Terms of Sale
TERMS OF SALE
General Terms and Conditions of Sale (hereinafter referred to as "GTC") are concluded between, on the one hand, Hive Development Ltd., a Bulgarian company registered under number [registration number][registration number][registration number] with the Trade and Companies Register of Sofia, having its registered office at [complete address], whose trade name is Catalyze, and on the other hand any person who has visited and/or made a purchase on the website https://catalyze.store , hereinafter referred to as "the User." Any purchase or visit to the website https://catalyze.store (hereinafter the "Site") automatically implies acceptance of all these conditions.
As a preliminary matter, it is necessary to define the terms used in these GTC.
PRELIMINARY ARTICLE
Client: any user of the Site who has a customer account on the Site and/or who makes a purchase of a Product through the Site. Each Client is a User of the Site.
Order: process by which the Client selects the Products he/she wishes to purchase on the Site. This Order is finalized when the Client has chosen the products he/she wishes to have delivered as well as the delivery options and when he/she has finalized the payment for these products.
Product: refers to any product that can be viewed or purchased on the Site by a User. It can be a product present on the Site and not yet purchased by the User, or a product present (or not) on the Site and purchased by the User.
User: any person who accesses the Site, regardless of whether they are a Client or not.
Site: internet page https://catalyze.store as well as all related internet pages.
ARTICLE 1 - OBJECT AND SCOPE OF APPLICATION OF THE GTC
These GTC aim to define the conditions under which Users can access or use the Site.
The parties are bound by all the terms, conditions, and policies described therein, as well as by any additional terms referenced in these GTC.
When visiting any part of this Site and/or purchasing a Product, each User agrees, without restriction or reservation, to comply with these GTC.
These GTC are notified to Users for acceptance prior to any Order on the Site. These GTC are considered an offer, acceptance of which is limited to the strict terms, conditions, and policies defined in Article 2) of this article.
All new tools, features, Products, and services added after the date of publication of these GTC will also be subject to these GTC.
ARTICLE 2 - CURRENT VERSION OF THE GTC
The version of the GTC that prevails is the latest version available on the Site.
Hive Development Ltd. is free to update, change, or replace any part of these GTC at any time and without notice, in order to take into account any administrative injunction or recommendation, as well as any legal, jurisprudential, and/or technical developments. When finalizing a new Order, the Client accepts the GTC in force on the date of said Order. It is the responsibility of each User to regularly consult the updates to these GTC at the following address: www.catalyze.store .
The User's access to the Site and/or the use of any function of this Site by the User, following the publication of any modification to these GTC, constitutes acceptance by the User of these new GTC. If a User refuses the GTC or their subsequent modifications, it is up to him/her to renounce any use of the Site.
ARTICLE 3 - TERMS OF USE OF THE SITE
The Site is hosted on [name of the hosting provider. Example: Shopify.Inc], provider of the digital e-commerce platform that allows Hive Development Ltd. to present and sell its Products and services.
By accepting these GTC, the User expressly declares that he/she has reached the age of majority in his/her country, state, or province of residence, and that he/she has given consent to allow any minor to use the Site under his/her supervision.
If the User is a legal entity, he/she must be duly represented, under the conditions legally provided for, which he/she expressly acknowledges and accepts.
The User undertakes not to use the Products or services of this Site for any illegal or unauthorized purpose.
The User undertakes not to jeopardize the proper functioning of the Site through the use of computer means such as worms, viruses, or any other computer code or process that may be harmful to the Site.
The service of the Site, its operation, as well as any part or content of the service of the Site, may be interrupted at any time by Hive Development Ltd., without notice or any other prior information to the User. Hive Development Ltd. is not responsible for any suspension or interruption of the service, of a part of the service of the Site, or of its operation.
ARTICLE 4 - GENERAL CONDITIONS
Hive Development Ltd. reserves the right to refuse access to services to any person at any time, for any reason whatsoever. In addition, Hive Development Ltd. reserves the right to limit sales of Products or services in any geographical area or jurisdiction.
Hive Development Ltd. reserves the right to limit the quantities of any Product or service it offers.
The User acknowledges and agrees that all descriptions of Products and all prices of Products may be changed at any time and without notice, at the sole discretion of Hive Development Ltd..
Hive Development Ltd. reserves the right to stop offering a Product at any time and without notice, at the sole discretion of Hive Development Ltd..
Hive Development Ltd. acknowledges that any offer of a Product or service presented on its Site is void where prohibited by law.
ARTICLE 5 - PRICES
The User acknowledges and accepts that the price of Products may be changed without notice. In particular, these changes may occur due to variations in raw material prices, logistics costs, or any other reason. Hive Development Ltd. is not responsible for the consequences of such a price change.
The prices of the Products applied to the Client correspond to those displayed on the Site at the time of his/her Order.
The prices of the Products are in euros, all taxes included.
ARTICLE 6 - PRESENTATION OF ITEMS
The User declares to be informed that photographs of the Products are present on the Site, and that they allow as clear a display as possible of the appearance of the Products, especially with regard to their color.
The User acknowledges that Hive Development Ltd. cannot ensure that the Products will be exactly identical to the photographs, particularly due to the technical constraints of making photographs available on the Site, or the differences existing between the screens of Users' electronic devices.
The User acknowledges and accepts that Hive Development Ltd. does not guarantee that the quality of all Products, services, information will meet the expectations of the User, nor that any error in the service or operation of the Site will be immediately and systematically corrected by Hive Development Ltd..
The User acknowledges and accepts that the Site may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times, and product availability. Hive Development Ltd. reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate, at any time and without notice, including after an Order has been placed by a Client.
The User acknowledges and accepts that Hive Development Ltd. is not obligated to update, modify, or clarify information on the Site or on any associated website, including but not limited to information about prices, unless clarifications are required by law.
The User declares to have perfect knowledge of the provisions of this article, and therefore accepts not to engage the liability of Hive Development Ltd. in this regard, except in cases provided for by law.
ARTICLE 7 - OPTIONAL TOOLS
Hive Development Ltd. may in certain cases provide access to third-party tools over which it exercises no monitoring, control or influence, which the User acknowledges.
The User expressly acknowledges and accepts that Hive Development Ltd. provides access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind, and without any approval required of the User.
The User expressly acknowledges and agrees that use of the optional tools on the Site is at the User's own risk and discretion. Hive Development Ltd. recommends the User to consult the conditions to which these tools are subject by the third-party supplier(s) concerned.
The User declares that he/she is fully aware of the provisions of the present article, and therefore agrees not to hold liable. [Trade name of the company] in this respect, resulting from or linked to the use of these optional third-party tools, except in the cases provided for by law.
ARTICLE 8 - THIRD-PARTY LINKS
The User acknowledges that certain content, Products and services available through the Site may include elements originating from third parties.
The User acknowledges that third-party links on this Site may redirect him/her to third-party websites that are not affiliated with Hive Development Ltd. Hive Development Ltd is not responsible for examining or evaluating the content or accuracy of such sites, and does not warrant or assume any responsibility for any content, web site, product, service or other item accessible on or from such third-party sites.
The User expressly acknowledges and agrees that Hive Development Ltd. is not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with such third party websites.
Hive Development Ltd. cautions the User to carefully read and understand the policies and practices of third parties before engaging in any transaction. Complaints, claims, concerns, or questions regarding such third parties' products should be submitted to such third parties.
ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
The User expressly acknowledges and agrees that, if he/she submits to Hive Development Ltd. or to Hive Development Ltd. specific content, or communicates creative ideas, suggestions, proposals, plans and/or other elements for improving the Site, Products or service of Hive Development Ltd., whether online, by e-mail, by post, or by any other means of communication, including the publication of comments on the Site, Hive Development Ltd. reserves the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media all such commentary material from Hive Development Ltd..
The User expressly acknowledges and agrees that Hive Development Ltd. is under no obligation (1) to maintain the confidentiality of such comments (2) to pay compensation or remuneration to any person for such comments (3) to respond to or ensure the publication of such comments.
The User expressly acknowledges and agrees that Hive Development Ltd. has the power but has no obligation to monitor, edit or remove any content communicated or published on the Site, which Hive Development Ltd. believes, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, vulgar or otherwise objectionable, or which infringes any intellectual property or these TOS.
The User agrees to write respectful, courteous comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights.
The User agrees to write comments and communicate with . Hive Development Ltd. without using a false e-mail address, and/or pretending to be someone they are not, and/or attempting to mislead staff. Hive Development Ltd.] and/or third parties as to the origin of his/her comments.
The User acknowledges that he/she is entirely responsible for all comments he/she publishes, their consequences and their accuracy. Hive Development Ltd. assumes no responsibility and disclaims all liability for any comments posted by the User.
ARTICLE 10 - PERSONAL INFORMATION
The submission of the User's personal information is governed by the Privacy Policy of Hive Development Ltd., which can be consulted at the following link: https://catalyze.store/policies/privacy-policy
ARTICLE 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
The Customer expressly undertakes and agrees to provide all Order and account information that is up to date, complete, exhaustive, accurate and fair concerning all Orders placed on the Site.
The Customer expressly undertakes and agrees to keep all information relating to his/her account up to date, in particular his/her e-mail address, credit card numbers and expiry dates, in order to properly complete the Order he/she has placed. The responsibility of Catalyze cannot be held liable in this respect.
Hive Development Ltd. reserves the right to limit or prohibit Orders which, in its sole judgement, may appear to come from merchants, resellers or distributors.
ARTICLE 12 - PROHIBITED USES
The User expressly undertakes and agrees not to use the site or its content for illegal purposes, or to incite third parties to perform illegal acts, or to infringe or violate the intellectual property rights of Hive Development Ltd. and those of third parties, or to submit false, misleading and/or defamatory information to the public, or to collect or track the personal information of others, or to spam, phish, hijack a domain, extort information, browse, explore or scan the web, or to undermine or circumvent the Site's security measures.
ARTICLE 13 - ORDERING
The User may browse the Site without any obligation to purchase. To place an Order, Products must be selected by the Customer, who adds them to his/her shopping basket. It is not necessary to create a personal account on the Site to place an Order.
Once the Order has been finalized, acceptance is confirmed by Hive Development Ltd by sending an e-mail to the e-mail address indicated by the Customer when placing the Order. The Order is finalized once the Customer has made full payment, which has been received by Hive Development Ltd.
The Customer expressly acknowledges and accepts that an Order that has been finalized and is in the process of being shipped cannot be cancelled.
When the Order is finalized, Hive Development Ltd. undertakes that a tracking number will be automatically sent to the Customer's e-mail address provided when subscribing to an account on the Site or indicated by the Customer when placing the Order. It is the Customer's responsibility to register this tracking number, and if they do not receive it, to check their spam and/or e-mail filters.The Customer expressly acknowledges and accepts that Hive Development Ltd. cannot be held responsible for the loss, misregistration or lack of diligence in retrieving the tracking number by the Customer.
Once the Order has been finalized, Hive Development Ltd. undertakes to send the Products within 5 to 15 working days.The Customer expressly acknowledges and accepts that this timeframe may be extended due to the occurrence of an event of force majeure or to any other event not reasonably under the exclusive control of Hive Development Ltd.
Hive Development Ltd. undertakes to honor validated Orders within the limits of available stocks.
The User expressly acknowledges and accepts that Hive Development Ltd. reserves the right to refuse any Order placed by a User in the event of a stock shortage or due to the occurrence of an event of force majeure as defined in French case law and the Civil Code, or to any other event not reasonably under the exclusive control of Hive Development Ltd., in particular an excessive and sudden increase in 's order book, concerning one or more Products.
The User expressly acknowledges and accepts that Hive Development Ltd. reserves the right, at its sole discretion, to reduce or cancel quantities purchased per person, per household or per order. Such restrictions may include Orders placed by or from the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address.
In the event of modification or cancellation of an Order, Hive Development Ltd. will notify the Customer by e-mail and/or by telephone provided by the Customer and/or by post to the billing address.
ARTICLE 14 - DELIVERY, EXCHANGE, RETURN
Delivery charges are specified on the Site, inclusive of all taxes, and are displayed to the Customer when the Order is placed.
The Customer must accept them when validating the Order.
The Customer expressly acknowledges and accepts that delivery costs depend on the territory of the address where the Product is received.
As Hive Development Ltd. uses external service providers (carriers, postal services, various logistics and delivery service providers, etc.) for the dispatch and routing of Products, Hive Development Ltd. depends on these third parties and is entirely dependent on these service providers.
Consequently, the User acknowledges and expressly accepts that the shipping and delivery times indicated on the Site and in these GTS may be extended by these third-party service providers without The User expressly acknowledges and accepts that the shipping and delivery times indicated on the Site and in these GCS may be extended by these third-party service providers, without Hive Development Ltd. being liable for any delays in shipping and delivery and for any consequences arising therefrom.
The Customer expressly acknowledges and accepts that the automated tracking system indicating a delivery, indexed by the tracking number automatically communicated to the Customer in accordance with the conditions of article 9, 4), is proof between the Parties of the correct receipt of the Product. In addition, the Customer expressly acknowledges and accepts that it is responsible for providing any evidence of non-delivery, which it undertakes to provide as soon as possible to . Hive Development Ltd. so that the latter's customer service can, at its own discretion and in appreciation of the evidence provided by the Customer, decide to return Products identical to those ordered by the Customer, at no additional cost to the Customer.
In accordance with the provisions of article L.221-28 of the French Consumer Code, the Customer expressly acknowledges and accepts that Products may not be the subject of a request for exchange or refund, unless the Products delivered are defective within the meaning of the French Civil Code, i.e. if they do not offer the safety that a standard person may legitimately expect. In the latter case, the Customer must provide all evidence of the product's safety defect to hornetsden.store@gmail.com as soon as possible.
Products are delivered within 2 to 10 working days of dispatch. The Customer is informed that, on average, Products are delivered within 4 working days of dispatch.
The User expressly acknowledges and accepts that a momentary shortage of stock, caused by high demand, may slow down the dispatch of Products and increase the dispatch time by 1 to 6 working days.
ARTICLE 15 - LIMITATION OF LIABILITY AND LEGAL WARRANTIES
The User expressly acknowledges and accepts that the liability of Hive Development Ltd. under the obligations of these GTS shall not be held liable in the event that non-performance of its obligations is attributable to the act of a third party, even if such act is foreseeable, to the Customer's fault, or to the occurrence of an event of force majeure or to any other event which was not reasonably under the exclusive control of . Hive Development Ltd.
The User expressly acknowledges and accepts that Hive Development Ltd. declines all responsibility for damages of any nature whatsoever, resulting in particular from the use of the Site or the Ordering of Products. This may include, in particular, damage resulting from the interruption of the Site's service, or its slowdown, or its failure in terms of security and data protection, or errors present on the Site, or damage to the reputation and image of the User and/or Customer as a result of the aforementioned failures. Hive Development Ltd. shall in no event be held liable for any interruption of all or part of the Site, regardless of the cause, duration or frequency of such interruption.
The User expressly acknowledges and agrees that use of the Site, or inability to use the Site, is at the User's sole risk. The Site is provided to the User "as is", and the Products and services are provided "as is" and "as available" for the User's use.
Hive Development Ltd., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no event be liable for any injury, loss, claim or damage of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or otherwise, resulting from a User's use of any service or Product derived from the service, or as to any other claim related in any way to your use of the service or any Product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from the use of the service or any content (or Product) posted, transmitted, or otherwise made available through the service, even if you have been advised of the possibility of their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the liability of Hive Development Ltd. shall be limited to the maximum extent permitted by law.
The Customer has a period of 14 clear days in which to exercise his/her right of withdrawal without having to justify his/her reasons or pay any penalties, with the exception of return costs. The right of withdrawal may only be exercised if the Products have not been unpacked, opened, damaged or used by the Customer, failing which the Products may not be returned.
The cooling-off period runs from the day of receipt of the goods by the Customer. The Customer should contact Hive Development Ltd. at hornetsden.store@gmail.com as soon as possible in order to inform them of the exercise of his right of withdrawal.
In the event of a successful withdrawal by the Customer, Hive Development Ltd. undertakes to refund all sums received in respect of the order placed by the Customer within 14 days of receipt of the Products by Hive Development Ltd.
If Hive Development Ltd. finds that the Product returned by the Customer is damaged, worn, or in a condition not corresponding to that of the shipment, no reimbursement will be made by Hive Development Ltd.. This rule also applies in the case of missing labels or original packaging.
Hive Development Ltd. is responsible for the conformity of the Products at the time of delivery, and the Customer may invoke the non-conformity of the Product delivered.
The Customer has a period of 2 years from delivery of the Product to notify any non-conformity to . Hive Development Ltd. , and choose whether to have the Product repaired or replaced. Hive Development Ltd. reserves the right not to follow the Customer's choice if this would entail a cost manifestly disproportionate to the other option, taking into account the value of the Product or the importance of the defect presented by the Product.
The Customer's warranty is expressly excluded in the event of deterioration or de
gradation of the Product due to use not in accordance with its intended purpose, or due to the Customer's own fault. This includes, but is not limited to, non-compliance with the precautions for use of the Product, such as unusual handling or lack of diligence in the proper use of the Product by the Customer or a third party, transport of the Product or exposure to substances incompatible with the use of the Product, modification, handling, personalization of the Product by the Customer or a third party.
The warranty is expressly excluded in the event of the Product being returned by the Customer in a condition other than that in which it was delivered to the Customer. The warranty only applies if the Product is returned with its original packaging, accessories, instructions for use, labels and all other items present when the Product was delivered.
ARTICLE 16 - INDEMNIFICATION
The User expressly agrees to indemnify, defend and hold harmless Hive Development Ltd. as well as its parent company, subsidiaries, affiliates, partners, officers, agents, directors, licensors, contractors, service providers, subcontractors, suppliers, interns and employees, with respect to any claim or demand, including (reasonable) attorneys' fees, made by any third party based on the User's breach of these GTC or the documents referenced herein.
ARTICLE 17 - SEVERABILITY
In the event that any provision of these GTS is held to be illegal, void or unenforceable, such provision shall be deemed to be severed from the remaining provisions of these GTS, which shall remain valid and enforceable. Such severance 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 date of termination of these GTS shall survive the termination of this agreement for all purposes.
These GTC are effective unless and until terminated. The User may terminate these GTC at any time by notifying Hive Development Ltd. that it no longer wishes to use the services of Hive Development Ltd. or its Site.
The User expressly acknowledges and accepts that if he/she fails to do so, or if Hive Development Ltd. suspects that the User has been unable to comply with the terms and conditions of these GTC, Hive Development Ltd. may terminate this agreement at any time without notice, in which case the User will remain liable for all sums up to and including the date of termination, and/or will have his/her access to Catalyze and/or to the Site refused (or to any part thereof).
ARTICLE 19 - NON-RENUNCIATION
Failure by Hive Development Ltd. of the rights granted to it by these GTC shall in no event be construed as a waiver of said rights.
Any ambiguity as to the interpretation of these GCS shall not be construed to the detriment of the drafting party.
ARTICLE 20 - APPLICABLE LAW
These T&Cs, as well as any separate agreement through which Hive Development Ltd. provides services, shall be governed by and construed in accordance with the laws in force in the United Arab Emirates, which the User expressly acknowledges and accepts.
ARTICLE 21 - CONTACT DETAILS
Users may ask questions relating to these GTC at the following address: hornetsden.store@gmail.com