The "Seller" hereinafter referred to as Hibisway, whose headquarters are located at 60 rue François 1er 75008 Paris. Hibisway SAS (RCS: 909 866 659) is responsible for the operation of the website, order taking, tracking, shipping and customer service.
ARTICLE 1 : GENERAL CONDITIONS OF SALE
These general terms and conditions of sale (the "Terms") govern all relations between Hibisway and the customers of the website "hibisway.com" (the "Site" or the "Website") which allows them to place orders for products to be delivered at home.
The full and complete adherence to the Conditions, developed below in fourteen articles, is necessary and indispensable to be able to place an order.
Consequently, the purchaser will not be able to prevail himself of an opposability on an unspecified clause, the placing of an order making office of an express acceptance of those.
They will therefore govern the relationship between Hibisway and any natural person of legal age or any legal entity, in connection with the sale of products offered on the Hibisway.com website, for delivery in the countries listed in Article 6 of these Terms. It is however specified that the provisions of the Consumer Code included in these general conditions of sale shall not apply to legal entities, public or private, acting or not for professional purposes, as well as to all natural persons acting for purposes within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when they act in the name or on behalf of another professional, in accordance with the preliminary article of the Consumer Code
Buyer will be referred to in this document as "you".
1.2 FULL CUSTOMER CAPACITY
You acknowledge that you have full capacity to enter into these Terms when you place orders on the Hibisway.com website.
1.3 LOGIN AND CUSTOMER ACCOUNT
When you place your first order, you choose and enter a username and a password. An authentication control of the identifier is then carried out by our site. This password, strictly confidential, will be asked to you with each transaction.
You agree to take care of this ID. You must report any loss immediately in writing to avoid liability.
If you lose or forget your password, you will be able to renew it by clicking on "Forgot your password" and entering your email address. You will receive an email with a link to reset a new password once your email address is recognized.
You can also place an order without creating a customer account. You will then be asked for the information only necessary for this order.
1.4 MODIFICATION OF THE GENERAL CONDITIONS OF SALE
Considering the possible evolutions of the Site, Hibisway reserves the right to adapt or modify at any time, the present Terms and Conditions. The new general sales conditions will be brought to the customer's attention by an online modification and will be applicable only to sales made after the modification.
ARTICLE 2 : Hibisway products
The list and characteristics of the products offered on the Hibisway.com website may be modified and adapted at any time to better meet your expectations and/or according to available stocks.
The recipes of our products are likely to be improved over time, and customers will be informed as soon as this is the case on our social networks and/or on our website hibisway.com.
Product information is available next to each product, as well as allergens. These indications are intended, without being exhaustive, to inform you in the most complete way possible on the essential characteristics of the products.
The products offered on the Site comply with French legislation and standards applicable in France.
The products are offered for sale, at the prices and conditions mentioned, as long as they are present on the Site (within the limit of available stocks).
ARTICLE 3: THE PRICE OF HIBISWAY PRODUCTS
The selling prices of the products marketed on the Site are expressed in euros, all taxes included (TTC), excluding any customization and shipping costs. They take into account the French VAT in force. Any change in the French VAT rate will be immediately reflected in our prices.
The commercial offers indicated on the Site are valid only for the products indicated on the Site and within the limits of available stocks. The available offers cannot be combined with each other, nor with any other offer or loyalty program running on the Site.
The prices charged are those in effect on the day of the order.
If you have created a customer account ("online sales account"), a validation email containing a summary of your order is sent to you and your invoice is also available on your customer account from the time your order is shipped. You can download and/or print it from the "My Orders" section.
If you do not have an online sales account, a validation email containing a summary of your order is sent to you when your order is shipped.
3.1 THE " BOX " OFFERS HIBISWAY
BOX Hibisway offers are proposed on our site to give the possibility to the customers to obtain a mixture of loukoums in a box called "box". The boxes are sold with a name according to the theme. The photos of the boxes are not contractual. The content of the boxes may change depending on the availability of the products and the change of the offers by Hibisway. The content of the "box" offers cannot be modified or personalized. In case of a shortage of several products that does not allow us to offer a box mentioned, the customer will be notified. He will be offered to benefit from this offer with the products still available. If the customer refuses, he will be refunded his purchase.
In no case the customer will be able to require that a specific product is contained in these boxes other than what is mentioned in the description.
As the Hibisway range of Turkish delight is constantly evolving, it is possible that the selection of products contained in the boxes is slightly different according to the orders. Nevertheless, in case of a major change in the offer of one of its boxes, Hibisway will communicate the changes on its website and its social networks.
ARTICLE 4: PLACING AN ORDER
4.1 ORDER REGISTRATION
Online orders can only be placed through the Hibisway.com website.
All the products ordered on the Site are the subject of a summary (your basket) you will then be invited during the validation to indicate the address of the delivery at home.
The payment of the price of the products makes your order final. This one cannot be cancelled or modified, subject to the application of the article 4.3 hereafter.
For personalized orders (custom-made trays, orders for ceremonies, events), the personalization of the order will be done in the form of an estimate made by Hibisway at the following email@example.com or firstname.lastname@example.org. A quote will then be sent to you; if you accept it, a payment link will be sent to you, and the order will be validated.
4.2 VALIDATION OF THE ORDER, PREPARATION OF THE ORDER
Hibisway informs you of the validation of your order. This validation is sent to you by email in which an order number is indicated.
All the information you provide when placing an order is binding and in particular those concerning the recipient of the order (name, address...) and any anomalies generated by this fact could not be charged to Hibisway in the event that it would be unable to execute the order and to complete it due to these anomalies.
Exceptionally, depending on available stocks, we may not be able to
:- validate your order. In this case, you will receive an email informing you of the absence of validation of your order and you will not be debited for the amount of it;
4.2.1 Packaging of the order
Once your order is prepared, it will be packed by us.
4.2.2 Order preparation time
The preparation time of the order is on average 1 to 2 working days.
It is possible that, depending on the periods of high activity, this period may be extended to 3 working days. You will be informed of this possibility before placing your order.
22.214.171.124 Express preparation
For urgent orders, you have the possibility to contract an "express preparation" option, which will allow your order to be shipped the same day if it is placed before 3pm. After 3pm, the order will be shipped the next morning. This option is subject to a fee and must be activated in the "shopping cart".
4.3 RIGHT OF WITHDRAWAL FOR CONSUMER BUYERS
4.3.1. In accordance with articles L. 221-18 et seq. of the French Consumer Code, the "consumer" buyer has a period of fourteen (14) clear days from the receipt of any product ordered on the Site to exercise his right of withdrawal from Hibisway for reimbursement. The buyer does not have to justify his reasons or pay any penalties.
The right of withdrawal may be exercised before the expiration of this fourteen (14) day period by sending a letter to Hibisway by email to email@example.com or by mail to Hibisway at 60 rue François 1er 75008 Paris. Hibisway will then send an acknowledgement of receipt of this withdrawal form. After the expiration of the fourteen (14) day period mentioned above, no retraction request will be accepted.
4.3.2 It is reminded that all products ordered on the site by a "consumer" buyer within the meaning of the introductory article of the Consumer Code may be subject to a right of withdrawal, with the exception of products designated by Article L. 221-28 of the Consumer Code. Indeed, according to this article, the right of withdrawal cannot be exercised in particular for contracts (i) for the supply of goods made according to the consumer's specifications or clearly personalized, (ii) for the supply of goods likely to deteriorate or expire rapidly and (iii) for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection. Since Hibisway products are prepared and cut to order, all Hibisway products meet this definition of "supply of goods made to the consumer's specifications or clearly personalized, (ii) supply of goods that are likely to deteriorate or expire quickly". No right of withdrawal can be exercised, once the order is notified "prepared for shipment", and this by virtue of the fact that a product being cut to order, its resale would be to the detriment of the customer who would not be able to enjoy a product of optimal freshness.
For products not prepared to order such as coffee, coffee service etc.. the conditions of withdrawal apply in accordance with the article mentioned above.
4.3.4. In case of exercising the right of withdrawal under the conditions of the present article, the price of the returned product(s), as well as the standard shipping costs of the initial order, will be refunded to the buyer. The refund will be made by Hibisway, using the same payment method as the one used by the buyer to place the initial order, within fourteen (14) days after the order is cancelled. In case of a partial refund of the order, the shipping costs will be refunded in proportion to the amounts refunded.
4.3.5. It is expressly understood that, in accordance with Article 1 of these general terms and conditions of sale, the right of withdrawal provided for in Articles L. 221-18 et seq. of the Consumer Code does not apply to legal entities, public or private, whether or not acting for professional purposes, as well as to all natural persons acting for purposes within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when they are acting in the name of or on behalf of another professional.
ARTICLE 5 : PAYMENT OF THE ORDER
The online payment is made in euros, cash and for the total amount of the order. It can be done either by credit card or paypal if this method of payment is available when ordering.
In order to bring you the most reliable and secure service, we have chosen the payment systems Stripe and Paypal. The entries are encrypted (SSL encryption) to circulate in complete security and confidentiality. No payment data is stored on our site. Your payment request is sent in real time to the secure payment system Stripe or Paypal (depending on the payment method selected), which ensures that your credit card is valid (no input errors, no opposition pending on your card), confirms the registration of your payment by issuing a transaction number, or informs you that the transaction is refused. Your account is then debited with the total amount of your order.
ARTICLE 6: TERMS AND CONDITIONS OF PRODUCT DELIVERY SERVICES
At the time of your order, depending on the products you order, several shipping services can be offered to you, subject to certain conditions set out below: two shipping methods are offered: either home delivery (standard or express), or delivery in a parcel relay.
6.1. Home delivery
The ordered products will be delivered in Metropolitan France (including Corsica) as well as in some European countries for home delivery (see Article 126.96.36.199 of the Conditions). The delivery takes place according to the indicative times indicated for each mode of delivery and at the address that you will have indicated at the time of your order on the Site. The delivery is constituted by the provision of the ordered product at the address that you will have indicated.
6.1.2. Delivery times
The delivery times are in principle those mentioned in these Conditions, they are given as an indication by the various carriers available for your order.
When you place your order, different delivery times may be communicated to you, particularly during periods of high activity.
In any case, in case of force majeure, the delivery time that has been communicated to you may be extended. If the ordered products are not delivered in the foreseen delays (for the deliveries with guaranteed delay), for any other cause than the force majeure or coming from your fact, the sale will be able to be cancelled at your request under the conditions foreseen in the articles L. 216-2 and L. 216-3 of the Code of the consumption. The sums paid at the time of your order will be restored to you at the latest in the fourteen (14) days which follow the date of denunciation of the contract, with the exclusion of any compensation or deduction.
6.1.3. Home delivery methods
188.8.131.52. Shipping to your home
Home deliveries are made by [Chronopost] or [Colissimo], at your choice.
We ensure the shipping at home in France including Corsica.
We also provide shipping to Belgium, Luxembourg, Switzerland, Italy, United Kingdom, Germany and the Netherlands. Since shipping is done from France, the carriers may differ depending on the country and additional fees may apply. The price of the delivery will be displayed on the delivery tab during the purchase before the finalization of the order.
The delivery costs, which will be adapted according to the delivery method chosen, and which may vary according to the composition of your basket, are indicated when you place your order.
The tracking of the order is done by the carrier. An email will be sent to you by the carrier when the package is picked up at Hibisway and when it is delivered to your home.
All the delivery times mentioned below are given as an indication, and are not guaranteed times (except for chronopost (24/48h) or the mention guaranteed can be registered). These are the times that the various carriers communicate. Any delay related to the delivery by the carriers chosen by the customer could not give rise to compensation of any kind.
The delivery time takes into account the preparation time in our workshops as well as the delivery time of the carrier. Orders are received from Monday to Friday (excluding holidays), so orders placed on Saturday and Sunday can be processed on Monday or Tuesday depending on the order of arrival of orders.
Working days of our workshops: Monday to Friday, excluding holidays.
Working days for carriers: Monday to Saturday, excluding holidays.
This table does not take into consideration the "express preparation" option which reduces the preparation time.
Preparation time (except during peak periods of activity)
Time of routing
According to the carrier
1 to 2 working days
2 to 4 working days
3 to 6 working days
Depending on carrier
1 to 2 business days
1 business day
2 to 3 working days
Relay parcel (Mondial relay, chronopost Shop2Shop, Colis Privé)
According to carrier
1 to 2 working days
2 to 5 working days (depending on carrier)
3 to 7 working days
You are responsible for the name and address information of the recipient of the order. This information must be precise, exact and complete (including the door code and floor if applicable) to allow delivery. Hibisway will not be held responsible for a return delivery due to an address error or an impossibility to deliver to the address indicated.
For all home deliveries, we ask that you ensure that the recipient or his representative is present on the day of delivery.
In the absence of the recipient or his representative, the carrier will leave a notice of passage at the delivery address with instructions on the steps to be taken to recover the package within a specified period. If the recipient or his representative does not collect the parcel within this period, the delivery will be considered completed and no refund or reshipment of the product to another address will be made. For reasons also related to the perishable nature of the product, it is strongly advised to go and withdraw it at the point of withdrawal indicated by the carrier within 24 hours provided with the notice of passage and an identity document. If the package is not picked up within the above-mentioned period, Hibisway cannot be held responsible for any deterioration of the products.
In the case where the delivery address indicated corresponds to a public establishment (e.g.: hospital...) or a private establishment (company, clinic, old people's home...) and that the parcel could not be given in person to the recipient, the delivery will then be regarded as carried out as from the moment when the parcel will have been given to the reception or the service of the establishment dedicated to the reception of the goods. Furthermore, it is your responsibility to ensure that the said establishment accepts the delivery of your order. Indeed, in the event that the establishment refuses to accept your order, given the failure of the recipient to meet his obligations and the perishable nature of the product, the delivery will be considered completed and no refund or reshipment of the order to another address will be made.
Chronopost (24/48h) and Chronopost Shop2Shop are two distinct services of the company Chronopost, the conditions of delivery time "Chronopost" guaranteed are not applicable to deliveries "Chronopost Shop2Shop". Thus, any delay in the indicative delivery time provided by "Chronopost Shop2Shop" shall not give rise to any reimbursement or compensation in any form whatsoever.
184.108.40.206. Delivery by courier
At the time of your order, a delivery by courier could be proposed to you, provided that :
-The products subject to the order correspond to products indicated on the site by a pictogram "delivery by courier";
-The delivery address that you will have indicated is included in the "delivery area" in Ile de France. You will have the possibility to check the eligibility of the postal code of the delivery address before putting your products in the basket.
The flat rate for this service is calculated according to the destination city
The delivery time by courier varies according to the chosen service: delivery in 24 hours minimum on a slot of 2 hours, or delivery on a given date and time slot. In the second case, you choose a date and a time of delivery among those which are proposed to you and which can go until 10 days after the date of the validation of the order.
You are responsible for the name and address information of the recipient. This information must be precise, accurate and complete (including the door code and floor if applicable) to allow delivery. Hibisway will not be held responsible for a return delivery due to an address error or an impossibility to deliver to the address indicated.
In the case where the delivery address indicated corresponds to a public establishment (e.g.: hospital...) or a private establishment (company, clinic, old people's home...) and that the parcel could not be given in person to the recipient, the delivery will then be regarded as carried out as from the moment when the parcel will have been given to the reception or the service of the establishment dedicated to the reception of the goods. Furthermore, it is your responsibility to ensure that the said establishment accepts the delivery of your order. Indeed, in the event that the establishment refuses to accept your order, given the failure of the recipient to meet his obligations and the nature of the products, the delivery will be considered completed and no refund or reshipment of the order to another address will be made.
For any delivery by courier, we ask you to ensure the presence of the recipient or his representative on the day of delivery. If the recipient of the order or his representative is not present, a reshipment will be possible at your expense within 7 days. Beyond this period, given the failure of the recipient to meet his obligations and the nature of the products, the delivery will be considered completed and no refund or reshipment of the order to another address will be made. Given the recipient's failure to fulfill his obligations, the non-delivery of the product or the refusal to pay new delivery charges will not result in any refund from Hibisway.
6.3 Transfer of risk
Hibisway assumes the risks of loss and deterioration of the products until the delivery of the products to the recipient. The delivery is the provision of the order at the address you have indicated for a home delivery or a parcel relay.
ARTICLE 7: Conditions of membership and application of the Hibisway program
The Hibisway program is brought to you by Hibisway
The purpose of these membership and application conditions is to define the rights of the customer benefiting from the Hibisway loyalty offer.
The purpose of the Hibisway loyalty offer is to give the Member access to information, news, exclusive advantages and discounts on products and services offered by Hibisway.com and only on the site.
Any hibisway product purchased from any location other thanwww.hibisway.comwill not be taken into account in the member's loyalty program.
7.1. ACCEPTANCE OF THESE CONDITIONS OF MEMBERSHIP and APPLICATION
The Member acknowledges having read these terms and conditions prior to joining the Hibisway loyalty program. The Member warrants that he/she is at least 18 years of age, and that he/she has full legal capacity to use this service. Any membershipto the loyalty programprogram implies acceptance of these terms and conditions without exception.
7.2. HIBISWAY LOYALTY PROGRAM MEMBERSHIP REQUIREMENTS
Membership in the loyalty program is free. The Member only needs to agree to join the loyalty program when registering or when ordering on the hibisway.com website by filling in the fields requested at least when registering: email address, name, postal code
The membership requirements for Hibisway.com are as follows:
-Be a natural person acting for personal purposes;
-Be of age;
-Be domiciled in Metropolitan France, Belgium, Luxembourg or Switzerland.
-Have a personal e-mail address.
Registration is done by creating an online sales account. The Member's account is strictly personal and cannot be used by third parties. A company cannot be a member of Hibisway.com.
7.3. CONDITIONS OF APPLICATION OF THE OFFERS
Only Hibisway Members have access to and can benefit from the offers offered in this program.
The validation of the offer is done automatically during the online purchase if the sale respects the conditions to benefit from the offer.
Offers may vary throughout the year and will be available to all Members who meet the specific application requirements for each offer. The description of each offer will be specified on the hibisway.com website. The Member will only be able to benefit from these offers if he/she fulfills these conditions.The offers cannot be combined with each other, nor with any other offer or Hibisway loyalty program.
Certain promotions will not give right to any bonus of fidelity (for example at the time of the commercial operations), the mention will be specified during the sale and in the basket.
The shipping costs do not give right to any loyalty points, loyalty points are only accumulated on hibisway products. In case of not being taken into account in the loyalty program, the mention will be explicitly specified.
The loyalty program will give the right with the accumulation of points to flat rate or percentage discounts, usable when the minimum set to use its vouchers is reached.
Each product eligible to the loyalty program will give once the order validated the right to a certain number of loukiz (loyalty points) mentioned on the product page. These loukiz can be exchanged for a voucher, once a minimum of 5€ is reached. This voucher can be used on all Hibisway products with no minimum purchase.
7.4. TERMINATION OF YOUR HIBISWAY MEMBERSHIP
The Member may terminate his membership to Hibisway and close his Member account at any time without notice. To do so, he/she must go to the "My Account" section on the Site. Unsubscribing from the Hibisway loyalty program (or customer account) will automatically result in the deletion of the offers that were reserved for him/her.
If the Member deletes his or her online sales Account, the deletion will automatically result in all benefits of his or her loyalty program being lost or obsolete without reinstatement upon re-registration.
Any breach of these terms and conditions, any abusive or fraudulent use of the benefits offered by Hibisway, or any behavior detrimental to the interests of Hibisway, will result in the deletion of the Member's account, as well as the cancellation of the current offers, without prior notice or compensation of any kind.
If Hibisway terminates the Hibisway Loyalty Program or if the member's membership is terminated, all outstanding benefits will be lost or obsolete.
7.5. MODIFICATION / DELETION OF THE HIBISWAY PROGRAM
Hibisway reserves the right to modify, suspend or terminate the Hibisway Loyalty Program and the terms and conditions of membership and application at any time, subject to prior notice to the Members by email. No modification or permanent termination of the Hibisway loyalty program shall give rise to any compensation to the Member for any reason whatsoever.
Nevertheless, Hibisway reserves the right to convert points to the new loyalty system in case of modification of the loyalty program, and this unilaterally, without any compensation. A delay will be given to members who wish to balance their loyalty account.
ARTICLE 8. CLAIMS
Hibisway does everything possible to satisfy you. In this context, if you have a complaint to make, you can :
-send it by email to the following firstname.lastname@example.org
If the product has not been delivered, for any reason other than force majeure or the cases mentioned above (absence of the recipient, erroneous information...), the sale may be cancelled and the buyer may obtain a refund of the amount of his order to the exclusion of any other indemnity or damages, under the conditions provided for in article L. 216-2 of the Consumer Code. The buyer will have to, in the first instance, enjoin Hibisway, by registered mail with acknowledgement of receipt or by another written document on a durable medium (electronic message for example) to deliver the product within a reasonable additional time. Only if Hibisway fails to deliver the product within this new period, the buyer may, in the same way, inform Hibisway that he is proceeding to the cancellation of the sale.
The refund will be made to the means of payment used at the time of the order within 14 working days from the receipt by our services of the letter or the writing of the purchaser informing him of the resolution of the sale, unless the delivery of the product was carried out between the sending of the letter by the purchaser and its reception.
When you place an order as a consumer, you benefit from the legal guarantee of conformity provided for in Articles L217-4 and following of the Consumer Code.
You have a period of two years from the delivery of the good to act: you can choose between repairing or replacing the good subject to the cost conditions provided for in Article L.217-9 of the Consumer Code and you are exempted from proving the existence of the lack of conformity of the good during the two years following delivery of the good.
This legal guarantee applies independently of any commercial guarantee that may have been granted.
You can also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and in this case, you can choose between the resolution of the sale and a reduction of price in accordance with Article 1644 of the Civil Code.
However, it is expressly understood that, in accordance with Article 1 of these Conditions, the legal guarantee of conformity provided for in Articles L217-4 et seq. of the Consumer Code does not apply to legal entities, public or private, whether or not acting for professional purposes, as well as to all natural persons acting for purposes within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when they are acting in the name of or on behalf of another professional.
In case of return of products, they must be accompanied by their proof of purchase, to the address that will be communicated to you by our customer service, indicating whether you want an exchange or a refund. To help us serve you better, please indicate the reason for your return on the back of the delivery slip.
The refund is made on the payment method used during the order. The refund period will not exceed 30 days from the receipt of your refund request.
In the event that the recipient of the order refuses delivery for a reason other than legitimate (hidden defects, non-conformity), the order will not be reimbursed, subject to the application of Article 4.3 above.
ARTICLE 9 : RESPONSIBILITIES
The indications relating to the products we sell, as they appear on the Site, are intended, without being exhaustive, to inform you as fully as possible about the essential characteristics of the products.
However, the colors can be altered by your screen (computer, smartphone, tablet, etc.) and we cannot contractually guarantee them.
The photographs on the Hibisway website are purely illustrative and Hibisway is not responsible for their accuracy.
Some products are also composed of ingredients that may differ according to the season (rose petals), the products may therefore be slightly different despite the same name, customers will be informed on the customer file of these particularities.
For customizable orders, Hibisway declines any responsibility in case of input error from you on the customization requests.
We are only bound by an obligation of means with regard to the operation and continuity of the service on the Internet. We could thus not see our responsibility committed for the disadvantages and damage which would result from the use of the Internet network such as a rupture in the continuity of the service, the presence of data-processing viruses or external intrusions or, more generally, any case qualified of cause beyond control such as defined with article 13.
The payment of the price of the products makes the order final, subject to the application of article 4.3. above, and Hibisway cannot be held responsible if the information related to the order is incomplete, insufficient or erroneous and would not have allowed the carrier to ensure the delivery or to leave a notice of passage.
With regard to the Hibisway loyalty program, Hibisway shall in no case be held liable for the non-performance or improper performance of the services to which thethe Hibisway loyalty programloyalty program, which is attributable to the Member, or to the unforeseeable and insurmountable act of a third party, or due to a case of force majeure. Nevertheless, Hibisway will make its best efforts in case of malfunction of the Hibisway programprogram to maintain the benefits of its offers to each Member.
ARTICLE 10: CUSTOMER FILE
The data collected by Hibisway on our Site are intended for us and are necessary for the management of your order, and for the management of our commercial relations. As a customer, you will receive our catalogs and commercial offers unless otherwise specified (right of objection).
Some data are optional for the processing of orders or the operation of the Hibisway site and our possible loyalty offers, it is up to you to fill in the field concerned.
This data is processed and stored under conditions designed to ensure its security. In accordance with Regulation (EU) 2016/679 on the protection of personal data, you have the following rights to your data: right of access, right of rectification, right to erasure (right to be forgotten), right to object, right to limit processing, right to portability. You can also define directives concerning the conservation, deletion and communication of your personal data after your death.
You may, for reasons relating to your particular situation, object to the processing of your data.
To exercise your rights, please send your letter to the following address
Hibisway, 60 rue François 1er 75008 Paris, or by email at email@example.com. Please attach a copy of your ID.
Subject to a breach of the above provisions, you have the right to lodge a complaint with the CNIL.
ARTICLE 11: PROHIBITION OF OFF-NETWORK SALES
Our products are intended to be sold only on our website or in stores that have a contract with Hibisway. Consequently, it is forbidden to buy our products on hibisway.com for resale outside these stores, especially on websites. In addition to infringing on our brands and the integrity of our products, such actions may lead to civil and, if necessary, criminal liability for their authors.
ARTICLE 12: INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademark and patent laws. By accessing the Site, you agree not to copy or download all or part of its contents, except with the prior and express authorization of Hibisway.
You are reminded that Hibisway is the owner of the Hibisway trademarks and their logos. You acknowledge Hibisway's exclusive rights to these trademarks and agree not to use them in any way or to infringe Hibisway's intellectual property rights. Hibisway reserves the right to claim damages in case of infringement of its intellectual property rights.
ARTICLE 13: FORCE MAJEURE
Hibisway is exempt from liability in all cases of force majeure, linked to irresistible, unforeseeable and external circumstances. In particular, the following are considered as cases of force majeure: any recognized disaster or bad weather; any pandemic and the consequences thereof; any governmental measures of a nature to restrict or prevent the proper performance of the services; any accident causing the unavailability of stocks or supplies, or the cessation of operations; strikes and lockouts, without it being necessary to investigate by whom the movement originated; lack of motive power or raw material resulting from a general cause, such as transportation stoppage, interruption of electric power, motor breakdowns; and any other cause suspending the production of goods, without it resulting from the will of Seller. The above-mentioned events occurring at the raw material supplier or at any other establishment on which the execution of the order depends shall also be considered included.
ARTICLE 14: APPLICABLE LAW AND DISPUTES
These Terms and Conditions are governed by French law.
In case of dispute, an amicable solution will be sought before any legal action. To this end, please contact our Consumer Service by mail at the following address: firstname.lastname@example.org Hibisway is a member of the ANM national association of mediators. In the event of a dispute which has not been resolved, you may have recourse to the mediation service of the ANM.
In the absence of an amicable solution, any legal action will be brought before the competent courts.
Date of last update: July 15, 2021