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TERMS OF SERVICE
Updated on 06/12/2022
Legal Notice
Publisher: HAPPLYZ Medical, Simplified Joint Stock Company, with capital of 86,000 euros, registered with the Compiègne RCS under number 898 674 668, whose head office is located at 24 rue du Beaudon, 60350 Pierrefonds, represented by Madame Vanessa LESOBRE in her capacity as President.
Publication director: Vanessa LESOBRE – contact@happlyzmedical.com
Design and production: HAPPLYZ Medical – 24 rue du Beaudon 60350 PIERREFONDS
Host: Webflow Inc, 398 11th Street, 2nd Floor - San Francisco, CA 94103.
Article 1: object
The purpose of these General Conditions of Use (hereinafter “CGU”) is to define the conditions under which HAPPLYZ Medical makes the Website www.happlyzmedical.com available to Visitors. Any Visitor can access the Website without needing to create a personal account. By using the Website, the Visitor acknowledges having read and accepted these General Terms and Conditions without reservation. These T&Cs supplement the General Conditions of Sale which govern sales. HAPPLYZ Medical reserves the right to modify these T&Cs at any time. Consequently, it is up to the Visitor to regularly read these documents to ensure that they are aware of any possible modifications.
Article 2. Definitions
“CGU” means these General Conditions of Use of the Website.
“CGV” designates the General Conditions of Sale of the Website.
“Customer” means any person placing an Order on the Website.
“Personal Account” means the account created by a Visitor to the Website, whether they are a Customer or not, allowing access to their personal space, their Order history, their invoices and their Order confirmations.
“Personal data” means any information relating to a natural person identified or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to him.
“Visitor” means any person browsing the Website but not necessarily placing an order.
“Confidentiality Policy” means the policy for processing Visitors’ Personal Data collected by HAPPLYZ Medical on the Website.
“Site” or “Website” refers to the website www.happlyzmedical.com published by HAPPLYZ Medical.
Article 3. Access to the Website
The Site is accessible free of charge to Visitors with Internet access. All costs related to access to the Site, whether hardware, software or Internet access costs, are the sole responsibility of the Visitor.
Article 4. Intellectual property
All brands, logos, photographs, texts, comments, illustrations, video sequences, sounds, computer applications that could be used to operate the Site as well as the graphic charter, layout, presentation and content of the Site, and more generally, all elements reproduced or used on the Site are protected by the laws in force regarding intellectual property. They are the full and complete property of HAPPLYZ Medical or its partners. Consequently, in application of the provisions of the Intellectual Property Code and international conventions, it is prohibited to represent, reproduce, modify, publish, adapt, decompile, decrypt, extract, reuse or exploit all or part of the Site or the elements which compose them on any medium whatsoever, by any means whatsoever without prior written authorization from HAPPLYZ Medical and its possible partners.
Violation of these provisions exposes the Visitor to the sanctions provided for by the Intellectual Property Code and the Penal Code, in particular for counterfeiting, as well as those provided for by the Civil Code in matters of civil liability. Navigation on the Site does not entail any transfer of intellectual property rights for the benefit of the Visitor. HAPPLYZ Medical grants the Visitor a right to access and consult the Site only, under the conditions and terms provided for in these T&Cs.
Article 5. Protection of personal data
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data, HAPPLYZ Medical is responsible for processing Visitors' personal data.
To find out what happens to the Data collected by HAPPLYZ Medical, the Visitor must refer to the Privacy Policy.
Article 6. Social Networks
In order to give the Visitor the opportunity to share content or give their opinion on HAPPLYZ Medical's products or services, HAPPLYZ Medical may be required to integrate elements (buttons, plug-ins, etc.) into the Site related to the social networks. These elements allow social networks to follow the Visitor's navigation, provided that he is connected to the social network on his browser (even if there has been no use of the "share" button, for example) .The conditions of use of the information linked to these elements are defined by the social network of which the Visitor is a member, HAPPLYZ Medical has no control over the actions carried out. The Visitor is invited to consult the privacy protection policies of these social networks in order to learn about the use that is made of the data collected during their navigation and the means to configure the confidentiality of their accounts.
Article 7. Hypertext links
HAPPLYZ Medical is free to refuse the establishment by a third party or Visitor of hypertext links to all or part of the Site without having to justify its decision in any way. In the event that HAPPLYZ Medical grants its authorization, this is in any case only temporary and may be withdrawn at any time, without obligation to provide justification on the part of HAPPLYZ Medical. In any case, any hypertext link to all or part of the Site must be removed upon simple request from HAPPLYZ Medical. The Site may include links to other sites, sources and services. To the extent that HAPPLYZ Medical cannot control these sites, HAPPLYZ Medical declines all responsibility for the content, advertising, products, services or any other material available on or from these sites. These links are provided solely for the purpose of facilitating Visitor navigation and access to information and services likely to be of interest.
Article 8. Liability
HAPPLYZ Medical cannot be held liable in the event of non-performance or poor execution by the Visitor of these T&Cs, due to unforeseeable and insurmountable fact of a third party or in the event of force majeure as defined in these T&Cs, Article “Cases of force majeure”. HAPPLYZ Medical cannot be held responsible in the event of publication of inaccurate data and/or information by the Visitor. The information presented on the Site is provided “as is” and without any express or tacit guarantee as to its content or their source. The Site may contain technical and typographical errors or other inaccuracies, which the Visitor acknowledges and accepts by using it. In any event, the use of the information available on the Site is made under the sole responsibility of the Visitor. However, if HAPPLYZ Medical notices a deficiency, error or what appears to be a malfunction, please contact HAPPLYZ Medical at contact@happlyzmedical.com describing the problem as precisely as possible (problem page, triggering action , terminal used, etc.).The information published on the Site is presented for purely informative purposes and has no contractual value. Despite regular updates, HAPPLYZ Medical cannot be held liable in the event of a modification of administrative and legal provisions appearing after publication. The same applies to the use and interpretation of the information communicated on the platform.
HAPPLYZ Medical declines all responsibility for possible viruses that may infect the Visitor's computer equipment after use or access to the Site.
HAPPLYZ Medical is bound by an obligation of means. The Site operates 24/7. However, in the event of force majeure, connection slowdown or even congestion or unavailability of the Site linked to electronic communications networks, access to all or part of the Site may be slowed down or interrupted. In addition, HAPPLYZ Medical may be required to carry out corrective or preventive maintenance of the Site or its hosting infrastructure. Consequently, HAPPLYZ Medical cannot be held liable in the event of a failure, breakdown, difficulty or interruption of operation, preventing access to the Website or one of its functionalities. Under no circumstances can HAPPLYZ Medical be held responsible in the event that the service offered proves to be incompatible with certain equipment and/or functionalities of the Visitor's computer hardware.
HAPPLYZ Medical reserves, in the event that the Visitor is responsible for a violation of the legislation in force or an infringement of the rights of third parties, the right to provide, at the request of any legitimate authority (jurisdiction, authority administrative, police services), any information allowing or facilitating the identification of the offending member.
Article 9. Force majeure
HAPPLYZ Medical cannot be held responsible in the event of inaccessibility of the Site or non-performance of its obligations which is attributable to an event of force majeure beyond its control, which could not be reasonably foreseen and whose effects could not be avoided by appropriate measures within the meaning of article 1218 of the Civil Code and case law.
Article 10. Insurance
HAPPLYZ Medical is insured under its Civil Liability.
Article 11. Transfer - Partnership and subcontracting
HAPPLYZ Medical reserves the right to assign these T&Cs at any time to a subsidiary or successor, through any operation whatsoever. HAPPLYZ Medical reserves the right to enter into any partnership or subcontracting agreement that may be prove necessary for the performance of its contractual obligations.
Article 12. Nullity of a clause
In the event that one of the provisions of these T&Cs is declared invalid or unenforceable for any reason whatsoever, the other provisions will remain applicable without change, except in the case where the contract could not subsist without it.
Article 13. Non-waiver
The fact for one of the Parties not to claim against the other Party a breach of any of the obligations referred to in the T&Cs cannot be interpreted for the future as a waiver of the obligation in question.
Article 14. Application law and competent jurisdiction
These T&Cs are subject to French law and subject to the jurisdiction of the courts of Lille, subject to a specific attribution of jurisdiction resulting from a specific law or regulation.
TERMS AND CONDITIONS
Updated on 11/04/2023
Article 1: Object
These General Conditions of Sale (hereinafter “CGV”) are applicable without restriction or reservation to any purchase of Products offered by HAPPLYZ Medical, to Customers, on the Website https://www.happlyzmedical.com/ (hereinafter after the “Site” or “Website”). The T&Cs are made available to Customers on the Site where they can be directly consulted by clicking on “CGU/CGV” and can also be communicated to them on simple request by email.
Before any transaction, the Customer declares that he has the capacity to conclude this contract, allowing him to commit to these General Terms and Conditions. Any order placed on the Site implies, on the part of the Customer, having previously read and accepted the General Terms and Conditions, the Confidentiality Policy and the General Terms and Conditions of the Site. In general, the Customer acknowledges that the expression of his consent to the General Conditions is materialized by the activation of check box(es). The activation of check box(es) is associated with a proof agreement defined in these General Terms and Conditions.
These General Terms and Conditions supplement the General Conditions of Use of the Application available on this same page.
HAPPLYZ Medical retains the possibility of modifying these General Terms and Conditions at any time, in order to comply with any new regulations or in order to improve the use of its Site. Therefore, the applicable conditions will be those in force on the date of the Order by the Customer.
Article 2. Definitions
“Application” or “LORIO Application” designates the application developed by HAPPLYZ Medical to access the various LORIO Games developed by HAPPLYZ Medical and monitor your progress.
“CGU” designates the general conditions of use of the Application.
“Customer”: refers to any person placing an Order on the Website.
“Order”: designates the process consisting of the Customer selecting Products that they wish to purchase and have delivered. The Order is finalized when the Customer, after having selected the Products and the delivery method, has paid the price to pay.
“LORIO Games” refers to video games developed and published by HAPPLYZ Medical.
“Confidentiality Policy” means the policy for processing Visitors’ Personal Data collected by HAPPLYZ Medical on the Website accessible at the following link: https://www.happlyzmedical.com/politique-de-confidentialite.
“Products”: refers to the Products sold by HAPPLYZ Medical on the Website. The main characteristics of the Products are presented on the Website.
“Solution” or “LORIO Solution” designates the flute produced by HAPPLYZ Medical as well as the Application published and operated by HAPPLYZ Medical. “Users” refers to users of the LORIO Application.
“Visitor” means any person visiting the Website, whether they are a Customer or not. The terms defined above are understood in the singular as well as the plural.
Article 3. Products
The Products offered are those which appear on the Site on the day of its consultation by the Customer, and within the limit of available stocks. The Products presented on the Site are each the subject of a description mentioning their essential characteristics such as the description of the Product, its selling price as well as the corresponding costs and delivery methods. The Products comply with the requirements of current French law. The photographs illustrating, where applicable, the Products do not constitute a contractual document. HAPPLYZ Medical makes its best efforts to ensure that the photographs conform as closely as possible to the Products actually delivered to the Customer. However, HAPPLYZ Medical cannot guarantee that the Products delivered will be exactly identical to the photographs, in particular due to the technical constraints of making the photographs available on the Site. Any offers proposed by HAPPLYZ Medical remain valid as long as they appear as such on the Site, while stocks last. In any event, and in the event of total or partial unavailability of Products after placing the Order, the Customer will be informed by HAPPLYZ Medical as soon as possible of the unavailability of the Product. His Order will be canceled and he will be offered to re-order the rest of the Products with the possible assistance of HAPPLYZ Medical. The Customer declares to have obtained from HAPPLYZ Medical, prior to his Order, all the information on the Products and the terms and conditions. Delivery. He declares that he is solely responsible for the choice of Products as well as their suitability to his needs.
Article 4. Price
The Products offered are sold at the prices in effect at the time the Order is placed by the Customer, after deducting, where applicable, all discounts, rebates and rebates applicable to the Order. The prices include the value added tax (VAT) applicable on the day of the Order, and are inclusive of all taxes (TTC). Any change in the applicable VAT rate will be automatically reflected in the price of the Products. The prices indicated on the Site do not include shipping costs, which are subject to additional invoicing. Shipping costs are indicated before confirmation of the Order by the Customer. For all Products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties, other local taxes, import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the jurisdiction of HAPPLYZ Medical. They will be the responsibility of the Customer and are their responsibility (declarations, payment to the competent authorities, etc.). HAPPLYZ Medical therefore invites the Customer to obtain information on these aspects from the corresponding local authorities. The sales prices of the Products and the delivery costs may be modified at any time by HAPPLYZ Medical. If applicable, these modifications will apply to any Order subject to confirmation by the Customer.
Article 5. Order
5.1. Presales
The Products are offered as part of a special pre-order offer, before their official launch, as part of a commercial operation aimed at promoting LORIO Products currently being designed and produced. In this situation, the Customer acknowledges and accepts that the Products are not available on the day of the Order and that it accepts on the one hand the possibility of cancellation in the event of unavailability of the Product, and on the other hand the delivery times indicated at the time of Order, indicated over a limited period. No cancellation compensation may be claimed by the Customer. Cancellation of the Order and its reimbursement will be made as quickly as possible and at the latest within 14 days.
5.2. General
In order to place their Order, the Customer selects the Products and quantities of their choice on the Site and adds them to their virtual basket. Before confirming his Order, the Customer has the possibility to check the details of his Order, the quantities, the price, and to correct any errors, or to cancel his Order. It is not obligatory to create a Personal Account to place an Order. The Customer must, however, provide certain personal information for the smooth running of his Order :
The Order is validated once payment has been made in full and received by HAPPLYZ Medical.
The Customer will receive confirmation by email of payment for the Order, as well as an acknowledgment of receipt of the Order confirming it and an invoice, to the email address he/she indicated when placing the Order. In the event of unavailability of one or more Products after placing the Order, the Customer will be notified by email.
The Customer will have the choice of being reimbursed the amount corresponding to the unavailable Products, or of being delivered when the Products concerned are back in stock (unless permanently withdrawn from the catalog).
In any event, HAPPLYZ Medical cannot be held responsible for any damage suffered by the Client, nor liable for any damages. HAPPLYZ Medical may modify the Products offered for sale on the Site at any time, without prejudice to Orders placed by the Customer.
Article 6. Payment terms
6.1. Means of payment
Payment of the price is made on the Website by bank card (Visa Card, Mastercard, American Express) or direct debit via PayPal, at the time of validation of the Order. The request for authorization to debit the card is made at time of validation of the Order, except in the event of unavailability of the servers. HAPPLYZ Medical reserves the right to make a new request for authorization of collection in the event that the first could not be completed due to unavailability of the servers.
The inability to debit the amounts due will result in the immediate cancellation of the Order. If payment is accepted, the Order is registered and the contract is definitively formed.
6.2. Payment Service Provider
Transactions carried out on the Site are secured by the payment system of HAPPLYZ Medical's partner, the company Stripe payments Europe ("Stripe"), an Irish company whose head office is located The One Building, 1 Grand Canal Street Lower, Dublin 2 , Ireland. All information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol, more information can be found on the site: https://stripe.com/help/ssl. This data cannot be detected, intercepted or used by third parties. At no time do the customer's banking data pass through the HAPPLYZ Medical computer system.
HAPPLYZ Medical is not responsible for any losses that the Customer may suffer in the event that the payment method information provided by the Customer is incorrect. Likewise, HAPPLYZ Medical is not responsible for losses or damages suffered by the Client in connection with fraudulent use of payment methods by Clients or third parties who use a false identity.
As Stripe is a technical service provider, it does not handle disputes related to Orders, which are processed directly by HAPPLYZ Medical or, where applicable, by the Customer's bank.
Article 7. Delivery
7.1. Delivery delay
As the Products are offered as part of a special pre-order offer, HAPPLYZ Medical will keep the Customer informed of the delivery date as well as any event likely to have an influence on the delivery of the Products.
Pursuant to Article L. 216-1 of the Consumer Code, the Parties agree that the Products will be delivered within the deadlines specified during the Product Order process and before validation of said Order. Delivery times are also reminded in the Order confirmation email sent to the Customer.
Delivery times include the preparation and shipping of the Order, as well as the delivery time of the Products to the point of delivery (Customer's postal address or relay point).
7.2. Place of delivery
The Product(s) will be shipped to the delivery address provided by the Customer when ordering on the Website.
The Customer may modify the delivery address before shipment in the case of pre-sales, within the limits of European territory, by notifying HAPPLYZ Medical by email to the following address: service.clients@happlyzmedical.com.
HAPPLYZ Medical cannot be held responsible for the impossibility of delivering the Products in the event of incorrect information when the Customer enters their delivery details.
7.3. Shipping cost
Delivery costs will be specified on the Site, all taxes included, during the Order process and must be accepted by the Customer at the time of validation of the Order. They will appear on a specific line distinct from that specifying the price of the items. Products. It is expressly specified that the amount of delivery costs may vary depending on the territory of delivery of the Products, which the Customer expressly acknowledges and accepts.
Article 8. Refund policy
The Products are taken back and refunded provided that the Products have not been unpacked, and therefore the packaging case is still closed and the Products have not been used. The recovery of the Products cannot exceed a period of 30 calendar days between the date of shipment to the Customer and the date of return to the Seller. Beyond this period, the Products will not be taken back.