Conditions of sale – Human With Attitude

Conditions of sale

Terms of Sales
Online sales site humanwithattitude.com
  1. Name of seller
This site named www.humanwithattitude.com is published by URBAN LUX Sarl, 69, avenue Gabriel Péri 95100 Argenteuil.
Registration number with the Paris RCS 498801695.
Intracommunity VAT number: FR65498801695.
After-sales service can be reached by email: hello@humanwithattitude.com
  1. General provisions relating to the General Conditions of Sale, hereinafter referred to as “the General Terms and Conditions”.
2.1 Purpose of the General Terms and Conditions:
The General Terms and Conditions apply exclusively to the online sale of Human with attitude products on its merchant site only. www.humanwithattitude.com . They are written in French and in the event of doubt about the interpretation of a possible translation, only the original French version will prevail.
2.2 Scope of application of the General Conditions of Sale
The General Terms and Conditions exclusively govern online sales contracts for products from SARL URBAN LUX (hereinafter, “the seller”) to buyers who have the status of consumer (hereinafter, “the consumers”). Along with the order confirmation email, they constitute the only contractual document. Under no circumstances can they hinder the exercise of the right of withdrawal enjoyed by the consumer.
2.3 Availability and enforceability of the General Conditions of Sale
The General Terms and Conditions are made available to consumers on the site. www.humanwithattitude.com .
The consumer acknowledges having accepted all of the General Terms and Conditions without any reservation by validating his order.
Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day and time of the order. The conservation and reproduction of the T&Cs are ensured by the seller.
2.4 Modification of the General Terms and Conditions
The seller reserves the right to modify the General Terms and Conditions 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 General Conditions of Sale, the applicable General Conditions of Sale are those in force on the day and time of the order, by the consumer. A copy can be sent to him on request by the seller.
2.5 Severability clause of the General Conditions of Sale
The possible nullity of one of the clauses of the T&Cs does not result in the nullity of the T&Cs, only the clause being deemed unwritten losing its effect.
The temporary or definitive inapplicability of one or more provisions of the clauses of the General Conditions of Sale by the seller cannot constitute a waiver on his part of the other clauses of the General Conditions of Sale, which continue to produce their effects, to his possible advantage.
  1. Products
3.1 Characteristics
The consumer who wishes to do so can obtain additional information on a product by submitting a request to the seller's consumer service.
The products offered for sale on the site are each subject to a description mentioning their essential characteristics, in accordance with article L.111-1 of the Consumer Code.
The consumer who places an order in the possible absence of information on a product is deemed to accept it in the actual state in which it will be delivered to him.
The illustrative photographs of the products do not constitute a contractual document. Differences may exist, in particular but not exhaustively, as to the actual color of the product, its apparent material, the finishes (closures, buttons, seams etc.). The consumer cannot take advantage of a slight modification to request a refund or exchange of a product.
Product information is subject to typographical errors.
  1. Price
4.1 Sales price
In accordance with article L.113-13 of the Consumer Code, the sales prices are indicated for each of the products offered for sale on the site www.humanwithattitude.com , in euros, all taxes included, excluding delivery costs. These possible additional costs are mentioned before order validation, and are invoiced additionally.
The total amount owed by the consumer for their order is indicated on the order confirmation page.
4.2 Modification
The seller reserves the right to modify its prices at any time, without warning, upwards or downwards.
In the event of a change in the price of a product after placing an order by the consumer, the selling price of the product is that in effect on the day and time of placing the order by the consumer.
  1. Offer
Online sales offers are offered to all consumers located in France or in one of the countries of the European Union. Delivery is possible worldwide, with special charges which may then apply.
Online sales offers are valid while stocks last (unless specific duration is indicated).
  1. Order
Your order becomes final, as it appears on the screen, from the moment you validate it at the end of the order procedure.

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, they may be useful to you 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 on you from the moment you make payment.

6.1 Steps for concluding the online sales contract:
To place an order, the consumer must fill their virtual basket which collects the items they wish to order. To do this, he selects the desired product, indicates its size and color if applicable, the desired quantity, and then clicks on “add to cart”.
The customer is then redirected to a summary page of their choices which allows them to check their order, and possibly correct or modify it.
Once their choice is confirmed, they must click on the “validate order” button. This second click constitutes full and unreserved acceptance of the General Terms and Conditions and forms the contract.
It is the consumer's responsibility to provide accurate and precise information when placing an order.
This information must be such as to enable the seller and the carrier to carry out their obligations under the best conditions.
The seller is released from all liability in the event of an entry error or partial or incomplete entry on the part of the consumer, without taking into account the guarantees for hidden defects or the commercial guarantee from which the consumer legally benefits.
6.2 Pre-order

The principle of pre-ordering is that the product is not yet manufactured. Production is launched once the sale is completed.

As part of a pre-order, 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. The change in deadlines does not constitute grounds for cancellation of the order by the buyer.

In the event of a Pre-Order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of article 1590 of the Civil Code.
Pre-order purchases are not eligible for a refund. These sales result in an exchange or credit only.

If the minimum objective of a Pre-Order campaign is not reached, the seller contacts the Customer at the end of the campaign to announce their decision to refund or produce. In this case, the seller must reimburse the Customer within fourteen (14) days from the cancellation of the Pre-Order.

6.3 Order modification
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 taken into account before the order is prepared. The preparation time is generally 24 (twenty-four) hours, but it may be less and no guarantee can be given to the customer regarding this time.
The seller is not required to take into account a late modification request (received after preparation of the order).
6.4 Order validation
The seller reserves the right to refuse any order for legitimate reasons.
For example, an abnormally high quantity of items given the status of buyer having the status of consumer may justify a refusal of an order on the part of the seller.
The seller reserves the right to refuse any order from a consumer with whom there is a dispute (ongoing, without a definitive solution).
In the event of refusal, the consumer is fully reimbursed within a reasonable time, and in any case less than 30 (thirty) days.
6.5 Unavailability of ordered products
In the event of unavailability of one or more products on an order, the seller informs the consumer within a reasonable time and offers him a product of equivalent quality and price. If the consumer wishes, they can be reimbursed or benefit from a credit that can be used on the site.
  1. Resolution
The contract may be terminated by the seller in the following cases:
- Refusal of the consumer to take delivery of the ordered products,
- Resolution Return to the sender of the package due to the imprecision of the information provided,
- Non-payment of the price (without prejudice to possible proceedings against the consumer).
In all cases cited, other than the legal right of withdrawal, the amount of any deposits paid remains with the seller as compensation.
  1. Withdrawal
From receipt of the products, the consumer has a legal withdrawal period of 14 (fourteen) days without having to justify himself or pay a penalty.
Any return costs are the responsibility of the consumer.
To exercise this right, the consumer must send an email to consumer service hello @ humanwithattitude.com . _ _ This email must include the order number, the customer's first and last names as well as all useful information.
Following this request, the consumer receives a return or exchange validation response. Without this validation, no returns can be accepted in our warehouses.
With return validation, the consumer returns the products to the seller.
The consumer is reimbursed within 30 (thirty) days following the date of receipt of the products, provided that the products have arrived at the seller in their original packaging, complete, in perfect condition, with their label, unworn , unwashed, accompanied by the invoice. A return which shows 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 weigh on the consumer. It is their responsibility to take all necessary measures to secure their return (packaging, protection). In the event of a shipment delivered without signature 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 that all consumers who want to make a return request registered delivery with delivery against signature.
Proof of delivery is then constituted by affixing the stamp of the company URBAN LUX SARL on the recommendation form or by the signature of the returns manager.
  1. Payment
The price is due in full after confirmation of the order.
Payment is made on an independent secure platform via Paypal. In both cases, the consumer's banking information is not accessible to the seller. They do not pass through any of its servers. Only trusted third parties responsible for data encryption (PayPal) digitally process this information to ensure perfect security of the transaction and optimal protection of banking data.
  1. Delivery
The seller undertakes to deliver the products to its carrier within 2-3 working days after receipt of full payment for the order. This deadline is extended to 10 (ten) working days for the following periods: winter and summer sales, “flash” sales and private sales operations, end-of-year holidays (from December 1 to January 10) .
Delivery delays due to an external cause cannot give rise to either payment or claim for compensation from the seller.
The products are delivered to the address indicated by the consumer on the order form.
The consumer who accepts a product without making reservations to the carrier accepts it as is. He is then deprived of any possibility of making a complaint regarding the delivery.
In the event of deterioration or partial loss of the product, the consumer must express 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 conform to the order, the consumer must send a complaint to the professional seller with a view to obtaining replacement of the product or possibly resolution of the sale.
  1. 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 or exchange defective products or products that do not correspond to their order.
After sales service
Complaints made under guarantees should be sent to consumer service: Hello@humanwithattitude.com
  1. Responsibility
Disclaimer
The seller cannot be held liable in the event of non-performance or poor performance of the contract due either to the buyer's actions, or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure.
In addition, the seller being bound by an obligation of means, his obligation is deemed fulfilled once he has delivered the package containing the consumer's order to the carrier.
It is then released from all liability in the event of non-delivery of the product.
Proof of its obligation is provided by producing the statement of delivery of the packages to the carrier, signed by the latter.
Penalty clause
In all cases of non-performance of his obligations by the consumer, the deposit paid on the order, with the exception of the implementation of the legal right of withdrawal, remains acquired by the professional seller as compensation.
  1. Cancellation clause
The cancellation of the order in the cases provided for in these General Terms and Conditions will be pronounced by registered letter with acknowledgment of receipt and will be acquired automatically without legal formality.
  1. 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, for the entire world, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. This includes these general conditions of sale.
Any reproduction and distribution of these elements, without prior written authorization from the publisher, exposes offenders to legal action.
  1. Personal data
The collection of personal data, their use for processing orders and the creation of customer files and their distribution 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 for the sole purposes of proper administration of orders and commercial relations, is subject to a declaration to the National Commission for Data Protection and Liberties.
The consumer has the right to access, modify, rectify and delete personal data concerning him at any time.
Personal data provided by customers is not otherwise disclosed to third parties.
They are, unless expressly opposed by the customer, integrated into the company's customer file.
URBAN LUX SARL.
In accordance with law 78-17 of January 6, 1978, the customer has the right to access and rectify personal data concerning him at any time. To exercise this right, the customer must contact the company's customer service by email, telephone or mail.
  1. Dispute resolution, mandatory prior conciliation clause
In the event that a dispute arises between the seller and the consumer, the latter undertakes to initiate a conciliation procedure directly with the seller in order to resolve the dispute, without the intervention of a third natural or legal person.
This procedure replaces any other existing form of dispute resolution for a period accepted by the customer of 30 (thirty) working days.
Complaints should be sent to consumer service: hello@humanwithattitude.com