Update: November 11, 2023
The present general terms and conditions of sale (hereinafter the "General Conditions") apply to any purchase made by an internet user/individual (hereinafter the "CUSTOMER") on the website www.hooky-shisha.com (hereinafter the "SITE") from ADDTOCART (hereinafter the "SELLER"), SAS registered in the Trade and Companies Register of Pontoise under number 883 440 240 00025, with its head office at 14 Rue de la Perdrix 93420 Villepinte, France. Tel: 01 58 69 69 93 email: contact@hooky-shisha.com
Any order placed on the SITE necessarily implies the CUSTOMER's unconditional acceptance of these general terms and conditions of sale.
You have the possibility to register for free on the BLOCTEL telemarketing opposition list (www.bloctel.gouv.fr) in order not to be telemarketed by a professional with whom you do not have a current contractual relationship, in accordance with the law n°2014-344 of March 17, 2014 relating to consumption. Any consumer has the possibility to register for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php.
The terms used below have, in these General Conditions, the following meaning:
“CUSTOMER”: refers to the SELLER's co-contractor, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside any usual or commercial activity.
“DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated during the order.
“PRODUCTS”: refers to all the products available on the SITE.
“TERRITORY”: refers to all the countries available during the ordering process.
These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.
The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's commercial department in order to benefit from separate contractual conditions
The CUSTOMER undertakes to read carefully these General Conditions and to accept them, before proceeding with the payment of an order of PRODUCTS placed on the SITE.
These General Conditions are referred to at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to read carefully, download, print the General Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions at each new order, the latest version of the said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
In order to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity.
The CUSTOMER will be asked to provide information to identify him/her by filling in the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check on the SITE the status of his order. The follow-up of DELIVERIES can, if necessary, be done using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's customer service at any time through the contact form, to obtain information on the status of his order.
The information the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information provided.
The SELLER commits to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under applicable law.
The CLIENT agrees to carefully read this information before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CLIENT must follow the steps described below (please note, however, depending on the CLIENT's start page, the steps may slightly differ).
The CLIENT will need to select the PRODUCT(s) of his choice by clicking on the concerned PRODUCT(s) and choosing the desired characteristics and quantities. Once the PRODUCT is selected, it is placed in the CLIENT's basket. The latter can then add to his basket as many PRODUCTS as he wishes.
Once the PRODUCTS are selected and placed in his basket, the CLIENT must click on the basket and check that the contents of his order are correct. If the CLIENT has not yet done so, he will then be asked to identify or register.
Once the CLIENT has validated the contents of the basket and has identified/registered, an online form will be automatically completed and summarise the price, applicable taxes and, where applicable, delivery charges.
The CLIENT is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CLIENT can then proceed with the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for billing and DELIVERY of the PRODUCTS. Regarding PRODUCTS for which options are available, these specific references appear when the correct options have been selected. The orders placed must include all the information necessary for the proper processing of the order.
The CLIENT must also select the delivery method chosen.
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CLIENT by email, provided that the email address provided through the registration form is correct.
The SELLER does not send any order confirmation by postal mail or fax.
During the order process, the CLIENT will have to enter the information necessary for invoicing (the asterisk (*) will indicate the mandatory fields that must be filled out for the CLIENT's order to be processed by the SELLER).
The CLIENT must notably clearly indicate all the information related to the DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.
The CLIENT will also have to specify the means of payment chosen.
Neither the online order that the CLIENT establishes, nor the acknowledgement of receipt of the order that the SELLER sends to the CLIENT by email constitute an invoice. Regardless of the method of ordering or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
The date of the order is the date on which the SELLER acknowledges receipt online of the order. The deadlines indicated on the SITE only start running from this date.
For all PRODUCTS, the CLIENT will find on the SITE prices displayed in euros including all taxes, as well as applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
The prices particularly include the value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. As a result, the prices listed on the SITE may change. They may also be modified in case of special offers or sales.
The indicated prices are valid, except in case of gross error. The applicable price is that indicated on the SITE on the date when the order is placed by the CLIENT.
The unavailability of a PRODUCT is usually indicated on the page of the concerned PRODUCT. CLIENTS can also be informed of a PRODUCT's restocking by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CLIENT:
Either propose to ship all the PRODUCTS at the same time as soon as the out-of-stock PRODUCTS are available again,
Or proceed with a partial shipment of the available PRODUCTS initially, then to the shipment of the rest of the order when the other PRODUCTS will be available, subject to clear information regarding the additional transport costs that could be incurred,
Or propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel his order of unavailable PRODUCTS, he will get a refund of all the amounts paid for the unavailable PRODUCTS no later than thirty (30) days of payment.
The terms of the right of withdrawal are provided in the "withdrawal policy", a policy available by clicking on this link and accessible at the bottom of each page of the SITE via a hyperlink.
The CLIENT can pay for his PRODUCTS online on the SITE using the means proposed by the SELLER.
The CLIENT guarantees to the SELLER that he holds all the authorizations required to use the chosen payment method.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online in the context of online payment on the SITE.
In this respect, it should be noted that all information relating to payment provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.
In the case of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CLIENT decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
If the bank refuses to debit a card or other payment method, the CLIENT must contact the SELLER's Customer Service to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.
Any contract concluded with the CLIENT corresponding to an order of an amount exceeding 120 euros including all taxes will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this information in order to ensure a follow-up of transactions and to produce a copy of the contract at the request of the CLIENT.
In case of dispute, the SELLER will have the possibility to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.
The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the CLIENT.
The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of ownership, as well as the risks of damage they may cause.
The PRODUCTS offered can only be delivered on the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(s) that the CLIENT will have indicated during the ordering process.
The deadlines to prepare an order and then establish the invoice, before shipment of the PRODUCTS in stock are mentioned on the SITE. These deadlines are understood excluding weekends or holidays.
An electronic message will be automatically sent to the CLIENT at the time of shipment of the PRODUCTS, provided that the electronic address appearing in the registration form is correct.
During the ordering process, The SELLER indicates to the CLIENT the possible shipping times and formulas for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
The details of delivery times and fees are detailed on the SITE.
In the absence of an indication or agreement as to the delivery date, the SELLER delivers the PRODUCT without undue delay and at the latest thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
The package will be delivered to the CLIENT against signature and upon presentation of an ID.
In case of absence, a notice of passage will be left to the CLIENT, to allow him to pick up his package at his post office.
The CLIENT is informed of the delivery date set at the time he chooses the carrier, at the end of the online ordering process, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CLIENT must put the SELLER on notice to deliver within a reasonable time and in case of non-delivery within this period, he may terminate the contract.
The SELLER will reimburse, without excessive delay from the receipt of the termination letter, to the CLIENT the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same method of payment used by the CLIENT to purchase the PRODUCTS.
The SELLER is responsible until the delivery of the PRODUCT to the CLIENT. It is recalled that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial losses observed at the time of delivery.
The PRODUCTS will be packaged in accordance with current transport standards to ensure maximum protection for the PRODUCTS during DELIVERY. The CUSTOMERS agree to respect the same standards when they return PRODUCTS under the conditions set in Article 6 - Right of Withdrawal.
Article L.217-4 of the Consumer Code: "The seller delivers goods conforming to the contract and is responsible for any conformity defects existing at the time of delivery. He is also responsible for conformity defects resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility".
Article L.217-5 of the Consumer Code: "The product is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, if applicable: - if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, notably in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and which the latter has accepted".
The SELLER is likely to be responsible for conformity defects existing at the time of delivery and conformity defects resulting from packaging, assembly instructions or installation when this has been charged to him or has been carried out under his responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT (Article L.217-12 of the Consumer Code)
In case of lack of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CLIENT's choice is obviously disproportionate to the other possible option, considering the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the option chosen by the Client.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT at the following address: 17 RUE DE BREY 75017 PARIS.
Finally, the CLIENT is exempted from proving the existence of the PRODUCT's lack of conformity during the twenty-four (24) months following the delivery of the PRODUCT except for second-hand goods for which this period is set at six (6) months. (Article L.217-7 of the Consumer Code).
It is specified that this legal warranty of conformity applies regardless of the commercial warranty granted, if any, on the PRODUCTS.
The SELLER is bound by the warranty due to the hidden defects of the PRODUCT sold that make it unfit for the use for which it is intended, or that decrease this use so much that the CLIENT would not have acquired it, or would have given a lower price, if he had known them. (Article 1641 of the Civil Code)
This warranty allows the CLIENT who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUCT if it is returned and the refund of a part of its price if the PRODUCT is not returned.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT at the following address: 17 RUE DE BREY 75017 PARIS. The action resulting from the redhibitory vices must be brought by the CLIENT within a period of two (2) years from the discovery of the vice. (Paragraph 1 of Article 1648 of the Civil Code)
The SELLER's liability cannot in any case be engaged in the event of non-performance or poor performance of the contractual obligations attributable to the CLIENT, in particular when entering his order.
The SELLER cannot be held liable, or considered as having failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and Tribunals.
It is also specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. The links to third party websites are provided only as a convenience and no guarantee is provided as to their content.
The SELLER's liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these GTC results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the debtor's control, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation by the debtor.
If the impediment is temporary, the performance of the obligation is suspended unless the delay resulting therefrom justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
In this respect, the SELLER's liability cannot be engaged in particular in the event of an attack by computer hackers, unavailability of materials, supplies, spare parts, personal equipment or other, interruption of electronic communications networks, as well as in the event of the occurrence of any circumstance or event external to the SELLER's will occurring after the conclusion of the GTC and preventing performance under normal conditions.
It is specified that in such a situation, the CLIENT cannot claim the payment of any compensation and cannot bring any action against the SELLER.
In the event of the occurrence of one of the above-mentioned events, the SELLER will endeavor to inform the CLIENT as soon as possible.
The SELLER collects on the SITE personal data about its CLIENTS, including through cookies. CLIENTS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER are used to process orders placed on the SITE, manage the CLIENT's account, analyze orders and, if the CLIENT has expressly chosen this option, send him commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The CLIENT's data are kept confidential by the SELLER for the needs of the contract, its execution and in compliance with the law, for a period of 3 years from the end of the commercial relationship if you are a customer or from your last contact if you are not yet a customer.
CLIENTS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER can transfer to its commercial partners the names and contact details of its CLIENTS, provided that they have expressly given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish for their personal data to be disclosed. CUSTOMERS can change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with the law n°78-17 of January 6, 1978 related to data processing, files and freedoms, and the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 related to the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), the SELLER ensures the implementation of the rights of the concerned persons.
It is reminded that the CUSTOMER whose personal data are processed has the rights of access, rectification, update, portability, and erasure of information concerning them, as well as a right to the limitation of processing in accordance with Articles 49,50,51,53 and 55 of the Data Protection Act and the provisions of Articles 15, 16, 17, and 18 of the General European Regulation on the Protection of Persons (GDPR).
In accordance with the provisions of Article 56 of the Data Protection Act and Article 21 of the GDPR, the CUSTOMER can also, for legitimate reasons, object to the processing of data concerning them, without reason and without charge.
The CUSTOMER may also determine the fate of their data after their death and choose whether the SELLER discloses or not their data to a third party that the CUSTOMER has previously designated.
The CUSTOMER may exercise these rights by sending an email to the address: contact@hooky-shisha.com or by sending a letter to 17 RUE DE BREY 75017 PARIS
Finally, the CUSTOMER may also file a complaint with the control authorities and notably the CNIL (https://www.cnil.fr/fr/plaintes).
The SELLER provides a "Customer Service Hotline" at the following number: 01 58 69 69 93 (non-premium rate number). Any written complaint from the CUSTOMER must be transmitted to the following address: SAS ADDTOCART - 14 Rue de la Perdrix 93420 Villepinte.
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hyperlink to the SITE must request the SELLER's permission in writing.
This authorization from the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hyperlinks to the SITE that use techniques such as framing or insertion by hyperlinks (in-line linking) are strictly forbidden.
Any representation or reproduction, in whole or in part, of the SITE and its content, by any process whatsoever, without the prior express authorization of the SELLER, is prohibited and will constitute an infringement sanctioned by articles L.335-2 and following and articles L.713-1 and following of the Intellectual Property Code.
The acceptance of these GTC implies recognition by the CUSTOMER of the SELLER's intellectual property rights and commitment to respect them.
Any modification of the current legislation or regulation, or any decision by a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision does not in any way authorize the CUSTOMERS to ignore these General Conditions.
All conditions not expressly discussed herein will be governed in accordance with the practice of the trade sector for individuals, for companies whose headquarters are located in France.
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in effect at the time of the order.
The modifications made to the General Conditions will not apply to PRODUCTS already purchased.
These general conditions as well as the relations between the customer and the seller are governed by French law.
In case of dispute, only the French courts will be competent.
However, prior to any recourse to the arbitral or state judge, the Client is invited to contact the complaint department of the SELLER.
If no agreement is found or if the CUSTOMER justifies having tried, beforehand, to solve his dispute directly with the SELLER by a written complaint, then an optional mediation procedure will be offered, conducted in a spirit of loyalty and good faith with the aim of reaching an amicable agreement when any conflict related to this contract arises, including regarding its validity.
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt indicating the elements of the conflict.
Mediation not being mandatory, the CUSTOMER or the SELLER may withdraw from the process at any time.
In the event that the mediation fails or is not envisaged, the dispute that could have given rise to mediation will be referred to the competent jurisdiction designated above.