ARTICLE 1 - ACCEPTANCE
Access to and use of the website available at the following address: www.escapehome.co.uk (hereinafter referred to as the “website”) belonging to the company HAPPY KITS, registered with the Lyon Trade and Companies Register under number 818007247 and domiciled at 1 Blvd. Vivier Merle, Tour Swiss Life, 69003 Lyon, France (hereinafter referred to as the “website manager”) and the services offered therein are subject to compliance with the present general conditions of use and sale.
Any access to the Website and/or use of the Website implies acceptance and compliance with all the terms of these conditions and their unconditional acceptance. They constitute a contract between the Website Manager and the internet user who accesses the Website, whether or not they have previously registered and whether or not they have created an account on the Website (hereinafter referred to as the “User”).
This contract is concluded for an indefinite period of time from the time the User uses the Website.
The Website Manager reserves the right to update the Website and the general terms and conditions of use and sale at any time, or to supplement them with new additional contractual terms and conditions. Users are therefore advised to consult the general terms and conditions of use and sale on a regular basis, in order to refer to the latest applicable version.
If the User does not wish to accept all or part of these terms and conditions, they are requested to renounce use of the Website.
ARTICLE 2 - PURPOSE OF THE WEBSITE
The Website Manager specialises in the design, creation and production of personalised digital game hosting kits for children and adults (hereinafter referred to as the “Product”).
The Website allows Users to order a personalised kit, pay for it and then receive it through a dedicated personal account. The Website informs the User of the essential characteristics of the personalised kit, its price, the delivery time, the legal guarantees, and specifies the identity of the Website Manager. It also informs the User about the features of the kits and their interoperability.
ARTICLE 3 - AVAILABILITY OF THE SERVICES
The Website is available from any location, provided that the minimum technical conditions are met, and in particular in terms of access to the mobile telephone network, internet network and technical compatibility of the equipment used.
ARTICLE 4 - REGISTRATION CONDITIONS
In order to confirm their registration, the User must accurately complete all the mandatory fields in the registration form.
There may be only one account per User and any attempt at fraud may result in the deletion of the account.
The User has a personal account after registration on the Website.
The account may be terminated by the Website Manager at any time and without notice due to fraudulent or illicit use of the services and contents of the Website.
The User may terminate their registration at any time by following the process described on the Website.
ARTICLE 5 - ORDERS - PAYMENT
Orders are placed exclusively over the internet via the Website.
Confirmation of the order implies acceptance of these general terms and conditions of use and sale.
Before making a purchase on the Website, the User must first register on the Website.
To this end, the User must have a personal account.
All stages of the sale are clearly identified on the Website, in accordance with the provisions of Articles 1369-1 et seq. of the French Civil Code.
In application of these provisions, the User may verify the details of their order and its total price and correct any errors before definitively placing their order.
The order is only definitively recorded after the User has confirmed their agreement to pay, by clicking on the “Place my order with obligation to pay” button and the bank has accepted the transaction.
The Website Manager declines all responsibility in the event of non-validation of the order, with no possible recourse on the part of the User.
Once the order is recorded, the User shall receive a confirmation email containing the essential elements of the order and the present general terms and conditions of use and sale, allowing the User to store the contract on a durable medium.
All the data provided by the User during the ordering process and the recorded confirmation of this order shall constitute proof of the transaction.
The Website Manager reserves the right to refuse any order from a User with whom there is a dispute relating to the payment of a previous order as long as this dispute has not been resolved.
The different means of payment are specified on the Website.
The Website Manager reserves the right to modify its prices at any time, but the services shall be invoiced on the basis of the prices in force at the time the order was recorded.
Happy Kits has chosen a top-secure payment method for you:
Stripe, which is a PCI Service Provider Level 1 certified company, the most stringent level of certification. With Stripe, you will not be redirected to another website, as is the case with other payment solutions. You can pay for your order without leaving the happykits.co.uk website, which uses an SSL certificate that activates the “https” protocol and displays a padlock in the address bar. All your transactions are thus encrypted and confidential.
PayPal, which also uses the SSL (Secure Sockets Layer) protocol. You may pay through the PayPal platform with or without a PayPal account. You can choose your preferred payment method: credit cards, private cards, or PayPal cards.
ARTICLE 6 - FINANCIAL CONDITIONS
The prices of the Website Manager’s services are those in force on the day the order is placed by the User.
The prices indicated in the electronic order confirmation are inclusive of all taxes.
The prices are calculated net and without discounts.
Payment times and delays
Payment for the Website Manager’s services is owed by the User at the time of validation of the order on the Website.
If the User fails to pay in full or in part within the set time limit, the User shall be liable for late payment penalties payable by operation of law from the day following the payment date shown on the invoice.
They are calculated as follows: amount of the sum wed X rate for the half-year concerned (in %) X number of days late / 365.
For the first half of 2016, the statutory rate is set at 1.01%.
In the event of late payment, the User shall be liable by operation of law to pay a flat fee for collection costs of forty (40) euros, without prejudice to any other right or remedy available to the creditor.
In the event of a partial or total delay in payment of more than fifteen days, the Website Manager reserves the right to suspend the supply of its services without any formality, without prejudice to the amounts still owed and any damages and interest.
ARTICLE 7 - DELIVERY
Address and delivery time
The products ordered may be downloaded from the User’s personal account upon receipt of payment and after the User has completed the personalisation form, if applicable.
The Website allows Users to purchase kits that are made to the User’s specifications or significantly personalised. Consequently, by virtue of Article L.121-21-8, 3° of the French Consumer Code, the User does not benefit from the right of withdrawal.
ARTICLE 8 - GUARANTEES
The Website Manager is only bound to the User by an obligation of means and does not provide any guarantee, express or implied, including any guarantee of quality and suitability for a particular purpose of the services provided to the User.
Legal guarantee of conformity
Defects in the conformity of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The User has a period of two years from the delivery of the goods to take action. The User may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 211-9 of the French Consumer Code. The User is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods. This legal guarantee of conformity applies independently of any commercial guarantee that may have been taken out.
The User may decide to invoke the guarantee against hidden defects in the item sold, and in this case may choose between cancelling the sale or reducing the price.
ARTICLE 9 - INTELLECTUAL PROPERTY
The presentation and content of the Website together constitute a work protected by the laws in force on intellectual property, of which the Website Manager is the owner.
Any reproduction, in whole or in part, is systematically subject to the Website Manager’s prior authorisation.
The texts, images, drawings and layout, as well as the graphic charter of the Website and the Products, are protected by intellectual property law.
It is forbidden to copy, extract, distribute or modify the content of the Website and/or the Products for commercial purposes. Downloading and printing the text, images and graphic elements from the Website and/or the Products is permitted for private and non-commercial use only. The reproduction of designs, images, sound documents, video sequences and texts in other electronic or printed publications of the Website and/or the Products requires the prior written consent of the Website Manager. It is therefore forbidden to duplicate electronic, or material data (PDF files, PPT) provided by happykits.co.uk. As such, a Happy Kit may only be used by the person or company that purchased it.
Kits cannot be used in the context of a service activity (hosting events, escape rooms, fairs, etc.) without the agreement of Happy Kits.
Kits may not be resold by a third party without prior agreement.
Failure to obtain authorisation constitutes an act of infringement and is punishable as such.
The HAPPY KITS brand appearing on the Website is a registered and protected trademark.
The ESCAPE HOME brand appearing on the Website is a registered and protected trademark.
Any total or partial reproduction of a trademark present on the Website and/or on the Products, made from elements of the Website and/or the Products without the express authorisation of the Website Manager constitutes an act of infringement sanctioned by articles L.713-2 and following of the French Intellectual Property Code.
By making a purchase on the Escape Home website, I acknowledge that the contents of the kits belong to the Happy Kits company and that the transmission or resale to a third party constitutes an act of counterfeiting within the meaning of articles L335-2 s. of the French Intellectual Property Code.
The databases established by the Website Manager are protected by copyright as well as by the law of 1 July 1998 transposing the European directive of 11 March 1996 on the legal protection of databases into the intellectual property code.
Except with the written authorisation of the Website Manager, any reproduction, representation, adaptation, translation and/or modification, in part or in full, as well as any substantial qualitative or quantitative extraction towards another Website is prohibited and sanctioned by articles L.343-4 et seq. of the French Intellectual Property Code.
ARTICLE 10 - RESPONSIBILITY OF THE WEBSITE MANAGER
The Website Manager shall make every effort to ensure the proper functioning of the Website and the services contained therein, within the limits of responsibility of these general terms and conditions.
Access to the Website:
The Website is in principle accessible 24 hours a day, 7 days a week.
However, the Website Manager declines all responsibility in the following cases, without this list being restrictive:
- in case of interruption of the Website for technical maintenance or updating of the published information,
- in the event of temporary impossibility of access to the Website (and/or to the websites and applications linked to it) due to technical problems, whatever their origin and provenance,
- in the event of unavailability or overloading or any other cause preventing the normal functioning of the mobile telephone network used to access the Website,
- in the event of contamination by any computer viruses circulating on the network,
- more generally, in the event of direct or indirect damage caused to the User, whatever its nature, resulting from access to or use of the Website (and/or the websites or applications linked to it),
- in case of abnormal use or illicit exploitation of the Website,
- in the event of the loss by the User of their username and/or password or in the event of usurpation of their identity.
Public content of the Website:
Despite the great care taken in the creation and updating of this Website, the Website Manager cannot provide any guarantee, express or tacit, concerning the information contained in the Website of which it is the author.
Consequently, the Website Manager cannot be held responsible for any damage, direct or indirect, resulting from any errors, inaccuracies or omissions in the information contained on the Website.
The Website Manager cannot be held responsible, or considered to have failed to comply with these general conditions of use and sale, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals, including the interruption, suspension, reduction or disruption of electricity or other or any interruption of electronic communications networks or in the event of events beyond its control.
Intervention of the Website Manager:
The Website Manager reserves the right to modify the terms, conditions and mentions of this document at any time, particularly in the event of technical, legal or jurisprudential developments or when new services are introduced.
Specific information on subsequent changes to these contractual conditions is provided in accordance with the provisions of Article L121-84 of the French Consumer Code.
Any proposed modification of the contractual conditions shall be communicated to the non-professional consumer User on a durable medium available to them at least one month before it comes into force, together with information to the effect that the latter may, as long as they have not expressly accepted the new conditions, terminate the contract without penalty and without any right to compensation, up to a period of four months after the modification comes into force.
ARTICLE 11 - RIGHTS AND RESPONSIBILITIES OF THE USER
The use of the Website is the sole and entire responsibility of the User.
The User is solely responsible for the information they communicate from the Website.
In the event of abnormal use or illicit exploitation of the Website and/or the Products, the User is solely responsible for any damage caused to third parties and for the consequences of any claims or actions that may result from this.
The User also waives any recourse against the Website Manager in the event of legal proceedings brought by a third party against them as a result of the illicit use and/or exploitation of the Website and/or the Products.
The User undertakes, in general, to comply with all regulations in force in the United Kingdom.
Users agree not to use the Website to:
- create multiple accounts or impersonate others;
- transmit any material that contains computer viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or electronic communications;
- publish, transmit, share, store or otherwise make available any content that constitutes or encourages a criminal offence or provides instructions on how to commit a criminal offence, infringes the rights of any third party or is likely to give rise to liability on the part of any third party or violate local, national or international law.
The User is solely responsible for the content they place on the Website, in particular any content that may be offensive or illegal or that may infringe the rights of third parties.
Access and security:
It is the responsibility of each User to take all appropriate measures to protect their own data and/or software stored on their mobile or computer equipment against any attack.
The User has the right to consult, free of charge, their personal data hosted on the Website and any other information concerning them.
The use of the Website’s services requires the opening of an account involving the provision of a username and the choice of a password.
The password is personal and confidential. The User is solely responsible for it. The User agrees not to disclose it to third parties and to take all necessary precautions to prevent third parties from gaining access to it.
The User agrees to notify the Website Manager without delay in the event of loss or usurpation of their password.
Failing this, and unless proven otherwise, any connection or transmission of orders or data made by means of the password will be deemed to have originated from the User and will be their exclusive responsibility.
To be taken into account, the User’s complaints must be sent to the following e-mail address: firstname.lastname@example.org
ARTICLE 12 - SPECIFIC CONDITIONS OF USE OF THIRD-PARTY TOOLS
In addition to the present general terms and conditions, Users agree to respect the general conditions of use of platforms allowing access to applications and third-party tools used by the Website, such as PayPal.
User’s use of these applications and third-party tools leads to the collection and processing of personal data for which the Website Manager cannot be considered responsible for processing, as defined by the amended law n°78-17 of 6 January 1978 relating to information technology, files and freedoms.
ARTICLE 13 - HYPERTEXT LINKS
The Website Manager specifies that the use of hypertext links may lead the User to other websites or applications that are independent of the Website.
The hypertext links to other sites or applications from the Website shall not, under any circumstances, incur the liability of the Website Manager.
Similarly, the insertion of hypertext links to all or part of the Website is authorised, on a non-exclusive basis and may be revoked at any time, without the Website Manager having to provide any justification, and on condition that this link does not create a misleading, false, pejorative or prejudicial character against the Website.
As part of this authorisation, the Website Manager reserves the right to object.
The Website Manager cannot be held responsible for any direct, indirect or incidental damage resulting from access to or use of information from third-party websites.
ARTICLE 14- CONFIDENTIALITY
The parties agree to keep strictly confidential the information exchanged and all documents and elements produced in the context of the execution of the contracts concluded between them.
The User agrees not to use the data resulting from the services provided by the Website Manager for purposes other than those provided herein.
During and after the execution of the Website Manager’s services, the User agrees not to disclose to third parties, without the Website Manager’s authorisation, the methods and tools which are the exclusive property of the Website Manager.
ARTICLE 15 - INDEPENDENCE OF THE CLAUSES
If any part of these General Terms and Conditions of Use and Sale is found to be void, invalid or unenforceable for any reason, the clause or clauses in question shall be declared null and void and the remaining clauses shall remain in full force and effect and shall continue to apply. The terms declared null and void shall then be replaced by the terms that most closely resemble the content and meaning of the annulled clause.
ARTICLE 16 - APPLICABLE LAW AND JURISDICTION
These general terms and conditions of use and sale are exclusively subject to French law.
In the event of a dispute, the User may have recourse free of charge (except for any legal or expert fees) to a consumer mediator, with a view to an amicable resolution. Before resorting to the mediation process, the User must have attempted to resolve their dispute directly with the Website Manager, by means of a written complaint by registered mail with acknowledgement of receipt. The time limit for the User to refer to a mediator is one year from the date of this written complaint. In addition, they must demonstrate that their claim is well-founded and not abusive.
Any persistent dispute (including before the law) will be dealt with by the courts designated as competent pursuant to Article L.141-5 of the French Consumer Code.