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Policy

The following provisions establish the general conditions of sale of the products offered by the Holi company on its website at the following address: www.holiholi.fr. Holi is a company with a capital of €1000 whose head office is located at 31 bis Boulevard Saint Martin and is registered with the Paris Trade and Companies Register under siret number 851 196 154 00013

By accepting the General Conditions of Sale, and by clicking on "Validate your order" means that you definitively confirm your order.

The Holi company makes it impossible to sell products without having first accepted the clauses below.

SECTION 1

Object

These conditions are intended to define the terms of sale between Holi and the customer, from the order to the services, including payment and delivery. They regulate all the steps necessary for placing the order and ensure the follow-up of this order between the contracting parties.

 

SECTION 2

P roducts

Holi aims to offer for sale clothing items and fashion accessories within the limits of available stocks. These products are those listed for sale on the day of consultation by the user. When the product is unavailable, it is displayed on the site, otherwise, in the event of an error, Holi undertakes to notify the customer by e-mail as soon as possible. If the product has already been paid for, Holi undertakes to reimburse the customer for the price of the item. The products offered for sale are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, Holi cannot be held liable. The photographs and texts illustrating the products do not enter into the contractual fields. The products offered for sale on the site are described according to their essential characteristics within the meaning of article L. 111-1 of the French consumer code. Holi aims to provide an optimal browsing experience and pays particular attention to the presentation of the products offered on the site. Due to the display settings of each computer, the colors of the products displayed in the photos on the website may differ slightly from the actual color. Holi cannot be held responsible for these discrepancies. Product descriptions and product prices are subject to change at any time without notice. The products are intended for personal use and are not intended for resale. When placing an order, the customer agrees to purchase the products for personal use and not to resell them.

SECTION 3

Product prices

The prices are indicated in Euro. They take into account the French VAT, applicable on the day of the order. If the VAT rate were to change, these changes would be reflected in the price of the items. Holi reserves the right to change its prices at any time. However, these prices could not be modified once the order has been validated. The prices indicated do not take into account the shipping costs which will be added to the total of the order and will be specified to the customer during the final validation of his order. Delivery in mainland France takes place within an average of 2 to 5 days from receipt of the order by Holi, notwithstanding any fortuitous event or force majeure which would delay delivery beyond the control and diligence of Holi. Its amount depends on the country of delivery and the mode of transport chosen. The products remain the property of Holi until full payment of the price.

SECTION 4

Registration of an order

Product Order Terms.

To place an order on the site, the customer must follow the following steps:

  1. Product selection: the customer selects the products he wishes to order.
  2. Check the contents of the selection: the customer checks the contents of the basket while being able to delete the selected product(s)
  3. Acceptance of GTC to access payment processing.
  4. Identification: the customer agrees to provide up-to-date, complete and accurate information regarding the order and, where applicable, the customer account.

If the customer does not have a personal account stored on the website:

The customer completes the identification form provided and enters the requested information (details required: e-mail, surname, first name, address and telephone number). The customer has the option of receiving e-mail alerts (to be informed of product availability or news of interest to the customer), newsletters and information from Holi.

If the customer has a personal account stored on the website:

The customer fills in his e-mail address and password to continue the order using his personal account.

  1. Choice of delivery methods: before choosing a delivery method, the customer is informed of the costs of the different options.
  2. Choice of method of payment: the customer chooses the method of payment according to the terms defined in article 5 of the GTC.
  3. Order verification: the customer verifies the contents of the order, the total price, the delivery and billing address, while retaining the possibility of changing the billing and delivery address.
  4. Order confirmation: the customer confirms the order after checking it by clicking on the 'order' button. To validate the order, the customer clicks on the complete order button.
  5. Acknowledgment of receipt of the order: upon receipt of the order by Holi, the customer receives an email confirming receipt of the order.
  6. Order processing: Holi Holi fulfills the order made through the website as soon as it is validated. If the product is not available, Holi undertakes to inform the customer as soon as possible by email or telephone.
  7. Dispatch of the order: once the order has been processed, the customer will receive a confirmation of the dispatch by e-mail accompanied by a summary of the order. “The amount of the order will be debited upon confirmation of the order. If a product is not available, Holi will inform the customer and refund within a maximum period of 14 days after the order has been placed.

SECTION 5

Payment and security of transactions

Holi accepts the following payment methods:
-Credit and debit cards
All credit and debit card transactions are handled by payment provider Stripe, a secure online payment portal that encrypts credit card information in a secure environment.
Payment can be made with the following credit cards: Visa, MasterCard and American Express. Payment can also be made with the following debit cards: Visa Electron and Maestro (provided that the customer card can be used to make online purchases).
The customer acknowledges that the communication of his credit card number is the authorization to debit his account up to the amount of the products ordered and all taxes included. The purchase amount will be debited during the shipping order.
The customer confirms that the credit or debit card that has been used is his or that he has been expressly authorized by its owner to use it. All credit and debit card holders are subject to validation and authorization checks by the card issuer.
If the card issuer refuses to authorize payment to Holi, the order will be cancelled. Holi cannot be held responsible for any fees or penalties that may be imposed by the payment provider in connection with payment made in accordance with your order.
-Paypal
By choosing the PayPal option, the customer will be redirected to the PayPal site: once connected, he will have to check the amount displayed before clicking on "pay now". Once the transaction is completed, the customer will be redirected to the website.

SECTION 6

Guarantees

All products can be exchanged or refunded except for those marked otherwise. The exchange or refund must be made within 14 days from the date of receipt and the return of the item(s) within this period must imperatively be accompanied by the original invoice, accompanied by the item in its packaging. at the following address: Holi, 31 bis boulevard Saint Martin, 75003 Paris . It is essential that the customer makes a return request by email (hello@holiholi.fr) so that Holi validates this request. The seller will refuse any damaged item that has not been the subject of comments or express reservations by the customer upon delivery. To be accepted by Holi, original items and packaging must be returned in their original condition without having been worn or washed. Only items returned in their original packaging will be accepted. Consequently, returns of washed and/or worn clothes or pajamas, as well as damaged boxes will be refused. Holi thus reserves the right to accept or refuse the returned item depending on its quality. All items are subject to a contractual guarantee, which does not preclude the legal guarantee provided for by articles 1641 and following of the Civil Code. The user benefits for the articles from a guarantee allowing him to return the defective articles delivered in accordance with articles L 211-4 and following of the Consumer Code                                                                     

The exchange


All items on the www.holiholi.fr site are exchangeable subject to stock availability. All you have to do is mention the item you want in exchange when you request a return. We will accept it upon receipt of your return, subject to availability. If the new order is for a higher amount, the customer must enclose payment of the balance by check with the exchange request. Conversely, if the amount of the exchange is less than the initial amount, the customer will receive a refund of the difference directly on his credit card. To return an item, simply follow these instructions:
- Send an e-mail to hello@holiholi.fr” so that Holi validates this return.
- Use the original packaging to return the product.
- Send your package to the following address: Holi, 31 bis Boulevard Saint Martin, 75003, Paris.       

The right of withdrawal cannot be exercised on personalized products (Article L121-20-2)

Article L121-20-2 ), for contracts for the supply of goods made to the consumer's specifications or clearly personalized or which, by their nature, cannot be returned.

                                                                                             

Reimbursement

Reimbursement can also be requested within 14 days from the date of receipt of your package, if it was purchased on the site www.holiholi.fr   Holi undertakes to reimburse within a maximum period of 30 days by credit card or check according to the customer's goodwill. If you wish to be reimbursed for your article, send an email to hello@holiholi.fr. Indicate your surname, first name, telephone number, order number and the reason for your return. Return the package by post to the Holi logistics center at the following address: Holi, 31 bis Bd Saint Martin 75003 Paris.                                               

Please note that we do not accept parcels sent postage due. Attention: You will be re-credited with the amount of your order, minus the initial delivery costs. However, the customer must return the item as it is in its original packaging and must be returned with the authorization of Holi and its return number included in the package giving a certain date for this shipment. All items are subject to a contractual guarantee, which does not preclude the legal guarantee provided for by articles 1641 and following of the Civil Code.

The right of withdrawal cannot be exercised on personalized products.

SECTION 7

Intellectual property

All elements of the Holiholi.fr site, such as the visuals, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of www.holiholi.fr. The user who has a website for personal use and who wishes to place, for personal use, on his site a simple link directly to the Holi site, must first seek authorization from Holi. On the other hand, any hypertext link referring to the Holi site and using in particular the technique of framing, deep-linking, in-line linking or any other deep linking technique is in any case strictly prohibited. In any case, any link, even tacitly authorized, must be removed upon simple request from Holi. Hypertext links may refer to sites other than www.holiholi.fr. The latter disclaims all liability in the event that the content of these sites contravenes the laws and regulations in force.

SECTION 8

Computing and Freedom

As part of the use of the website and the management of orders made through the website and according to its role as data processor, Holi collects and processes personal data relating to its customers. This information is necessary for the processing and follow-up of customer requests or orders, to better meet customer expectations, and to prevent any fraudulent use of payment methods or identity.                                                     

If the customer ticks the appropriate box when placing an order or subscribing to the Holi newsletter in the footer of the website, or placing an order, he or she will receive news and commercial offers from Holi . The personal data collected is as follows: surname, first name, e-mail address, postal address, telephone number, password and, where applicable, credit or debit card numbers.

The information specified as required is essential. Data collection is necessary to open an account and/or purchase a product. The execution of a contract to which the customer is a party, or the implementation of pre-contractual measures taken in response to his request, therefore constitutes the legal basis of the processing operation. In the absence of the required information, the customer's request cannot be processed. Subscription to the newsletter by the customer implies consent for the data to be processed. The customer then has the right to withdraw his consent under the conditions defined below. The customer can also unsubscribe at any time by e-mail by clicking on the unsubscribe link included in each mailing. The customer's personal information is sent for storage to a web host located outside the European Union, whose contact details are as follows:

Shopify Inc.
126 York St. Ottawa,
ON KIN 5T5
Canada.

Holi would like to point out that Canada is one of the countries that offers a sufficient level of personal data protection according to the European Commission.

The data collected on the website is exclusively for the use of Holi. The data may also be transmitted to persons acting under the authority and on the instructions of Holi, and to whom it may call, in particular within the framework of the execution of services and orders (including the management, execution, processing and payment).

Following an order from the judicial authorities or Holi may communicate this data to legally authorized bodies and authorities. Holi agrees to take all necessary precautions to ensure that its files are secure and its computer system is protected, and in particular to prevent the Customer's personal information from being corrupted, damaged or accessed by unauthorized third parties. access.

None of the personal data collected on the website is communicated or transferred to third parties for commercial purposes.

The personal data collected is kept for a period not exceeding the time necessary for the purposes for which it was collected and complies with the provisions of the simplified declaration n ° 48 promulgated by the French National Agency for Data Protection (CNIL ).

They are saved:

  • For customers: for a period of 3 years from:
    • the last purchase at Holiholi.fr
    • subscription to the newsletter or the last click on a hypertext link contained in an e-mail sent by Holiholi.fr
  • For non-customers: for a period of 3 years from the date of the last contact made by the party concerned. Holiholi.fr considers the following to constitute the last contact:
    • creation of an account without purchase;
    • subscription to the newsletter or a click on a hypertext link contained in an e-mail sent by Holiholi.fr
    • the last Login account.

Certain data will be kept for a period of 10 years in a restricted access archive for the sole purpose of allowing Holi to strictly comply with its legal obligations.

The customer's bank details are not supplied by Holi. Bank details are the responsibility of Adyen,

In accordance with the French data protection law of January 6, 1978 and the European data protection regulation of April 27, 2016, customers have the right to access, request, rectify, delete and restrict data. personal that concern them. The customer can also change all personal details in his web space by logging in with an email address and password.

The customer also has the right to object to the processing of his personal data due to the cause, or to such data being used for marketing purposes.

The customer also has the right to withdraw consent for the processing of data subject exclusively to the consent of the customer.

The customer also has the right to instruct the data controller on the fate of his personal data.

Finally, the customer has the possibility to request that his personal data be exported to a third party when he has consented to the collection of personal data, or when personal data has been collected in the context of the execution of a contract.

The customer can exercise these rights by communicating the necessary elements to his identification name, first name, e-mail, possibly the postal address or the telephone number), with the customer service: Hello@holiholi.fr

The customer also has the option of filing a complaint with the National Data Protection Agency (CNIL), which is the competent supervisory authority.

SECTION 9

 Cookies

When the customer browses the website, cookies and other tracers are stored on his computer. The site uses cookies and other tracers to offer the customer optimal navigation on the site and to offer targeted advertising adapted to his needs.

By continuing to browse the site, the customer accepts the use of these cookies and other tracers.

A cookie or tracer is a small text file saved on a computer when visiting websites or advertisements.

These files are specifically intended for the collection of information relating to navigation on websites and access to personalized services. These files are managed by Internet browsers.

When the website is viewed, the information relating to navigation on any type of device used by the customer (computer, tablet, smartphone, etc.) on the site can be saved in these text files, installed on the terminal used, subject to the customer's choice regarding cookies and other tracers, which may be modified at any time. Only the issuer of a cookie or other tracker can read or modify the information contained therein.

Cookies or other tracers are stored for up to 13 months.
The cookies and other tracers incorporated by Holi are essentially the following:

When the customer browses the website, one or more cookies and trackers from Holi's partner companies may be placed on his computer. Such as audience measurement companies. Cookies allow them to collect browsing information on terminals visiting the website.

The customer can block these cookies and trackers as follows:

For more information, the customer can visit the CNIL website: http://www.CNIL.fr/vos-droits/vos-traces/les-cookies/ .

SECTION 10

Tariffs

Any order placed on the site and delivered outside of France may be subject to any taxes and customs duties which are imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of an item are the responsibility of the customer and are his responsibility. Holi is not required to verify and inform its customers of applicable customs duties and taxes. To know them, it is up to the member to inquire with the competent authorities of his country. Disputes / Applicable law: The language of these general conditions of sale is French. This agreement is subject to French law. And in the event of a dispute with a customer, the French courts will have sole jurisdiction.

SECTION 11

ENTIRE AGREEMENT

These general conditions of sale and the order summary sent to the customer form a contractual whole and constitute the entirety of the contractual relations between the parties.

SECTION 12

Dispute

Applicable law - competent courts
The GTCs are subject to French law subject to more favorable provisions in another jurisdiction. Any dispute that may arise from the interpretation or execution of these general conditions of sale and its consequences will be subject to the exclusive jurisdiction of the French courts.

Mediation
The customer may refer all disputes relating to an order or these GTC with Holi to the mediator of the French Federation of Electronic Commerce (FEVAD) who will attempt, independently and impartially, to bring the parties together to reach an agreement at the amicable Solution.
To submit a request for mediation, the customer can use the complaint form available on the FEVAD Webs http://www.mediateurfevad.fr/index.php/espace-consommateurThe parties to the contract remain free to accept or reject the recourse to mediation and, in the event of recourse to mediation, to accept or reject the solution proposed by the mediator.

force majeure

The fulfillment of all or part of its Holi obligations will be suspended in the event of unforeseeable circumstances or force majeure within the meaning of article 1218 of the French Civil Code which prevents or delays their execution.

Holi will notify the customer of unforeseeable circumstances or force majeure within seven (7) days of their occurrence. If this suspension extends beyond a period of fifteen (15) days, the customer has the right to cancel the order in progress and to be reimbursed within 10 days of the date of cancellation.

Information

The website hosting provider is Shopify Inc. Head Office: 126 York St. Ottawa, on Kin 5T5, Canada.
For any question relating to the terms and conditions, the customer can contact Holi's customer service, by email at hello@holiholi.fr