TERMS AND CONDITIONS

Last update date: 12.07.2023

Article 1 – LEGAL NOTICE

This Site, accessible at the URL www.happyfunkyfamily.com, is published by :

The operator: Boscq Nathalie, residing at 2 avenue Foch, 59700 Marcq en Baroeul France French nationality, born on 17.03.1971 and at the initiative of the creation of SAS Happy Funky Family under the number of SIRET Siret 89396696000013

Le Site est hébergé par la société Dix-Onze inc., 335 rue Bickell, Québec G1K0H1, Canada.

The Directors of the publication of the Site are Nathalie Boscq and Caroline Filou Heukamp

Nathalie Boscq can be reached at the following telephone number +33 (0) 6 48 16 06 90 and at the following email address [email protected]

 

Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

The general terms and conditions of sale (the “General Terms and Conditions of Sale”, or the “GTC“) are applicable exclusively to the online sale of the products offered by the operator on the Website.

The GCS are made available to customers on the Site where they can be directly consulted and can also be communicated to him on request by any means.

The GCS are opposable to the customer who acknowledges, by ticking a box or by clicking on the button provided for this purpose, that he or she is aware of them and has accepted them before placing an order. The validation of the order by its confirmation is worth adhesion by the purchaser to the GCS in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.

Article 3 – DESCRIPTION OF PRODUCTS

The Site is a site for the online sale of personalised artistic works (hereinafter the “Product(s)”) open to any individual or legal entity using the Site (the “Customer”).

The Products presented on the Site are each subject to a description (drawn up by the Operator) mentioning their essential characteristics. Photographs illustrating, where appropriate, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, is on the Site or is sent at the latest on delivery. The Products comply with the requirements of French law in force.

The Customer remains responsible for the terms and conditions and the consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet service providers, which remain at the Customer’s expense. In addition, the Customer must provide and be entirely responsible for the equipment necessary to connect to the Site.

The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.

Article 4 – CREATION OF THE CUSTOMER AREA

To place an order on the Site, the Customer has the possibility to create his personal customer area.

If you create your personal customer area
Once created, to access it, the Customer must identify himself using his secret, personal and confidential login and password. It is the Customer’s responsibility not to communicate his or her identifier and password in accordance with the provisions of the PERSONAL DATA article of these General Terms and Conditions. Each Customer undertakes to maintain strict confidentiality with regard to the data, in particular the identifier and password, enabling him/her to access his/her customer area, the Customer acknowledging that he/she is solely responsible for access to the Service via his/her identifier and password, except in the event of proven fraud. Each Customer further undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his login and/or password.

After the creation of his personal customer area, the Customer will receive an email confirming the creation of his customer area.

The Customer commits himself during his registration to :

• to provide real, accurate, up-to-date information at the time of entering it into the service’s registration form, and in particular not to use false names or addresses, or names or addresses without being authorised to do so.
• keep registration data up to date to ensure that they are real, accurate and up-to-date at all times.

The Customer further undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or information constituting impersonation) or harmful (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer’s access to the Site at its sole discretion.

Article 5 – ORDERS

With the exception of any contrary mention appearing in these General Conditions and without prejudice to the right of retraction provided for by the applicable law, the Customer’s orders are firm and definitive.

At the time of placing an order, the Customer must select the Products chosen, add them to his or her basket, indicating the Products selected and the desired quantities. The Customer has the opportunity to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.

The Customer undertakes to read the General Terms and Conditions of Sale then in force before accepting them and confirming the terms and conditions and any delivery and retraction charges prior to payment of his order. Confirmation of the order implies acceptance of the GCS and forms the contract.

Contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is sent by e-mail to the Customer after validation of the payment and at the latest at the time of delivery. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer provided when validating his order (or to the email address that the Customer uses to identify himself in his customer area).

The Operator reserves the right not to validate the Customer’s order for any legitimate reason, in particular in the event that :

• The Customer would not respect the General Conditions in force at the time of his order;
• The Customer’s order history shows that amounts are still due for previous orders;
• One of the Customer’s previous orders is the subject of a dispute being processed;
• The Customer has not replied to a request for confirmation of his order sent to him by the Operator.

The Operator shall archive contracts for the sale of Products in accordance with the applicable legislation. By making a request to the following address [email protected]the Operator shall provide the Customer with a copy of the contract for which the request is made.

Any order modification by the Customer after confirmation of his order is subject to the Operator’s agreement.

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the responsibility of the Operator shall in no way be sought in the event that an error when placing the order would prevent or delay the delivery/delivery.

The Customer declares that he has full legal capacity enabling him to commit himself under these General Conditions.

Registration is open to adults of full age and to minors on condition that they act under the supervision of the parent or tutor holding parental authority. Under no circumstances is registration authorised on behalf of third parties unless they are validly authorised to represent them (e.g. a legal entity). Registration is strictly personal to each Customer.

In the event of failure by the Customer to comply with any of the provisions hereof, the Operator reserves the right to terminate the account of the said Customer without notice.

Article 6 – METHODS OF PAYMENT AND SECURITIES

The Customer expressly acknowledges that any order placed on the Site is an order with a payment obligation, which requires payment of a price against the supply of the Product ordered.

In any case, the Operator reserves the right to check the validity of the payment, before the dispatch of the order, by all necessary means.

The Operator uses the online payment solution by Stripe, PayPal or bank transfer.

Orders can be paid for using one of the following payment methods:

• Payment by PayPal e-wallet. The Customer already has an account on the e-wallet used by the Operator. The Customer can use this account and pay his order safely without giving his bank details.
• Secure payment by credit card with Stripe
• Payment by bank transfer. The Customer can pay for his order by bank transfer. When ordering, the Operator will communicate the details of the account to which the transfer is to be made, as well as the order reference to be indicated in the transfer order. Orders are processed within a maximum of 48 hours following receipt of the transfer.

Where applicable, the order validated by the Customer will only be considered effective when the secure banking payment centre has given its agreement to the transaction.

As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalise his order. These parts will not be used for any other purpose.

Article 7 – PAYMENT OF THE PRIZE

The price of the Products in force at the time of the order is indicated in euros, all taxes included (VAT included), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the advertising made for the promotion.

The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The proposed prices include any discounts and rebates that the Operator may be required to grant.

If delivery or transport charges apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. The total amount owed by the Customer and the details are indicated on the order confirmation page.

Article 8 – FORMATION OF THE CONTRACT

The contract between the Operator and the Customer is formed when the Customer sends confirmation of his order.

The Customer’s attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order, he must confirm it by the “double-click” technique, i.e. after having selected Products added to the basket, the Customer must check and possibly correct the contents of his basket (identification, quantity of products selected, price, delivery terms and costs) before validating it by clicking on “validate the order”, then he acknowledges acceptance of these Terms and Conditions of Sale before clicking on the “order” button, and finally he validates his order after making payment. The “double click” is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.

Archiving of communications, purchase orders and invoices is provided by the Operator on a reliable and durable medium so as to constitute a faithful and lasting copy. These communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.

The Customer does not have a right of withdrawal. Indeed, in accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for products made to the consumer’s specifications or clearly personalised.

Article 9 – RESERVE OF PROPERTY

The Operator remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.

Article 10 – SHIPMENT AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.

Delivery means the transfer of physical possession or control of the Product to the Customer.

The Operator offers you different modes of delivery or delivery depending on the origin of the product: depending on the country of origin of the product, a service provider in the country of origin will take care of the delivery.

The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order..

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a period of between 2 and 8 weeks according to the information indicated on the Product sheet.

Delivery times are announced in working days on the Site at the time of ordering. These times include the preparation and dispatch of the order as well as the time allowed by the carrier.

The Operator undertakes to dispatch the Products in accordance with the deadlines announced on each Product sheet and at the basket level, provided that the payment of the order has not been previously refused.

However, if one or more Products could not be delivered within the period initially announced, the Operator will send an email indicating the new delivery date to the Customer.

The Products will be delivered to the address indicated by the Customer at the time of his order. It is therefore up to the Customer to check that this address does not contain any errors. The responsibility of the Operator cannot be engaged if the address given by the Customer is erroneous, thus preventing or delaying the delivery.

On delivery, you may be asked to sign a receipt.

No delivery will be made to a P.O. Box.

Upon delivery, it is the Customer’s responsibility to check that the Products delivered comply with his order and that the package is sealed and undamaged. If this is not the case, the Customer must imperatively indicate this on the delivery slip. No claim on the quantity or condition of the Product will be accepted if the claim has not been made on the delivery slip.

Article 11 – RIGHT OF WITHDRAWAL

The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, particularly if the order consists of a contract:

• the supply of goods made to the consumer’s specifications or clearly personalised ;

Insofar as the customer is aware of an intermediate draft enabling him to judge whether the product ordered and custom-made is in conformity, the right of withdrawal does not apply.

By accepting the present General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the terms and conditions of withdrawal.

Article 12 – CUSTOMER SERVICE and AFTER-SALES SERVICES

The Customer may contact the Operator :

• in the next issue +33 (0) 6 48 16 06 90 to the following day and hours of Monday to Friday from 10 am to 6 pm.
• by email to hello@happyfunkyfamily.com indicating his name, telephone number, the subject of his request and the number of the order concerned.

Article 13 – INTELLECTUAL PROPERTY AND LICENSE OF USE OF THE SITE

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, animated or not animated images, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other intellectual property elements and other data or information (hereinafter, the “Elements”) which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or in return for payment, by a Customer or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the Operator’s express prior written authorisation on a case-by-case basis, and the Customer shall be solely responsible for any unauthorised use and/or exploitation.

The use of the original work resulting from the order can only be strictly personal. Any reproduction and/or representation outside the strictly personal framework is prohibited, except with the express and prior authorisation of the Artist, author of the work, and the Happy Funky Family.

Any person who contravenes this prohibition incurs criminal and civil liability and may be prosecuted, in particular on the basis of counterfeiting

ARTICLE 14 – LIABILITY AND GUARANTEE

The Operator shall not be held liable for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable fact of any third party hereto.

The Customer acknowledges that the characteristics and constraints of the Internet do not make it possible to guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating errors. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to develop their content and/or presentation.

The Operator cannot be held responsible for the use that would be made of the Site and its services by the Customers in violation of these General Conditions and for any direct or indirect damage that this use could cause to a Customer or a third party. In particular, the Operator cannot be held liable for false declarations made by a Client and for his behaviour towards third parties. Should the Operator be held liable for such behaviour by one of its Customers, the latter undertakes to guarantee the Operator against any sentence pronounced against it and to reimburse the Operator for all costs, in particular legal fees, incurred for its defence.

Independently of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the guarantee of hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the Civil Code, as in force on the date of these General Terms and Conditions of Sale :

Art. L.217-4 of the Consumer Code :

“The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was made at his expense by the contract or was carried out under his responsibility. »

Art. L.217-5 of the Consumer Code :

“The property is in accordance with the contract:

1° If it is fit for the use usually expected of a similar good and, where appropriate :

– if it corresponds to the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model ;

– if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;

2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter. »

It is recalled that the search for amicable solutions prior to any legal action does not interrupt the time limits for action of the legal guarantees nor the duration of any possible contractual guarantee.

ARTICLE 15 – CONSUMER OMBUDSMAN

In accordance with the ordinance n°2015-1033 of 20 August 2015, all disputes that may arise in the context of the execution of these general conditions and whose solution could not be found beforehand amicably between the parties may be submitted to the association of European mediators at the following address

ARTICLE 16 – PERSONAL DATA

For more information concerning the use of personal data by the Operator, please read the Privacy Policy carefully. You may consult this Charter at any time on the Site.

Article 16 – HYPERTEXT LINKS

The hypertext links available on the Site may refer to third party sites not edited by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Client uses these links, he will leave the Site and then agrees to use the third party sites at his own risk or, where applicable, in accordance with the conditions that govern them.

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or the content applying to or appearing on these third party sites.

Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
Furthermore, the Customer acknowledges that the Operator cannot guarantee, warrant or take over all or part of the conditions of use and/or the content of these third party sites.

The Site may also contain promotional hyperlinks and/or banners referring to third party sites not published by the Operator. The Operator invites the Customer to inform it of any hypertext link present on the Site that would allow access to a third party site offering content contrary to the law and/or morality.

The Client may not use and/or insert a hypertext link pointing to the site without the prior written agreement of the Operator on a case-by-case basis.

ARTICLE 17 – REFERENCES

The Customer authorises the Operator to mention the Customer’s name and logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).

ARTICLE 28 – GENERAL PROVISIONS

FULL AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing relations between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more stipulations of these General Terms and Conditions are declared null and void pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations shall retain their full force and scope.

In addition, the fact that one of the parties to these General Terms and Conditions does not take advantage of a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.

ALTERED CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to temporarily or permanently cease operating all or part of the Site.

In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Terms and Conditions before using the Site.

The Customer acknowledges that the Operator shall not be held liable in any way whatsoever to the Customer or any third party as a result of such modifications, suspensions or terminations.

The Operator advises the Customer to save and/or print out these General Terms and Conditions for safe and permanent storage, so that they can be invoked at any time during the execution of the contract if necessary.

COMPLAINT
In the event of a dispute, you must first contact the Operator’s customer service department at the following address [email protected]

PROPER LAW
These General Conditions are governed, interpreted and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER
The Customer acknowledges having read these General Terms and Conditions carefully.

By registering on the Site, the Customer confirms that he has read and accepted the General Terms and Conditions, making him contractually bound by the terms of these General Terms and Conditions.

The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which, dated to date, can be given to the Customer on request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator shall not apply to any order placed previously, unless the Customer who placed a given order has given his express consent.