Use the withdrawal form These General Terms and Conditions of Sale and Services are intended to define the conditions under which Hello Space, a simplified joint stock company with a capital of 18,500 euros, having its registered office at 9, rue Marceau in Tours (37000), registered in the Trade and Companies Register of Tours under identification number 841 478 019 and whose intra-Community VAT number is FR48841478019 (the "Seller"), offers USB flash drive for sale that provide replica backup on a cloud server that is remotely accessible via a platform (the "Item(s)").
Any order for Articles implies acceptance of these General Terms and Conditions of Sale of Services by any user of the Site who satisfies the corresponding eligibility conditions (the "Customer"). In particular, they specify the conditions for ordering, payment, delivery and management of any returns of the Articles ordered by the Customer.
Capitalized terms and expressions used herein have the following meanings:
« Item(s) » has the meaning ascribed to it in the opening statement;
« Client » has the meaning ascribed to it in the opening statement;
« Contract » has the meaning assigned to it in section 1.1;
« Parties » refers to the Seller and the Customer;
« Platforme » has the meaning assigned to it in section 8.1;
« Site » refers to the website accessible at the following address: www.gethellospace.com ;
« Third parties » means any natural or legal person or other entity, which is not a Party; and
« Seller » has the meaning ascribed to it in the opening statement.
The rules set out below shall apply to the interpretation of this Agreement:
(a) the titles of the articles and appendices are included for convenience and in no way affect the interpretation of any of the provisions hereof;
(b) the use of the terms "including", "in particular", or "in particular" implies that the following list is not exhaustive or restrictive;
(c) the term "or" is not exclusive;
(d) the definition of a singular term also applies to that term when it is used in the plural and vice versa. The same applies to the use of the male or female gender;
(e) the counting of time limits expressed in days, months or years must be done in accordance with the provisions of Articles 640 to 642 of the Code of Civil Procedure;
(f) any reference to a party includes a reference to its heirs, successors and assigns; and
(g) any reference to a document means that document as it may be amended or replaced (other than in violation of the provisions hereof).
The Customer represents and warrants to the Seller;
(i) that it has the capacity to enter into and perform the Contract;
(ii) that the conclusion and performance of the Contract constitute valid and enforceable obligations against it; and
(iii) that compliance with the terms and conditions of the Contract does not constitute for it a violation of (x) any contractual obligation or law that may be enforceable against it, or (y) any decision of a competent authority that has been served on it.
In the event that any of the information provided by the Client or his personal situation changes (placing under guardianship, opening of bankruptcy proceedings, etc.), the Client undertakes to inform the Seller without delay. This information must be confirmed by registered letter with acknowledgement of receipt sent by the Customer to the Seller.
The photographs and graphics presented on any medium provided by the Seller, in particular illustrating the Article, are not contractual and do not engage the responsibility of the Seller.
The offer to sell the Article is within the limit of the available stocks as specified at the time of placing the order and are offered for sale for the territories indicated on the Site.
The Customer is informed of the existence of risks and dangers related to the transport, handling, storage or use of the Articles and undertakes, therefore, to take all necessary and appropriate measures. He must scrupulously respect the instructions for use of the Articles.
The choice and purchase of an Item is the sole responsibility of the Customer, it is the Customer's responsibility to check the accuracy of the order and to immediately report any errors.
The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order by e-mail.
The Articles are sold at the prices in force appearing on the Site at the time the order is recorded by the Seller. Prices are expressed in euros and include all taxes (excluding any taxes provided for in the third paragraph of Article 3).
The prices take into account any discounts that may be granted by the Seller on the Site. They are firm and non-revisable during their period of validity as indicated on the Site, the Seller reserves the right, outside this period of validity, to modify the prices at its discretion at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Site and calculated before placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is sent electronically by the Seller and delivered to the Customer when the Articles are ordered.
The price is payable by secure payment, according to the following terms and conditions:
By credit card: Carte Bleue (CB), Visa, MasterCard, AmericanExpress.
Payment data is exchanged in encrypted mode.
The Seller shall not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above. Payments made by the Customer shall only be considered final after the Seller has actually collected the sums due.
In addition, the Seller reserves the right, in the event of non-compliance with the above-mentioned payment conditions, to suspend or cancel the delivery of orders placed by the Customer.
The Items ordered by the Customer are delivered in metropolitan France and in the territories listed on the Site at the time of the order to the address indicated by the Customer when ordering on the Site or to a collection point as specified on the Site.
Except in special cases or unavailability of one or more Items, the ordered Items are delivered in a single delivery.
Deliveries are made by independent carriers, to the address mentioned by the Customer at the time of the order and to which the carrier will be able to easily access. The Customer is informed that the carriers do not guarantee delivery to the floor.
In any case, the carrier is required to deliver the order to a natural person designated by the Customer against signature: the carrier does not deposit packages. In accordance with the provisions of Articles L. 216-1 and L. 216-4 of the Consumer Code, delivery and the risk of loss or damage to the Articles are constituted by the transfer to the Customer or to a third party designated by him of physical possession or control of the Article.
The order includes delivery charges calculated according to the weight of the package, the address given by the Customer and the delivery method chosen by the Customer at the time of the order.
In the event of a particular request from the Customer concerning the conditions of packaging or transport of the ordered Articles, duly accepted in writing by the Seller, the costs related to this request will be the subject of an additional specific invoice.
The processing and delivery times specified on the Site and/or when placing the order are only indicative.
However, in the event that the ordered Articles have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L. 216-2, L. 216-3 and L 241-4 of the Consumer Code. The sums paid by the Client will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
The Seller is not liable for any delay in delivery and this situation cannot give rise to the payment of damages to the Customer.
In the event of damage or spoliation noted on the Articles upon delivery, the Customer must:
(i) enter on the delivery note written, precise and quantified reservations, dated and signed. The said slip must be given to the carrier and the Customer must keep a copy of it; and
(ii) notify such reservations by sending the Seller, within 24 hours by registered letter with acknowledgement of receipt, a copy of the said form.
If these two cumulative formalities are not completed, the Articles are deemed to have been delivered in good condition and no claim may be made by the Customer.
It is expressly agreed that, where applicable, the digital signature affixed by the Customer or by any person designated by the latter on a tracking computer terminal (PDA) presented by the carrier upon delivery of the order shall be authentic and may be validly opposed to it in the context of any procedure, for the purposes of proof.
When the Customer has himself undertaken to use a carrier he chooses himself, delivery is deemed to have been made as soon as the Articles ordered by the Seller have been delivered to the carrier in accordance with the provisions of Articles L. 216-1 and L. 216-4 of the Consumer Code. The Customer then acknowledges that it is the carrier's responsibility to make the delivery and has no recourse in warranty against the Seller in the event of failure to deliver the transported Articles.
For the duration stipulated in Article 8.6, the Seller grants the Customer access to a platform allowing remote access to the server storing the data saved by the Customer on the Article (the "Platform").
The replica backup of the data on the Platform is carried out according to the terms of the user manual in Appendix A, which requires, among other things, a secure Internet connection.
Once the period referred to in the first paragraph of this Article 8.1 has expired, the Seller does not guarantee the functionality of the Platform and the replica backup function of the Article. Consequently, the Customer may not claim any compensation from the Seller for the impossibility of using the Article and its incompatibility with any other server or platform.
The Platform is available at the following web address: www.gethellospace.com optimized for the latest versions of Opera, Chrome and Firefox browsers. The Seller is not responsible for the proper installation and operation of browsers on the Customer's workstations.
The identifiers provided are personal and confidential. The Customer undertakes to do everything possible to keep the identifiers secret and not to disclose them in any form whatsoever.
The Customer is fully responsible for the use of these identifiers. He will ensure that no other person not authorized by the Seller uses the Platform. In the event that the Customer becomes aware that another person is using the Platform, the Customer shall inform the Seller without delay and confirm it by registered letter with acknowledgement of receipt.
In the event of theft or loss of identifiers, the Customer shall inform the Seller without delay and confirm it by registered letter with acknowledgement of receipt. In addition, the Seller will be able to renew the Customer's password only if the Customer has its file with its recovery code provided when the Customer registers on the interface generated when the Article is first used. Otherwise, the Seller will be unable to renew the Customer's password and the Customer shall not be entitled to take any action against the Seller as such.
The Seller makes the Platform available to the Customer via the Internet network 24 hours a day, 7 days a week, with the exception of maintenance periods.
The Seller reserves the right to update and make functional changes to the Platform at any time. These updates and functional modifications of the Platform may temporarily disable access to application services.
The Customer is informed of technical contingencies and access interruptions that may occur. As a result, the Seller shall not be held liable for unavailability or slowdowns of application services.
The Customer undertakes not to expose the Platform to any risk of hacking and attempted hacking and to any attempt to damage the vulnerability of the Platform and its security system. Consequently, the Client must implement all appropriate measures to prevent the aforementioned risks or any other risk likely to affect the Platform and its host.
Le Vendeur s’engage à mettre en place des contrôles réguliers de nature à procurer une assurance raisonnable que le Client puisse accéder et utiliser la Plateforme dans les conditions déterminées par les présentes.
The Agreement does not confer any ownership rights to the developed Platform and its accessories. The temporary provision of the Platform cannot be analysed as the transfer of any intellectual property right to the Client.
Consequently, the Platform remains the sole property of the Seller or its partners. The Customer shall then strictly refrain from any adaptation, modification, arrangement, decompilation, without this list being exhaustive, of the Platform.
The Customer undertakes to use the Platform only in accordance with his or her personal needs related solely to the Articles.
The Customer shall also refrain from reproducing any element provided by the Seller, including documentation and user guides, by any means, in any form and on any medium whatsoever.
The Customer is solely responsible for the management and sharing of its data stored on the Article and Platform.
Consequently, the Customer must duly comply with data backup procedures and ensure that it does not share its data with any Third Party likely to hack into or damage the Platform.
The Seller grants the Customer access to the Platform for a period of twenty-four (24) months from the date of sending the confirmation email referred to in Article 4, tacitly renewable for the same duration without limitation (per 24-month period).
If one of the Parties does not wish to see this right of access tacitly renewed, it shall send the other Party at least thirty (30) calendar days before the next term, a registered letter with acknowledgement of receipt indicating its intention to terminate this right of access.
The Client remains the owner of all the data he communicates in the context of the use of the Platform.
In the context of the use of the Platform, the Seller may be required to process personal data contained in the Customer's files stored on the Platform.
This data is collected only for:
The Client undertakes to:
The Seller only assumes, within the meaning of EU Regulation 2016/679 of 27 April 2016, a role as a subcontractor of the Customer in the processing of personal data.
Consequently, the Seller does not determine the purposes and means of processing personal data. Personal data shall only be processed by the Seller upon documented instructions from the Customer, including with regard to transfers of personal data to a third country or international organisation, unless the Seller is required to do so under European or national law; in this case, the Seller shall inform the Customer of this legal obligation before processing, unless the law concerned prohibits information on important grounds of public interest.
If the Seller considers that an instruction constitutes a violation of EU Regulation 2016/679 of 27 April 2016 or any other provisions of European or national law relating to the protection of personal data, it will immediately inform the Customer.
The Seller undertakes to ensure that the following obligations regarding personal data are respected by its staff or service providers to whom it has recourse for the execution of the present contract:
In addition, the Seller undertakes, throughout the term of the Contract, to :
The Customer authorizes the Seller to use any subcontractor of its choice for the execution of the present contract. The Seller shall inform the Customer of any planned changes regarding the addition or replacement of other subcontractors, thereby giving the Customer the opportunity to object to such changes. This information will include the outsourced processing activities, the identity and contact details of the subcontractor and the dates of the subcontract. The Client has a period of fifteen (15) calendar days from the date of receipt of this information to present its objections. This subcontracting may only be carried out if the Client has not raised any objections within the aforementioned period.
The Seller undertakes that the subcontractor(s) shall be subject to the same data protection obligations as it is subject to hereunder, it being specified that when such subcontractor does not fulfil its data protection obligations, the Seller shall remain fully liable to the Customer for the performance by such subcontractor of its obligations.
Under these conditions, the Seller informs that it will, for the time being, have recourse to the following subcontractors:
2 rue kellermann
The Customer's data stored on the Platform is kept until the Customer deletes it and at the next earliest date:
The Seller undertakes under the terms of the earliest aforementioned date to delete all Customer data stored on the Platform unless European Union or national law requires the storage of such data.
The Seller's role is limited to supplying the Articles and making the Platform available to the Customer under the terms hereof.
The Client is solely responsible for the consequences of the use of the Platform by him and any Third Party.
The Client is required to ensure that the use of the Platform complies with legal and regulatory provisions. The Seller gives no guarantee to the Customer that the use of the Platform, which it makes or plans to make, will comply with national or international legal and regulatory provisions.
The Seller does not control the use of the Platform and the Article made by the Customer and the various data and information entered by the latter and by any third party. The Seller shall in no event be held liable for this content.
The Client undertakes not to seize any content likely to violate public order or morality, to provoke protests from Third Parties, or to contravene the legal provisions in force.
Consequently, it is expressly agreed that in the event that the Seller is challenged, in any capacity whatsoever, in any country whatsoever, by a third party on the basis in particular of an industrial and/or intellectual property right relating to an element supplied by the Customer, the Customer undertakes to fully guarantee the Seller of the direct and/or indirect economic and financial consequences (including procedural and defence costs) which would result from these claims.
The Customer must ensure that the data on the Article and the Platform are sent and may not blame the Seller on any grounds and for any reason whatsoever for the non-receipt or loss of the data transmitted. The Customer will then ensure that a backup of the transmitted data is kept.
At the end of the period stipulated in the first paragraph of Article 8.1 for any reason whatsoever, the Client is informed that the data transmitted as well as all the data stored on the Platform will be destroyed by the Service Provider without prior notice.
In any event, the Seller shall in no event be liable for any indirect or unforeseeable loss or damage of the Customer or Third Parties, including but not limited to any lost profits, inaccuracies or corruption of files or data, commercial prejudice, loss of revenue or profit, loss of customers or loss of opportunity related to this Agreement for any reason and on any basis whatsoever.
The Seller shall not be liable for any delay or non-performance of this contract due to force majeure, as defined by the case law of the French courts and tribunals.
In the event of the Seller's conviction and in the event that the Customer is a professional within the meaning of the Consumer Code, it is expressly agreed that the Seller's liability, in any capacity whatsoever, shall be limited to 1,500 euros.
In accordance with the legal provisions in force, the Customer has a period of 14 days from the receipt of the Article to exercise his right of withdrawal from the Seller, without having to justify reasons or pay any penalty, for the purpose of exchange or refund, provided that the Articles are returned in their original packaging and in perfect condition within 14 days following notification to the Seller of the withdrawal decision.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice. Damaged, dirty or incomplete items are not accepted.
The withdrawal process and form are available at the end of the general terms and conditions of sale.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the returned Item(s) and the related delivery costs shall be refunded; the return costs remaining the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Items returned by the Customer under the conditions provided for in this article.
As an exception to the principle set out in Article 6.1 above, pursuant to Article L. 221-28 of the Consumer Code, the Client does not have a right of withdrawal for contracts:
« 1° To provide services fully performed before the end of the withdrawal period and whose performance has begun after prior express agreement of the consumer and express waiver of his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the trader and likely to occur during the withdrawal period;
3° The supply of goods made to consumer specifications or clearly personalised;
4° The supply of goods that are likely to deteriorate or expire quickly;
5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after having been delivered and by their nature, are inextricably mixed with other items;
7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the trader;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of spare parts and work strictly necessary to respond to the emergency;
9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° The supply of accommodation services, other than residential accommodation, transport services of goods, car rental, catering or leisure activities, which are to be provided by a specified date or period;
13° The provision of digital content not provided on a material medium, the execution of which has begun after prior express consent of the consumer and express waiver of his right of withdrawal. »
The Articles sold by the Seller shall automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions of:
The Seller's liability shall not be engaged in the following cases:
In the event of lack of conformity, the Customer chooses between repairing or replacing the Article (unless otherwise provided for in Article L. 217-10 of the Consumer Code). However, the Seller may not proceed according to the Customer's choice if this choice results in a cost that is clearly disproportionate to the other modality, taking into account the value of the Article or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the Client.
In the event of a hidden defect, the Customer has the choice of returning the Item and having the price returned to him, or keeping the Item and having part of the price returned to him, as it will be arbitrated by experts.
In any event, the Seller may not be held liable in particular in the event of force majeure.
In accordance with Act No. 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The Customer has, in accordance with national and European regulations in force, a permanent right of access to modify, rectify and oppose information concerning him.
The Client may exercise his rights by writing to the following e-mail address: firstname.lastname@example.org or to the following postal address: Hello Space - 9, rue Marceau in Tours (37000).
A response to the Client's request will be sent within 30 days.
The content of the Site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
These General Terms and Conditions of Sale and the operations resulting from them are governed by and subject to French law.
In the event that these conditions are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.
In the event that a dispute concerning the validity, performance or interpretation of this Agreement is brought before the civil courts, it shall be submitted to the exclusive jurisdiction of the French courts to which jurisdiction is expressly attributed.
The Client is informed that he may in any event resort to conventional mediation or any alternative dispute resolution method (conciliation for example) in the event of a dispute.
In accordance with Article 14.1 of Regulation (EU) No °524/2013 of the European Parliament and of the Council of 21 May 2013, the Client may consult the following page for more information on his actions in the event of a dispute concerning this link
In addition, the Customer may contact the Seller free of charge at the following e-mail address: email@example.com
In accordance with the legal provisions concerning the amicable settlement of disputes, the Seller joins the service of the Medicys consumer mediator whose contact details are as follows: Medicys 73 boulevard de Clichy 75009 Paris FRANCE. After prior written action by the Customer as a consumer within the meaning of the Consumer Code with the Seller, the service of the aforementioned mediator may be contacted for any consumer dispute whose settlement has not been successful.
The Customer acknowledges having received, prior to placing his order, in a readable and understandable manner, these General Terms and Conditions of Sale and all the information and data referred to in Articles L. 111-1 to L. 111-8 of the Consumer Code, and in particular :
The fact of ordering on the Site implies full acceptance and acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Customer, who waives, in particular, to rely on any contradictory document, which would not be enforceable against the Seller.
You have the right to withdraw from this contract without giving any reason within fourteen days unless the legal exceptions provided for in Article 221-28 of the Consumer Code are applicable.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, physically take possession of the property.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e. g. letter sent by post, fax or e-mail). You can use the following the model withdrawal form; but it's not mandatory.
For the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
In the event of your withdrawal from this contract, we will refund you for all payments received from you, including delivery charges (except for additional charges arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will refund using the same method of payment as you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not result in any cost to you.
We may defer the refund until we have received the property or until you have provided proof of shipment of the property, whichever comes first.
You must return or return the goods without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This deadline is deemed to have been met if you return the property before the expiry of the fourteen-day deadline.
You will have to bear the direct costs of returning the property.
You are only liable for the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the property.