Terms of Sales
Welcome to Sunday, let’s share some love and happiness around us 🙂
The Hopen Project Company (hereinafter the “Company”) is an SAS with a share capital of € 3,576.00, whose registered office is at 30 Cours du 11 Juillet, 33,000 Bordeaux and registered in the Trade and Companies Register. de Bordeaux, under number 811 939 453. The Company markets to its Customers via its Website, the following products: Remote control and Sunday Box.
The Company invites Users to carefully read these Terms and Conditions of Sale and Use (hereinafter the “GTC / GTC”). The placing of an Order implies the acceptance of the GTC / GTC. The characteristics of the Products are indicated on the Website. It is up to the Customer to take this into account before his purchase. The photographs or graphics presented on the Website are not contractual. The Customer acknowledges having read and accepted them by checking the box provided for this purpose before placing his Order online. The Terms and Conditions govern the conditions in which the Company sells its Products to its Professional and Consumer Customers via its Website. They apply to all sales concluded by the Company and are binding on any contradictory document, in particular the general conditions of purchase of the Customer. They are systematically communicated to the Customer who requests it. In the event of a later modification of the GTC / GTC, the Customer is subject to the version in force at the time of his Order.
“Customer” means the Professional or Consumer who has placed an Order for a Product sold on the Website; “Order” means any order placed by the User registered on this Site; “General Conditions of Sale and Use” or “GTC / GTC” means these general conditions of use and online sale; “Consumer” means the buyer who is a natural person who does not act for professional needs and / or outside his professional activity; “Products” means material things that may be appropriated and offered for sale on this Site; “Professional” means the buyer who is a legal or natural person acting in the course of his professional activity; “Site” means this website, that is, www.sunday.love “Company” means Hopen Project Corporation, more fully described in Section I hereof; and “User” means any legal or natural person who uses this Site;
Registration on the Site is open to all legal entities or physical majors and enjoying their full personalities and legal abilities. Use of the Site is subject to the registration of a User. Registration is free. To proceed with registration, the User must complete all the required fields; otherwise the registration can not be completed. Users guarantee and declare on their honor that all the information communicated on the Site, in particular during their registration, is accurate and in conformity. They undertake to update their personal information from the page dedicated to them and available in their account. Any registered user has a username and password. These are strictly personal and confidential and should in no case be the subject of a communication to third parties on pain of deletion of the account of the offending registered User. Each registered User is personally responsible for maintaining the confidentiality of his username and password. The Company will in no way be held responsible for the identity theft of a User. If a User suspects fraud at any time, he must contact the Company as soon as possible, so that the latter can take the necessary measures and regularize the situation. Each User, whether a legal person or a physical person, may only hold an account on the Site. In case of non-compliance with the GTC / GTC, including the creation of multiple accounts for one person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by ‘Offending user. The deletion of the account entails the definitive loss of all the benefits and services acquired on the Site. However, any Order made and billed by the Site before the deletion of the account will be executed under normal conditions. In case of deletion of an account by the Company for breach of the duties and obligations stated in the GTC / GTC, it is formally forbidden for the offending User to re-register on the Website directly, through another e-mail address. or by an intermediary without the express authorization of the Company. Orders
Any Order can be made only when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and carry out his Order by pressing the “Order” button. He must provide an address, a delivery method and a valid method of payment in order to finalize the Order and effectively form the sales contract between him and the Company. The finalization of the Order implies the acceptance of the prices of the Products sold, as well as the terms and delivery times indicated on the Site. Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as relevant information relating to the delivery. The placing of an Order constitutes the conclusion of a distance sales contract between the Company and the Client. The Company may grant the Customer price reductions, discounts and rebates depending on the number of Products available on the Site ordered or according to the regularity of the Orders, according to the conditions set by the Company.
Products and prices
The Products subject of the GTC / GTC are those appearing on the Site and which are sold and shipped directly by the Company. The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale takes place within the limits of the available stocks of the Company. The latter can not be held responsible for stockouts or the impossibility of selling a product whose stock is non-existent. When a Registered User wishes to acquire a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, inclusive of all taxes (VAT included), excluding postage and takes into account applicable reductions and in force on the day of the Order. The quoted price does not include the delivery costs which will be detailed if necessary in the summary before placing the Order. If the total cost of the Products is not calculable in advance, the Company will send the Client a detailed estimate setting out the price calculation formula. Under no circumstances will a User be able to demand the application of discounts no longer in effect on the day of the Order.
Unless otherwise specified, all sales are paid in cash at the time of placing the Order. Depending on the nature or amount of the Order, the Company remains free to demand a deposit or payment of the full price when placing the Order or upon receipt of the invoice. Payment can be made by: – Bank card via a secure connection. In the event of total or partial non-payment of the Products on the date agreed upon on the invoice, the Professional Client must pay the Company a late payment penalty at a rate equal to the rate charged by the European Central Bank for its increased refinancing operation. by 10 percentage points. The financing transaction selected is the most recent at the date of the Ordering of the Services. In addition to the late payment, any sum, including the deposit, not paid at the due date by the Professional Client will automatically produce the payment of a lump sum compensation of 40 euros due for recovery costs. In the event of total or partial non-payment of the Products on the date agreed upon on the invoice, the Consumer Client must pay the Company a late payment penalty at a rate equal to the legal interest rate. No compensation may be made by the Customer between late penalties in the supply of the Products ordered and amounts owed by the Customer to the Company for the purchase of Products offered on the Site. The penalty payable by the Customer, Professional or Consumer, is calculated on the amount of the remaining sum due, and runs from the due date of the price without any prior notice being required.
The Products are delivered exclusively in the following geographical areas: – Metropolitan France, Corsica, Overseas. On the European continent: Delivery in all European countries. In North America: Delivery in all countries of North America. In South America: Delivery to all countries of South America. In Africa: Delivery in all African countries. In Asia: Delivery in all Asian countries. In Oceania: Delivery in all countries of Oceania. The Company undertakes to provide all material and human efforts to the Products delivered as soon as possible. These may vary depending on the customer’s geographical area, the chosen delivery method or the product order. In case of force majeure, the Customer may require the termination of the contract with the receipt of the Company, according to the same procedures, to make the company has not performed. In this case, the Customer will be refunded within 30 days. In the event that the customer is unable to meet the customer’s requirements, the Company will contact the Customer as soon as possible. In addition, the Company may not be held liable for reasons of high demand, such as, for reasons of high demand, due to the occurrence of an unforeseeable event , irresistible and beyond its control, – for facts attributable exclusively to the carrier responsible for delivery. The delivery is made, according to the customer’s choice of the Customer indicated by the Customer.
For all Orders made on this Site, the Customer has a right to complain about the delivery of the Product. It is his responsibility to check the apparent condition of the Products upon delivery. In the absence of reservations expressly made upon delivery, the Products are deemed to comply with the Order. To exercise this right of complaint, the Customer must send to the Company, at the address [email protected], a statement in which he expresses his reserves and claims, A claim that does not respect the conditions described above. The Company will repair, replace or refund the Product or its components as soon as possible and at its expense, subject to the physical possibility of repairing the Product or its availability in stock.
Right of withdrawal of the Consumer
The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in Article L.121-21-8 of the Consumer Code. To exercise this right of withdrawal, the Consumer sends a declaration to the address: [email protected] The Products must be returned in their original packaging and in perfect condition within 20 days from the notification of retraction to the Company by the Consumer. The direct costs of return remain the responsibility of the Consumer. He will be reimbursed for all the fees paid for the placing of the Order within 14 days following the Company’s acknowledgment of his declaration of withdrawal. The refund will be made by the same means of payment as the one used for the purchase.
Transfer of risks and ownership
The Company retains a right of ownership over the Products sold until full payment of the price by the Customer. It can therefore repossess these Products in case of non-payment. In this case, the down payments will remain acquired by the Company as compensation. For Professional Clients, the transfer of risks to the Customer takes place upon delivery of the goods to the carrier by the Company. For Consumers, the transfer of risk takes place upon delivery or when the goods are removed from the store when the Customer has chosen a delivery in the store.
Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.211-4 of the Consumer Code: “The seller is required to deliver a product that complies with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, installation instructions or the installation when it was charged to it by the contract or was carried out under its responsibility. “Article L.211-5 of the Consumer Code: “To be in conformity with the contract, the property must: 1 ° be fit for the customary use of a similar good and, where appropriate: – correspond to the description given by the seller and possess the qualities that it has presented to the buyer as a sample or model; – present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted. “Article 1641 of the Civil Code:” The the seller is bound by the guarantee for reasons of hidden defects in the thing sold which renders it unsuitable for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would not have given a lower price, had he known them. ” Any resale product that has been altered, modified or converted is not covered by the warranty. This is limited to replacement or refund of non-compliant or defective Products. It is excluded in case of misuse or abnormal use of the Product as well as in case the Product does not comply with the legislation of the country in which it is delivered. The Customer must inform the Company of the existence of defects within a period of two years. The Company will rectify Products deemed to be defective as far as possible. If the Company’s liability is withheld, the guarantee is limited to the amount of VAT paid by the Consumer for the supply of the Products. The replacement of the Products does not have the effect of extending the duration of the warranty.
The Company reserves the right to modify the Website, the GTC / GTC as well as any delivery procedure or other component of the services provided by the Company through this Site. When an Order is placed, the User is subject to the stipulations set out in the GTC / GCU in effect when placing the Order.
Computers and Freedoms
In accordance with the law of January 6, 1978, the personal data requested from the Customer are strictly necessary for the processing of the Order. They can be communicated to the partners in charge of the execution of the Orders. The User may therefore be required to receive information or commercial offers from the Company or its partners. This data processing has been declared to the CNIL. In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and in writing. justifying his identity, at the following address: [email protected] The User may at any time oppose the receipt of commercial offers, by writing to the address indicated above, or by clicking on the link provided for this purpose in the emails received. To enable its Users to benefit from an optimal navigation on the Site and a better functioning of the different interfaces and applications, the Company may place a cookie on the User’s computer. This cookie makes it possible to store information relating to the navigation on the Site, as well as any data entered by the Users (including searches, login, email, password). The User expressly authorizes the Company to deposit on the hard disk of the user a so-called “cookie” file.
The User has the option to block, modify the retention period, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User’s browser prevents him from using certain services or functionalities of the Site, this malfunction can not in any case constitute damage for the member who can not claim any compensation for this fact.
The Company can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and although it uses all its means to ensure the service at all times, it may be that be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.
As previously stated herein, the Company can not be held liable for late delivery for reasons beyond its control, beyond its control, unforeseeable and irresistible or for which it can not be held responsible.
The trademark, the logo, and the graphic charter of this Site are trademarks registered with the INPI and works of the mind protected by copyright, the property of which is the exclusive property of the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.
The law governing the GTC / GTC is French law. Any dispute that may arise between the Company and a User during the execution of the present will be the subject of an attempt to resolve amicably. Otherwise, the disputes will be brought to the attention of the competent courts of common law.
Acceptance of the terms and conditions
The Customer or the User expressly accepts the Terms and Conditions. The Customer declares to be aware of it and waives any other document, including its own terms and conditions of purchase. The Consumer acknowledges having knowledge of the information and information provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular: – the essential characteristics of the Product; – The price of the products ; – the date or the deadline at which the Company undertakes to provide the Service; – information relating to the identity of the Company (postal, telephone and electronic contact details); – information on legal and contractual warranties and how they are implemented; – the possibility of resorting to a conventional mediation in case of litigation; – the information relating to the right of withdrawal (deadline, methods of exercise).