Conditions of sale

General Terms and Conditions of Sale

humanwithattitude.com online store

 

1. Seller Identification

This website, www.humanwithattitude.com, is published by URBAN LUX Sarl, 1, rue Hoche 95100 Argenteuil.

The brand "Human With Attitude" is a registered trademark operated by URBAN LUX SARL.

Pontoise RCS registration number: 498801695.

Intra-community VAT number: FR65498801695.

After-sales service available by email: hello@humanwithattitude.com

 

2. General Provisions relating to the General Terms and Conditions of Sale, hereinafter referred to as "the GTC".

The GTC are exclusively applicable to the online sale of Human With Attitude products on its sole merchant site www.humanwithattitude.com. They are written in French, and in case of doubt concerning the interpretation of any translation, only the original French version shall prevail.

The GTC exclusively govern online sales contracts for products of URBAN LUX SARL (hereinafter, "the seller") to buyers who are consumers (hereinafter, "consumers"). Together with the order confirmation email, they constitute the sole contractual document. In no case can they hinder the exercise of the right of withdrawal available to the consumer.

The GTC are made available to consumers on the website www.humanwithattitude.com.

The consumer acknowledges having accepted all of the GTC without reservation by validating their order.

The validation of the order by its confirmation constitutes the buyer's adherence to the GTC in force on the day and at the time of the order. The retention and reproduction of the GTC are ensured by the seller.

The seller reserves the right to modify the GTC at any time, for all or part of the clauses, without warning and without having to pay any compensation to the consumer.

In the event of modification of the GTC, the applicable GTC are those in force on the day and at the time of the order by the consumer. A copy can be sent to them upon request by the seller.

The possible nullity of one of the clauses of the GTC does not entail the nullity of the GTC; only the clause deemed unwritten loses its effect.

The temporary or definitive inapplicability of one or more provisions of the GTC clauses by the seller shall not be deemed a waiver on its part of the other clauses of the GTC, which continue to produce their effects, to its possible advantage.

3. Products

Consumers who wish to do so can obtain additional information about a product by submitting a request to the seller's customer service.

Each product offered for sale on the site is accompanied by a description mentioning its essential characteristics, in accordance with Article L.111-1 of the Consumer Code.

A consumer who places an order without specific information about a product is deemed to accept it in the actual condition in which it will be delivered.

The illustrative photographs of the products do not constitute a contractual document. Differences may exist, including but not limited to, the actual color of the product, its apparent material, and finishes (fasteners, buttons, seams, etc.). The consumer cannot invoke a slight modification to request a refund or exchange of a product.

Product information is provided subject to typographical errors.

4. Price

In accordance with Article L.113-13 of the Consumer Code, the selling prices for each of the products offered for sale on the website www.humanwithattitude.com are indicated in euros, inclusive of all taxes, excluding delivery costs. These possible additional costs are mentioned before order validation and are invoiced separately.

The total amount due by the consumer for their order is indicated on the order confirmation page.

The seller reserves the right to modify its prices at any time, without prior notice, upwards or downwards.

In the event of a change in the price of a product after an order has been placed by the consumer, the selling price of the product is that in force on the day and at the time the order was placed by the consumer.

5. Offer

Online sales offers are available to all consumers located in France or in one of the European Union countries. Delivery is possible worldwide, with specific fees that may apply.

Online sales offers are valid while stocks last (unless otherwise specified for a particular duration).

6. Order 

Your order becomes final, as it appears on the screen, from the moment you validate it at the end of the ordering process.

Once payment has been made, a confirmation of your order and payment will be sent to you by email. The seller advises you to keep them, as they may be useful later. If you have not received an email, it may be in your spam folder or the email address provided may be incorrect. In this case, you can send an email to hello@humanwithattitude.com.

Please note, your order becomes final and binding from the moment you proceed with payment.

To place an order, the consumer must fill their virtual cart with the items they wish to order. To do this, they select the desired product, indicate its size and color if applicable, the desired quantity, and then click on "add to cart".

The customer is then redirected to a summary page of their choices, allowing them to verify their order and, if necessary, correct or modify it.

Once their choice is confirmed, they must click on the "confirm order" button. This second click constitutes full and unreserved acceptance of the GTC and forms the contract.

It is the consumer's responsibility to provide accurate and precise information when placing an order.

This information must enable the seller and the carrier to fulfill their obligations under the best conditions.

The seller is released from any liability in the event of an input error or partial or incomplete input by the consumer, regardless of the guarantees against hidden defects or the commercial guarantee legally benefiting the consumer.

The principle of pre-order is that the product is not yet manufactured. Production begins once the sale is complete.

For pre-orders, delivery times are indicated on the product page. They can vary between 1 and 4 months. The announced deadlines may be subject to change. The seller undertakes to inform the buyer. A change in deadlines does not constitute a reason for the buyer to cancel the order.

In the case of a Pre-order, the amounts paid in advance by the Customer do not constitute a deposit, within the meaning of Article 1590 of the Civil Code. 

If the minimum objective of a Pre-order campaign is not met, the seller will contact the Customer at the end of the campaign to announce their decision regarding a refund or production. In this case, the seller must refund the Customer within fourteen (14) days from the cancellation of the Pre-order.

Any order modification by the consumer after confirmation is subject to the seller's acceptance and the availability of the requested products.

The modification request can only be considered before the order preparation. The preparation time is generally 24 (twenty-four) hours, but it can be shorter and no guarantee can be given to the customer regarding this timeframe.

The seller is not obliged to take into account a late modification request (received after order preparation).

The seller reserves the right to refuse any order for legitimate reasons.

For example, an abnormally high quantity of items considering the buyer's status as a consumer may justify a refusal of the order by the seller.

The seller reserves the right to refuse any order from a consumer with whom there is an ongoing dispute (not yet definitively resolved).

In case of refusal, the consumer is fully reimbursed within a reasonable period, and in any case, within 30 (thirty) days.

 

In case of unavailability of one or more products in an order, the seller will inform the consumer within a reasonable period and offer a product of equivalent quality and price. If the consumer wishes, they may be reimbursed or receive a credit note usable on the site.

7. Termination

The contract may be terminated by the seller in the following cases:

- Consumer's refusal to take delivery of the ordered products,

- Return to sender of the package due to imprecise information provided,

- Non-payment of the price (without prejudice to any possible legal action against the consumer).

In all the cases mentioned, other than the legal right of withdrawal, the amount of any deposits paid remains acquired by the seller as compensation.

8. Withdrawal

To exercise this right, the consumer must send an email to customer service  hello@humanwithattitude.com. This email must imperatively include the order number, the customer's first and last names, as well as all relevant information.

With return validation, the consumer returns the products to the seller.

The consumer will be refunded within 30 (thirty) days following the date of receipt of the products, provided that the products have arrived at the seller's premises in their original packaging, complete, in perfect condition, with their label, unworn, unwashed, and accompanied by the invoice. A return that indicates that one of these criteria is not met will not be accepted, and the product will be returned to the consumer.

The risks associated with returning a product are borne by the consumer. It is their responsibility to take all necessary measures to secure their return (packaging, protection). In case of an unregistered shipment not received by the seller, it is the consumer's responsibility to provide proof of receipt of the product.

Without this proof, no refund can be made. No refund will be made if the returned product has not arrived at the seller.

This is why we strongly recommend all consumers who wish to make a return to request recorded delivery with a signature upon receipt.

Proof of delivery is then established by the affixing of the URBAN LUX SARL company stamp on the recommendation slip or by the signature of the returns manager.

9. Payment

The price is due in full after order confirmation.

Payment is made on an independent secure platform via PayPal. In both cases, the consumer's banking information is not accessible to the seller. It does not transit through any of its servers. Only trusted third parties responsible for data encryption (PayPal) digitally process this information to ensure perfect transaction security and optimal protection of banking data.

 

 

10. Delivery

The seller undertakes to hand over the products to its carrier within 2-3 business days after full payment of the order has been received. This period is extended to 10 (ten) business days for the following periods: winter and summer sales, "flash" sales and private sales operations, end-of-year holidays (from December 1st to January 10th).

Delivery delays due to an external cause cannot give rise to the payment or claim of compensation from the seller.

Products are delivered to the address indicated by the consumer on the order form.

A consumer who accepts a product without making reservations to the carrier accepts it as is. They are then deprived of any possibility of making a complaint regarding the delivery.

In case of deterioration or partial loss of the product, the consumer must imperatively make reservations upon receipt on the delivery note, a duplicate of which is sent to the professional seller and, within 3 (three) days following this receipt, notify these reservations to the carrier by registered letter with acknowledgment of receipt, in accordance with Article L. 133-3 of the Commercial Code.

If the product does not comply with the order, the consumer must send a complaint to the professional seller in order to obtain the replacement of the product or, possibly, the resolution of the sale.

 

10.1 Unclaimed package

 

In case of non-collection of a package at a relay point within the allotted time or failed home delivery, the package will automatically be returned to our warehouse.

Upon receipt of the package, the customer may choose between:

• The re-shipment of the order: We will cover the cost of re-sending your order if you benefited from free delivery. Otherwise, the new delivery will be at your expense.

• The refund of the order, minus return costs set at €5.50 for France (variable depending on the country for other destinations).

The customer will receive payment instructions for the return shipping costs by email. The new shipment will take place once payment has been validated.

In accordance with Article L221-18 of the Consumer Code, the customer benefits from their right of withdrawal within 14 days following the availability of the package. In this case, the refund will be made after deduction of return costs (Article L221-24 of the Consumer Code).

11. Guarantees

Legal guarantees

All products supplied by the seller benefit from the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

Under these guarantees, the seller undertakes, at the consumer's choice, to reimburse them or exchange defective products or products that do not match their order.

12. Liability

Exemption from liability

The seller's liability cannot be engaged in case of non-performance or improper performance of the contract due either to the act of the buyer, or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure.

Furthermore, as the seller is bound by an obligation of means, its obligation is deemed fulfilled as soon as it has handed over the package containing the consumer's order to the carrier.

It is then released from all liability in case of non-delivery of the product.

Proof of its obligation is provided by the production of the deposit slip of the packages to the carrier, signed by the latter.

Penalty clause

In all cases of non-performance of its obligations by the consumer, the deposit paid at the time of order, with the exception of the exercise of the legal right of withdrawal, remains acquired by the professional seller as compensation.

13. Termination clause

The cancellation of an order in the cases provided for in these GTC will be pronounced by registered letter with acknowledgement of receipt and will be automatically effective without legal formalities.

14. Intellectual Property

The elements reproduced on this site, which are the exclusive property of the publisher, are protected by copyright, trademark law, and patent law. All texts and images presented on the seller's online sales site are reserved, worldwide, under copyright and intellectual property rights; their reproduction, even partial, is strictly forbidden. This includes these general terms and conditions of sale.

Any reproduction or distribution of these elements, without prior written authorization from the publisher, exposes offenders to legal action.

15. Personal Data

The collection of personal data, its use for processing orders and creating customer files, and its dissemination to third parties responsible for the execution, control, and payment of orders, is subject to the consent of the person concerned.

The processing of personal data, which is kept by the publisher solely for the purposes of proper administration of orders and commercial relations, has been declared to the Commission Nationale Informatique et Libertés.

The consumer has at all times a right to access, modify, rectify, and delete personal data concerning them.

Personal data provided by customers is not otherwise disseminated to third parties.

Unless expressly opposed by the customer, it is integrated into the customer file of the company

URBAN LUX SARL.

In accordance with Law 78-17 of January 6, 1978, the customer has at all times a right to access and rectify personal data concerning them. To exercise this right, the customer must contact the company's customer service by email, phone, or mail.

16. Dispute Resolution, Mandatory Prior Conciliation Clause

In the event of a dispute between the seller and the consumer, the latter undertakes to initiate a conciliation procedure directly with the seller to resolve the dispute, without the intervention of a third physical or legal person.

This procedure replaces any other form of dispute resolution existing for a period accepted by the client of 30 (thirty) working days.

Complaints must be addressed to customer service: hello@humanwithattitude.com