Terms of Sale
I GENERAL TERMS AND CONDITIONS OF SALE
1 - Scope of application
Any order implies the Customer's acceptance of the entirety of these general conditions of sale. The fact that the Seller deviates from any of the clauses of these general terms and conditions for a specific operation shall not be interpreted subsequently as a waiver of the benefit of this clause. The present general terms and conditions of sale govern sales between the Seller and the Customer, which implies unreserved acceptance of these terms and conditions.
2 - Contractual documents
The information provided on the Vendor's website or in the catalogue description sheets are the essential characteristics communicated by the suppliers.
3 - Orders - Formation of the contract
In the case of an order placed on the website, the Customer undertakes to comply with these general conditions of sale. The secure platform "Shopify", one of the leading e-commerce CMS on the market, does not allow the addition of a checkbox "I accept the general terms and conditions of sale", so these are available at the bottom of each page of our site and also during the entire payment process at the bottom of the page, in particular below the payment validation button. The Seller reserves the right to request, before shipping the order, supporting documents such as an identity document (ID card, passport, ...) and proof of residence at the delivery and/or billing address (rent receipt, electricity bill, ...). In the event of non presentation of the said documents, the Seller may be obliged to cancel the order without notice.
4 - Price
The prices indicated on this site include postage and packing.
For a B2B purchase, please contact us before placing the order.
5 - Payment
The payment of the purchases is done either by bank cards (Visa, Eurocard - Mastercard, American Express or Aurore) or by Paypal. When a payment is made, the Vendor will only proceed with the delivery after confirmation of the payment.
6 - Cancellation clause
In the case of a purchase by a company or an administration and in the event of non-payment, the sale will be cancelled by operation of law and may give rise to the right to claim damages from the Seller. The amount of these damages is established at the amount of the cancelled sale.
7 - Warranty
The products sold on the website www.HAPYLL.com benefit from the legal guarantee of conformity provided by articles L.217-4 and following in the case of defects in conformity of the goods with the contract, and L 111-1 and R 111-1 of the Consumer Code and the legal guarantee against hidden defects affecting the products delivered and making them unsuitable for use provided by articles 1641 and following of the Civil Code in the case of hidden defects in the thing sold.
The guarantee applies to all physical products on the site, in particular
The warranty does not apply to the following products:
Products purchased elsewhere than on the website www.HAPYLL.com.
When the consumer acts under the legal guarantee of conformity, he/she has a period of two (2) years from the delivery of the goods to act; he/she can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L.217-9 of the consumer code (if neither of these solutions is effective within one month from the date of the consumer's complaint, the latter may demand a refund.
The consumer is exempted from proving the existence of the lack of conformity of the goods during the six (6) months following the delivery of the goods. This period is extended to twenty-four months as from 18 March 2016, except for second-hand goods; When exercising the legal guarantee of conformity, no costs may be charged to the consumer; The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted; The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
We strongly encourage you to check the quality of the products received upon receipt. If the product has any defects or has been damaged in transit, please contact us as soon as possible at contact@HAPYLL.com with photos and your order number. We will then do what we can to help you. If you delay in contacting us, it will be more difficult for us to confirm whether the problem you are experiencing is an original defect or a result of your use.
What will we do if a product is defective?
HAPYLL will replace the product with a new one of the same model at no cost to the buyer.
How long does this warranty last?
This warranty lasts two (2) years from the date of delivery. If the delivery date is not available, the warranty starts 7 days after the date of purchase.
What is not covered by this warranty?
This warranty does not cover problems/damage resulting from:
Damage due to daily use,
Intentional modifications to the product,
Products sold by an unauthorized seller,
Products not manufactured by HAPYLL (counterfeit, etc),
Theft or loss of the product,
Abnormal use of the product.
How to benefit from this warranty?
To obtain what is due to you under our warranty, it is IMPERATIVE to contact us at the email address contact@HAPYLL.com before doing anything else. You will need to provide a valid proof of purchase and a minimum of two (2) photos so that we can better understand the situation, and determine the best solution. We do not accept unannounced returns of damaged products.
Limitation of liability
This warranty applies only to the products mentioned above.
Do not confuse a suppelemnt with a medical treatment, these 2 notions are by definition very different: a supplement is non-medical and aims to soothe and relieve, unlike a treatment which is medical and aims to cure (if possible). By simple definition, both the food and the supplement method are non-pharmacological, they are not medical treatments. However, the supplements have been shown in scientific and clinical studies to have a very positive effect on the feeling of pain, including relief and soothing. Even though the supplement method is not medical option and is non-pharmacological, the effects of the latter are recognised by professionals, scientists and users: thus the terms "relieve" and "relieving" are rightly used on our website.
According to the studies and testimonies we receive, the use of food and supplement method can soothe and relieve but we cannot guarantee that it will work for everyone as there are many other reasons why your pain could not be relieved, for example; its origin. Thus, the supplement, which is not a medical option, does not dispense with the follow-up of a health professional who will be able to diagnose the origin of your pain and also prescribe you a treatment for the cure if it exists.
8 - Returns & Exchanges
In accordance with the provisions of article L221-18 et seq. of the French Consumer Code, the non-professional individual Customer has a period of fourteen (14) working days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, with the exception of the cost of returning the Product, for the purpose of an exchange or refund. And in accordance with the provisions of article L.221-18 to L.221-28 of the Consumer Code.
However, provided that the Products are returned in their original packaging and in perfect condition within at least fourteen (14) days following notification of the Customer's decision to withdraw to the Seller:
The product and its packaging must be in perfect condition.
The product must be in its original packaging.
If applicable, the accessories must also be returned in perfect condition.
Incomplete, worn, damaged or soiled products will not be refunded. The same applies to products in sealed packaging that has been opened that cannot be returned for hygiene reasons, as the supplement sold is to be eat.
The right of withdrawal can be exercised:
By email to contact@HAPYLL.com;
Via the chat box available on the website www.HAPYLL.com
By withdrawal form (available in appendix 1)
On any other unambiguous medium notified to the attention of the Seller expressing the Customer's wish to withdraw while indicating the order number of the contract concerned.
For faster processing times, we strongly advise you to contact us on our website, as the processing times by post are much longer.
An acknowledgement of receipt will be sent to the Customer by the Seller. This acknowledgement of receipt will specify the procedures to be followed by the Customer.
Subscriptions to a monthly subscription can be cancelled at any time before payment, after payment cancellation for reimbursement of the order is not possible, in accordance with our general conditions of sale. Customers can cancel via their customer account on the www.HAPYLL.com website. For classic paymen: The Customer has fourteen (14) days from the communication of his decision to withdraw to return the goods in perfect condition if he is not satisfied.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs shall be reimbursed; the return costs shall be borne by the consumer. In the event of a partial return, the automatic reductions may be deducted from the price refunded (for example, automatic reduction of a screen protector when purchasing the shell).
The exchange (subject to availability) or refund will be made within fourteen (14) days of the seller being informed of the decision to withdraw.
In the case of a refund, it will be issued using the same means of payment as the one used by the consumer for the initial transaction, unless the consumer expressly agrees to another means of payment that does not incur costs for the latter.
The transport of the returned products is the responsibility of the Customer, consequently any damage suffered by a returned product will defeat the right of withdrawal as specified in this article.
As the Products can be returned by post due to their technical characteristics, it is the Customer's responsibility to contact the postal services to find out the amount of the return costs.
We advise the Customer to use a tracking number in order to be able to confirm the correct routing of the return.
In order to facilitate this procedure, we also advise the Customer to indicate his order number and his name / first name in the return package. Otherwise, it is possible that we will not be able to identify the Customer.
9 - Delivery time & Transport
Once your order has been placed, HAPYLL commits to send it within 1 working day subject to stock availability. This delay can be extended during busy periods (promotions, end of year celebrations, etc).
The maximum delivery time is 30 days from the day the order was placed. After this period, you can ask us for a refund. This does not apply to orders containing a product that is in the process of being pre-ordered (indicated on the site before placing the order). In the case of an order containing a pre-ordered product, if the order has not yet been dispatched, you may request a refund at any time. Otherwise, the maximum delivery time is also 30 days from the date of dispatch.
We ship orders from Monday to Friday. Orders placed on Saturdays, Sundays or public holidays will not be dispatched until the next working day. In case of stock shortage, HAPYLL will restock the product as soon as possible or refund the order.
If your order contains a product that is temporarily unavailable for sale (pre-order, low stock, out of stock etc.), the order will be put on hold until all products are available. You can contact us to send your order in two instalments, but you will have to cover the additional shipping costs.
We strongly advise the customer to check at the time of delivery and before signing the delivery note for any damage sustained during transport and conformity with the order. In this case, the customer has the right to refuse the delivery and to express his reservations on the delivery note. If the customer notices any damage strictly related to the transport after the departure of the carrier, we invite the customer to report it to the carrier.
In the event of a problem during delivery (damaged product, missing product, etc.), please keep everything you received (envelope, summary, invoice, etc.) in order to show us photos so that we can assist you. Failure to provide the required information will make it difficult for you to make a claim.
If the Customer makes a mistake in the destination address and a return shipment is made by the carrier, the costs of the return shipment are to be borne by the Customer. The name of the addressee must imperatively appear on the letterbox at the address indicated.
In the event of a return of mail for the reason "unclaimed package", the package/mail will only be reshipped after receipt of the reshipment costs, which must be borne by the Customer.
All orders placed on www.HAPYLL.com will receive a tracking number within a few days.
The delivery times below are strictly for information purposes and HAPYLL cannot be held responsible for the non-respect of the delivery times announced by third parties (carriers, La Poste, or any other subcontractor or supplier).
Estimated delivery time
The shipping time is 24h, then the estimated delivery time is between 2 and 5 working days.
If the order has not been delivered within 30 days from the date of dispatch of the order, and if this delay is not due to force majeure, the Customer may cancel the sale by contacting us by email at contact@HAPYLL.com
The sums paid by the Customer will then be refunded in full. If the Customer so wishes, the Seller may return the package free of charge instead of making the refund.
The Customer has a period of 70 working days from the date of dispatch of the order to report non-receipt and request the cancellation of the sale and the reimbursement of the items. After this period, no cancellation of the sale will be accepted.
10 - Reservation of ownership
The transfer of ownership of the goods will only take place after full payment of the price by the Customer, regardless of the date of delivery of said products. Payment shall only be deemed to have been made once the sums due have been collected in full. The transfer of the risks of loss and deterioration of the Vendor's products will be carried out as soon as the Customer takes possession of the said products.
11 - Force majeure
The Vendor cannot be held liable if the non-execution or delay in the execution of one of its obligations described in the present general terms of sale results from a case of force majeure. The latter is characterised by three criteria: exteriority in relation to the author, irresistibility and unpredictability.
12 - Competent court and mediation
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
For professional customers, in the absence of amicable resolution, the dispute will be brought before the Commercial Court of Paris - France. For customers/consumers who are natural persons, the rules laid down in the Code of Civil Procedure shall apply.
For consumer customers, in the absence of an amicable resolution, the customer may resort to conventional mediation. This recourse is free, confidential and optional in accordance with articles L 612-1 and following of the Consumer Code. You can contact "Le Centre de la Médiation de la Consommation de Conciliateurs de Justice" by e-mail: https://cm2c.net/ or by post: Le Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C) - 14 rue saint Jean 75017 Paris - France. Proof of membership is available by clicking here.
13 - Customer service
For any questions or information, an email address is available to the Customer: contact@HAPYLL.com
14 - Personal data
The personal data requested from the Customer is necessary for the processing of the order and the preparation of invoices. The Customer has the right to modify, rectify, withdraw and oppose any information concerning him/her, in accordance with the provisions of the CNIL (French Data Protection Authority), by writing to the address given at the top of this document.
When the customer transfers personal data to HAPYLL, he/she accepts that HAPYLL communicates them to its logistic partners (national or international) in order to carry out the contract. In no case will HAPYLL transfer the data for commercial purposes.
The telephone numbers collected on www.HAPYLL.com are not used for telephone canvassing but only to facilitate delivery - article L.223-2 of the consumer code obliges us to inform you that you can register to an opposition list by contacting us via our e-mail address contact@HAPYLL.com - this even if we do not use your number for canvassing but only to facilitate delivery.
15 - Miscellaneous
In the event that any of the clauses herein should be declared contrary to the law or otherwise unenforceable, such clause shall be modified or deleted without invalidating all of these general terms and conditions of sale.
16. Bank fees
Depending on the banks' policies and your banking situation (payment limit, bank overdraft, etc.). Your bank may charge you additional fees for which we are not responsible.
II LEGAL NOTICES
1 - Purpose
The present document determines the conditions of use of this Internet site owned by the company.
Any use of the site implies acceptance of this legal information.
2 - Collection of information
Under the Data Protection Act of January 6, 1978, HAPYLL undertakes not to communicate to third parties the personal data of the customer which are collected only for the proper management of orders, deliveries and invoices.
The customer has at any time a right of access, modification, rectification and deletion of information concerning him. To exercise this right, he/she can
either by sending an e-mail to contact@HAPYLL.com,
or send a letter to the address of the head office,
or log on to their user account from the home page of the www.HAPYLL.com website.
Furthermore, this site does not invisibly collect the personal data of its customers.
3 - Property rights
All elements of the website are the property of the company, excluding elements of partners. Consequently, HAPYLL reserves the right to modify the information on the site at any time and without notice.
4 - Brands
The trademarks and logos appearing on the site are third-party trademarks and must not be used for advertising purposes without the written consent of the owner of the trademark.
5 - Links to third party websites
Links to other sites are provided solely for convenience. By using these links, you leave the HAPYLL site. As HAPYLL is not responsible for the content of these third party sites, HAPYLL declines all consequences of their use. Access to these sites is under the sole responsibility of the user.
6 - Identification of the site editor
The website www.HAPYLL.com and the registered trademark "HAPYLL" are operated and published by the French company "EURL DIGITAL COMMERCE" whose registered office is located at: 66 avenue des Champs Élysées - 75008 PARIS - France - RCS: Paris B 882040629 - With a share capital of 1000€ - The company can be reached via the email address contact@HAPYLL.com or by telephone on 01 84 80 19 08. - The secure and encrypted hosting of the www.HAPYLL.com website is provided by Shopify Inc. whose registered office is located at 126 York St. Ottawa, ON K1N 5T5, Canada. The hosting company can be reached via the telephone number 1-888-746-7439.
7 - Liability
HAPYLL disclaims any legal or illegal use of the data provided by the site.
Annex 1: Withdrawal form
To be sent by email to contact@HAPYLL.com, via the chat or to the address of the company available in "II LEGAL MENTIONS - 6 - Identification of the site editor". For a much faster processing, we advise you to contact us by mail or via the chat.
I hereby notify you of my withdrawal from the contract for the sale of the goods below: ..........................................................................
Order number: ..........................................
Received on: ...........................................................
Customer name: ...............................................
Customer address: ............................................
Customer's signature: ........................................