Preamble
Hollywoodguy – simplified joint stock company with sole shareholder – registered on December 11, 2014 in the Lyon Trade and Companies Register under number 808 317 309 00041, exercising the main distance selling activity in the general catalog, code 4791A in the French classification of activities (NAF), whose head office is located at 186, cours Emile Zola, 69100 Villeurbanne, Rhône (69), France, intra-community VAT number: FR51 808 317 309, SIREN number: 808 317 309 , SIRET number: 808 317 309 00041, telephone number: +33 (0) 6 80 91 46 50; email address: contact@hollywoodguy.fr; website: https://hollywoodguy.fr – is the author of these general conditions of sale, hereinafter referred to as the seller.
Under the pseudonym Hollywoodguy, Rémy Nginn creates artistic works which he notably broadcasts on the internet via the YouTube channel HollywoodguyTV, a sign of the company. Through its website https://hollywoodguy.fr, Hollywoodguy sells clothing items and fashion accessories bearing the Hollywoodguy trademark registered with the National Institute of Industrial Property. These articles are products derived from the universes staged in the works presented by Hollywoodguy.
Article 1 – Completeness
These general conditions express the entire obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for sales through other distribution and marketing channels.
These general conditions of sale are accessible on the website https://hollywoodguy.fr and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions of sale from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to fail, it would be considered to be governed by the customs in force in the distance selling sector whose companies are headquartered in France.
These general conditions of sale are valid for an indefinite period.
Article 2 – Content
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the website https://hollywoodguy.fr.
The buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or when placing his order. In this regard, they are enforceable against it in accordance with the terms of article 1119 of the Civil Code.
Article 3 – Pre-contractual information
3.1 The buyer acknowledges having had communication, before placing his order and conclusion of the contract, in a legible and understandable manner, of these general conditions of sale and all the information listed in article L. 221- 5 of the Consumer Code.
3.2 The following information is sent to the buyer in a clear and understandable manner:
– the essential characteristics of the property appearing in the dedicated description page and published on the website https://hollywoodguy.fr;
– the price of the good appearing in the dedicated page and published on the website https://hollywoodguy.fr;
– in the absence of immediate performance of the contract, the date or the period by which the seller undertakes to deliver the goods;
– information relating to the identity of the seller, his postal, telephone and electronic contact details, and to his activities, those relating to legal guarantees, the functionality of digital content and, where applicable, its interoperability, existence and the procedures for implementing guarantees and other contractual conditions.
3.3 The seller communicates to the buyer the following information:
– its commercial name: Hollywoodguy;
– the geographic address of its establishment and that of its head office: Hollywoodguy, 186, cours Emile Zola, 69100 Villeurbanne, Rhône (69), France;
– his telephone number: +33 (0) 6 80 91 46 50;
– his email address: contact@hollywoodguy.fr;
– the terms of payment, delivery and execution of the contract, as well as the terms provided by the seller for the processing of complaints;
– in the event of a sale, the existence and the procedures for exercising the legal guarantee of conformity provided for in articles L. 217-1 et seq. Of the consumer code, the guarantee for hidden defects provided for in articles 1641 et seq. civil code, as well as, where applicable, the commercial guarantee and after-sales service respectively referred to in articles L. 217-15 and L. 217-17 of the consumer code;
3.4 The seller indicates, with regard to digital content:
– any relevant interoperability of this content with certain hardware or software of which the professional is or should reasonably be aware.
Article 4 – The order
The buyer has the possibility of placing his order on the website https://hollywoodguy.fr via the general online catalog, and by means of the forms which appear there, for any product, within the limit of available stocks.
If an ordered product is unavailable, the buyer will be informed by electronic mail (email) or by telephone message (sms).
For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He must also choose the address and method of delivery, and finally validate the method of payment.
The sale will be considered final:
– after the seller has sent confirmation of acceptance of the order by the seller by electronic mail (email) or by telephone message (sms);
– and after receipt by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale on the site https://hollywoodguy.fr. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.
In some cases, including default of payment, wrong address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
The cancellation of the order of the product causing the problem, and its possible refund will then be made, the rest of the order remaining firm and final.
For any question relating to the follow-up of an order, the buyer must call the seller’s customer service +33 (0) 6 80 91 46 50 from Monday to Saturday from 4 p.m. to 11 p.m., cost of a local call.
Article 5 – Electronic signature
The online supply of the buyer’s bank card number and the final validation of the order will constitute proof of the buyer’s agreement:
– exigibility of the sums due under the purchase order,
– signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is observed, to contact the customer service of The Hollywoodguy Company at +33 (0) 6 80 91 46 50 from Monday to Saturday from 4 p.m. to 11 p.m., cost of a local call.
Article 6 – Order confirmation
The seller provides the buyer with a copy of the general conditions of sale electronically, confirming the express commitment of the parties.
Article 7 – Proof of the transaction
The computerized registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 8 – Product information
The products governed by these general conditions are those which appear on the website https://hollywoodguy.fr administered by the seller and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller’s responsibility could never be engaged.
The photographs of the products are not contractual.
Article 9 – Price
The seller reserves the right to change prices at any time, but agrees to apply the rates in effect indicated at the time of order, subject to availability on this date.
The prices are indicated in euros (€). They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the value added tax (VAT) applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering.
At no time, the sums paid can be considered as a deposit or deposits.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the sale price of the products.
The price is payable in full and in a single payment immediately after the order in the following manner: bank card, Paypal, bank transfer.
Article 10 – Method of payment
An order on the https://hollywoodguy.fr site is subject to a payment obligation, which means that placing the order implies payment by the buyer.
To settle his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the site https://hollywoodguy.fr. The buyer guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization to pay by bank card from officially accredited bodies or in the event of non-payment. The seller notably reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is being administered .
The payment of the price is made in cash when ordering, according to the following methods: bank card, Paypal, bank transfer.
The payments made by the buyer will not be considered final until after effective collection of the sums due, by the seller.
Article 11 – Availability of products – Refund – Resolution
Except in cases of force majeure or during the periods of closure of the online store which will be clearly announced on the website https://hollywoodguy.fr, the delivery times will be, within the limit of available stocks, those indicated below below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France, the period is fourteen (14) working days from the working day following that on which the buyer placed his order.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to execute it within a reasonable additional time.
In the absence of performance at the expiration of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered as canceled upon receipt by the seller of the letter or writing informing him of this termination, unless the seller has performed in the meantime.
The buyer may however immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is canceled, the seller is required to reimburse the buyer for all the sums paid, at the latest within fourteen (14) working days following the date on which the contract was terminated.
In accordance with article L. 242-4 of the consumer code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
– the legal interest rate if the reimbursement occurs no later than ten (10) days after the expiration of the period of fourteen (14) days stated above,
– 5% if the delay is between 10 and 20 days,
– 10% if the delay is between 20 and 30 days,
– 20% if the delay is between 30 and 60 days,
– 50% between 60 and 90 days,
– and five (5) additional points per new month of delay up to the price of the product, then the legal interest rate.
In case of unavailability of the ordered product, the buyer will be informed at the earliest and will be able to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within thirty (30) days at the latest of their payment, or the exchange of the product.
Article 12 – Delivery terms
Delivery means the transfer to the buyer of physical possession or control of the goods. It is only made after confirmation of payment by the seller’s banking organization.
The products ordered are delivered in the following manner: thirty (30) working days from the working day following that on which the buyer placed his order, by a third party, according to the size and weight of the products ordered and to the exclusive initiative of the seller.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be redirected at the buyer’s expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the parcel to be collected at the place and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products …).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery slip.
The buyer must then confirm by registered mail these reservations to the carrier at the latest within two (2) working days of receipt of the item (s) and transmit a copy of this mail by email or simple letter to the seller: Hollywoodguy, 186, cours Emile Zola, 69100 Villeurbanne, (Rhône), France.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within seven (7) days of delivery. Any complaint made after this time cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions …).
Article 13 – In case of delivery error
The buyer must formulate to the seller on the same day of delivery, or at the latest the first working day following delivery, any claim of error in delivery and / or non-conformity of the products in kind or in quality compared with the indications appearing on the order form. Any complaint made beyond this period will be rejected.
The claim may be made, at the buyer’s choice:
– telephone number: +33 (0) 6 80 91 46 50
– email address: contact@hollywoodguy.fr
Any claim not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, in a registered package, to the following address: Hollywoodguy, 186, cours Emile Zola, 69100 Villeurbanne, Rhône (69), France.
The return costs in the event of a delivery error are the responsibility of the seller.
Article 14 – Transfer of risks
The ownership of the thing sold is transferred to the buyer as soon as the parties agree on the thing and on the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration relating thereto is carried out, at the expense of the buyer, upon acceptance of the order form by the seller.
Article 15 – Product warranty
15.1 Legal guarantee of conformity and legal guarantee against hidden defects
Hollywoodguy having its registered office at 186, cours Emile Zola, 69100 Villeurbanne, Rhône (69), France is the guarantor of the conformity of the goods to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for Articles L. 217-4 et seq. of the Consumer Code or the guarantee for defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
– the buyer has a period of two (2) years from the delivery of the goods to act;
– the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;
– the purchaser is exempted from bringing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods.
In addition, it is recalled that:
– the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
– the buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the price in accordance with article 1644 of the Civil Code.
15.2 Commercial warranty
The products sold are also covered by a commercial guarantee aimed at ensuring their conformity and ensuring the reimbursement of the purchase price, replacement or repair of the goods.
The commercial guarantee does not cover defects caused by abnormal or improper use or resulting from a cause unrelated to the intrinsic qualities of the products.
The foregoing provisions are not exclusive of the application of the legal guarantee of conformity of article L. 217-4 of the Consumer Code and the guarantee of defects in the thing sold of articles 1641 and following of the Civil Code .
The buyer is expressly informed that the seller is not the producer of all the products presented within the meaning of Law No. 98-389 of May 19, 1998 relating to liability for defective products.
Article 16 – Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of fourteen (14) working days from the date of delivery of his order, to return any item that does not suit him and request the exchange or refund without penalty, except for return costs which remain the responsibility of the buyer.
The products must however be returned in their original packaging, including all the elements accompanying the products, and in perfect condition within fourteen (14) days following the notification to the seller of the buyer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions …) allowing a new marketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on the website https://hollywoodguy.fr. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.
If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased (s) is reimbursed and the delivery costs are reimbursed.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or reimbursement will be made within fourteen (14) days of receipt by the seller of the products returned by the buyer under the conditions provided above.
Article 17 – Force majeure
Any circumstances beyond the control of the parties preventing the execution of their obligations under normal conditions are considered as grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as their disappearance.
Will be considered as force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible. Expressly, force majeure or fortuitous cases are considered, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stopping telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts more than three (3) months, these general conditions may be terminated by the injured party.
Article 18 – Intellectual property
The content of the https://hollywoodguy.fr website (technical documents, drawings, photographs, texts, videos, etc.) remains the property of Mr. Rémy NGINN.
The rights to the domain name hollywoodguy.fr belong to Mr. Rémy NGINN.
The Hollywoodguy® trademark registered at the National Institute of Industrial Property (INPI) is the property of Mr. Rémy NGINN.
The HollywoodguyTV channel on the Youtube.com website is managed by Mr. Rémy NGINN.
Mr. Rémy NGINN claims the use of the pseudonym Hollywoodguy, as well as the pseudonyms HollywoodguyTV, MisterHollywoodguy, MyKyrill, SimsXFriends, Rémy Niscence.
Buyers agree to make no use of the above-mentioned elements; any total or partial reproduction of these elements is strictly prohibited and is likely to constitute an offense of counterfeiting.
Article 19 – Data processing and Liberties
The personal data provided by the buyer are necessary for the processing of his order and the preparation of invoices.
They can be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website https://hollywoodguy.fr has been declared to the National Commission for Data Protection (CNIL).
The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the website https://hollywoodguy.fr.
Article 20 – Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and their scope.
Article 21 – Non-waiver
The fact that one of the parties does not claim a failure by the other party to any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 22 – Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 23 – Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 24 – Mediation
The buyer can use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
Mediator contact details:
Association of European Mediators (AME)
197, boulevard Saint Germain
75007 Paris
France
E-mail address: saisine@mediationconso-ame.com
Website: http://www.mediationconso-ame.com
Phone. : +33 (0) 9 53 01 02 69
Article 25 – Applicable law
These general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This is so for the substantive rules as for the rules of form. In case of dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
The competent court is that of the place of delivery.
APPENDIX 1 – Provisions relating to legal guarantees
Reproduction of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code and reproduction of articles 1641 and 1648 of the Civil Code.
Article L217-4 of the Consumer Code provides that:
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. “
Article L217-5 of the Consumer Code provides that:
“The goods comply with the contract:
1 ° If it is suitable for the use normally expected of a similar item and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular 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, brought to the attention of the seller and which the latter has accepted. “
Article L217-12 of the Consumer Code provides that:
“The action resulting from the lack of conformity lapses two years after delivery of the goods. “
Article L217-16 of the Consumer Code provides that:
“When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization at least seven days is added to the duration of the remaining warranty.
This period runs from the buyer’s request for intervention or the provision for repair of the goods in question, if this provision is subsequent to the request for intervention. “
Article 1641 of the Civil Code provides that:
“The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lesser price, if he had known them. “
Article 1648 of the Civil Code provides that:
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, in the year following the date on which the seller can be relieved of apparent defects or lack of conformity. “
APPENDIX 2 – Cancellation form
Sender
First name:
Last name :
Address :
Recipient
Hollywoodguy
186, cours Emile Zola
69100 Villeurbanne
Rhône (69), France
Subject: Withdrawal
On… /… /…, at…
I, the undersigned) :
First name:…
Last name : …
Telephone number:…
Electronic address (e-mail):…
Wishes to exercise my right of withdrawal regarding the following product (s):
…
…
…
For the following reasons :
…
…
…
Please accept, Madam, Sir, the expression of my best regards.
Signature:
…