Article 1. Preliminary statement
LUGUS (hereinafter referred to as « LUGUS ») has as its main activity the creation and commercial operation of e-commerce websites.
LUGUS has been entrusted by HUMILITY the creation and operations of TMA (Third-Party Application Maintenance) of the site www.humility.fr (hereinafter referred to as the “Site”).
Article 2. Scope of application
These general terms and conditions of sale (hereinafter referred to as the “GTC”) apply by right to the sale of any item of the brand HUMILITY via the Site.
Within the framework of these GTC, the term “User” designates any person browsing the Site and the term “Customer” designates any person wishing to place or having placed an order on the Site.
The sale is deemed concluded on the date the order is accepted by HUMILITY
Prior to this date, and in accordance with the provisions of articles L. 112-1, L. 112-2 and L. 141-1 of the Consumer Code, these GTC are made available to any Customer for informational purposes.
The Customer's validation of any order constitutes full and unconditional acceptance of these GTC.
Article 3. Information relating to items
The items offered for sale by HUMILITY are those listed on the Site on the day it is accessed by the Customer.
Each item will have a descriptive sheet which, in addition to the photograph, will include: the price, available sizes and colors, composition, as well as specific features.
Minor differences between an item and its photograph may exist, depending in particular on the resolution and color definition of the User's screen.
HUMILITY is committed to delivering items that comply with current regulations concerning the safety and health of individuals in accordance with European provisions, notably legislation on regulated chemical substances.
Article 4. Price
Unless otherwise expressly stipulated, the prices of the items are those shown on the Site on the day of the order.
They are indicated all taxes included, excluding delivery charges. Delivery charges are communicated to the Customer on the order summary before validation and are expressed all taxes included. These charges are borne by the Customer and are invoiced in addition to the selling price of the items. These prices are, at this date, firm and final.
In case of display of an erroneous price, manifestly negligible (bargain price), whatever the reason (computer bug, manual error, technical error), the order - even if validated by HUMILITY - will be canceled, of which the Customer will be informed as soon as possible. In this case, the Customer may, if they wish, subject to availability of the items, reorder at the corrected and exact price.
Article 5. Orders
5.1 – Placing the order
The Customer formalizes their order by completing the following 5 steps:
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Step 1: The Customer selects the chosen Products and adds them to their cart after selecting the desired size and color.
The cart located at the top right of the screen informs the Customer that their selections have been taken into account by indicating the number of Products it contains.
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Step 2: the Customer checks the contents of their cart by clicking on "order" to access the order summary. The Customer can then modify their order (Product, size, quantity).
The total amount including tax of the order, distinguishing on the one hand the price due for the Products, and on the other hand the delivery charges, is then indicated in the summary.
- Step 3: Once the order has been checked and, if necessary, modified, the Customer validates their cart to finalize their order by clicking again on "order".
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Step 4: The Customer enters their billing and delivery details.
Except for the date of birth, address complement, and delivery information, all fields are required to complete the order, it being specified that unless otherwise indicated by the Customer, the billing address will automatically be the same as the delivery address.
If the Customer has already placed an order on the Site, they have a customer account. In such a case, they will identify themselves only with their email address and password.
The Customer then verifies all the information and clicks "validate" to proceed with their order.
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Step 5: The Customer enters their bank details
The Customer then accesses the secure payment screen as specified in article 4.3 below.
Payment is made online by credit card only.
The Client must enter their credit card number, expiration date, and the 3 digits of the security code on the back of their card, noting that in case of payment by American Express card, the Client must provide 4 digits.
If the payment is accepted, the Client will be redirected to an order confirmation screen on the Site.
In case of payment failure, the Client will have up to 3 attempts to re-enter their bank details. After the 3rd refusal, the Client will be redirected on the Site to a screen indicating the payment refusal.
The Client will then be invited to contact HUMILITY's customer service to understand the reasons and find a solution together to finalize the order.
5.2 – Order confirmation
Upon acceptance of the Client's payment, the Client will receive a confirmation email of their order, summarizing all ordered items, the billing and delivery address, as well as the delivery date.
Order validation by the Client and the order confirmation sent to the Client by email by HUMILITY following payment acceptance constitute the conclusion of a sales contract between the parties and acceptance of these GTC.
The Client who has placed an order will have the possibility to print their invoice by logging into the Site in the order tracking area provided for this purpose.
HUMILITY reserves the right not to validate the order in case of:
- abnormal or abusive claims,
- abnormal orders regarding the quantities ordered,
- abnormal or abusive exchanges and returns,
- existing dispute(s) with the client.
The company's customer service HUMILITY is available to the Client for any questions related to their order.
Customer service is available by phone at +33 (0)4 28 43 00 05 from Monday to Friday, from 9:00 AM to 12:30 PM and from 1:30 PM to 5:00 PM, and by email at the following address serviceclients@humility.fr
5.3.1 – Payment
The price of purchased items is payable in full, in cash, on the day the order is placed by the Client. Payment is made online by credit card (Carte Bleue, Visa, Eurocard/Mastercard/American Express/Paypal) at the time of order validation by the Client.
The card debit authorization request is made at the time of order validation on the Site, except in case of server unavailability. HUMILITY reserves the right to make a new direct debit authorization request if the first could not be completed due to server unavailability.
In the event of non-payment, incorrect address, or any other problem with the Client's account, HUMILITY reserves the right to block the Client's order until the issue is resolved.
In case of fraudulent use of their bank card on the Site, the Client is invited to contact HUMILITY at the following number: +33 (0) 4 77 23 69 89 from Monday to Friday, from 9 a.m. to 12:30 p.m. and from 1:30 p.m. to 5:30 p.m. or by email at the following address serviceclients@humility.fr
HUMILITY implements all necessary means to ensure the confidentiality and security of bank data transmitted on the Site. The Site is equipped with an online payment security system allowing encryption of the Client's data. Payment information is transmitted according to the highest security standards. The transmission of bank data is guaranteed by the partner of HUMILITY : SHOPIFY PAYMENTS (SHOPIFY PAYMENTS being a technical provider, it does not handle disputes related to orders, which are dealt with directly by HUMILITY as specified above or, if applicable, by the Client's bank).
All information exchanged to process the payment is encrypted thanks to the SSL (Secure Socket Layer) protocol: this data cannot be detected, intercepted, or used by third parties. At no time do the Client's financial data transit through the computer system of HUMILITY. SHOPIFY PAYMENTS checks that the connection with the Client's browser is secure before sending the payment form to the banking institution that processes the financial transaction.
In accordance with the provisions of article L.221-11 of the Consumer Code, the Client will receive, at the latest upon delivery, for each item, written confirmation of the price paid detailing the price of the items and any delivery charges that may be borne by them.
5.3.2 – Payment in 3 or 4 installments
If you pay for your order in installments, you accept the KLARNA general client terms as well as the KLARNA special conditions for HUMILITY clients.
DEFINITIONS
Words starting with a capital letter in the general terms and conditions and the special conditions have the following definitions:
- Seller: Any legal entity selling goods or services.
- Provider: Oney Bank - SA with a capital of €51,286,585 - Head office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias number: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr
- Client: an adult individual or legal entity paying for their purchases from the Seller via the payment service of the Provider.
- Accepted Countries: List of countries from which the Client's payment method must originate. Unless otherwise stated in the Special Conditions, this is only France.
PURPOSE
"Pay in installments" is a payment facility granted by the Seller to the Client allowing the spreading of the order payment over several installments (2, 3, or 4 times depending on the Seller's choice). This payment facility does not fall within the scope of consumer credit regulations (see art. L311-3 of the Consumer Code).
The Provider provides technical support to the Seller and the Client for the implementation and management of this payment facility.
CONDITIONS
Access to the payment facility is reserved for individuals (adult natural persons) and professionals (legal entities) residing in an Accepted Country.
These persons must hold a bank card of the Visa, Mastercard, American Express, or Cartes Bancaires type issued in an Accepted Country, or a bank account held by a bank domiciled in an Accepted Country. In case of payment by card, it must be valid for at least one month after the date of the last installment of the payment facility. Cards with systematic authorization, credit, prepaid, virtual, or from a country not on the list of Accepted Countries are not accepted.
Access to the payment facility service is subject to KLARNA's decision, which may refuse access to the Client, especially in cases of suspected fraud or risk of non-payment.
The Provider may request additional information from the Client in order to authorize their access to the payment facility. This request may concern the Client's identity document or a request for access to the Client's bank account.
The Client commits to allowing the Provider to debit their bank account for the amounts due on the dates specified in the special conditions.
The Client agrees that the debt the Seller has against them may be assigned to a third party.
EFFECTIVE DATE
The Client confirms their request to access the payment facility by clicking the "Pay in installments" button (or "Pay in 3 installments", "Pay in 4 installments") on the Provider's interface. If applicable, the Client may be asked to provide their signature.
The Seller confirms their agreement to this payment facility by the message "Payment accepted" or "Accepted" on the Provider's interface. The Client's order is then validated and the payment facility takes effect immediately.
WITHDRAWAL
The individual Client has a period of fourteen calendar days to withdraw from the contract starting from the receipt of their order. During these fourteen days, they may:
- Proceed with the cancellation of the purchase: the payment facility will then be cancelled and all amounts already paid to the Seller by the Client will be refunded to them;
- Waive the payment facility granted by the Seller and decide to pay in full, by contacting the Service Provider directly at https://www.klarna.com/fr/service-client/
In case of withdrawal, any fees paid by the Client will be refunded (excluding return shipping costs). If they meet the withdrawal conditions described in article L121-16-1 of the Commercial Code, the professional Client also benefits from a withdrawal right for a period of fourteen calendar days, under the same conditions as for an individual Client.
CANCELLATION
If all or part of the order is canceled in accordance with the Seller's general conditions, the amount of the payment facility will be revised accordingly to align with the new amount due.
If applicable (for example in case of total cancellation of the order), the Seller will refund the Client any overpayments.
TERMINATION
In case of non-payment by the Client on the due date of an amount owed, the Seller may terminate the payment facility offer made and demand immediate payment of the total remaining amount.
Similarly, the Seller may terminate the offer in case of false declaration by the Client (personal information, banking data). Immediate payment of the total remaining amount may then be required.
In case of bank fraud, organized fraud, or proven non-payment, the Service Provider may take the following actions:
- early debit of funds on all cards connected to the Client;
- freezing of the Client's funds to proceed with the collection of their default;
- freezing of the Client's funds to allow further investigations;
- request for cancellation of the sale with the Seller.
Funds or bank cards are considered 'connected' to a Client as soon as the Service Provider has sufficient elements corroborating a link. To prove its good faith, the Service Provider will document all elements that allowed these connections, notably to be able to present them to a court.
Funds freezing may be applied for a period of up to 180 days (notably in case of use of forged documents) to allow the Service Provider's teams to conduct the necessary investigations to establish the facts. At the end of this period, the funds will be refunded to the Client free of charge or retained to cover a default by the Client.
RELATIONS
To facilitate and streamline exchanges, the Seller delegates the entire management of the payment facility (control, acceptance, withdrawals, reimbursement, collection) to the Service Provider. The latter uses dematerialized communication media.
The Client may, however, receive these general and specific conditions on paper if they request it from the Service Provider.
PROOF
The Seller, the Customer, and the Provider agree that data, files, records, or any operation received or stored on any IT medium of the Seller or the Provider, as well as any exchange between the Customer and the Seller or the Provider carried out electronically or by any other dematerialized means, constitute proof of the payment facility granted.
The Customer acknowledges that clicking the "Pay in installments" button, or signing on the Provider's interface, constitutes full and complete commitment on their part.
INFORMATION, COMPLAINTS
For any questions regarding these terms, or in case of a complaint, the Customer can contact the Provider at https://www.klarna.com/fr/service-client/.
DATA COLLECTION AND PROCESSING
See our Privacy and data management policy.
SPECIFIC CONDITIONS FOR GERMAN CUSTOMERS
For the purpose of the credit rating/solvency checks of certain customers in Germany, we request data from Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss, Germany, on customers' personal address and solvency, which is saved in its database, including score values calculated using actuarial techniques. To permit this, we have credibly demonstrated our legitimate interest in this data. The calculation of the solvency score value also uses address data amongst other things.
Special conditions for HUMILITY customers
PURCHASE AMOUNT
Purchases are eligible for installment payment with KLARNA at the HUMILITY merchant, click here to learn more.
FEES FOR THE CUSTOMER
When paying in installments with KLARNA at the HUMILITY merchant, the customer pays no fees.
ACCEPTED COUNTRIES
France
5.4 – Order archiving
The order confirmation is recorded in the registers of LUGUS, which are themselves kept on a reliable and durable medium. The Customer agrees that the order confirmation shall be considered as proof of the contractual relationship between the Parties.
Article 6. Delivery
HUMILITY will deliver the order(s) accompanied by a delivery note within a maximum period of ten (10) working days for delivery to Metropolitan France, and thirty (30) working days for delivery to any other country, starting from the day following the payment of the order.
From the time of delivery, risks are transferred to the Client.
Any order placed on the Site from Monday to Friday before 12 p.m. will be processed the same day; after 12 p.m., it will be processed the next day. Any order placed on Friday after 12 p.m., Saturday, and Sunday will be processed the following Monday. Orders placed on a public holiday will be processed the next working day.
In case of delivery delay not justified by force majeure, the Client may request – if they wish – the cancellation of the sale and obtain a refund of the amounts paid within a maximum period of thirty (30) days.
For orders outside France, when the package intended for export arrives at its destination, it will be the recipient's responsibility to pay any taxes or customs duties applicable in the destination country.
Local authorities can usefully inform the Client.
Article 7. Guarantee of conformity – Guarantee against hidden defects
The Client is required to check the conformity of the items received in execution of their order at the time of delivery. Any anomaly concerning the delivery such as damaged package, missing item(s), damaged item(s), item(s) not conforming to the order (non-exhaustive list) must be reported within the legal deadlines following receipt of the order.
This notification will be sent to HUMILITY Customer Service by registered letter with acknowledgment of receipt, at the following address:
HUMILITY
Returns department
3 chemin de la chapelle
42300 MABLY (France)
Or by email at the following address serviceclients@humility.fr
When the Client acts under the legal guarantee of conformity, they:
- has a period of two (2) years from the delivery of the concerned item to take action; and
- may choose between repair and replacement of the concerned item subject to the cost conditions provided by article L. 217-9 of the Consumer Code.
After these legal deadlines, except for hidden defects, no claim will be accepted by HUMILITY, the items then being deemed compliant.
For any return of a non-compliant item, the Client must follow the procedure below:
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The Client must include in their package the return form previously completed and printed using the return form accessible from the Client area - “My Orders” section.
No return will be accepted without the said duly completed return form.
- Items must be returned either in their original packaging or in packaging that protects them from any damage, with their label and any accessories allowing their resale, to the address mentioned below.
Returns or exchanges will not be accepted in store.
Return costs will be the sole responsibility of HUMILITY.
When the non-compliance has been established, HUMILITY will offer the Client a refund of the order price (price of the item(s) and delivery charges) as well as the return costs of the non-compliant item(s), no later than thirty (30) days from the date of sending the notification confirming the non-compliance by the Customer Service.
Regarding the reimbursement of return costs, HUMILITY refers to the rate schedule displayed by La Poste as of March 1st of the current year (Colissimo delivery without registered mail). The Customer must provide proof of the return costs incurred to Customer Service, by email or by mail (address above).
In case of abnormal or abusive claims, HUMILITY may refuse to fulfill a subsequent order.
This warranty does not cover defects caused by abnormal or improper use or resulting from a cause unrelated to the intrinsic qualities of the items.
In any case, the above provisions do not exclude the application of the legal warranty against hidden defects under articles 1641 and following of the Civil Code, in accordance with the provisions of article L. 217-4 of the Consumer Code. In this case, the Customer may choose between the cancellation of the sale and a reduction of the sale price in accordance with article 1644 of the Civil Code.
The Customer may exercise these guarantees by sending their request to Customer Service at the following address:
HUMILITY
Returns department
3 chemin de la chapelle
42300 MABLY (France)
Or by email at the following address serviceclients@humility.fr
Article 8. Right of withdrawal – Returns
In accordance with current legislation, and notably articles L.221-18 to L.221-28 of the Consumer Code, the Customer has a period of thirty (30) calendar days from the day after the date of receipt of the item to exercise their right of withdrawal, without having to justify their decision or incur penalties.
In the case of an order for several items delivered separately or in the case of an order composed of lots or multiple pieces with staggered delivery over a defined period, the period starts the day after the receipt of the last item of the lot or the last piece.
For contracts providing for the regular delivery of items over a defined period, the period starts the day after the receipt of the first item.
The Customer then has, in accordance with article L.221-23 of the Consumer Code, a period of thirty (30) days following the notification of their decision to withdraw to return the item(s).
For any return under the right of withdrawal, the procedure below must be fully and strictly followed:
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The Customer must include in their package the return form previously completed and printed using the return form accessible from the Customer area - "My Orders" section.
No return will be accepted without the said duly completed return form.
- Items must be returned in their original packaging, with their tags and any accessories, in a condition suitable for immediate resale to the following address:
HUMILITY
Returns department
3 chemin de la chapelle
42300 MABLY (France)
Return shipping costs are free for any order in mainland France, Belgium, and the Netherlands, and outside these areas are the responsibility of the client.
The risks related to the return are the sole responsibility of the client.
Subject to the above conditions, HUMILITY will refund the Client the VAT-inclusive amount of the returned items (price of the item(s)) excluding return shipping costs.
In the event that the client returns the entire order, the initial shipping costs will be refunded.
The Client's bank account will be credited with the said amount within fifteen (15) days following the return request. This period may be extended until receipt of the returned item(s) by HUMILITY or proof of shipment thereof.
Article 9. Intellectual property rights
The User acknowledges and agrees that all copyrights, trademarks, and other intellectual property rights relating to all information or content on the Site shall at all times be the property of HUMILITY or those who have granted it a license.
The User of the Site is prohibited from extracting, representing, reproducing, or more generally infringing all or part of the Site.
Article 10. Protection of personal data – cookies
As part of the User's browsing or use of the Site, HUMILITY is led to process and collect personal data.
The privacy policy is an integral part of the Terms and Conditions of Sale; it informs about how HUMILITY collects and processes personal data.
The privacy policy and the cookie charter can be viewed at the following address: https://www.humility.fr/fr/rgpd
To exercise the rights provided by the regulations relating to personal data as explained in the said policy, each User may contact HUMILITY:
- By mail: HUMILITY – RGDP – 3 chemin de la chapelle 42300 MABLY (France)
- Or by email at the following address: rgpd@humility.fr
Article 11. Amicable settlement of disputes
Under article L. 612-1 of the Consumer Code, "Every consumer has the right to free recourse to a consumer mediator for the amicable resolution of the dispute opposing them to a professional."
Disputes falling within the scope of article L. 612-1 of the Consumer Code are disputes defined in article L. 611-1 of the Consumer Code, namely contractual disputes concerning the execution of a sales contract or service provision, between a consumer and a professional.
The text covers both national and cross-border disputes.
Pursuant to the aforementioned articles and in accordance with current regulations, for any difficulty, HUMILITY invites the Client to contact them first at the following address:
HUMILITY
Returns department
3 chemin de la chapelle
42300 MABLY (France)
Or by email at the following address serviceclients@humility.fr
Within one year following the Client's request to the services of HUMILITY, pursuant to article R. 616-1 of the Consumer Code, the Client may have their request examined by a mediator whose contact details are provided below, knowing that a dispute can only be examined, except in exceptional cases, by a single mediator:
Mediation and Arbitration Center - CMAP
http://www.cmap.fr
For any cross-border dispute:
European Consumer Centre France:
europe-consommateurs.eu
The Client may, at their own expense, be assisted by a counsel.
Article 12. Applicable law
These Terms and Conditions of Sale are governed by French law.
Any dispute arising from the formation, interpretation, or execution of these Terms and Conditions of Sale is subject to the exclusive jurisdiction of the courts within the jurisdiction of the Lyon Court of Appeal, notwithstanding multiple defendants or third-party claims.
