SELLER CONTACT INFORMATION
Splash By Happy is a micro-enterprise operated by Ambre Harivel whose head office is located at 96 Résidence du Presbytère 14130 REUX registered with the RCS of Lisieux under number 979 174 406 (SIRET 979 174 406 00012) is exempt from intra-community VAT published and operated the website https://www.splashbyhappy.fr
Splash By Happy can be reached by e-mail: contact@splashbyhappy.fr
ARTICLE 1: GENERAL PROVISIONS
These General Terms and Conditions aim to define the terms of sale between Splash By Happy and adults with full legal capacity acting for their personal needs as customers with a view to placing an order via the site.
The T&Cs are made available to customers on the home page of the Site in the “T&Cs” tab where they can be directly consulted. The General Terms and Conditions can also be communicated by Splash By Happy upon simple request from the customer by e-mail.
All orders placed on the Site are subject to all of these General Terms and Conditions.
Splash By Happy also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click during any purchasing procedure. The Customer declares to have read all of these General Terms and Conditions, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation.
Splash By Happy reserves the right to modify these terms at any time by publishing a new version on its website. The T&Cs applicable then are those in force on the date of payment.
ARTICLE 2: THE PRODUCTS
The products offered for sale are those described on the site. Splash By Happy takes the greatest care in the presentation and description of its products to best satisfy the customer's information, so that the latter can know the characteristics of each product before placing the final order.
The products comply with the regulations in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market.
Product offers are valid in the absence of any specific duration indication, as long as they are visible on the Site, while stocks last.
Sales are concluded subject to the actual availability of the Products.
If the ordered product is unavailable, Splash By Happy immediately informs the customer and can offer them a product of equivalent quality and price or, failing that, a refund of the amount of the order.
Apart from the reimbursement of the price of the unavailable product, Splash By Happy is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
When the order concerns several products, the available products in the order will be delivered.
ARTICLE 3: PRODUCT PRICES
The selling price of the product is that in effect on the day of the order on the site.
The prices of the products are indicated on the site in euros, all taxes included, at the VAT rate applicable on the day of the order.
The sales price of the products does not include shipping costs invoiced in addition to the price, which will be indicated to the customer before validation of their order.
The total amount owed by the Customer is indicated on the order confirmation page.
In the event of promotional operations indicated as such on the site, Splash By Happy undertakes to apply the promotional price displayed on the site to any order placed during the period of the promotional operation relayed on the site.
Splash By Happy reserves the right to modify its prices at any time, while guaranteeing the customer the application of the price in force on the day of the order.
ARTICLE 4: PAYMENT
Payment for products purchased from Splash By Happy via the site is required in full at the time of ordering.
Payments are made by credit card (Visa / Mastercard / Carte Bleue / American Express) or by Paypal using the secure payment module integrated into the site, by a banking establishment.
The site is equipped with an online payment security system allowing the customer to encrypt the transmission of their banking data.
An invoice will be established by the Splash By Happy Company and sent with the products.
ARTICLE 5: ONLINE ORDER AND CONTRACT
In accordance with the provisions of article 1127-1 of the French Civil Code, taking an order on the site is subject to compliance with the procedure put in place by Splash By Happy, materialized by a succession of different steps that the customer must follow to validate your order.
To place an order via the website, the customer must click on the product of their choice presented on the Site, select the desired sizes and quantities, then click on the “Add to cart” icon in order to place the product in the basket purchases.
The customer will have the possibility, before definitively validating their order, to go to their shopping basket to see the summary of their order. Product sizes, colors and prices will be listed in the shopping cart.
The customer will also have the possibility, before definitively validating his order, to return to the previous pages and correct any errors and/or modify his order, before confirming it to express his acceptance.
The customer must read these General Terms and Conditions and accept them so that he can definitively validate his order.
By definitively validating the order, a contract is formed between the customer and Splash By Happy.
An email acknowledging receipt of the order and payment is sent to the customer as soon as possible, to the email address they provided during the order process.
Splash By Happy reserves the right to refuse any order if it is abnormal, placed in bad faith or for any other legitimate reason, which Splash by Happy deems legitimate.
Any order modification by the customer after confirmation of his order is subject to the express acceptance of Splash By Happy
ARTICLE 6: DELIVERY
The order will be shipped 2 to 5 days after the order placed by the customer (product manufacturing time).
Two delivery methods are available in mainland France:
A “home” delivery with a delivery time of between 2 to 3 working days once the order has been shipped by Splash By Happy. The customer will receive an email notification as soon as their order is shipped, with a tracking number allowing them to follow their package.
Delivery “to a relay point” with a delivery time of between 3 to 6 working days once the order has been shipped by Splash By Happy. The customer will receive an email notification as soon as their order is shipped, with a tracking number allowing them to follow their package
For orders outside mainland France, the delivery time of the orders is indicated during the order process, before final validation of the order, and may vary depending on the country of destination as well as depending on the delivery method chosen by the customer.
The products will be exclusively delivered in France and in the countries of the European Union.
Delivery is made to the delivery address indicated by the customer at the time and as part of their order.
The information provided by the customer when placing the order is binding on the customer.
Splash By Happy declines all responsibility for defects or delivery delays in the event of the customer's fault, in the event of an unforeseeable and insurmountable event of a third party to the contract or in the event of force majeure. In particular, the indication of an incomplete or incorrect address, or the failure to collect the package within the time limits provided for this purpose, is considered to be a fault on the part of the customer. In such cases, reshipping costs will be the responsibility of the customer. If the customer realizes an address error before shipping the order, he can send an email as quickly as possible to contact@splashbyhappy.fr before shipping so that Splash By Happy can regularize the order. issue.
Each delivery is deemed to have been made as soon as the products are made available by the carrier to the customer or to a third party designated by him, materialized by the control system used by the carrier. Unless proven otherwise, no dispute relating to the delivery itself will be possible if the package appears to have been delivered, the carrier's computer system being taken as proof.
In the event of an anomaly or damaged package: The customer is advised (but not obligatory) to notify the carrier at the time of delivery of any reservations about the packaging and, where applicable, the condition of the products (e.g. packages open) and possibly refuse the products and also notify Splash By Happy.
Any justified protest for damage or partial loss must in any case be notified as soon as possible to Splash By Happy and at the latest within three days, not including public holidays, following that of receipt of the Products by email to contact @splashbyhappy.fr without prejudice to the customer's exercise of his recourses against Splash By Happy under the conditions and limits provided for by law and these General Terms and Conditions.
In the event of a delay in shipping or delivery, the customer is strongly advised to report any delay in delivery to Splash By Happy as soon as possible. Splash By Happy will then carry out an investigation with the Post Office and/or Mondial Relay in order to locate the package.
In any case, the customer will have the option of resolving the contract if delivery of his order has not taken place on the delivery date which was initially indicated to him.
The exercise of this right of resolution is done in accordance with the provisions of article L.216-2 of the Consumer Code:
The customer must first, firstly, instruct Splash By Happy, by email sent to the following address contact@splashbyhappy.fr, to make delivery within a reasonable additional time.
If the products have not been received at the end of this new period, the customer can then subsequently terminate the contract according to the same terms, namely by sending an email to contact@splashbyhappy.fr.
The contract is considered terminated upon receipt by Splash By Happy of the written notice informing it of this resolution, unless Splash By Happy has executed it in the meantime.
However, the customer may immediately terminate the contract when Splash By Happy refuses to deliver on the delivery date initially indicated to the customer if this date constitutes an essential condition of the contract for the customer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the customer before the conclusion of the contract.
The risk of loss or damage to the products is transferred to the customer at the time he or a third party designated by him takes physical possession of the product(s) without distinction according to its/their nature.
The product, which is delivered to the customer by a carrier chosen by Splash By Happy, travels at the risk of Splash By Happy.
The product, which is delivered to the customer by a carrier chosen by him, travels at the customer's risk from the moment the goods are handed over to the carrier.
From the date of delivery, ownership of the product passes to the customer.
ARTICLE 7: WITHDRAWAL AND REFUND
In application of the provisions of article L.221-18 of the Consumer Code, the customer has the right to exercise his right of withdrawal without having to justify his decision or to bear costs other than those provided for in articles L. .221-23 to L.221-25 of the Consumer Code.
The withdrawal period expires fourteen days after the day on which the customer takes physical possession of the products resulting from his order.
In the event that several products are ordered by the customer using a single order but these products are delivered separately, the withdrawal period expires fourteen days after the day on which the customer or a third party other than the carrier designated by the customer takes physical possession of the last product resulting from his order.
In the event of exercising his right of withdrawal, the customer must express to Splash By Happy his clear desire to withdraw within the maximum period of 14 days mentioned above. He must send a request as long as it is unambiguous and send it by email to contact@splashbyhappy.fr. The burden of proof of exercising the right of withdrawal rests with the customer. When the customer has used his right of withdrawal by email, upon receipt of the customer's decision to withdraw, Splash By Happy will immediately communicate an acknowledgment of receipt to the customer by email.
In accordance with the provisions of articles L 221-18 to L221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for any item for which a manufacturing or delivery process is in progress.
The customer must then, without unjustified delay and, at the latest, within fourteen days following communication of his decision to withdraw:
Place the complete products that you wish to return, in their original packaging and in any case in a condition allowing re-marketing in new condition;
The customer must attach a copy of the purchase invoice or any other element allowing identification of the order in question.
Then put everything in a suitable packaging box guaranteeing the proper transport and safety of the products in order to send them back to Splash By Happy, 96 Résidence du Presbytère, 14130 Reux. The customer is strongly advised to return the package by any means which provides proof of its sending and gives it a certain date.
The customer may be held liable in the event of depreciation of the products resulting from handling other than that necessary to establish the nature and essential characteristics of the products.
If the right of withdrawal is exercised, the return costs will be borne by the customer. The customer must return the products by their own means and will choose their means of transport and delivery to return the products to Splash by Happy.
In the event of the customer exercising his right of withdrawal, Splash By Happy will reimburse the customer for all sums paid, including any delivery costs (with the exception of additional costs arising from the fact that the customer would have chosen, where applicable, a more expensive delivery method than the standard delivery method offered by Splash By Happy).
Reimbursement of all sums paid will be made to the bank account debited when ordering, as soon as possible and at the latest within fourteen days from the date on which Splash By Happy will have received all of the products intended to be returned.
The reimbursement of all sums paid to Splash By Happy will be deferred until recovery by Splash By Happy from the customer of all the products for which the right of withdrawal is exercised or until the customer has provided a proof of shipment of these products, the date retained being that of the first of these events.
This right of withdrawal is not applicable in the case of personalized or tailor-made products. Personalized or tailor-made products at the customer's request are neither exchangeable nor refundable.
ARTICLE 8: RESPONSIBILITY
Splash By Happy cannot be held liable for any reason whatsoever in the event of non-performance or poor performance of the contract due either to the customer's actions, or to the insurmountable and unforeseeable act of a third party to the contract, or in a case of force majeure.
Splash By Happy cannot be held liable for non-compliance of the product with legislation other than French law. It is up to the customer domiciled in a Member State other than France to check whether the product is not prohibited for sale in their country.
ARTICLE 9: GUARANTEES AND COMPLIANCE
All Products on sale on the Site benefit from the legal guarantee of conformity (L217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code).
Article L.217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L.217-5 of the Consumer Code: “The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L.217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »
Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known them. »
Article 1648 of the Civil Code, first paragraph: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
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. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
When acting under the legal guarantee of conformity, the customer:
Has a period of two years from delivery of the product to act;
Can choose between repair or replacement of the product, subject to the conditions provided for in article L.217-9 of the Consumer Code.
Is exempt from providing proof of the existence of the lack of conformity of the product during the twenty-four months following delivery of the product.
That the customer can assert the guarantee against hidden defects of the product sold within the meaning of article 1641 of the French Civil Code and that he can choose between the cancellation of the sale or a reduction in the sale price (provisions of articles 1644 of the French Civil Code)
In this case, Splash By Happy undertakes, at the customer's choice, to replace the product with an identical product based on available stocks or to reimburse the price of the product if the replacement of a product proves impossible or to reimburse part of it. of the price of the product if the customer decides to keep the product.
For any request regarding legal guarantees, the customer must contact Splash By Happy at the following email address contact@splashbyhappy.fr.
ARTICLE 10: DISPUTE AND MEDIATION
14.1 In the event of a dispute, the Customer must first contact Splash By Happy Customer Service at the following email address contact@splashbyhappy.fr. Splash By Happy will respond as soon as possible.
14.2 In any event, the customer will always have the right to refer the matter to a judge.
He may, at his choice, seize the courts of Lisieux (place where Splash By Happy resides), the courts of the place of actual delivery of the product or even the courts of the place where the customer resided at the time of the conclusion of the contract or the occurrence of the damaging fact.
14.3 In accordance with the provisions of arts. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he can resort to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code. In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will independently attempt to bring the parties together. with a view to obtaining an amicable solution.
ARTICLE 11 – PARTIAL NULLITY
If one or more stipulations of the General Conditions of Sale are held to be void, or invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations of the contract will remain all their strength and reach.
ARTICLE 12 – NON WAIVER
The fact that one of the parties to the General Conditions of Sale has not required the application of any clause, whether permanently or temporarily, can in no case be considered as a waiver of the rights of this party arising from said clause.
ARTICLE 13: APPLICABLE LAW
All clauses of these General Terms and Conditions, all transactions and purchasing operations carried out from the Site are subject to French law.
The nullity of a contractual clause does not result in the nullity of these General Terms and Conditions.
