Therms & conditions

These general terms and conditions of sale are concluded between, on the one hand,

HOPAAL, a company with capital of €24704
79 bis Rue d'Espagne, 64200 Biarritz - France

Registered with the RCS of Bayonne under number 819 528 142 000 30
with intra-community VAT number FR 31 819 528 142

and, on the other hand, any individual of legal age wishing to make a purchase via the Hopaal website (www.hopaal.com), the exclusive property of HOPAAL.

Last update : 13/02/2024

1 - Purpose

These conditions govern the sale of all products presented on the www.hopaal.com website by the company HOPAAL. They aim to define the reciprocal obligations of the parties as well as the various stages of the ordering process.

These conditions may be subject to change. It is therefore understood that the applicable conditions are those in force on the site at the time the contract is placed.

The parties agree that their relationship will be exclusively governed by this contract, to the exclusion of any other condition. The items offered for sale may not be transferred in any way whatsoever.
Any order duly validated on the www.hopaal.com website implies total and unreserved acceptance of these general terms and conditions of sale.

2 - Articles and products

The items shown on the www.hopaal.com website can only be delivered while stocks last. If the product is not available, HOPAAL undertakes to inform the purchaser as soon as possible by e-mail or telephone. The buyer will then have the option of choosing another article or cancelling the order and being reimbursed.

Any customer complaint concerning the order or delivery of an unavailable item will be considered unfounded.

HOPAAL endeavours to describe the products offered for sale as accurately as possible. However, HOPAAL cannot be held responsible for any errors in this presentation. The illustrations and photos of the products supporting the text are not contractual. Under no circumstances may HOPAAL be held liable on the basis of the said illustrations/photos.

3 - Prices

The prices shown on the www.hopaal.com website are in euros, including VAT. VAT is applied at the rate in force in mainland France at the time the order is placed. Any change in the rate will be applied immediately to the current order.

Product prices do not include delivery charges, which are extra. The buyer will be informed of the latter on the summary screen before final validation of the order.

However, the establishment of the order depends on the geographical area of delivery:

For deliveries in mainland France and in countries belonging to the European Union, the order will be established inclusive of tax.

For deliveries to French overseas departments and territories and outside the European Union, the order will automatically be established exclusive of tax. Customs duties, other local taxes, import duties or state taxes may be payable on entry into the country. These duties are not the responsibility of HOPAAL. They are the sole responsibility of the purchaser, both in terms of declarations and payments to the competent authorities of the country concerned.

The products remain the property of HOPAAL until full payment has been received.

4 - Order process

Customers wishing to place an order must follow the following procedure:

  • Product selection: the customer selects the product they wish to order.
  • Checking the contents of the selection: the customer checks the contents of their basket, while retaining the option of deleting the products they have selected.
  • Identification: the customer must fill in the identification form provided and provide the information requested (compulsory information: title, surname, first name, address, date of birth, e-mail address, telephone number for delivery).
  • Checking the order: the customer checks the contents of their order, the total price, the delivery and billing addresses, while retaining the option of deleting a product or changing the billing and delivery address. They choose their method of payment and must confirm their acceptance of these general terms and conditions of sale by ticking the appropriate box. The order can only be validated once this box has been ticked.
  • Acknowledgement of receipt of the order: the customer will receive an e-mail summarising the contents of their order, including :
  • the order number ;
  • the list of products ordered
  • the terms of delivery;
  • these general terms and conditions of sale.


It is advisable to keep and print this document as official proof of the order. The order is then recorded and processed by HOPAAL, which checks the availability of the product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the products available for sale. HOPAAL. undertakes to honour orders received on its website only within the limits of available stocks. In the event of unavailability of the products ordered, HOPAAL. will contact the customer by e-mail as soon as possible, in order to inform the customer of the cancellation or reimbursement of the order.

  • Confirmation of dispatch of the order: the customer will receive an e-mail confirming dispatch of the order. The contract is deemed to have been concluded on the date this e-mail is sent.
  • Order tracking: Customers will receive an e-mail with the tracking number for their parcel. It is also possible to track orders in the customer area.

5 - Delivery
5-1. General information

The items for sale on www.hopaal.com can be delivered to the following destinations:

List of destinations (countries)

  • Metropolitan France
  • Belgium
  • Germany
  • Luxembourg
  • Netherlands
  • Austria
  • Ireland
  • Italy
  • Portugal
  • Spain
  • Switzerland
  • United Kingdom

They will be delivered to the delivery address given by the customer on the order form.

5-2. Terms of delivery

For all products, the order is prepared for dispatch from the HOPAAL warehouses within an average of 2 to 3 working days (subject to stock availability) from confirmation of the order by e-mail.

Orders are then delivered by Colissimo (La Poste). As soon as La Poste has taken charge of the order, it is delivered to the customer's home or to a relay point within the times specified above.

The order is delivered in a letterbox or by hand against signature. If the customer is absent or unable to collect the parcel, for delivery against signature, the postman will leave a calling card stating the date and address of the post office where the customer may collect the parcel on presentation of proof of identity.

From the date mentioned on the delivery notice, the customer has 15 days to collect the parcel.

5-3. Delivery times and rates

The delivery times announced on the site apply as from the reception by the customer of the e-mail of confirmation of the sending of the order sent by Hopaal.

Deliveries within France and the European Union are invoiced with French VAT.

For deliveries outside mainland France, shipping costs are exclusive of VAT. Customs or import duties are not included in the delivery costs indicated and are payable by the customer.

The delivery times announced on the site are purely indicative and depend on the destination and availability of the product ordered. If the delivery time is exceeded, the order may not be cancelled, the price paid by the purchaser may not be reduced and no payment may be made by way of damages. However, and in accordance with the provisions of article L.121-20-3 of the French Consumer Code, in the absence of delivery at the end of a period of thirty days from the day following the day on which the customer placed his/her order, the customer will have the option of cancelling his/her order free of charge. The sums paid will then be refunded.

In cases where it is able to do so, HOPAAL reserves the right to offer a product of equivalent quality and price to the initial product.

HOPAAL cannot be held responsible for additional delays caused by the non-issuance of a bank authorisation or an incomplete order form.

In the event of partial delivery, transport costs will only be invoiced for the first delivery.

The products are insured by HOPAAL until delivery.

5-4. Receipt of products and complaints

HOPAAL strongly advises the customer to check the apparent condition of the products on delivery. In the event of any anomaly (damaged packaging, missing or damaged products) the customer :

must make any necessary reservations on the delivery receipt,

must send a declaration of reservations to the carrier by registered post with acknowledgement of receipt within 48 hours of delivery

send a copy of this letter to HOPAAL Customer Services 79 bis Rue d'Espagne - 64200 Biarritz.

If in doubt, the customer is advised to open the parcel in the presence of the carrier to ensure that there is no damage to the product. Failing this, the customer will not be able to make any claim against HOPAAL.

6 - Payments

Customers may pay by credit card directly on the site, using a Visa, Eurocard or Mastercard.

Payment methods such as bank transfer and cash on delivery are not accepted.

The invoice amount will be debited from the customer's account on the date of payment.

To ensure payment security, the www.hopaal.com website uses the Stripe secure payment service. This service incorporates the SSL security standard. Confidential data (the 16-digit bank card number, the expiry date and the visual cryptogram) are transmitted encrypted directly to the Stipe server without passing through the physical media of the www.hopaal.com server.

When the order is validated, the payment request is routed in real time to the Stripe telepayment manager. This sends an authorisation request to the bankcard network. The remote payment manager issues an electronic certificate.

For any payment by bank card on the www.hopaal.com site, the electronic certificate issued by the remote payment manager will be considered proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 et seq. of the French Civil Code. In this respect, the dates and times of the server will be taken as proof between the parties.

www.hopaal.com reserves the right to refuse an order if there is a previous dispute in progress or an abnormally high level of orders.

Payment in instalments with Alma

Payment by instalments/deferred payment is available via our partner Alma. Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure.

Purchase amounts
P2X: Only purchases between €50 and €2,000 are eligible for payment with Alma.

P3X: Only purchases between €50 and €2,000 are eligible for payment with Alma.

P4X: Only purchases between €50 and €2,000 are eligible for payment with Alma.

Fees
By paying in instalments with Alma, the Customer does not pay any charges.

Alma is a tele-payment manager and issues an electronic certificate as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the French Civil Code.

Termination
Any termination of the GTC binding the Seller and the customer will result in the termination of the GCU between Alma and the customer.

7 - Right of withdrawal


The buyer has a period of 14 days in which to exercise his/her right of withdrawal. Within 14 days of receipt of the goods ordered, the purchaser may request an exchange or refund of the item(s) purchased.

After the 14 day period, HOPAAL will be free to refuse the exchange, credit note or refund.

The exchange or refund procedure is as follows:

The buyer must inform Hopaal of his wish to retract within 14 days following the reception of his order. The Buyer can find the withdrawal form here

Hopaal will acknowledge receipt of the withdrawal by email as soon as it is informed.

The Buyer fills out the return form accompanying the purchased product(s), specifying whether it is an exchange or a refund for each item.

The Buyer returns the product(s) together with the completed returns form by recorded delivery or parcel post within 14 days of informing Hopaal of their intention to cancel.

7.1 Exchanges


Exchanges are made for the same article in a different size or colour if the price is the same and subject to stock availability. The exchange will be processed within a maximum of 14 days from the date on which HOPAAL is informed of the customer's decision to withdraw, provided that the product is returned in perfect condition, unworn and correctly folded.

The cost of returning the product(s) for exchange will be borne by the customer.

HOPAAL will bear the cost of re-delivery.

 

7.2 Refunds

If the customer opts for a refund, HOPAAL will reimburse the customer for the price of the product(s) within a maximum of 14 days from the date on which HOPAAL is informed of the customer's decision to withdraw, provided that the product is returned in perfect condition, unworn and correctly folded. Reimbursement may be deferred until recovery of the products or proof of dispatch of the products by the customer. The date used will be that of the first of these events. The refund will be made using the same means of payment as that used for the initial transaction. If a virtual payment card is used, the refund will be made by cheque sent to the customer's home address.

The cost of returning the product(s) to be exchanged shall be borne by the customer.

8 - Legal guarantees and after-sales service

The products sold are covered by the legal guarantee of conformity set out in articles 211-4 et seq. of the French Consumer Code and by the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code). These guarantees cover both hidden and visible defects from the date of delivery. The only obligation incumbent on HOPAAL under this guarantee is, at its discretion, the free replacement or repair of products recognised as defective without any other service or compensation.

This guarantee does not cover damage resulting from improper use of the product, normal wear and tear due to its use or failure to follow washing and maintenance instructions. In order to benefit from the product guarantee, it is essential to keep the purchase invoice for the product as well as the delivery note.

9 - Confidentiality

All nominative information collected from the customer is required to process the order, to send it and to draw up the invoice.

This information may be passed on by HOPAAL to its contractual partners as part of the fulfilment of the order, in particular to ensure the transport of the products ordered.

HOPAAL undertakes to protect this data concerning the customer. In accordance with the law ‘informatique et libertés’ of 6/01/1978, modified by the law of 6 August 2004, the processing of this nominative information has been declared by HOPAAL to the Commission Nationale de l'Informatique et des Libertés (CNIL) registered under N°1330043.

In accordance with article 34 of the same law, the customer has the right to access, modify, rectify and delete data concerning him or her. In this case, customers may modify their personal information directly in the ‘My account’ section of the www.hopaal.com website.

When a customer account is created on the www.hopaal.com website, HOPAAL also offers the possibility of receiving information by e-mail, via the ‘HOPAAL Newsletter’, on events, exclusive offers, special promotions, new products and competitions organised by HOPAAL. The customer may decide, at any time, not to receive this ‘HOPAAL Newsletter’ by unsubscribing via the unsubscribe link included in the footer of the e-mail.

10 - Responsibilities

HOPAAL may not be held liable for any events, inconveniences or damage inherent in the use of the Internet network, particularly in the event of service interruption, external intrusion or the presence of computer viruses.

Furthermore, HOPAAL shall not be held liable for non-performance of the contract entered into in the event of unforeseen circumstances, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flooding or fire. HOPAAL shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses that may arise as a result of the present contract.

 

11 - Assignment of jurisdiction

 These general terms and conditions of sale are governed by French law. Any dispute that has not been settled amicably shall be subject to the exclusive jurisdiction of the competent courts of Brest or of the jurisdiction of the place of actual delivery of the customer's order, notwithstanding the plurality of defendants and/or the introduction of third parties, even for emergency proceedings or protective proceedings in summary proceedings or by petition.

 

 12 - Customer service

You can contact Customer Service free of charge by e-mail if you have any questions about your order, shipping or tracking:

By e-mail to: hello@hopaal.com

By post: HOPAAL 79 bis Rue d'Espagne - 64200 Biarritz - France

 

13 - Intellectual property rights

All trademarks, domain names, products, software, images, videos, text, and other proprietary information are and will remain the exclusive property of Hopaal.

No transfer of intellectual property rights is made through these Terms and Conditions. Any total or partial reproduction, modification or use of these goods is strictly forbidden.