TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE
Article 1 – Definitions
These Terms and Conditions of Sale, hereinafter referred to as the “Terms”, are offered by Pablo Canu, micro-enterprise, operating the Hovara Home website.
The following terms shall mean:
“Website”: the website “https://hovarahome.com” and all of its pages, owned and operated by Pablo Canu.
“Products” or “Services”: all physical products and services available for purchase or subscription on the Website.
“Seller”: Hovara Home, operated by Pablo Canu, a micro-enterprise, offering its Products or Services on the Website.
“Customer”: any internet user, whether an individual or professional, purchasing Product(s) or Service(s) on the Website.
“Consumer”, in accordance with the definition provided by the French Consumer Code: any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity.
Any internet user visiting the Website and interested in the Products and Services offered by the Seller is invited to carefully read these Terms, print them and/or save them on a durable medium before placing an order on the Website.
The Customer acknowledges having read these Terms and fully accepts them.
Article 2 – Application of the Terms and Purpose of the Website
The Seller reserves the right to modify these Terms at any time by publishing a new version on the Website.
The Terms applicable to the Customer are those in force on the date the order is placed on the Website.
Legal information regarding the host and publisher of the Website, the collection and processing of personal data, and the conditions of use of the Website are provided in the Website’s Terms of Use, Legal Notice and Privacy Policy.
This Website offers the online sale of home and lifestyle products.
The Website is freely accessible to all Customers. The purchase of a Product or Service implies the Customer’s full acceptance of these Terms, which the Customer acknowledges having read in full.
This acceptance may consist, for example, of the Customer ticking the box corresponding to the acceptance statement of these Terms, such as: “I acknowledge that I have read and accepted all the Terms and Conditions of the Website.”
Ticking this box shall be deemed to have the same value as a handwritten signature by the Customer.
Acceptance of these Terms assumes that Customers have the legal capacity required to do so. If the Customer is a minor or does not have such legal capacity, they declare that they have the authorisation of a guardian, curator or legal representative.
The Customer acknowledges the evidential value of the Seller’s automatic recording systems and, unless they provide proof to the contrary, waives the right to challenge them in the event of a dispute.
Any order of Products implies the Customer’s unconditional acceptance of and full adherence to these Terms, which prevail over any other document, including catalogues, advertisements and notices, unless expressly agreed otherwise in advance by the Seller.
Article 3 – Customer Service
The Website’s customer service can be contacted by email at: contact@hovarahome.com, through the contact form, or by post at the address provided in the Legal Notice.
The Customer must include their first name, last name, the subject of their request and their order number in the email.
For any professional request, including partnerships, media enquiries or contract proposals, the Seller can only be contacted by email at: contact@hovarahome.com.
Article 4 – Order Subscription Methods and Description of the Purchase Process
The Products and Services offered are those listed in the catalogue published on the Website.
Each Product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.
The photos displayed on the Website are not contractual and may differ slightly from the photographed models. These variations may be due to the settings of different screens and cameras, product lighting, shooting angles and similar factors.
The “Cart” refers to the intangible object grouping together all Products or Services selected by the Customer on the Website for purchase after clicking on those items.
To place an order, the Customer selects the Product(s) they wish to order by adding them to their “Cart”, the contents of which may be modified at any time.
The Customer places the order through the Website by registering and validating the order on the Website.
To place an order on the Website, the Customer freely selects one or more Products from the Website catalogue by clicking the “Add to Cart” button.
On the “Cart” page, the Customer can check the details of their order and correct any errors before confirming it.
On the “Information” page, the Customer must enter their contact details. They may choose to receive order tracking by email by ticking the required box.
On the “Shipping” page, the Customer must choose from the available shipping methods.
On the “Confirmation” page, the Customer must enter their payment details and billing address. The Customer may also enter a promotional code if they have one.
A full summary of the order is displayed. The Customer may modify all elements of the order before finalising it.
The Customer is responsible for any errors relating to the order, the Products and their contact details.
The sale is validly formed when the Customer has confirmed the order by clicking the “Complete my order” button, accepted the Terms and Conditions of Sale, and made payment according to the chosen payment method, subject to the exercise of the right of withdrawal where applicable.
The order validation date corresponds to the date on which full payment of the total price, including taxes, is duly received.
Article 5 – Prices and Payment Methods
Unless otherwise stated, the prices listed in the catalogue are prices in British pounds sterling or in the currency displayed on the Website, inclusive of applicable taxes where applicable, and excluding any processing and shipping costs.
Hovara Home reserves the right to reflect any change in the applicable tax rate in the price of the Products or Services.
The Seller also reserves the right to modify prices at any time. However, the price listed in the catalogue on the date of the order shall be the only price applicable to the Customer.
The Customer may place an order on the Website and pay by credit card, Apple Pay, PayPal or any other payment method offered at checkout.
Credit card payments are made through secure transactions provided by an online payment platform provider.
The Website does not have access to any data relating to the Customer’s payment methods.
Payment is made directly to the bank or payment provider receiving the Customer’s payment.
In the case of payment by bank transfer, the delivery times defined in the “Deliveries” article of these Terms only begin from the date the Seller actually receives the payment, proof of which may be provided by any means.
Product availability is indicated on the Website, in the description page of each Product.
Hovara Home will archive order forms and invoices on a reliable and durable medium constituting a faithful copy.
Computerised records shall be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 6 – Deliveries
Shipping costs will be indicated to the Customer before any payment is made.
The Website has no geographic delivery limitation, and orders may be shipped worldwide, subject to the delivery areas available at checkout.
Delivery times indicated at the time of order are provided for information purposes only and may depend on possible postal delays or other special circumstances preventing delivery, such as strikes, demonstrations, bad weather or similar events.
In the event of delivery of a Product outside the European Union, the Customer declares themselves to be the importer of the Product and accepts that, in such a case, the Seller may be materially unable to provide exact information on the total amount of costs relating to customs duties, customs formalities or import taxes applicable in the country where delivery is requested.
Unless otherwise stated on the Website during the order process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the contract is concluded with a Consumer Customer.
In the case of hand delivery, the Customer may refuse a parcel at the time of delivery if they notice an anomaly relating to the delivery, such as damage, a missing Product compared with the delivery note, damaged packaging or broken Products.
Any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer’s signature.
To exercise their right of refusal, the Customer must open the damaged or defective parcel(s) in the presence of the carrier and have the carrier take back the damaged goods.
In the case of mailbox delivery, the Customer undertakes to immediately check the parcel and contact Hovara Home support if they notice any anomaly.
If the Customer fails to comply with these requirements, they may not be able to exercise their right of refusal, and the Seller shall not be required to accept the Customer’s refusal request.
If the Customer’s parcel is returned to the Seller by the postal service or other postal providers, the Seller will contact the Customer upon receipt of the returned parcel to ask how the order should be handled.
If the Customer mistakenly refused the parcel, they may request that it be resent, provided they first pay the shipping costs for the new shipment.
Shipping costs must be paid even for orders for which shipping was offered free of charge at the time of the initial order.
In the event of a delivery error or exchange, where the right of withdrawal applies, meaning where the Customer is a Consumer and the contract entered into for the purchase of the Product or Service allows withdrawal, any Product to be exchanged or refunded must be returned to the Seller in full and in perfect condition.
Any defect resulting from mishandling or improper use by the Customer cannot be attributed to the Seller.
Any delivery delay compared with the date or period indicated to the Consumer Customer at the time of order, or, failing indication of a date or period at the time of order, exceeding thirty (30) days from the conclusion of the contract, may result in the cancellation of the sale at the initiative of the Consumer Customer.
This cancellation must be requested in writing by registered letter with acknowledgement of receipt, after the Customer has requested that the Seller complete the delivery and the Seller has failed to do so.
The Consumer Customer will then be refunded, no later than fourteen (14) days following the date on which the contract was cancelled, for all sums paid.
This clause does not apply if the delivery delay is due to a force majeure event.
Special case of a parcel whose tracking number indicates “delivered” but which has not been received in the mailbox: if the Customer notices and informs the Seller that the parcel is not in their mailbox even though the tracking number indicates that it has been “delivered”, customer service may request additional information and an official document from the postal service responding to the Customer’s claim regarding the relevant tracking number.
The Seller will then make every effort to ensure Customer satisfaction, including, where appropriate, immediately resending the products at its own expense.
Article 7 – Right of Withdrawal and Withdrawal Form
The Consumer Customer has fourteen (14) working days from the date of receipt of the ordered Product to withdraw from the contract.
They must return any Product that does not suit them and request an exchange or refund without penalty, except for return shipping costs, within fourteen (14) days from receipt by Hovara Home of the refund request.
The Product must be returned in perfect condition, sealed where applicable and unused.
The Consumer Customer may use the standard withdrawal form below for an order placed on the Website, to be sent to Hovara Home.
It is understood that the Customer shall bear the cost of returning the Product in the event of withdrawal.
It is recommended that the Customer return the Product using a tracked shipping method.
Otherwise, if the returned parcel does not reach the Seller, it will not be possible to launch an investigation with the postal services to locate it.
The refund will be made using the same payment method chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller may use another payment method, and provided that the refund does not cause any costs for the Customer.
The Seller also reserves the right to defer the refund until receipt of the Product or until the Customer has provided proof of shipment of the Product, if such proof has not previously been provided.
In the event of depreciation of the Products resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
In accordance with Article L121-17 of the French Consumer Code, known as the “Hamon Law”, the Consumer Customer may use the following standard withdrawal form for an order placed on the Website:
Withdrawal Form
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of:
Hovara Home
Pablo Canu
17 rue de Ploërmel
44300 Nantes
France
Email: contact@hovarahome.com
I/we () hereby notify you of my/our () withdrawal from the contract relating to the sale of the goods below:
Order number:
Last name / First name:
Phone number:
Email address:
Postal address:
Reason for the claim:
Exchange* — please specify the desired product:
Refund* — please attach full bank details with IBAN and BIC where applicable:
Signature of the Customer(s), only in case of notification of this form on paper:
Date:
(*) Delete as appropriate.
Article 8 – Product Warranty
Legal provisions to be reproduced:
The legal guarantee of conformity applies independently of any commercial warranty that may be granted.
The Consumer may decide to invoke the warranty against hidden defects in the item sold, within the meaning of Article 1641 of the French Civil Code, unless the Seller has stipulated that it will not be bound by any warranty.
If this warranty is invoked, the buyer may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
The buyer has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period may not extend the extinctive limitation period beyond twenty years from the date on which the right arose, in accordance with Article 2232 of the French Civil Code.
All items purchased on this Website benefit from the following legal warranties provided by the French Civil Code.
Legal Guarantee of Conformity
The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and to be liable for any lack of conformity existing at the time of delivery of the Product.
The conformity guarantee may be exercised if a defect existed on the date the Product was taken into possession.
However, it shall be for the Customer to prove that the defect existed at the time the Product was taken into possession.
“In the event of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the Seller may not proceed according to the buyer’s choice if that choice entails a cost that is manifestly disproportionate compared with the other option, taking into account the value of the goods or the importance of the defect. In such a case, the Seller must proceed, unless impossible, according to the option not chosen by the buyer.”
Legal Warranty Against Hidden Defects
In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will proceed with an exchange.
If the Product cannot be exchanged, for example because it is obsolete or out of stock, the Customer will be refunded the amount of their order by cheque or bank transfer.
The costs of the exchange or refund procedure, including the return shipping costs of the Product, shall then be borne by the Seller.
Article 9 – Liability
The Seller, Hovara Home, cannot be held liable for non-performance of the contract due to the occurrence of a force majeure event.
Regarding Products purchased, the Seller shall not be liable for any indirect damages arising from these Terms, including loss of business, loss of profit, damages or expenses.
The choice and purchase of a Product or Service are the sole responsibility of the Customer.
The total or partial impossibility of using the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund or liability of the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness or the exercise of the right of withdrawal where applicable.
The Customer expressly acknowledges using the Website at their own risk and under their sole responsibility.
In any event, Hovara Home cannot be held liable for:
any direct or indirect damage, including loss of profits, loss of earnings, loss of customers or loss of data, which may result from the use of the Website or, on the contrary, from the inability to use it;
any malfunction, unavailability of access, misuse, incorrect configuration of the Customer’s computer, or use of an uncommon browser by the Customer;
the content of advertisements and other external links or sources accessible to Customers from the Website.
The Seller’s liability cannot therefore be engaged if the characteristics of the Products differ from the visuals displayed on the Website or if such visuals are incorrect or incomplete.
Article 10 – Force Majeure
In accordance with Article 1218 of the French Civil Code, force majeure or fortuitous events are considered to be events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence makes the performance of obligations completely impossible.
The occurrence of a force majeure event shall automatically suspend the performance of the order.
Beyond a period of ninety (90) calendar days, if the parties note the persistence of the force majeure event, the order may be cancelled by either party and the sales contract terminated.
For this purpose, the most diligent party must send the other party a registered letter with acknowledgement of receipt terminating the sales contract.
The effective date of termination shall be the date of first presentation of the letter.
In this case, neither party may claim damages, unless otherwise agreed by both parties.
Article 11 – Intellectual Property Rights
All elements of this Website belong to the Seller or to a third-party representative, or are used by the Seller with the authorisation of their owners.
All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Website are protected by copyright, trademark law, image rights and patent law.
No one is authorised to reproduce, exploit, redistribute or use, in any capacity whatsoever, even partially, any elements of the Website.
Any simple link or hyperlink is strictly prohibited without the express written consent of the Seller.
In all cases, any link, even tacitly authorised, must be removed upon simple request by the Seller.
Only use of the Website for private purposes is authorised, subject to different or more restrictive provisions of the French Intellectual Property Code.
Any total or partial reproduction of the Seller’s catalogue is strictly prohibited.
Any other use constitutes infringement and is punishable under intellectual property law, unless prior authorisation has been obtained.
Any reproduction, representation or adaptation of logos, textual content, pictograms or videos, without this list being exhaustive, is strictly prohibited and shall be considered infringement.
Any Customer found guilty of infringement may have their account deleted without notice or compensation, without such deletion constituting damage to them, and without prejudice to any subsequent legal action against them at the initiative of the Seller or its representative.
The trademarks and logos contained on the Website may be registered by Hovara Home or by one of its partners.
Any person who represents, reproduces, embeds, distributes or redistributes them may incur the penalties provided for under Articles L.713-2 et seq. of the French Intellectual Property Code.
Article 12 – Personal Data Processing
The Seller collects Customer data:
a) for the purpose of processing and tracking the Customer’s order on the Website;
b) for the purpose of contacting the Customer about various events relating to the Seller, including Product updates and customer relationship management;
c) for the purpose of collecting information allowing us to improve the Website and our Products, particularly through cookies.
The data collected is processed by the Website’s contractual service providers responsible for packaging and distributing ordered Products, as well as by the hosting provider Shopify Inc., whose servers are secure and protected by a firewall.
The data collected is kept by the Seller only for the time corresponding to the purposes of collection mentioned above and, in any event, for no longer than five (5) years.
In accordance with French Law No. 2018-493 of 20 June 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation, or GDPR, the Customer has the right to access, modify, rectify, delete or object, on legitimate grounds, to the processing of their data.
The Customer may exercise these rights by email at: contact@hovarahome.com.
Article 13 – Comments and Other User Submissions
If the Customer sends ideas, proposals or other materials, whether online, by email, by post or otherwise, collectively referred to as “comments”, whether at the Seller’s request or not, the Customer grants the Seller the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use, in any medium, any comment submitted by the Customer.
The Seller is not and shall not be required to:
maintain the confidentiality of comments;
pay compensation to anyone for any comment provided;
respond to comments.
The Seller may monitor, modify or delete content that it considers, at its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally reprehensible, or that infringes any intellectual property rights or these Terms and Conditions of Sale.
The Customer undertakes to write comments that do not violate the rights of third parties, including copyright, trademarks, confidentiality, personality rights or other personal or property rights.
The Customer undertakes not to write comments containing unlawful, defamatory, offensive or obscene content, and not to include computer viruses or other malicious software that could affect the operation of the Website or any associated website.
The Customer undertakes not to use a false email address, pretend to be someone else, or attempt to mislead the Seller and/or third parties as to the origin of their comments.
The Customer is entirely responsible for their published comments and their accuracy.
The Seller assumes no responsibility and accepts no liability for comments published by the Customer or any third party.
Article 14 – Independence of Clauses
If any provision of these Terms is deemed unlawful, void or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
These Terms replace all prior or contemporaneous written or oral agreements.
The Terms may not be assigned, transferred or sublicensed by the Customer.
A printed version of these Terms and any notices given electronically may be requested in judicial or administrative proceedings relating to these Terms.
The parties agree that all correspondence relating to these Terms may be written in English or French.
Article 15 – Applicable Law and Mediation
These Terms and Conditions of Sale are governed by French law.
The Website reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase using a prohibited, opposed, stolen or falsified bank card.
In this context, no attempt at amicable settlement will be accepted.
The fact that a clause of these Terms becomes void or unenforceable shall not affect the validity of the other provisions and shall not exempt the Customer from the performance of their contractual obligations.
Indemnity
You agree to defend, indemnify and hold harmless the Seller, its affiliates, officers, subsidiaries, successors, assigns, directors, agents, service providers, lawyers, suppliers and employees from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of your use of the Website or our Products and Services, your breach of the Terms, or your breach of your acknowledgements, agreements, representations, warranties and obligations herein.
National or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the Customer’s request.
The European Commission’s online dispute resolution platform may be accessed at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
The European Commission website describes the mediation process used and allows Customers to submit a mediation request online together with supporting documents.
The dispute may not be examined by the mediator if:
the Customer does not prove that they first attempted to resolve the dispute directly with the Seller through a written complaint;
the request is manifestly unfounded or abusive;
the dispute has previously been examined or is currently being examined by another mediator or by a court;
the Consumer submitted their request to the mediator more than one year after their written complaint to the Seller;
the dispute does not fall within the mediator’s area of competence.
Mediation is free of charge for the Customer.
If the Customer uses a lawyer, a third party of their choice or an expert at any stage of the mediation, they shall bear the related costs alone.
The mediator may not receive instructions from the parties or be paid based on the outcome.
Participation in mediation does not exclude the possibility of bringing proceedings before a court.
The parties remain free to submit their dispute to a judge within the framework of applicable legal provisions.
In the event of a dispute before a judge, jurisdiction shall be attributed to the competent French courts.
The Website reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase using a prohibited, opposed, stolen or falsified bank card or cheque.
In this context, no attempt at amicable settlement will be accepted.
The fact that a clause of these Terms and Conditions of Sale becomes void or unenforceable shall not affect the validity of the other provisions and shall not exempt the Customer from the performance of their contractual obligations.
Parts Warranty
The warranty is limited to 30 days following the purchase date under normal conditions of use and excludes any failure caused by an external factor.
Under these conditions, the Seller undertakes to replace the defective part.