Terms & Conditions
OVERVIEW
These terms and conditions (together with the information and policies contained in "Customer Service" pages and on the website and any other documents referred in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our website https://www.hedony.co, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them) and the other services that we provide (the "Service").
Please read these Terms and Conditions carefully and make sure that you understand them before using the Service. Please note that by using the Service, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Service and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
By visiting this site and/or purchasing any of our products, you are engaging in our "Service" and agreeing to be bound by the following terms and conditions ("Terms and Conditions"), including any additional terms, conditions and policies referenced and/or hyperlinked herein. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, are sellers, customers, merchants, and/or content contributors.
All new features and tools added to this shop in the future will also be subject to these Terms and Conditions. You can view the most current version of the Terms and Conditions of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Our shop is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - UNDERSTANDING THESE TERMS AND CONDITIONS
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to "HEDONY", "we", "us" or "our", we mean S.A.S. BELLEFONT or, where relevant, its affiliates. Where we refer to "you" or "your" we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
SECTION 2 - TERMS OF USE OF OUR ONLINE SHOP
By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
You may not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.
SECTION 3 - ABOUT US
We are S.A.S. BELLEFONT and, along with certain of our affiliates, we operate the Website. S.A.S. BELLEFONT is a company registered in France and our registered office is at 88 avenue Philippe Auguste, 75011 Paris, France. Our registered company number is 912460854 and our VAT number is FR 88912460854.
We, along with certain of our affiliates, provide the services through the website. Further details of the services we provide are set out in section 5 below. When you purchase products using the website, you are purchasing them from the third party retailers, brands or partner boutiques ("Partner(s)") named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent on behalf of the Partners, which are the principals. You are not purchasing the products from us. We are authorised by the relevant Partners to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. or through us as your agent. Further details about the products, the Partners and the contract between you and the Partners in relation to your purchase of the products are set out in the sections below.
SECTION 4 - TERMS AND CONDITIONS
We reserve the right to deny access to the Services to any person at any time for any reason.
You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our prior express written permission.
SECTION 5 - OUR SERVICE
The service we offer allow you to search through the Website and purchase products from a large number of Partner boutiques and brands worldwide. As part of the Service, we may also provide some ancillary services such as arranging delivery of the products, and providing you with customer service assistance. However, as stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you. Please also note that the delivery logistics service is being provided by the Partner or its affiliates to you and as such you are also entering into a contract for delivery services with the Partner. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products.
SECTION 6 - PARTNERS
As explained above, the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent and are authorised by the relevant Partner to conclude the contract with you on its behalf but we are not a party to that contract and you are not purchasing the products directly from us or through us acting as your agent. When you purchase products using the Website, we will receive payment from you and hold those funds on behalf of the relevant Partner, before transferring the relevant amount to the Partner once the products have been provided to you.
We request that all Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner to try and resolve the issue.
SECTION 7 - ORDERS, PRICES, PAYMENTS AND TAXES
By completing the check-out process and placing an order by clicking the "Place Order" or "Pay Now" button on the checkout page, you are offering to purchase the products from the relevant Partner (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner. All orders are subject to availability and confirmation of the order price, and we may need to cancel your order (or part of your order) if the product is either not available, or not available at the order price which is determined by the relevant Partner. If an item you ordered is out of stock, HEDONY may, at its discretion, source and place an order for the same item with another Partner on your behalf. Should HEDONY place such order on your behalf, we will notify you via email. After entering into the contract for the products with the Partner, the Partner will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon shipment of your order. Risk in the product will remain with the Partner and/or HEDONY (as applicable) until it is delivered to you at the address specified when you placed your order.
To order products you must be over 18 years of age and possess a valid method of payment. By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised to use your selected method of payment to place your order and that there are sufficient funds in the relevant account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).
(a) Formation of the contract between you and the Partner(s).
The identity of the Partner is shown on the order confirmation page when you place an order.
When you place an order, you will receive an email confirming receipt and acceptance of your order. The contract between you and the Partner will be formed when we send this confirmation email. All orders are subject to availability and confirmation of the order price, and we may need to cancel your order (or part of your order) if the product is either not available, or not available at the order price. If an item you ordered is out of stock HEDONY may, at its discretion, source and place an order for the same item with another Partner on your behalf. Should HEDONY place such order on your behalf, we will notify you via email. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the Partner.
(b) Pricing, availability and taxes.
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.
If you are viewing the Website from the European Union, the product prices advertised on the Website from Partners located within the European Union are inclusive of the VAT charged by the relevant Partner. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by the relevant Partner) will vary depending on the products that you have ordered and your delivery address. Please see the "Shipping & Delivery" page for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the "Total Cost" amount shown on the order summary page).
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner outside of your territory, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Partner have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order. Additional information is also available in the "Duties and Taxes" section of our Orders and Shipping page.
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.
(c) Payment.
When you submit your order, we carry out a standard pre-authorisation check on your payment method on behalf of the relevant Partner, and products will not be dispatched until the details you have provided are verified.
In the unlikely event that we or the Partner encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.
We reserve the right not to submit your order to the Partner, and the Partner reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
SECTION 8 - CHANGES TO SERVICE AND PRICES
Prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any portion or content of the Service) without notice and at any time.
We will not be liable to you or any third party for any change in price, suspension or discontinuance of the Service.
SECTION 9 - PRODUCTS OR SERVICES (if any)
The products We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's display of the images accurately reflects the true colour of the products.
Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy.
We reserve the right, but are not obligated, to limit sales of the products or Service offered on the Website to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service on the Website. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue offering any product at any time. Any offer of service or product made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
We do not allow Partners to offer flawed items or products of lower quality than the corresponding market standards for sale on the website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the Partner to process the return. Once the item is received by the relevant Partner, you will receive a full refund of the defective item, or alternatively a discount, replacement or repair for the item where possible, decided by us on a case by case basis. We will refund you any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned).
SECTION 10 - DELIVERY
The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, The Partners will deliver the order within 30 days after the date of dispatch. The Partners supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given, but there may be circumstances where delivery is delayed because of events beyond our (or the Partner) reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay. Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, including for Same Day delivery, are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by the Partner(s) so your order may arrive in multiple deliveries and at different times.
If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.
In certain circumstances our delivery partner may provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your package from a collection point nearby. By selecting any of these services, including through any default preferences you may have selected with the delivery partner separately, you acknowledge and agree that HEDONY, nor the Partner shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.
For more information, please consult our Shipping & Delivery page.
SECTION 11 - INTERNATIONAL DELIVERY
Details of the countries we deliver to can be found on our Shipping & Delivery page. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before placing an order. If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see section 7(b) (above) for more information on duties and taxes. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
SECTION 12 - CANCELLATION AND RETURNS
Cancellation Policy. Some of our brands and partner boutiques allow order cancellations before the order is prepared. Please note that if you have received an email indicating that your order is on its way, cancellation will not longer be possible, but you will be eligible for a return.
Returns Policy. Please see our Returns Policy.
SECTION 13 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place on the Website. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on our shop. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
SECTION 14 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or related to the use of such optional third party tools.
If you use the optional tools offered on the Site, you do so at your own risk and discretion and you should consult the terms and conditions on which such tools are offered by the relevant third party provider(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions.
SECTION 15 - THIRD PARTY LINKS
Some content, products and services available through our Service may include materials from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, product, service or other item accessible on or from such third party sites.
We are not responsible for any harm or damage related to the purchase or use of any goods, services, resources, content, or any other transactions conducted in connection with such third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to these third parties.
SECTION 16 - USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS
If, at our request, you submit specific content (e.g., to enter contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "Feedback"), you grant us the unrestricted right at all times to edit, copy, publish, distribute, translate, and otherwise use in any media any Feedback you send us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to Comments.
We may, but are under no obligation to, monitor, edit or remove content that we, in our sole discretion, believe to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments you post or that any other third party posts.
SECTION 17 - PERSONAL INFORMATION
The submission of your personal information on our shop is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS
There may be times when information on our site or the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any related website is inaccurate, at any time without notice (including after you have placed your order).
We are under no obligation to update, modify or clarify any information on the Service or any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the Service or any associated website should be taken as a basis for concluding that the information in the Service or any associated website has been changed or updated.
SECTION 19 - PROHIBITED USES
In addition to the prohibitions set forth in the Terms and Conditions of Use, you are prohibited from using the Site or its contents (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, independent, or Internet web site; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet; or (l) to download or collect any information or asset available on the site with intention to publish such information or asset without clearing intellectual property rights, with us and without obtaining our written consent and of our partners. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
SECTION 20 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We make no warranty or representation that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time we may discontinue the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an "as is" and "as available" basis for your use without representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
S.A.S. BELLEFONT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or similar damages, whether in contract, tort (even negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless S.A.S. BELLEFONT our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents referenced herein, or your violation of any law or the rights of a third party.
ARTICLE 22 - OTHER IMPORTANT INFORMATION
We reserve the right to close your HEDONY account or restrict future orders at any time in our sole discretion.
Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
Entire agreement - These Terms and Conditions or any other policies or operating rules we post on the Website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions). Any ambiguity as to the interpretation of these Terms and Conditions shall not be interpreted to the detriment of the drafting party.
Events outside of our control - We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our or the Partners reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our or the Partners’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Partners’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.
ARTICLE 23 - GOVERNING LAW AND JURISDICTION
Anything related to your order, use of the Websites or these Terms and Conditions are governed and construed in accordance with the laws of France.
The courts of France shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.
SECTION 24 - CHANGES TO THE TERMS AND CONDITIONS
You can consult the most recent version of the General Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 25 - CONTACT DETAILS
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at contact@hedony.co.