Terms of sale
These General Terms and Conditions of Sale (hereinafter referred to as the “Terms and Conditions” or “T&Cs”) are entered into between, on the one hand, Hi Mark’, a company incorporated under French law, registered with the Bobigny Trade and Companies Register under number 800 614 760, whose registered office is located at 1 rue Rabelais, 93400 Saint-Ouen-sur-Seine, France, and, on the other hand, any person who visits and/or makes a purchase on the website mycreativemoment.com (hereinafter referred to as the “User”).
Any purchase made on, or visit to, the website mycreativemoment.com (hereinafter referred to as the “Website”) automatically implies full acceptance of these Terms and Conditions.
For the purposes of these Terms and Conditions, the following definitions shall apply.
PRELIMINARY ARTICLE – DEFINITIONS
Customer: any User of the Website who holds a customer account on the Website and/or purchases a Product through the Website. Every Customer is also a User of the Website.
Order: the process by which the Customer selects the Products they wish to purchase on the Website. An Order is deemed completed once the Customer has selected the Products to be delivered, chosen the applicable delivery options, and successfully completed payment for such Products.
Product: any product that may be viewed or purchased by a User on the Website. A Product may be a product displayed on the Website that has not yet been purchased by the User, or a product displayed (or not displayed) on the Website that has been purchased by the User.
User: any person accessing the Website, regardless of whether they are a Customer.
Website: the website mycreativemoment.com and all related webpages.
ARTICLE 1 – PURPOSE AND SCOPE OF APPLICATION
These Terms and Conditions are intended to define the conditions under which Users may access and use the Website.
The parties are bound by all terms, conditions, and policies described herein, as well as any additional terms and conditions referenced in these Terms and Conditions.
By visiting any part of the Website and/or purchasing a Product, each User agrees, without restriction or reservation, to comply with these Terms and Conditions.
These Terms and Conditions are provided to Users for acceptance prior to any Order placed on the Website. They constitute an offer, the acceptance of which is strictly limited to the terms, conditions, and policies set out herein.
Any new tools, features, Products, or services added to the Website after the publication date of these Terms and Conditions shall also be subject to these Terms and Conditions.
ARTICLE 2 – CURRENT VERSION OF THE TERMS AND CONDITIONS
The prevailing version of the Terms and Conditions shall be the latest version available on the Website.
Hi Mark’ reserves the right, at any time and without prior notice, to update, modify, or replace any part of these Terms and Conditions in order to comply with administrative requirements or recommendations, as well as any legal, judicial, or technical developments.
When placing a new Order, the Customer accepts the Terms and Conditions in force on the date of that Order. It is the responsibility of each User to regularly review updates to these Terms and Conditions at:
https://mycreativemoment.com/policies/terms-of-sale
A User’s continued access to the Website and/or use of any Website functionality following the publication of any modification to these Terms and Conditions shall constitute acceptance of such modifications.
If a User does not agree with these Terms and Conditions or any subsequent amendments, they must cease using the Website.
ARTICLE 3 – CONDITIONS OF USE OF THE WEBSITE
The Website is hosted by Shopify Inc., the e-commerce platform provider enabling Hi Mark’ to present and sell its Products and services.
By accepting these Terms and Conditions, the User expressly represents that they have reached the age of majority in their country, state, or province of residence, and that they have given their consent for any minor dependent to use the Website under their responsibility.
Where the User is a legal entity, it must be duly represented in accordance with applicable law, which it expressly acknowledges and accepts.
The User agrees not to use the Products or services offered on the Website for any unlawful or unauthorised purpose.
The User further agrees not to compromise the proper functioning of the Website through the use of worms, viruses, malicious code, or any other harmful technological means.
The Website service, its operation, and any part or content thereof may be interrupted by Hi Mark’ at any time without notice. Hi Mark’ shall not be liable for any suspension or interruption of the Website service or any part thereof.
ARTICLE 4 – GENERAL CONDITIONS
Hi Mark’ reserves the right to refuse access to its services to any person at any time and for any reason whatsoever.
In addition, Hi Mark’ reserves the right to limit the sale of its Products or services to any geographic region or jurisdiction.
Hi Mark’ reserves the right to limit the quantities of any Product or service offered.
The User acknowledges and agrees that all Product descriptions and Product prices may be modified at any time without prior notice, at the sole discretion of Hi Mark’.
Hi Mark’ reserves the right to discontinue offering any Product at any time without prior notice and at its sole discretion.
Hi Mark’ acknowledges that any offer of a Product or service made on the Website is void where prohibited by law.
ARTICLE 5 – PRICES
The User acknowledges and agrees that Product prices may be modified without prior notice. In particular, such modifications may occur due to fluctuations in raw material costs, logistics expenses, or any other reason. Hi Mark’ shall not be liable for the consequences of any such price changes.
The prices applicable to the Customer are those displayed on the Website at the time the Order is placed.
All Product prices are displayed in euros and include all applicable taxes.
ARTICLE 6 – PRODUCT PRESENTATION
The User acknowledges that photographs of the Products are displayed on the Website and are intended to provide the clearest possible representation of the Products, particularly regarding their appearance and colour.
The User acknowledges that Hi Mark’ cannot guarantee that the Products will be exactly identical to the photographs displayed on the Website, notably due to technical limitations relating to the display of images online and variations between Users’ electronic devices and screens.
The User acknowledges and agrees that Hi Mark’ does not guarantee that the quality of any Product, service, or information will meet the User’s expectations, nor that any error in the Website service or operation will be immediately or systematically corrected.
The User further acknowledges and agrees that the Website may contain typographical errors, inaccuracies, or omissions relating to Product descriptions, prices, promotions, offers, shipping charges, delivery times, and Product availability.
Hi Mark’ reserves the right to correct any error, inaccuracy, or omission, and to change, update, or cancel Orders if any information on the Website is inaccurate, at any time and without prior notice, including after an Order has been submitted.
The User acknowledges and agrees that Hi Mark’ is under no obligation to update, amend, or clarify information on the Website or any related website, including pricing information, unless required by law.
The User confirms full knowledge of the provisions of this Article and agrees not to hold Hi Mark’ liable in this respect, except where liability is imposed by applicable law.
ARTICLE 7 – OPTIONAL TOOLS
Hi Mark’ may, in certain circumstances, provide access to third-party tools over which it exercises neither monitoring, control, nor influence, as acknowledged by the User.
The User expressly acknowledges and agrees that access to such tools is provided “as is” and “as available”, without any warranty, representation, or condition of any kind and without any endorsement by Hi Mark’.
The User expressly acknowledges and agrees that the use of optional third-party tools available through the Website is entirely at their own risk and discretion.
Hi Mark’ recommends that Users review the terms and conditions applicable to such tools as provided by the relevant third-party providers.
The User confirms full knowledge of the provisions of this Article and agrees not to hold Hi Mark’ liable for any matter arising from or related to the use of such third-party tools, except where liability is imposed by applicable law.
ARTICLE 8 – THIRD-PARTY LINKS
The User acknowledges that certain content, Products, and services available through the Website may include materials provided by third parties.
The User acknowledges that third-party links on the Website may redirect them to external websites that are not affiliated with Hi Mark’.
Hi Mark’ is under no obligation to review or evaluate the content or accuracy of such websites and does not warrant or assume any liability for any third-party content, websites, Products, services, or other materials available through such websites.
The User expressly acknowledges and agrees that Hi Mark’ shall not be liable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions conducted through third-party websites.
Hi Mark’ advises Users to carefully review and understand the policies and practices of any third party before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party Products must be directed to the relevant third party.
ARTICLE 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
The User expressly acknowledges and agrees that if they submit specific content to Hi Mark’, or communicate creative ideas, suggestions, proposals, plans, or other materials relating to the Website, Products, or services of Hi Mark’, whether online, by email, by post, or through any other means of communication, including comments published on the Website, Hi Mark’ shall be entitled, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use such submissions in any medium.
The User expressly acknowledges and agrees that Hi Mark’ is under no obligation:
- To maintain any submission in confidence;
- To pay compensation or remuneration for any submission;
- To respond to or publish any submission.
The User expressly acknowledges and agrees that Hi Mark’ may, but is not obligated to, monitor, edit, or remove content that Hi Mark’ determines, at its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, vulgar, otherwise objectionable, or in violation of any intellectual property rights or these Terms and Conditions.
The User undertakes to submit comments that are respectful and courteous and that do not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
The User further agrees not to use a false email address, impersonate another person, or otherwise mislead Hi Mark’ or third parties regarding the origin of any submission.
The User acknowledges that they are solely responsible for all comments they publish, their consequences, and their accuracy. Hi Mark’ assumes no responsibility and disclaims all liability regarding any comments published by Users.
ARTICLE 10 – PERSONAL INFORMATION
The submission of personal information by Users is governed by Hi Mark’s Privacy Policy, available at the following address:
https://mycreativemoment.com/policies/privacy-policy
ARTICLE 11 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
The Customer expressly undertakes and agrees to provide complete, accurate, current, and truthful Order and account information for all Orders placed on the Website.
The Customer expressly undertakes and agrees to keep all account information up to date, including their email address, credit card details, and expiration dates, in order to ensure the proper processing of their Orders. Hi Mark’ shall not be held liable for any failure by the Customer to maintain accurate account information.
Hi Mark’ reserves the right to limit or prohibit Orders that, in its sole judgment, appear to be placed by dealers, resellers, or distributors.
ARTICLE 12 – PROHIBITED USES
The User expressly undertakes and agrees not to use the Website or its content:
- For any unlawful purpose;
- To encourage others to perform unlawful acts;
- To infringe or violate the intellectual property rights of Hi Mark’ or any third party;
- To submit false, misleading, or defamatory information;
- To collect or track the personal information of others;
- To send spam;
- To engage in phishing activities;
- To hijack domains;
- To extort information;
- To scrape, crawl, scan, or otherwise explore the web without authorisation;
- To interfere with or circumvent the security features of the Website.
ARTICLE 13 – ORDERS
Users may browse the Website without any obligation to make a purchase.
To place an Order, the Customer must select the Products they wish to purchase and add them to their shopping basket. It is not necessary to create a personal account on the Website in order to place an Order.
Once the Order has been completed, Hi Mark’ will confirm receipt by sending an email to the email address provided by the Customer during the checkout process.
An Order is considered final only once the Customer has completed full payment and such payment has been received by Hi Mark’.
The Customer expressly acknowledges and agrees that an Order that has been finalised and is already being processed for shipment cannot be cancelled.
Once the Order has been finalised, Hi Mark’ undertakes to automatically provide the Customer with a tracking number via the email address supplied when creating an account or placing the Order.
The Customer is responsible for retaining this tracking number and, if it is not received, for checking spam folders and email filters. The Customer expressly acknowledges and agrees that Hi Mark’ shall not be liable for the loss, misplacement, or failure by the Customer to retrieve the tracking information.
Following confirmation of the Order, Hi Mark’ undertakes to dispatch the Products within three (3) to five (5) business days.
The Customer expressly acknowledges and agrees that this period may be extended in the event of force majeure as defined under applicable French law, or any other circumstance beyond the reasonable control of Hi Mark’.
Hi Mark’ undertakes to fulfil confirmed Orders subject to Product availability.
The User expressly acknowledges and agrees that Hi Mark’ reserves the right to refuse any Order in the event of stock shortages, force majeure, or any circumstance beyond the reasonable control of Hi Mark’, including, without limitation, a sudden and exceptional increase in demand for one or more Products.
The User further acknowledges and agrees that Hi Mark’ reserves the right, at its sole discretion, to limit or cancel quantities purchased per person, household, or Order.
Such restrictions may apply to Orders placed through the same customer account, the same payment method, and/or using the same billing and/or shipping address.
If an Order is modified or cancelled, Hi Mark’ will attempt to notify the Customer using the email address, telephone number, or billing address provided during the Order process.
ARTICLE 14 – DELIVERY, EXCHANGES, AND RETURNS
Delivery charges are displayed on the Website inclusive of all applicable taxes and are shown to the Customer during the checkout process. The Customer must expressly accept such charges when validating the Order.
The Customer expressly acknowledges and agrees that delivery charges depend on the destination territory of the delivery address.
As Hi Mark’ relies on third-party service providers (including carriers, postal services, logistics providers, and delivery companies) for the shipment and transportation of Products, Hi Mark’ is dependent upon such providers.
Accordingly, the User expressly acknowledges and agrees that the shipping and delivery times indicated on the Website and in these Terms and Conditions may be extended due to the actions or delays of such third parties, and that Hi Mark’ shall not be liable for any resulting delay or consequence.
The Customer expressly acknowledges and agrees that automated tracking information indicating successful delivery, based on the tracking number provided under Article 13 above, shall constitute valid proof of delivery between the Parties.
Furthermore, the Customer expressly acknowledges and agrees that it is their responsibility to provide evidence of non-delivery. Such evidence must be supplied to Hi Mark’ as soon as reasonably possible so that the customer support team may review the matter.
Based on the evidence provided and at its sole discretion, Hi Mark’ may decide to resend identical Products to the Customer at no additional cost.
The Products may not be exchanged or refunded except where the delivered Products are defective within the meaning of applicable law.
In such circumstances, the Customer must provide all evidence demonstrating the alleged defect as soon as possible. Failing this, Hi Mark’ shall not be required to provide an exchange or refund.
Products are generally delivered within two (2) to ten (10) business days following dispatch.
Customers are informed that, on average, Products are delivered within four (4) business days after shipment.
The User expressly acknowledges and agrees that temporary stock shortages resulting from unusually high demand may delay shipment and extend dispatch times by one (1) to six (6) additional business days.
ARTICLE 15 – LIMITATION OF LIABILITY AND LEGAL WARRANTIES
The User expressly acknowledges and agrees that Hi Mark’ shall not be held liable for any failure to perform its obligations under these Terms and Conditions where such failure results from the act of a third party, even if foreseeable, from the fault of the Customer, from a force majeure event as defined under applicable French law, or from any other circumstance beyond the reasonable control of Hi Mark’.
The User expressly acknowledges and agrees that Hi Mark’ disclaims all liability for damages of any nature whatsoever resulting from the use of the Website or the ordering of Products.
Such damages may include, without limitation, damages resulting from interruptions to the Website service, reduced Website performance, security or data protection failures, errors contained on the Website, or damage to the User’s and/or Customer’s reputation or image resulting from any of the foregoing.
Under no circumstances shall Hi Mark’ be held liable for any interruption of all or part of the Website, regardless of the cause, duration, or frequency of such interruption.
The User expressly acknowledges and agrees that their use of the Website, or inability to use it, is entirely at their own risk.
The Website is provided on an “as is” basis, and all Products and services are provided “as available” and “as is” for the User’s use.
Hi Mark’, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages whatsoever, including but not limited to loss of profits, revenue, savings, data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from the use of any service or Product, or any claim relating in any way to the use of the Website, its services, Products, content, or any errors or omissions therein, even if advised of the possibility of such damages.
Because certain jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, Hi Mark’s liability shall be limited to the fullest extent permitted by applicable law.
RIGHT OF WITHDRAWAL
In accordance with applicable consumer protection legislation, the Customer has the right to withdraw from their purchase within fourteen (14) calendar days without providing any reason and without incurring any penalty, except for the direct cost of returning the Products.
The right of withdrawal may only be exercised if the Products have not been unpacked, opened, damaged, or used by the Customer. Otherwise, the Products may not be returned.
The withdrawal period begins on the day the Customer receives the Products.
The Customer must contact Hi Mark’ as soon as possible to notify the company of their intention to exercise their right of withdrawal.
If the withdrawal is validly exercised, Hi Mark’ undertakes to refund all amounts paid by the Customer in relation to the Order within fourteen (14) days following receipt of the returned Products.
If Hi Mark’ determines that the returned Product is damaged, worn, altered, incomplete, or not in the same condition as when delivered, no refund shall be issued.
This rule also applies where the original packaging, labels, or accessories are missing.
LEGAL GUARANTEE OF CONFORMITY
Hi Mark’ is responsible for ensuring that Products conform to the contract at the time of delivery.
The Customer may invoke the legal guarantee of conformity in accordance with applicable consumer protection legislation.
The Customer has a period of two (2) years from the date of delivery to report a lack of conformity and may request either repair or replacement of the Product.
Hi Mark’ reserves the right to refuse the Customer’s preferred remedy where it would result in a cost that is manifestly disproportionate compared with the alternative remedy, taking into account the value of the Product and the significance of the defect.
HIDDEN DEFECTS WARRANTY
Hi Mark’ warrants Products against hidden defects in accordance with applicable law.
This warranty shall not apply where deterioration or damage results from improper use of the Product, misuse by the Customer, or use contrary to the Product’s intended purpose.
Without limitation, this exclusion includes failure to follow instructions, unusual handling, negligence, transport damage occurring after delivery, exposure to unsuitable substances, modification, alteration, personalisation, or any intervention performed by the Customer or a third party.
The warranty shall also be excluded if the Product is returned in a condition different from that in which it was delivered.
The warranty shall only apply where the Product is returned together with its original packaging, accessories, instructions, labels, and all items originally supplied with the Product.
ARTICLE 16 – INDEMNIFICATION
The User expressly agrees to indemnify, defend, and hold harmless Hi Mark’, its parent company, subsidiaries, affiliates, partners, officers, agents, directors, licensors, contractors, service providers, subcontractors, suppliers, interns, and employees from and against any claim or demand, including reasonable legal fees, made by any third party arising from the User’s breach of these Terms and Conditions or any document incorporated herein by reference.
ARTICLE 17 – SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions.
Such determination shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 18 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date of these Terms and Conditions shall survive termination for all purposes.
These Terms and Conditions remain effective unless and until terminated by either party.
The User may terminate these Terms and Conditions at any time by notifying Hi Mark’ that they no longer wish to use the Website or its services.
The User expressly acknowledges and agrees that if they fail to comply, or if Hi Mark’ reasonably suspects that they have failed to comply with any provision of these Terms and Conditions, Hi Mark’ may terminate this agreement immediately and without notice.
In such circumstances, the User shall remain liable for all amounts due up to and including the date of termination, and access to the Website and/or services may be denied.
ARTICLE 19 – NO WAIVER
Failure by Hi Mark’ to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
ARTICLE 20 – GOVERNING LAW
These Terms and Conditions, as well as any separate agreements under which Hi Mark’ provides services, shall be governed by and construed in accordance with the laws of the United Arab Emirates.
ARTICLE 21 – CONTACT DETAILS
Questions regarding these Terms and Conditions may be sent to:
Website:
https://mycreativemoment.com/