General conditions of sale

General Conditions of Sale

 

E-Commerce – Hawaikii Cosmetics

Last updated December 26, 2024.

Welcome and thank you for your trust. Below you will find the General Conditions of Sale applicable to the Hawaikii website.

Hawaikii was founded with a passion for natural beauty and a deep respect for our environment. I started my business with no initial financial capital, but invested €4,000 in training to create my brand. This investment has given me the skills needed to build a strong and respected brand.

In addition, I benefited from valuable support and advice at the beginning of my journey, which helped me optimize the launch of my products. I also dedicated €1,000 to establishing an initial stock, thus laying a solid foundation for the development of authentic and healthy products inspired by the richness of French Polynesia.

My goal is to continue to grow and evolve by reinvesting our profits into improving our products and services, while maintaining our commitment to sustainability and customer satisfaction.

  • DEFINITIONS

Capitalized terms refer to the following definitions:

Hawaikii refers to hawaikii as an “individual entrepreneur” whose registered office is located at 20 Rue de la treille. Registered in the Trade and Companies Register under number 952 337 152, the registered office is located at 17430 in Tonnay Charente.

“hawaikii.com” refers to the website(s) accessible from the URL link: https://hawaikii.com and all sites published by Hawaikii to present and sell its Products.

The “User” means any person browsing the Site.

The “Product” means any type of material product sold online on the Site, and in particular hawaikii cosmetics.

The “Order” means any purchase of a Product by the Customer from Hawaikii, via the Site.

The “Customer” means the natural or legal person, professional or not, purchasing a Product from Hawaikii, on the Site.

The “ General Conditions of Sale ” or “GCS” means these general conditions of sale, applicable within the framework of the contractual relationship between Hawaikii and its Customers, which include the confidentiality policy possibly available on the Site and any element of the Site to which they expressly refer.

The “Partner” means any professional partner with whom Hawaikii maintains a business relationship or to whom Hawaikii may call upon in the context of the sale of a Product and to whom the Customer could be referred in the context of his Order.

Site Definition

This website, www.hawaikii.com , hereinafter referred to as "the site", is an online sales space dedicated to the presentation and marketing of healthy and authentic cosmetic products inspired by French Polynesia. The site is the property of MARTIN Nelly, "Hawaikii", a company registered under number 95233715200013 and whose head office is located at 20 Rue de la treille 17430 Tonnay charente. The VAT number assigned is FR469 52337152. Use of the site is governed by these general terms and conditions of sale, which define the rights and obligations of users and MARTIN Nelly, "Hawaikii" in the context of ordering products. By accessing the site and placing an order, the user unreservedly accepts these general terms and conditions of sale. The site offers users the opportunity to browse and purchase a selection of cosmetic products, as well as take advantage of information and resources related to natural beauty and respect for the environment.

  • FIELD OF APPLICATION
  1. Purpose. These General Terms and Conditions govern the sale of any Product to a Customer on the Site, which includes the conditions of use of the Site made available by the Company. The General Terms and Conditions are accessible at any time on the Site. They take effect from their update date indicated at the top of these General Terms and Conditions and prevail, where applicable, over any other version, prior or future.
  2. Capacity. Any use of the Site to place an Order implies acceptance and compliance with all the terms of these General Terms and Conditions. The Customer declares that he/she is of legal age and has the capacity to enter into a contract under the law of his/her country or declares that he/she represents, by virtue of a valid mandate, the person for whom he/she is placing the Order.
  3. Acceptance of the General Terms and Conditions. The Customer declares that he/she has read the General Terms and Conditions and has accepted them before any Order, which implies unconditional acceptance of these general terms and conditions of sale. By this acceptance, the Customer acknowledges that, prior to any Order, he/she has received sufficient information and advice from the Company, allowing him/her to ensure that the content of his/her Order is suitable for his/her needs. These General Terms and Conditions constitute the entirety of the rights and obligations of the parties within the framework of their contractual relationship.

Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptances and transactions.

  1. Scope of the T&Cs. The Customer may request a copy of the version of the T&Cs applicable to his Order at any time. No specific conditions, at the initiative of the Customer, may be added to and/or substituted for these. The T&Cs apply to the exclusion of all other conditions, and in particular those applicable to sales through other distribution and marketing channels of the Products. Hawaikii, EI, reserves the right to provide special conditions for the sale of certain Products, special offers, special guarantees, etc. which are provided to the Customer before the Order. The fact that one of the Parties, at a given time and for whatever reason, does not avail itself of a breach by the other Party of any of the obligations contained herein, cannot be interpreted as a waiver of its right to avail itself of them in the future.
  • PRODUCT FEATURES

The Products governed by the General Terms and Conditions are described and presented with the greatest possible accuracy. The Customer may refer to the presentation of the Product on the Site, which is summarized on the Order page and in the confirmation email. The Customer is expressly advised that any Product offer is subject to change. Only the Product described during the Order is due to the Customer.

Without prejudice to the provisions of the Consumer Code relating to updates, the Product purchased by the Customer is provided in its version up to date on the date of purchase.

  • ORDER
  1. Order on the Site. After selecting the Product that he wishes to purchase on the Site, the User is directed to an Order page on which he enters his personal details (last name, first name, email address, postal address, telephone number) and, where applicable, all the necessary and accurate information and contact details to enable the delivery of the Product and the invoicing of the Order. The User selects the payment methods (single payment or in several installments, payment method) according to the possibilities offered by Hawaikii.
  2. Verification of information. The Customer is solely responsible for the accuracy of the information provided and guarantees Hawaikii against any false identity. The Customer may not hold Hawaikii liable for any failure resulting from the inaccuracy or falsehood of the information provided at the time of the Order, which will be used to deliver the Product. The Customer must ensure that he will actually be able to receive his Order at the address provided, according to the delivery times indicated when placing the Order.
  3. Payment obligation. Any Order received by Hawaikii is deemed firm and final, entails full acceptance and adherence to these General Terms and Conditions under the conditions provided, and obligation to pay for any Product ordered.
  4. Electronic signature The online provision of the Customer's bank details and the final validation of the Order will constitute proof of the Customer's agreement and (i) the amount due under the Order (ii) Signature and express acceptance of all operations carried out.
  5. Validation of the Order. After having read and accepted the General Terms and Conditions by checking the box provided for this purpose, the Customer is directed to a summary page of his Order, on which he provides his bank details before validating his payment. It is the Customer's responsibility to check the summary information of his Order and to rectify it if necessary, before validating the payment of the Order. This second click definitively confirms the Customer's Order.
  6. Order Confirmation. The Customer receives a confirmation and summary email of his Order as soon as the payment is actually validated by the Company or its payment service provider. The Customer must have a functional sending and receiving email box. Otherwise, he will not be able to receive written confirmation of his Order at the email address provided, nor receive the summary email of his Order.
  7. Proof of the transaction. The computerized records, stored in the Company's computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
  • PRICE CONDITIONS
  1. Applicable rates. The Product ordered is sold at the rates in force appearing on the Site when the Customer's Order is registered by Hawaikii.

For sales within the European Union, prices are indicated in euros and take into account the VAT applicable on the day of the Order.

  1. Due date of the amounts. Validation of the Order makes all amounts due under it due. By validating his Order, the Customer authorizes Hawaikii (or its Partners, payment service providers) to send instructions to his bank to debit the bank account whose details were provided by the Customer, according to any due dates indicated in the summary of the Order.
  2. Payment method. To pay for his Order, the Customer has the choice of all the payment methods made available to him by Hawaikii and listed on the Site.

Hawaikii payment method details :

To facilitate your shopping experience, we offer several secure payment methods. You can pay for your orders using the following options:

  • BANK CARD (CB): We accept payments by bank card, including visa and mastercard. All card payments are processed securely.
  • PAYPAL: If you prefer to use Paypal, you can also pay for your purchases through this service. This payment method allows you to make transactions quickly and securely without having to enter your bank details for each order.

IMPORTANT: We would like to inform you that payments in installments are not allowed on our site. Payment for your order must be made in a single transaction. We guarantee that all transactions made on our site are protected and that your personal data is treated with the utmost confidentiality.

  1. Debit authorization. By providing their banking information when placing the Order, the Customer authorizes Hawaikii to debit the account for the amount of the price indicated on the Site for the corresponding Product.
  2. Special offers and discount vouchers. Hawaikii reserves the right to offer limited-time launch offers, promotional offers or price reductions on its Products and to revise its offers and prices on the Site at any time, under the conditions provided for by law. The applicable prices are those in effect at the time of the Customer's Order, who may not claim other prices, prior or subsequent to his Order. Discount vouchers may be subject to special conditions and are in any event strictly personal to their beneficiary and can only be used once.
  3. Payment incident - Fraud. Hawaikii reserves the right to suspend any processing of the Order and any delivery in the event of refusal of authorization of payment by credit card by officially accredited organizations or in the event of non-payment. Hawaikii reserves in particular the right to refuse to honor an Order from a Customer who has not fully or partially paid a previous Order or with whom a payment dispute is in progress.

Hawaikii may contact the Customer to request additional documents to execute the payment of the Order. Hawaikii may rely on the information provided by the Order analysis system. The provision of the requested documents is necessary for the confirmation of the Order by Hawaikii. In order to combat credit card fraud, a visual check of the means of payment may be carried out by the Company before delivering the Product. In the event of fraudulent use of his bank card, the Customer is invited, as soon as this use is noted, to contact Hawaikii, without prejudice to the steps to be taken by the Customer with his bank.

  1. Default or late payment. The interests and penalties provided by law apply in the event of default or late payment by the consumer or professional Client.

  • DELIVERY
  1. Stock availability. The Products are offered for sale and delivered within the limits of available stocks. In the event of unavailability of the Product ordered, Hawaikii will immediately inform the Customer and may offer them a Product of equivalent quality and price or, failing that, refund the Order if the Customer is a consumer. Apart from refunding the price of the unavailable Product, Hawaikii is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it. Reimbursing the customer in the event of unavailable stock within the agreed period is an obligation (Art. L121-20-3 of the Consumer Code).
  2. 2. Retention of title and transfer of risks. Hawaikii remains the owner of the Products sold until full payment of the price and the Customer undertakes, as long as ownership has not been transferred to it, to take all necessary precautions for the proper conservation of the Products. Except in the case where full payment of the price has not been collected at the time of the Order, ownership of the Product is transferred to the Customer upon delivery. Any risk of loss or damage to a Product is transferred to the Customer at the time when the latter or a third party designated by the latter (for example, a collection point, a concierge, etc.) and other than the carrier proposed by Hawaikii, takes physical possession of it. In any event, when the Customer entrusts the delivery of the goods to a carrier other than that proposed by Hawaikii, the risk of loss or damage to the Product is transferred to the Customer upon its delivery to the carrier.
  3. Delivery time . Unless otherwise stated on the Site at the time of the Order and/or on the Order page and unless the law authorizes a longer period, Hawaikii undertakes to deliver any Product within 2 to 4 days after receipt of the Order in France only. The delivery times indicated at the time of the Order may be longer and vary taking into account the delivery contingencies of the postal services and any unforeseeable event external to Hawaikii, or the carrier (e.g. strike).
  4. Late delivery. When the ordered Product is not delivered on the date or at the end of the period mentioned on the Order form or provided for in the General Terms and Conditions, the Customer may, after having unsuccessfully ordered Hawaikii to fulfill its delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgement of receipt or by writing on another durable medium. The contract is considered terminated upon receipt by Hawaikii of the letter or writing informing it of this termination, unless Hawaikii has performed in the meantime. When the contract is terminated under these conditions, the Company will reimburse the Customer for all sums paid, at the latest within fourteen days following the date on which the contract was terminated . This clause corresponds to art. L216-2 and -3 of the Consumer Code.

Unless otherwise provided by law, and unless otherwise provided herein, delays in delivery cannot give rise to damages or compensation of any kind whatsoever. Hawaikii reserves the right to forward the Customer's complaint to the carrier responsible for delivery, which may, where appropriate, be required to request further information from the Customer regarding the reported delay.

  1. Place of delivery . The Products are delivered to the delivery address provided by the Customer when placing the Order, which cannot be changed once the Order has been finalized. Delivery may be made by direct delivery to the delivery address or to a collection point. The Customer must collect the Product ordered within 5 to 10 days from the notice of availability. The Customer may be asked for any non-expired proof of identity prior to delivery of the Product. If the Product is not collected within the time limits and conditions indicated, the Order will be cancelled and the return costs will be charged to the Customer.
  2. Condition of the Product. When the Product is delivered to the address indicated by the Customer when placing the Order by a carrier, it is the Customer's responsibility to check the condition of the Product delivered in the presence of the delivery person and, in the event of damage or incomplete delivery, to issue reservations on the delivery note or on the transport receipt, and possibly to refuse delivery of the Product to the delivery person directly. If the carrier cannot prove that it has given the Customer the opportunity to check the good condition of the Products ordered, the Customer will have a period of 10 (ten) days to notify his/her reasoned protest by extrajudicial act or by registered letter to the carrier, without prejudice to the recourse that the Customer has against the Company.

We would like to add to the delivery times of your orders in order to guarantee a peaceful and pleasant shopping experience.

Orders placed on our site are generally shipped within 2 to 5 working days, depending on the delivery methods chosen:

  • Colissimo (LA POSTE) : This reliable service allows you to receive your package directly at your address. In general, delivery times are 2 to 3 working days after dispatch.
  • Mondial Relay : with this service, you can pick up your order at a relay point near you. The delivery time is generally 3 to 5 working days after dispatch.

We do our utmost to process and ship your orders as quickly as possible. However, please note that delivery times may vary depending on logistical constraints or periods of high demand. We will keep you informed in the event of a significant delay. To track the progress of your order, you will receive a confirmation email with a tracking number as soon as your package is shipped. This way, you will be able to track its progress in real time.

  • RIGHT OF WITHDRAWAL
  1. Deadline. The Customer has the right to withdraw without giving any reason within fourteen days, for all or part of the Products ordered. This period is counted in calendar days and runs from the day after receipt of the Product by the Customer or any third party authorized for delivery, to the address indicated or to a collection point. In the case of an Order for several Products delivered separately or in the case of an Order for a Product composed of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last Product, or batch/part. If the period expires on a Saturday, Sunday or public holiday, it is extended until the expiry of the last hour of the next working day.
  2. Method of exercise. To exercise the right of withdrawal, the Customer notifies his decision to withdraw from the contract by means of an unambiguous declaration by post to the address 20 Rue de la treille 17430 Tonnay Charente or by email to the address hawaikii419@gmail.com
  3. Return of the Product. The Customer must return or return the Product for which he has withdrawn, to Hawaikii, no later than fourteen days after sending his decision to withdraw. This deadline is deemed to have been respected if the good is returned before the expiry of the fourteen-day period under the return conditions provided. The costs of returning the products are borne by the Customer. The terms and conditions for returning the Products are specified in the article "TERMS AND CONDITIONS FOR RETURNING PRODUCTS" to which the Customer refers.
  4. Reimbursement. In the event of withdrawal by the Customer, Hawaikii will reimburse the price of the Product no later than fourteen days, starting from the day after the day of receipt of the Customer's decision to withdraw. Hawaikii will reimburse using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means; in any event, this reimbursement will not incur any costs for the Customer. Hawaikii may defer reimbursement until the Product is received, or until the Customer has provided proof of shipment of the Product, the date retained being that of the first of these facts.
  • RETURN CONDITIONS
  1. Address. The products must be returned to the following address: 20 Rue de la treille 17430 TONNAY CHARENTE. The Customer will be asked to enclose in their return package a copy of the Order confirmation letter in A4 format or a handwritten document indicating the Order number and the amount paid when placing the Order, as well as the withdrawal form or any other unambiguous statement regarding the exercise of the right of withdrawal, a legal or, where applicable, commercial guarantee, justifying the return of the Product.
  2. Condition. The Customer must return the product in its original packaging and wrapping or in any other packaging that ensures the return of the Product in its new condition. Any Product returned damaged, incomplete or showing any signs of wear or new odors may not be subject to any return, exchange or refund, including on the basis of the right of withdrawal.
  3. Return costs. Return costs are the responsibility of the Customer, including in the event of exercising the right of withdrawal.
  4. Refund. After receipt of the Product, Hawaikii will refund the full price of the returned Product, excluding delivery costs (unless otherwise stated in the T&Cs or when the law provides for this refund). In the event of an Order for several Products and the return of only part of the Order, the refund of delivery costs will be made in proportion to the number of Products ordered and returned under the conditions provided. In the event of a return that does not comply with the conditions provided, no refund will be payable and the Customer will remain the owner of the returned product, which they may collect directly from the Company, or which will be returned to them at their expense within a maximum of one month following notification of the refusal of reimbursement by Hawaikii.

Details HAWAIKII SHIPPING COSTS

We are committed to providing you with a transparent and seamless shopping experience. Here are the SHIPPING COSTS applicable to your orders:

  • Colissimo : The delivery costs are €4.90 for all orders. However, if your purchase is equal to or greater than €30, delivery is FREE!
  • Mondial Relay : For orders shipped via Mondial Relay, delivery costs are €4.30 for any purchase of at least €30, with free delivery above this amount.
  • For all orders over 1kg : A flat rate of €7.90 will apply, regardless of the delivery method chosen.

We are committed to providing you with affordable and convenient shipping options . If you have any questions regarding shipping costs, please feel free to contact us.

  • ACCESS TO THE SITE
  1. Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access costs, are the sole responsibility of the User. The Company cannot be held liable for material damage related to the use of the Site. In addition, the User undertakes to access the Site using recent equipment, not containing viruses and with an up-to-date latest generation browser. The User is solely responsible for the proper functioning of his/her computer equipment and his/her access to the Internet.
  2. Maintenance. The Site may be subject to maintenance operations. To this end, Hawaikii reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site in order to ensure maintenance (in particular through updates) or for any other reason, without the interruption giving rise to any obligation or compensation.
  3. Contractual liability . Hawaikii implements all reasonable means at its disposal to ensure continuous and quality access to the Site, but is not bound by any obligation to achieve this. In particular, Hawaikii cannot be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent access to the Site.
  • PROTECTION OF PERSONAL DATA

Hawaikii respects the privacy of its Users and Customers. It undertakes to ensure that the collection and automated processing of your data for the purpose of providing and improving the Site, commercial prospecting, management of Orders, contracts and delivery of Products, carried out from the Site, comply with the General Data Protection Regulation (GDPR) and the Data Protection Act in its latest version.

The information requested in the forms available on the Site marked with an asterisk is mandatory and necessary for managing requests, and failure to respond in a mandatory field will make it impossible for the Company to process Users' requests.

Personal data of natural persons will not be kept beyond the period strictly necessary for the pursuit of the purposes indicated. Certain data allowing proof of a right or contract to be established may be subject to an intermediate archiving policy for a period corresponding to the limitation periods and foreclosure of legal or administrative actions that may arise.

All Users are informed and accept that the Site may include technical devices that allow usage to be tracked (account of the connected user, IP address, type of application used, various connection and usage logs for the User account, etc.) and may be used in the context of the fight against counterfeiting, and/or to identify and/or prevent possible illicit or non-compliant use of the Site.

In accordance with the Data Protection Act and the GDPR, any person concerned by the processing carried out by the Company has, under the conditions of applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability, erasure of their data as well as a right not to be subject to an automated decision including profiling. Where applicable, the person concerned also has the right to withdraw their consent at any time.

Any exercise request can be sent by email to hawaikii419@gmail.com

Any person concerned by processing has the right to lodge a complaint with the National Commission for Information Technology and Civil Liberties.

Please note, this information notice is mandatory (Art. 223-2 C.Conso) - Before any canvassing, check that the persons canvassed are not registered on Bloctel, and in the event of use of call centers, that the latter undertake not to call registered persons. The Customer's telephone contact details may be requested by Hawaikii as part of an Order. The consumer Customer who does not wish to be the subject of commercial canvassing by telephone is informed that he can register free of charge on a list of opposition to telephone canvassing called "Bloctel". When the Customer is registered on this list, the Company does not carry out telephone canvassing and may contact the Customer by telephone only for solicitations occurring within the framework of the execution of an Order in progress and having a relation to the object of this Order.

For more information on automated data processing and the methods of exercising their rights, any User can consult the confidentiality policy accessible at any time on the Site and the information notices on the cookies used by the Company.

Duration of storage of personal data :

Your personal data is kept by us for a specific period of time necessary for the performance of our services. In general, we keep your personal data for the period necessary to manage your customer account and process your orders, as well as for a period of 5 years after your last purchase. After this period, your data will be deleted or anonymized in accordance with current legislation.

Data controller:

The person responsible for processing personal data is Nelly Martin, founder of Hawaikii, for any questions relating to the management of your personal data or to exercise your rights (access, rectification, deletion, limitation of processing opposition) you can contact us at the following address: contact @hawaikii.com

  • PARTNER SITES – HYPERTEXT LINKS

The User may access, via the hyperlinks on the Site, the sites of Partners or third parties, which are not subject to these General Terms and Conditions. The User is therefore invited to read the general terms and conditions of use or sale as well as the confidentiality policies or any other legal information applicable to these third-party sites.

The User is informed that the Site may require access to other sites, designed and managed under the responsibility of third parties. No control over the contents of said sites is exercised by the Company, which declines all responsibility with regard to their content and the use made by any third party of the information contained therein. This clause applies to all content of the Partners.

If a third-party site directs its users to the Site, Hawaikii reserves the right to request the removal of the hyperlink pointing to the Site if it considers that this link does not comply with its legitimate rights and interests.

  • FORCE MAJEURE OR FORTUITOUS EVENT

The performance of Hawaikii's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. This suspension may concern all or part of the Order. In this case, the Company will notify the Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment may give rise to restitution. If the definitive impediment is partial, only a partial restitution will be granted.

Under the conditions provided by law, Customers expressly accept that they may not invoke a case of force majeure to postpone payment (of an invoice for example) of a Product or refuse delivery of an Order placed.

The following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually recognised by the case law of the courts and tribunals and without this list being restrictive: strikes or social conflicts internal or external to the Company, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any type or any other circumstance beyond the reasonable control of the Company.

The Company may not be held liable under any circumstances for difficulties encountered by the User or the Customer in accessing the Site due to a technical or software failure or any other cause beyond its control. The Customer acknowledges being aware of the technical hazards inherent in the Internet and the mobile network and the malfunctions that may result from them. Consequently, the Company may not be held liable for any unavailability, slowdowns or failures of the Internet network or any IT solutions, except in the event of proven negligence on its part.

  • INTELLECTUAL PROPERTY

Hawaikii, or its Partners, hold all intellectual property rights relating to the Site and the Products. Intellectual property rights include, but are not limited to, all content, texts, images, videos, graphics, logos, icons, sounds and software appearing on the Site and/or the Products.

Access to the Site and/or the purchase of a Product does not confer any rights to the User or the Customer over the intellectual property rights relating to the Site and the Products. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site or the Products in violation of the rights of the holders of intellectual property rights over the latter.

Any use not previously authorized by Hawaikii, or its Partners, for any reason whatsoever, of all or part of the Site or the Products may be subject to any appropriate action, in particular interruption of access to the Site or an action for infringement.

All distinctive signs used by Hawaikii are protected by law and any use not authorized by the Company may give rise to prosecution.

Failure to respect the intellectual property of Hawaikii, or its Partners, will be analyzed as a serious fault of the User or Client causing harm to Hawaikii, which reserves the right, in this case, to request all damages.

  • CUSTOMER REFERENCES AND COMMUNICATION
  1. Online reviews.

Customers may submit a review on the Site by completing the form provided for this purpose. They undertake to provide an accurate description of their consumer experience.

The opinions on the Site are dated and classified in chronological order.

These comments are subject to control by Hawaikii,

Reviews are published in their entirety. All reviews, whether positive or negative, are eligible for publication. However, a review may be refused publication for one of the following reasons:

  • offensive, defamatory, hateful, discriminatory comments;
  • comment containing a hyperlink to a third-party site;
  • comment unrelated to the service on which the review is based;
  • comment mentioning personal data;
  • unintelligible comment;
  • comment contrary to any legal or regulatory provision in force on the day of publication of the notice;

This control is carried out after the publication of the notice, at any time, at the initiative of Hawaikii, EI distributing the notice or following a notification addressed to the latter by a third party.

The check is carried out automatically. Automated checks are used to identify illegal content, such as offensive, obscene, copyright-infringing, and personal data-infringing content.

If the Company refuses to publish the review, the Customer will be informed by email, message in the customer account from the time the decision is made not to publish the comment. :

Customers can modify their review at any time, subject to simple spelling corrections.

In any event, Hawaikii reserves the right to contact the User who has posted a review on the Site.

Regarding the use of photos and other content provided by customers: The clause below allows you to ensure that you justify the authorization to take pictures and use the images. However, it is recommended to make special and express authorizations for taking pictures and transfers, in the event of using images or videos produced and provided by your customers.

In the absence of a formal transfer of rights, the Client's right to withdrawal must be respected: The Client may request the withdrawal of his image if it is published by Hawaikii, by exercising his right of opposition for any reason relating to his particular situation. When the publication is based on the Client's consent, the latter may withdraw his consent at any time. In these cases, you may offer to blur the image or anonymize any other personal data.

Procedure for moderating opinions:

All reviews submitted to our site are subject to a moderation process to ensure they comply with the rules in force and our policy. Our teams review each review to ensure that they meet the following criteria:

  • Compliance with data protection laws and regulations,
  • Compliance with standards of respect and courtesy,
  • Absence of inappropriate content (defamatory remarks, insults, offensive content, etc.)
  • Accuracy of the information provided (authentic opinions on our products)

We reserve the right not to publish reviews that do not meet these criteria. Their anonymous reviews or those containing personal information will not be published.

Publication deadline:

After submission, reviews will be moderated and published on our site within 7-14 days. This time frame may vary depending on the volume of reviews submitted. We appreciate your understanding and patience during this process.

  1. Customer Reference. The Customer may be solicited by Hawaikii, in order to be cited as a purchaser of a Product. With the Customer's agreement, Hawaikii may be authorized to mention the name of the Customer, the opinion that he gave to Hawaikii, on the Product as well as an objective description of the nature of the Product that was sold to him in its lists of references and proposals for the attention of its prospects and its customers, in particular on the Site, for promotional and advertising purposes, during interviews with third parties, communications to its staff, internal forecast management documents, as well as in the event of legal, regulatory or accounting provisions requiring it.
  2. Operating authorization. When the Customer sends written material, videos and/or photographs to Hawaikii, to give his opinion or testify on the Product provided by the Company, and where applicable issues comments or publications concerning the Company (for example, on its social networks), to which his identifier and profile photo are attached, then the Customer authorizes Hawaikii to use this content for the promotion of its commercial activities. The content may be protected by image rights and/or copyright, and in this case, the Customer grants Hawaikii the possibility of adapting them (in form) and reproducing them on all media, in particular by presenting them as a commercial reference and/or as an opinion. For example, Hawaikii may take screenshots of publications on social networks concerning it or on the Product delivered to the Customer, and reproduce them on the Site as an opinion.

The Client acknowledges that it is fully satisfied with its rights and may not claim any remuneration for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Client concerned, increased by a period of 70 years, and for the entire world. Hawaikii, EI reserves the right to submit to the Client any other request for authorization to take pictures and transfer of rights, for all cases not provided for herein or on an ad hoc basis.

  1. Event. The provisions of the preceding paragraph apply in the same way to videos and photographs taken during any type of event (public, reserved for customers, etc.) organized or co-organized by Hawaikii. The recordings may be recorded and published by Hawaikii, including on social networks. If the Client does not wish to appear in any possible publication of the images, he/she will be pleased to place himself/herself at the back of the room, not to participate in group photos, not to make a sign to the photographer/cameraman in whose field he/she could be placed.
  • EVOLUTION OF GENERAL CONDITIONS

Hawaikii reserves the right to modify the terms, conditions and notices of the T&Cs at any time and without notice in order to adapt them to changes in the Site or the evolution of its offers. The applicable conditions are those accepted by the Customer and addressed to the Customer in the event of distance selling by any means of communication on a durable medium.

The modifications to the General Terms and Conditions made by Hawaikii will not apply to Orders already placed, except for the clauses relating to the technical development of the Site, provided that this does not result in any increase in price or alteration of the quality or characteristics to which the non-professional or consumer Customer has made their commitment.

The Customer may also be asked to accept the amended T&Cs and failing that, the last T&Cs that were accepted will continue to apply until the Product is actually delivered. If the Company is unable to continue the execution of the Contract under the previous conditions, the Customer has the option of requesting termination and reimbursement.

  • RESPONSIBILITY
  1. Responsibility of Users and Customers

The User or Customer is solely responsible for the interpretations he makes of the information provided as part of the content of the Products, the advice he deduces or that has been provided to him and the adaptations made for his own activities. The use of the information is done under the sole responsibility of the Customer and at his own risk, which the Customer expressly accepts.

When the Product is delivered with instructions for use or any user guide, including by reference to a URL link, the Customer undertakes to read them and use the Product in accordance with the recommendations provided.

In the exchange spaces, the Client assumes, as publisher, the responsibility for communicating information to the public and the editorial responsibility for all its communication, physical and online and in particular but not exclusively for its site(s), blogs, pages and accounts on social networks. The Client is solely responsible for the quality, legality and relevance of the data and content that it transmits to the public.

  1. Limitation of liability towards professional Clients

Regardless of the type of Product ordered by the Professional Customer, Hawaikii's liability is expressly limited to compensation for direct damages proven by the Professional Customer. Under no circumstances can Hawaikii's liability be incurred for indirect damages such as loss of data, file(s), operating loss, commercial damage, loss of earnings, damage to the image and reputation of the Professional Customer.

Similarly, Hawaikii cannot be held responsible for direct or indirect damage caused to the User's equipment when accessing the Site, and resulting either from the use of equipment that does not meet the conditions provided, or from the appearance of a bug or incompatibility.

In any event, Hawaikii's liability is capped with respect to professionals at the amount of the price paid excluding taxes by the customer in return for the supply of the product in which the dispute arises. This amount is understood as the maximum that the company could be required to pay as compensation (damages) and penalties, regardless of the alleged heads of damages and the legal grounds retained, unless the law or case law opposes it.

  • GUARANTEES
  1. Conditions. It is recalled that the legal guarantees of conformity and against hidden defects are provided below for the benefit of Customers who are consumers or non-professionals and assume normal use of the Products according to current practices. These guarantees apply outside of any commercial guarantee.

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.

The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.

If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:

1° The professional refuses to repair or replace the goods;

2° The repair or replacement of the good occurs after a period of thirty days;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to rescission of the sale if the lack of conformity is minor.

Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code.

Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover ( Article L. 241-5 of the Consumer Code ).

The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code , for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.

COMMERCIAL WARRANTY:

The commercial warranty covers defects in product conformity at the time of delivery. Customers have a period of 2 years from the date of purchase to report a lack of conformity, in accordance with Article L.217-4 of the Consumer Code.

· In the event of a lack of conformity being found, you can choose between repair or replacement of the product, unless this proves impossible or disproportionate (article L.217-9).

· The warranty does not cover normal wear and tear of the product, damage caused by misuse or accident, as well as repairs carried out by third parties without our authorization.

LEGAL GUARANTEE AGAINST HIDDEN DEFECTS :

In addition to the commercial guarantee, you also benefit from the legal guarantee against hidden defects. In accordance with article 1641 of the civil code, if a hidden defect makes the product unsuitable for its use, you can choose between the resolution of the sale or a reduction in the price within 2 years from the discovery of the defect.

IMPLEMENTATION TERMS:

To exercise your warranty rights, please contact us in writing at the following address : contact@hawaikii.com

Please keep proof of purchase and, if possible, a description of the defect found in order to facilitate the processing of your request. We thank you for your trust and remain at your disposal for any questions relating to the guarantees of our products.

  • GENERALITIES

The General Terms and Conditions and all purchase and sale transactions referred to therein are governed by French law. The General Terms and Conditions and the Site are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.

In the event that a clause of the T&Cs proves to be null, inapplicable, unenforceable or of no effect, this will not result in the nullity of the T&Cs and the validity of the other provisions shall not be affected.

The Customer accepts that Hawaikii may assign this contract to its affiliated companies or to a purchaser without its prior consent, to the extent that this assignment is not likely to result in a reduction of the rights of the consumer Customer.

  • DISPUTES
  1. Amicable resolution. In the event of a dispute, the Customer will contact Hawaikii, EI as a priority to try to find an amicable solution.

In the event of difficulty in the application of this contract, the consumer Client residing in Europe has the possibility, before any legal action, to request the recourse of a consumer mediator identifiable on the site https://www.economie.gouv.fr/mediation-conso

The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. 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. In this context, any European consumer may contact the Online Dispute Resolution (ODR) platform accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage .

Dispute between professionals. In the event of a dispute arising between a professional client and the company concerning the service, interpretation, execution and/or termination of the contract, exclusive jurisdiction is granted to the courts within the jurisdiction of the city of the company's registered office, notwithstanding plurality of defendants or third-party claims, even for emergency procedures or interim relief proceedings by way of summary proceedings or petition.

The mediator is Nelly Martin, founder of the brand, for any request, do not hesitate to send us an email, either by chat support on our site, or directly by email, contact @hawaikii.com

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