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Latest update: 1 June 2020
Access to and use of the website available at the following address: www.hellowall.com (hereafter referred to as the “Website”) published by the Wall stories company (hereinafter referred to as “hellowall“) and the products and services offered therein are subject to compliance with these Terms and Conditions.
ARTICLE 1. ACCEPTANCE
Any access to and/or use of the Website by the User implies unconditional and unreserved acceptance and compliance with all the terms of these Terms and Conditions. They constitute a contract between hellowall and the User.
hellowall reserves the right to make changes to the Website as well as these Terms and Conditions at any time, or to modify or supplement them with new additional contractual conditions. The User will be informed by any means of any modification of these Terms and Conditions.
The applicable Terms and Conditions are those online on the Website and in force at the date of the order placed by the Customer.
ARTICLE 2. PURPOSE
hellowall offers, through a configurator available on its Website, a service of printing personalized, self-adhesive photo walls which are repositionable by the User in 2 different formats: My wall and Pix wall.
ARTICLE 3. DEFINITIONS
“Customer”: people for whom My wall and Pix wall products are intended, composed of private individuals and/or professionals.
“My wall”: refers to the length of customizable, self-adhesive and repositionable photo “wallpaper” that can be used to insert the customer’s photos using several templates in a configurator, intended for consumers and professionals. My Wall can be positioned vertically or horizontally.
“Pix wall”: refers to square photo prints, with or without borders, to be personalized, made from a self-adhesive and repositionable material, and intended for consumers and professionals.
“Website”: refers to the hellowall website accessible at the following address: www.hellowall.com.
“User”: refers to the Internet user, natural or legal person, professional or consumer who browses through the Website published by hellowall and who uses the Service.
“Walls” refers to the My wall and Pix wall products offered by hellowall on its Website.
ARTICLE 4. CUSTOMER REGISTRATION AND ORDERING PROCESS
4.1 Customer registration
To place an order, a User must create a User Account in the member area and send any information that may be requested.
Any one User may create only one Account in his or her name and may not create an account for a third party.
The User undertakes to keep the password chosen when creating his/her Account secret and not to communicate it to anyone. In the event of loss, theft or misuse of his or her password, the User undertakes to use the password renewal procedure accessible on the Website.
The User undertakes to provide complete and accurate information that is necessary for the billing and delivery of the order placed with hellowall and to keep it up to date.
4.2 Process for ordering walls
Orders are made exclusively on the Internet through the Website.
The validation of the order implies acceptance of these Terms and Conditions.
All stages of the sale are clearly identified on the Website.
Customers may check the details of their orders and the total price and correct any errors before finally validating their orders.
The order is finally registered only after validation by the customer of his/her payment agreement and acceptance of the transaction by the bank.
hellowall declines all responsibility in case of non-validation of the order, without any possible recourse on the part of the customer.
As soon as the order has been recorded, the customer receives a confirmation email containing the essential elements of the order.
All the data provided by the customer during the ordering process and the recorded confirmation of this order are valid proof of the transaction.
hellowall reserves the right to refuse any order from a customer with whom there is a dispute regarding the payment of a previous order as long as this dispute has not been resolved.
ARTICLE 5. My wall and Pix wall
hellowall pays particular attention to the printing of its products.
Any Customer may, prior to ordering, learn of the essential characteristics of the Wall that he/she wishes to order thanks to the configurator accessible on the Website.
hellowall reserves the right to insert an automatically generated logo on all walls designed.
The differences that may result in particular from the color quality of the photographs sent by the Customer may under no circumstances be construed as a lack of compliance and lead to the cancellation of the sale.
In the event that there are insignificant differences between the characteristics of the Walls and their representation and/or description, hellowall shall not be held liable.
ARTICLE 6. DELIVERY
6.1 Delivery lead
The Wall shall be delivered on the date or within the period indicated on the order summary.
6.2. Delivery location
The Wall shall be delivered to the address indicated by the Customer on the order form, in mainland France and in the European Union.
6.3. Terms of delivery
Delivery is made by direct delivery of the Wall to the Customer at the address indicated by the latter by La Poste, Colissimo or Mondial Relay depending on the choice made by the Customer upon ordering.
6.4 Late delivery
In the event of a delay in delivery of maximum 10 days from the date announced by hellowall, the Customer undertakes to inform hellowall Customer Service as soon as possible at the following address: email@example.com so that hellowall can query its carrier and take all necessary measures in case of loss or theft of the package.
In such a case, hellowall will proceed with the reshipment of the un-delivered parcel.
Customers will be able to follow the delivery of their packages in the member area of the Website thanks to a tracking number which will be sent to them when they place their orders.
Reservations on the Wall delivered for apparent defects must be notified to hellowall within three working days of receipt. This notification must be e-mailed to firstname.lastname@example.org providing:
– The name of the recipient;
– The tracking number of the parcel;
– The Wall designation and order number;
– Photos of the damaged package with the date of postage clearly visible;
– Photo of the inside of the package; and
– Photo of the damaged product.
Failure to comply with the procedure described above will result in the rejection of the Customer’s claim.
In the same way, if at the time of delivery, the original packaging is damaged, spoiled, torn, opened or the product is missing, the Customer must refuse delivery and notify his/her reservations on receipt of the package on the delivery slip given for this purpose to the above-mentioned email address.
Failing this, hellowall is not obliged to compensate.
Pursuant to Article L.221-28 3° of the French Consumer Code, Customers are informed that the right of withdrawal cannot be exercised for a Wall insofar as the resulting product is personalized by the CUSTOMER.
ARTICLE 7. FINANCIAL TERMS
Walls’ sales prices are those in force on the day they are ordered by the Customer.
The prices indicated in the acceptance of the order are inclusive of all taxes.
Prices are calculated net and without discount.
The sales price of the Wall does not include the shipping costs charged in addition to the price.
The amount for the Walls is payable as follows:
– With a Credit Card
– Via PayPal
– Via bank transfer.
For large orders, Customers may contact hellowall directly at the following address: email@example.com
ARTICLE 8. RESPONSIBILITY OF HELLOWALL
hellowall makes its best efforts to ensure the proper operation of the Website and the delivery of the products it offers, within the limits of responsibility herein.
hellowall is only obligated to Users on a best efforts basis and makes no warranty, express or implied, including any warranty of quality and fitness for a particular purpose of the products provided to Users.
8.1 Availability of the Website
The Website is available from anywhere, 7 days a week, 24 hours a day, as soon as the minimum technical conditions are met, particularly in terms of access to the mobile telephone network, Internet network and technical compatibility of the device used.
hellowall uses its best efforts to ensure that the Website and its configurator operate properly within the limits herein.
hellowall declines all responsibility, without this list being restrictive:
– In case of interruption of the Website for technical maintenance operations or updating of published information;
– In the event of temporary inability to access the Website due to technical problems, whatever the origin;
– In the event of unavailability or overload or any other cause preventing the normal operation of the mobile telephone network used to access the Website;
– In case of contamination by possible computer viruses circulating on the network;
– More generally, in the event of direct or indirect damage caused to the User, of any nature whatsoever, resulting from access to, or use of the Website;
– In case of abnormal use or illicit exploitation of the Website; or
– In the event of loss by Users of their login and/or password or in the event of identity theft.
8.2 Guarantee of the walls
The Customer is the beneficiary of the legal guarantee of conformity provided for by law and the guarantee against hidden defects.
As such, hellowall is obliged to deliver goods in compliance with the contract and is liable for any lack of conformity existing at the time of delivery of the My wall or Pix wall walls.
The action resulting from the lack of conformity shall become time-barred after one year from the delivery of the Wall.
In this respect, hellowall is liable for the guarantee on account of the hidden defects of the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
The action resulting from unacceptable defects must be brought by the individual Customer within two years from the discovery of the defect.
As such, the customer has a period of 3 days from delivery to form any reservations or claims for non-conformity or apparent defect of the items delivered, under the conditions provided in Article 6.5 of these Terms and Conditions.
After this period and failing to comply with this formality, the Wall shall be deemed to be compliant and free of any apparent defect and no complaint can be validly accepted by hellowall.
Finally, if the apparent defect or lack of conformity of the item is proven, hellowall undertakes to replace the item or reimburse the Customer within a maximum period of eight (8) days.
Nevertheless, hellowall cannot be held responsible for the misuse and/or intensive use of the Wall by the Customer.
hellowall shall not be liable for any use of the Wall by the Customer that is not recommended by hellowall, nor for indirect damages such as loss of profit, commercial or financial loss suffered by the Customer.
hellowall takes the greatest care in the implementation of its configurator thanks to which the customer designs his/her Wall from his/her uploaded photographs.
Therefore, hellowall cannot be held liable if the customer does not comply with the minimum resolution and quality required by the configurator or provides pictures of poor quality especially with regard to color or sharpness.
In the event that the walls delivered contain errors attributable to hellowall and of such a nature as to engage its responsibility, it is agreed that the repair due to the customer cannot exceed the price of the disputed product.
A Wall shall be installed and removed with extreme care, as per the technical advice given in the instructions.
Installation and removal tests are provided in good faith by hellowall, based on tests deemed reliable.
hellowall do not know the specifications and the condition of the customer’s medium where the Wall will be installed or removed, and therefore cannot guarantee the unfailing adhesion of its Wall, as well as any damage to the wall caused by the removal. All the Walls are sold with the understanding that the Customer has independently determined the relevance of the Walls for his personal use.
Installation conditions specified in the instructions received with any order:
Our walls shall not be installed:
- In damp or potentially damp rooms (bathrooms, conservatories…);
- Close to sources of intense heat (fireplace, stove, radiator, oven, hotplate…);
- Close to grease splash zones (backsplash, hotplates); or
- On the following surfaces: wallpaper, textured embossed fiberglass, glass surfaces, concrete, render/roughcast, or fancy effect paints.
Not suitable for outdoor use and damp rooms.
Avoid direct exposure to direct sunlight, which may cause the wall or part of it to fade.
Important: the medium must be perfectly smooth, dry, even, non-porous, and sound. Any unevenness in the wall could cause the Wall to become unstuck more quickly over time.
In addition, the medium must be clean, dusted and free from grease before installation.
On freshly painted walls, drying time of at least 1 month is necessary before applying the Wall.
8.4 Major force
hellowall cannot be held responsible, or considered as having failed to comply with these Terms and Conditions, 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 jurisprudence of the French courts including the interruption, suspension, reduction or disruption of electricity or other utilities or any interruptions of electronic communications networks and more generally for any external cause beyond its control or the act of a third party.
ARTICLE 9. USER’S LIABILITY
The use of the Website is made under the sole and entire responsibility of the User.
The User is solely responsible for the information he or she communicates from the Website, in particular any content that may be offensive or illegal or that may infringe the rights of third parties.
In this respect, the User declares that he has all intellectual property rights and image rights on the photos sent to hellowall, whatever their origin for the creation of the Wall.
Users grant hellowall a non-exclusive, worldwide licence to use of their Walls for the purpose of advertising on its Website, for the legal duration of the copyrights.
Users guarantee hellowall against any claim of any nature whatsoever that may arise in connection with their Walls, whether it be in respect of intellectual property rights, unfair competition, image rights or invasion of privacy and undertake to reimburse hellowall for any sums it may be ordered to pay in this respect.
In the event of abnormal use or illicit exploitation of the Site, the User is solely responsible for any damage caused to third parties and the consequences of any claims or actions that may result.
Users waive the right to exercise any recourse against hellowall in the case of legal action taken by a third party against them due to the illicit use and/or exploitation of the Website.
Users undertake, in a general way, to comply with all regulations in force in France.
Users agree not to use the Website for:
- publishing, transmitting, sharing, storing or otherwise making available content that is contrary to public order, harmful, threatening, illegal, defamatory, unauthorized, abusive, offensive, malicious, vulgar, obscene, fraudulent, infringing on privacy or image rights, hateful, inciting violence, racial or ethnic hatred or otherwise objectionable;
- impersonating a third party;
- sending any material that contains computer viruses or any computer code, files or programs designed to interrupt, destroy or limit the operation of any computer software or hardware or electronic communications; and
- publishing, transmitting, sharing, storing or otherwise making available any content that constitutes or encourages a criminal offence or provides instructions on how to commit it, infringes the rights of a third party or is likely to give rise to liability on the part of a third party, or violates local, national or international law.
Users shall refrain from reselling their designs outside the Website.
ARTICLE 10. INTELLECTUAL PROPERTY RIGHTS
All the elements of this Website (in particular the graphic charter and the structure of the Website) are protected by copyright, trademark law and design law.
These elements are the exclusive property of hellowall and subject to its express authorization. All these rights are reserved for the whole world.
Access to the Site does not apply to the User, recognition of an intellectual property right on the Website, which remains the exclusive property of hellowall.
hellowall grants the User a non-exclusive licence to use the Website. This licence is strictly personal and may not be assigned or transferred to any third party under any circumstances. The licence is granted for the duration of use of the Website and in the country in which the User is established.
Apart from the rights granted, the User is not allowed to:
- Reproduce the Website and/or its configurator and Wall;
- Sell, rent, sublicense or distribute in any way whatsoever the Website, the Wall and/or configurator;
- Modify and/or merge the Website, configurator and/or the Wall into other IT programs; or
- Compile, decompile, disassemble, translate, analyse, reverse engineer the Website and/or configurator.
No title or right of any kind to any material or software will be obtained by downloading or copying material from this Website. It is strictly forbidden for the User to reproduce (except for his/her personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Website and the elements and software it contains, nor modify them or do any work based on them, nor sell or participate in any sale in connection with this Website, the elements of this Website or any software related to it.
The texts, images, drawings and layout as well as the graphic charter of the Website are protected by intellectual property law.
It is forbidden to copy, extract, distribute or modify the content of the Website for commercial purposes. Downloading and printing of text, images and graphics is permitted for private, non-commercial use only. The reproduction of drawings, pictures, sound documents, video clips, wall templates and texts in other electronic or printed publications requires the prior written consent of hellowall.
Failure to do so is punishable by the offence of counterfeiting under Article 335-2 of the French Intellectual Property Code.
The trademarks and logos appearing on the Website are distinctive signs belonging to hellowall.
Any total or partial reproduction of the brands and/or logos present on the Website, made from elements of the Website without the express authorisation of hellowall is illicit.
Designs and Models
hellowall has intellectual property rights on the My wall templates under design rights.
Registration No. 6622684 by Wall Stories.
Consequently, any total or partial reproduction of these templates present on the Website, without the express authorization of hellowall is illicit and constitutes counterfeit.
ARTICLE 11. INSURANCE
Each of the Parties guarantees to be insured for the consequences of its civil liability in the event that it is incurred.
ARTICLE 12. PERSONAL DATA
hellowall collects personal data about the User and/or Customer in order to offer the Wall. For more information on the processing operations carried out, please review the personal data protection policy accessible here.
ARTICLE 13. MEDIATION
In the event of a dispute, the User must first contact the hellowall User Department:
By e-mail: firstname.lastname@example.org
The Customer having the quality of consumer can have recourse to a mediator for any dissatisfaction after having previously addressed a written complaint to hellowall.
In case of failure of the request for complaint to the user Department or in the absence of answer from this Department within two (2) months, the Customer may submit the dispute relating to the present General Terms and Conditions opposing it to hellowall to a mediator who will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
To submit his or her request for mediation, the Customer has a complaint form available on the mediator’s website.
The Parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
For more information, you can also visit the website of the Commission for the Evaluation and Monitoring of Consumer Mediation.
The European Commission provides with an online dispute resolution platform, accessible at the following address:
ARTICLE 14. INDEPENDENCE OF CLAUSES
The invalidity of one or more of the provisions of these General Terms and Conditions of hellowall shall not invalidate them.
The titles of the articles are given for information only.
ARTICLE 15. APPLICABLE LAW – ATTRIBUTION OF JURISDICTION
The present Sales Terms and Conditions are subject to French law.
For consumers, any dispute relating to the performance, interpretation or validity of these Terms and Conditions shall, in the absence of mediation between the Parties, fall within the jurisdiction of the Court of the place of domicile of the defendant. (Article 42 of the French Code of Civil Procedure) or that of the place of delivery of the wall (Article 46 of the French Code of Civil Procedure), or the jurisdiction of the place where he/she was residing at the time of the conclusion of the contract or of the occurrence of the harmful event (Article R.631-3 of the French Consumer Code).
For merchants, any dispute between the parties relating to their commercial relations and in particular to the conclusion, interpretation, execution and termination of these general terms and conditions of service will be subject to the exclusive jurisdiction of the courts of the place where hellowall‘s registered office is located.
This attribution of jurisdiction shall also apply in the case of summary proceedings, multiple defendants or an action in warranty or guarantee.