Article 1. Definitions

The purpose of this clause is to define the various terms that apply to these General Conditions of Sales and General Conditions of Use (« GCS and GCU ») :

  • « Gift Card(s) » : means the family of electronic gift certificates (e.g. gift cards, gift vouchers, gift certificates).

  •  « Order » : means the order(s) for Gift Card(s) placed by the User on the Website

  • « Personal account » : refers to the account created by the User on the Website and accessible by the User thanks to a login and password.

  • « Personal data » : refers to the personal data relating to Users and collected by the Company in the context of Orders and/ or Sales placed on the Website.

  • « E-card(s) » : means electronic Gift Cards, the medium of which is dematerialized and whose information will be sent electronically.

  • « Shopping cart » : means the Order(s) awaiting confirmation.

  • « Platform » : refers to the tools of the hool.org.uk Website.

  •  « Service(s) » : refers to all the services proposed by the hool.org.uk Platform on its Website.

  • « Website » : means the Hool.org.uk Platform Website available at the following address : www.hool.org.uk.

  • « User(s) » : refers to any natural or legal person, acting alone or representing third parties, consulting the Website, and/or using the services of the Hool.org.uk Platform. This person may or may not be a Member User.

  • « User(s) Member(s) » : the user becomes a User Member when he/she is identified on the Website and has a Personal account.

  • « Choosing a beneficiary » : as part of the registration process, you will be asked to designate a “beneficiary”. The beneficiary will receive all funds raised by the program. You may support more than one beneficiary or charity; however, only one beneficiary may be designated for each particular order you place.

  • Working days : Monday to Friday from 9 :00 to 12:00 and from 14:00 to 17:00 excluding public holidays.

 

 

 

Article 2. Required informations

 

The Website « www.hool.org.uk » (hereinafter « the Website ») is a service of :

  • Hool SAS, capital of 3 000€

  • Head office located at 54 lotissement mer et soleil 33740 Arès

  • RCS Bordeaux under 842 510 786

  • Mail : hello@hool.org.uk

 

Article 3. Essential characteristics of the products and services sold

The Company’s Website provides its Users with a Gift Card Platform that allows them to make free donation to non-profit projects.

The Company guarantees the purchase of all Gift Cards that comply with the GCS as defined on the Company’s Website.

The User declares that he/she has read and accepted the GCU before to placing his/her Order. Validation of GCU when placing an Order therefore constitutes acceptance of the GCU.

As Hool.org.uk is a British Website, the cards offered are intended to the British market and can therefore be used on British websites and shops. If the user wishes to use a card in a foreign country or on a foreign website, it is the user’s responsibility to check the conditions of use of the card concerned with the brand.  

 

 

 

Article 4. Prices

The prices of our products are indicated in pounds sterling including all taxes.

 

Article 5. Product availability time

The available Products appear on our Website in the « Order a Gift Card » section. In order to best meet our User’s expectations, the availability of our Product is regularly updated on our Website. Alternative Gift Cards are proposed to the User in case of unavailability at the time of his request. These proposals are indicative and non-binding.

If a Product is unavailable after your Order has been validated, the User will be informed immediately. We shall proceed to cancel the Order. If the amount has already been debited, the User will be reimbursed as soon as possible. These times vary between 24 and 72 hours.

 

 

Article 6. Order

The User has the possibility to order Products directly on the Website.

To place an Order on our Website, the User chooses his Products and adds them to the Shopping Cart. The User validates the contents of his/her Shopping Cart and selects the delivery method. Finally, the User chooses the desired method of payment and accepts the General Condition of Sales.  

During a purchase or sale process, if the User already has a personal Account on the Website, he/she identifies himself/herself. If the User does not have a personal Account on the Website, they must create one. Registration is compulsory on the Website so that the User can follow his order in his Personal Space after logging in.

The User validates his payments and receives an email confirming his Order at the email address indicated when creating his Personal Account.

Ownership of the Product shall not pass until the Order has been paid in full.

 

 

Article 7. Delivery

The Company undertakes to dispatch orders within 24 working hours (Monday to Friday) of receipt of payment by the User. Delivery times are given as an indication. They vary between 2 and 4 days due to various exogenous factors beyond our control.

The Company may carry out additional checks on the means of payment Used in the event of a suspected fraudulent transaction. In this case, the dispatch of E-cards or Cards may be suspended until the Company has verified the supporting documents and/or manually checked the validity of the transaction. A copy of the following supporting documents may be asked : a validity identity document (identity card, passport, residence permit…), proof of address less than 3 months old (telephone or electricity bill…), bank details (RIB) in the User’s name.

We put in place an obligation of means in order to meet the announced deadlines.

 

Article 8. Terms of payment

The User must pay for his purchases by Credit Card.

When paying online, the User indicates the number of his credit card, its expiry date and the cryptogram 3 written on the back of it (3 digits

Online payment is secured by Stripe.

 

Article 9. Right of withdrawal

In order to validly exercise his right of withdrawal, the User must inform Hool.org.uk within the 14 days by declaring his dissatisfaction by email hello@hool.org.uk

As from the receipt of the notification of withdrawal by the User, the Website will proceed to the reimbursement of the Transaction Price within 14 days. The refund will be deferred until the card or gift vouchers have been received and certified (amount, general condition, expiry date).

The reimbursement will be made by bank transfer to the Buyer’s account.

 

Article 10. Object

The purpose of these general conditions of use (hereinafter the « GCU ») is to define the terms and conditions under which, on the one hand, « the Company » makes its Website, its Platform and its Services available to its Users and, on the other hand, the manner in which the User accesses and uses its Website, its Platform and its Services

Any connexion to the Website is subject to compliance with these conditions.

For the User, simply accessing the Company’s Website at the following URL address « www.hool.org.uk » implies acceptance of all the conditions described below.

In case of non-acceptance of the GCU stipulated in this contract, the User must renounce access to the Services offered by the Website.

The Company reserves the right to unilaterally modify the content of these GCU at any time.  

 

Article 11. Website presentation and services provided

The Company provides its Users with a Platform for the purchase of Gift Cards. The Platform also allows the financing of non-profit projects.

 

Article 12. Legal notices

The « Hool.org.uk » Website is the property of the Hool Company, simplified joint stock company (SAS) with variable capital, with an initial capital of 3000.00 €, whose registered head office is located at 54 lotissement mer et soleil, 33740 Arès, registered in the Bordeaux trade and companies register under number 842 510 786. The host of the « Hool.org.uk » Website is the company OVH.

 

 

Article 13. Access to services

The Website allows the User free access to the following Services :

  • Listing of Gift Cards available for purchase

  • Description of the different Gift Cards and Brands offered

  • If you create an account : Personal tracking of purchases and sales, money collected to finance projects as well as history of orders in progress.

 

The Website is accessible free of charge at any location to any User with Internet access. All costs incurred by the User in accessing the service (computer hardware, software, Internet connection, etc.) are at the User’s expense.

The non-Member User does not have access to the services reserved for Member Users. To do so, he/she must identify himself/herself with his/her login (valid personal email) and password ater having created his/her personal account.

The Website uses all the means at its disposal to ensure quality access to its services. As the obligation is one of means, the Website does not undertake to achieve this result.

The Company shall not be liable for any event due to force majeure resulting in a malfunction of the network of server.

Access to the Website may be interrupted, suspended or modified at any time without notice for maintenance or any other reason. The User undertakes not to claim any compensation following the interruption, suspension or modification of his contract.

The User may contact the Website by email to hello@hool.org.uk

 

Article 14. Intellectual property

The Hool.org.uk is a registered trademark in the name of HOOL Company at the INPI.

The trademarks, logos, signs and any other content of the Website are protected by the Intellectual Property Code and more particularly by copyright. All trademarks, logos and trade names of third parties are registered trademarks and the property of their respective owners. All rights reserved.

The User requests prior authorization from the Website for any reproduction, publication or copy of the various contents.

The User undertakes to use the contents of the Website in a strictly private context. Any use of the contents for commercial purposes is strictly forbidden.

 

 

Article 15. Personal data

The Website ensures that the User’s personal information is collected and processed with respect for privacy in accordance with law n°78-17 of 6 January 1978 relating to information technology, files and freedoms.

Details of collection, use and deletion of this personal information are set out in our « Privacy Policy ».

In accordance with articles 39 and 40 of the law dated 6 January 1978, the User has Right to access, rectify, delete and oppose his personal data.

The User exercices the right 

·         By mail to hello@hool.org.uk ;

  • By post to the following address : « Hool – Customer Service , 54 lotissement mer et soleil 33740 Arès».

 

Article 16. Responsibility and force majeure

The sources of the informations published on the Website are deemed reliable and updated regularly. However, the Website reserves the right not to guarantee the reliability of the sources. The informations given on the Website is for information purposes only. Thus, the User alone assumes full responsibility for the use of the information and content of this Website.  

The User is responsible for keeping the password secret. Any disclosure of the password, in whatever form, is prohibited. The User assumes the risks associated with the use of his/her login and password. The Website declines all responsibility in the event of fraudulent use of the latter.

Any use of the service by the User resulting directly or indirectly in damage shall be subject to compensation of the Website.

The Website undertakes to use all necessary means to guarantee the security and confidentiality of data. However, the Website does not guarantee the security and confidentiality of the data transmitted

In accordance with 1147 article of the Civil Code, we are contractually liable to you in the case of non-performance or improper performance of the contract concluded.  

The photographs/ illustrations/ images on our Website have no contractual value. We cannot therefore be held responsible for them.

The Website cannot be held responsible in the case of force majeure or the unforeseeable and insurmountable act of a third party. Respecting to this, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

 

 

Article 17. Hypertext links

Numerous outgoing hypertext links are present on the Website, however the web pages where these links lead do not engage the responsibility of the Website which has no control over these links.

The User therefore refrains from engaging the responsibility of the Website concerning the content and resources relating to these outgoing hypertext links.

No authorization or request for prior information may be required by the Company with regard to a site that wishes to establish link to the Company’s Website. However, it is advisable to display this Website in a browser window. However, the Company reserves the right to request  the deletion of a link that it considers to be inconsistent with the purpose of the «Hool.org.uk » Website.

Finally, any use of the Website for fraudulent purposes, misappropriated or damaging to its e-reputation, without antecedent or commercial justification referring to the GCU above, will give the Company the right to take legal action against the website, the legal entity or natural person at the initiative of its actions, with a view to compensating the commercial prejudice suffered.  

 

Article 18. Duration

The duration of this contract is indefinite. The contract takes effect with regard to the User as from the use of the service.

 

 

Article 19. Applicable law and jurisdiction

French law applies to this contract. In case of failure to resolve a dispute between the parties amicably, the courts of the city of Bordeaux shall have sole jurisdiction.