withdrawal, the customer must notify us of his decision to withdraw from this contract by means of a clearly worded statement (for example, a letter sent by post, fax or email), to be sent to the following address if sending by post: Société Happy Corp, 13 Avenue de la Grande Semaine, 33700 Mérignac, France. Telephone: + 33 5 56 45 80 93 or by email: email@example.com
The customer can use the withdrawal form template below, although this is not mandatory.
Consequence of the right of withdrawal:
The customer must send the goods to Société Happy Corp, 13 Avenue de la Grande Semaine, 33700 Mérignac, France, without excessive delay and, in any case, no later than fourteen days after having communicated to us his decision to withdraw from this contract.
This deadline shall be deemed to have been respected if the customer sends the goods prior to the expiration of the fourteen-day period.
Furthermore, any returned products must be in an intact and unworn condition. It must also be returned to the HAppy Corp company in its original packaging. If the returned product is damaged, it will be returned to the custoemr at his own expense.
In the case of withdraw from this contract on the part of the customer, we will refund to him all payments received from him, including delivery fees (with the exception of additional fees resulting from the customer having chosen a method of delivery other than the standard, cheapest method of delivery we offer, if applicable) without excessive delay and, in any case, within fourteen days from the day on which we are informed of his decision to withdraw from this contract.
We will proceed with the refund, using the same method of payment as that used by the customer for the initial transaction, unless a different means of payment is expressly agreed to; in any case, this refund will not result in him incurring any fees.
We can defer the refund until we have received the goods, or until the customer has provided a proof of the shipping of the goods, whichever of these ocurs first.
The customer shall only be liable for any diminished value of the goods resulting from handling other than that which is necessary in order to establish the nature, the characteristics and proper function of these goods.
(Please only complete and return this form if you wish to withdraw from the contract)
- For the attention of Société Happy Corp, 13 Avenue de la Grande Semaine, 33700 Mérignac, France. Telephone + 33 5 56 45 80 93. Email: firstname.lastname@example.org
- I hereby notify you of my withdrawal from the contract for the sale of the below goods
- Ordered on (*) / received on (*)
- Name of the consumer
- Address of the consumer
- Signature of the consumer (only if this form is being submitted in paper form)
In order for the withdrawal period to be respectd, all that is required is that you submit your communication relating to the exercise of the right of withdrawal prior to the expiration of the withdrawal period.
You must cover the direct costs for the return of the goods.
11. ORDER CANCELATION:
All orders are considered firm and can only be cancelled with the express consent of Happy Corp and subject to conditions that will indemnify it of all prejudice and damages resulting from this cancellation.
12. FORCE MAJEURE:
The Happy Corp company accepts no liability for any breach of its contractual obligations in the case of force majeure or unforeseeable circumstances, including but not limited to catastrophes, fires, internal or external strike action, flooding and fire, and generally speaking, any event that does not allow for the proper execution of the orders.
13. PERSONAL INFORMATION:
The collection of the customer's personal information is required in order for his order to be placed. By providing his email address, the customer will receive emails for tracking the progress of his order (confirmation, shipping etc.). At his request, he will be able to receive information via the Internet regarding promotional offers and events. In accordance with the French Law on Information Technology and Freedoms (Loi Informatique et Libertés) of 6 January 1978, he has a right to access, modify, amend and delete personal information relating to him. If he wishes to exercise this right, all he has to do is write to Happy Corp, 13 Avenue de la Grande Semaine, 33700 Mérignac, France, stating his surname, first name, email address and full postal address.
14. INTELLECTUAL PROPERTY:
All of the elements of the www.happybulle.com website, presented in file format and in paper format (including but not limited to information, data, photographs, brands, images, drawings, graphics, animations, texts contained on the site) as well as the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of the Happy Corp company. Users who operate their own personal websites and who wish to place a simple link on their site leading directly to the www.happybulle.com home page must request authorisation from the Happy Corp company. This will in no way imply an affiliation contract. In any case, all links, even those tacitly authorised, must be removed at the simple request of the Happy Corp company.
Happy Corp reserves the right, unless stipulated to the contrary by the customer when placing his order, to use the visuals provided by customers when placing their orders for any promotional purposes.
In the event that any provision of this contract should be rendered null and void by a change in legislation, regulation, by a court ruling, by means of a contravention of the essential provisions, or by any other cause, this will under no circumstances affect the validity and respect for these general conditions of sale.
The Happy Corp company shall not be held liable for inconveniences or damages relating to the use of the Internet, such as, in particular, interruptions to service, the presence of computer viruses or external intrusions, and more generally any instances considered by the courts to be force majeure or third-party acts. Likewise, it cannot be held liable for the content of the sites to which links on the www.happybulle.com site lead.
17. APPLICABLE LAW:
The parties are in agreement that the contract is subject to French law. The language of this contract is French. Disputes will fall under the jurisdiction of the Tribunal de Grande Instance ou d’Instance de BORDEAUX (Bordeaux High Court or Court of First Instance). These conditions are subject to change at any time, without prior notice.