Terms & Conditions Of Sale
Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION
1.1 These General Terms and Conditions of Sale (“the GTC”) determine the rights and obligations of the parties in the context of the online sale of Products offered by Horrifiq.
1.2 Any Order placed on Horrifiq implies the prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to French law. These Terms and Conditions are therefore an integral part of the Contract between the Client and Horrifiq. They are fully enforceable against the Client, who declares having read them and having accepted them, without restriction or reservation, before placing the Order.
1.3 These GTC apply to any Order placed by an individual of legal age acting as a consumer. The Customer therefore certifies that it is a natural person over 18 years of age, acting for purposes that do not fall within the scope of its commercial, industrial, craft, liberal or agricultural activity. He acknowledges that he has full capacity to commit when he places an Order and undertakes to provide truthful information as to his identity.
1.4 Exclusions: Persons acting in a professional capacity, i.e. natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they act in the name of or on behalf of another professional, are expressly excluded from the scope of these GTC.
Professionals who wish to place an Order with Horrifiq are invited to contact us directly at [email protected].
1.5 The GTC applicable to each Order are those in force on the date of payment (or the first payment in the event of multiple payments) of the Order. Horrifiq reserves the right to modify them at any time by publishing a new version on its website. These General Terms and Conditions of Sale can be consulted here and can be downloaded in PDF format using your web browser print feature.
Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1. Process for placing the Order
To purchase one or more Products on Horrifiq, the Customer selects each Product and adds it to his cart. Once his selection is complete, he must confirm his cart to proceed to the Checkout page.
At this point, the Client is redirected to a page containing :
A summary of the selected Products, the corresponding prices, the terms and conditions, the delivery costs, and taxes if applicable. It is then up to him to check and possibly correct the contents of his cart.
The Customer can choose between the different payment methods offered and proceeds to the payment of his Order.
The present Terms and Conditions of Sale are available in Checkout, just under the “PLACE ORDER” button. It is the responsibility of the Customer to read them carefully before validating the entire Order.
This validation of the Order after checking the basket and reading the GTC is equivalent to the conclusion of the Contract and the Customer acknowledges that the click to the “PLACE ORDER” button entails acknowledgement of the GTC.
After validating the Order and making payment, the Customer receives a confirmation email from Horrifiq at the email address he provided on checkout, or when he created his account. This email contains:
- The Order ID (which may be asked by support for assistance)
- The summary of his order (Products selected, price, terms and conditions and delivery costs)
- The shipping and billing addresses
- Links to Horrifiq and legal pages
In the event of non-receipt of the Order confirmation, the Client is recommended to contact us at [email protected] to request for a new attempt to send the email.
The Client shall then receive a purchase invoice transmitted in electronic form, which the Client expressly accepts.
The Client is strongly advised to keep this confirmation message and the purchase invoice that is also sent to him in electronic format, as these documents may be requested as proof of the Contract.
2.2 Refusal by the Company to validate the Order
The Company reserves the right to refuse your Order for any legitimate reason, including for example :
- Order not conforming to the GTC
- Quantities ordered not corresponding to a normal use by a consumer Customer
- Non-payment of a previous Order or current litigation concerning a previous Order
- Suspicion of fraud on the Order (supported by a bundle of corroborating evidence).
Article 3 – SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Client on the Horrifiq website, as well as information on the use of the product, where applicable.
Although Horrifiq takes reasonable care to ensure that the specifications are accurate, such specifications may be subject to very subtle differences, such as sizes being less than 4% off, or colors being slightly different than colors reproduced by a smartphone or computer display.
The Specifications are presented in detail and in English. The Parties agree that the illustrations, videos or photos of the Products on sale have no contractual value. The period of validity of the Products sales as well as their prices is specified on the Horrifiq website.
3.2 Availability of the Products
Product offers are valid within the limit of stocks available from our warehouses. This availability of Products is normally indicated on the specific page of the Product.
However, insofar as Horrifiq does not reserve stock (except in special cases of Products indicated in pre-order on the Product sheet), placing a Product in the cart does not absolutely guarantee the availability of the Product.
In the event that a Product becomes unavailable after the validation of the Customer’s Order, Horrifiq will immediately inform the Customer by email. The Order will be automatically cancelled and Horrifiq will reimburse the price of the Product initially ordered, as well as any sums paid in respect of the Order.
However, if the Order contains Products other than the Product that has become unavailable, these will be delivered to the Client and the delivery costs shall not be refunded.
Article 4 – PRICE OF PRODUCTS
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is determined according to the prices at which the Product is commonly sold in a panel of signs distributing it. This price is updated as soon as the price charged within the panel of signs is modified.
4.2 Modification of the prices indicated on the sites
The prices of the Products are indicated on the Product description pages. They are indicated exclusive shipping costs, taxes, and customs duties if applicable. Horrifiq reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation.
The Products ordered shall be invoiced on the basis of the price in force on the site at the time the Order is validated.
4.3 Product prices
As Horrifiq ships all around the world, the prices of the Products sold through the Horrifiq website are indicated in USD, GBP, CAD, AUD or EUR excluding shipping costs, taxes and custom duties on Product and collections pages. They are also indicated in USD, GBP, CAD, AUD or EUR excluding shipping costs, taxes and custom duties, unless otherwise indicated, on the Cart and Checkout pages.
4.4 Payment of taxes
Horrifiq only collects VAT from EU (European Union) customers, according to its applicable legislation. Customers outside EU are solely responsible for the process of declaration and payment of import taxes when clearing the Product through customs. He may be asked to pay the import taxes. Insofar as this tax is not the responsibility of Horrifiq, it may not be required to reimburse this tax.
For all products shipped outside the European Union, prices are automatically calculated net of taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. Horrifiq has no control over these duties and sums.
They shall be borne by the Client and are its responsibility (declarations, payment to the competent authorities, etc.). Horrifiq therefore invites the Client to obtain information on these aspects from the relevant local authorities.
Article 5 – PAYMENT OF THE PRICE OF PRODUCTS
5.1 Timing of Payment
The payment of the totality of the price of the Order must be made immediately after the validation of the Order.
Horrifiq may, exceptionally, grant payment in instalments, particularly in view of the amount to be paid and its knowledge of the Customer concerned. However, the Company is under no obligation to grant such payment terms. In the event of a particular situation, the Client may make a request by contacting us at [email protected].
5.2 Methods of payment
To pay for his Order, the Customer can choose between different methods of payment:
Payment by credit card:
Only bank cards issued by Visa, MasterCard, American Express and Maestro are accepted. The Client guarantees Horrifiq that he has the necessary authorisations to pay with the bank card used. He expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his bank card number constitutes authorisation to debit his account up to the total amount corresponding to the Products ordered. The amount shall be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the credit card information communicated shall benefit from the SSL encryption process.
Payment by cryptocurrencies:
Horrifiq offers cryptocurrency stable coins payments for Orders paid in USD only. The Customer shall execute and complete a blockchain transaction before validating his order. The Customer shall not be linked to any illicit activity in the blockchain.
Supported coins & chains:
- Polygon USDT : 0xc2132D05D31c914a87C6611C10748AEb04B58e8F
- Polygon USDC : 0x2791Bca1f2de4661ED88A30C99A7a9449Aa84174
- Binance Smart Chain USDT : 0x55d398326f99059fF775485246999027B3197955
- Binance Smart Chain USDC : 0x8AC76a51cc950d9822D68b83fE1Ad97B32Cd580d
Payment by AfterPay/ClearPay
Buy-now-pay-later solutions AfterPay and ClearPay are available respectively for US and UK customers, while eligibility depends on AfterPay/ClearPay conditions. The Client guarantees Horrifiq that he has the necessary authorisations to pay with the bank card used. He expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his bank card number constitutes authorisation to debit his account according to the payment schedule established by AfterPay/ClearPay.
In general, in the event of refusal of payment authorisation from officially accredited bodies or in the event of non-payment of the Order, Horrifiq reserves the right to suspend and/or cancel the said Order.
Horrifiq reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.
The Company reserves the right to set up an Order verification procedure intended to ensure that no one uses another person’s bank details without his or her knowledge. As part of this verification, the Client may be asked by Horrifiq to provide a copy of an identity document, proof of address and a copy of the bank card used for payment. Precise indications on the exact content of the information requested (to preserve the confidentiality of his data) will be communicated to the Client in case of verification. The order will be validated only after receipt and verification of the documents sent.
Article 6 – DELIVERY – CUSTOMS – RECEPTION
Before validating the Order, Horrifiq shall provide the Customer with information regarding the various delivery methods and their respective prices. Following the Client’s choice of delivery method, Horrifiq shall provide the Client with an estimate of the delivery time.
Horrifiq shall make every effort to ensure that the Product(s) is (are) delivered by the delivery date at the latest. In the event of any difficulty, Horrifiq undertakes to communicate rapidly with the Client to inform him/her of this and to seek an appropriate solution with him/her.
Air transport, shipping and/or delivery of the Product(s) will be fully paid by the Client (“Delivery Costs”). These Delivery Costs are included in the final price invoiced to the Customer at the time of the Order. On the other hand, any customs charges are not included in the price invoiced to the Client by Horrifiq.
Depending on the methods chosen by the Client, delivery shall be made either to the address given by the Client or, where applicable, to a relay point chosen by the Client from the list of available points. It is therefore incumbent on the Client to check the delivery details carefully, as he alone remains liable in the event of non-delivery due to incomplete or erroneous information.
6.2 Customs clearance
At the time of purchase, Customers outside the EU (European Union) buy the product free of taxes and customs fees and he may be asked to pay customs duties by his local customs offices. Because of recent phishing scams happening globally, Horrifiq recommends his Customers to verify the legitimacy of such requests before paying any amount.
The Customer is solely responsible for the process of declaring the customs duties when clearing the Product through customs. These customs duties, which are not invoiced to the Client by Horrifiq, are not the responsibility of Horrifiq. Horrifiq shall therefore not be liable for the reimbursement of these duties.
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
If any anomaly is found, the Customer must contact us at [email protected] within 3 days (excluding public holidays) following the Order delivery date.
Article 7 – WITHDRAWAL
Our Returns Policy are the subject of a dedicated page available here.
Article 8 – WARRANTIES
Certain Products on sale on Horrifiq benefit from a contractual warranty granted by Horrifiq itself.
The existence of this type of warranty is mentioned, where applicable, on the specific page of the Product.
If the Client wishes to make use of this warranty, he should inform Horrifiq by contacting us at [email protected] and consult the terms and conditions for the application of the warranty, which are generally inserted in the box concerning the Product.
It is recalled that the benefit of the Manufacturer’s Warranty does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 9 – PERSONAL DATA PROTECTION
In the context of the commercial relationship, Horrifiq, as the data controller, collects a certain number of mandatory nominative data (including, in particular, surname, first name, delivery address, etc. mentioned by an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, producing statistics and complying with the Company’s legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
Failure by the Client to communicate this information would make it impossible to process the Order.
This data is intended for internal use by Horrifiq but may be transmitted to companies that contribute to the performance of the service, including in particular those that deliver Products or process payments.
Concerning this personal data, the Customer has several rights:
- Right of access to personal data concerning him
- Right of correction and deletion if the personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and conservation of certain data is prohibited
- Right to limit the processing of data, provided that this request is duly justified and does not prevent Horrifiq from complying with its regulatory and legal obligations
- Right to object to the processing of data (in particular in the case of processing for commercial prospecting).
- Right to issue post-mortem instructions regarding the storage, deletion and disclosure of your personal data
- Right to withdraw consent to certain processing operations (processing operations carried out before withdrawal of consent remain lawful)
- Right to file a claim with the CNIL.
To exercise his rights, the Client may address a request to Horrifiq, at [email protected]
The request must mention the Customer’s e-mail address, surnames, first names, postal address and must be accompanied by a copy of his double-sided identity document.
A reply will be sent to him/her within one month of receipt of the request.
Article 10 – INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the Horrifiq website do not entail any transfer of intellectual property on the Products sold.
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Horrifiq or their initial owner. No transfer of intellectual property rights is made through these GTC.
Article 11 – MAJOR FORCE
Horrifiq shall not be held liable for failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure that would prevent performance. Horrifiq shall notify the client of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding anything to the contrary herein, Horrifiq shall in no event be liable for any loss or damage due to improper use of the Product(s) by the Client, including, without limitation, any modification or alteration of the Product(s) not authorized by Horrifiq.
Article 13 – SUSPENSION – TERMINATION OF ACCOUNT
Horrifiq reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the GTC, or in general the applicable legal provisions, without prejudice to any damages that Horrifiq may request.
Any person whose account has been suspended or closed may not order at a later date or create a new account on the Site, without Horrifiq prior authorisation.
Article 14 – ARCHIVING – PROOF
In the absence of proof to the contrary, the information recorded by Horrifiq constitutes proof of all transactions.
At the time of each Order, the Order summary is sent by email to the Client and archived on the Horrifiq website.
The archiving of communications between Horrifiq and the Client is carried out on computerized registers that are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Client and Horrifiq. They may be produced as proof of the Contract.
The archiving of communications, order details and invoices is made on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the French Civil Code. This information can be produced as proof of the contract.
The Customer shall have access to the archived elements on simple request at [email protected]
Article 15 – NULLITY AND MODIFICATION OF THE GTCs
If any of the provisions of these GTC are null and void, they shall be deemed to be unwritten, but shall not result in the nullity of all contractual provisions.
Any tolerance on the part of Horrifiq in the application of all or part of the commitments made in the context of these GTC, whatever the frequency and duration, shall not be deemed to constitute a modification of the GTC, nor shall it generate any right whatsoever for the Client.
Article 16 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These GTC are subject to French law.
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution at [email protected].
In the absence of a solution found directly with the Customer Service, the European Commission has set up a dispute resolution platform designed to collect any consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.