1.1. These General Terms and Conditions of Service and Use (hereinafter referred to as the“GTCSU”) have been drawn by RecoHero International Limited (hereinafter referred to as the “Company”), a company under Irish law defined as a Private Company Limited by Shares, registered with the Companies Registration Office in Dublin, Ireland with company registration number 585554 and with registered office at The Liffey Trust Centre, 117-126 Sheriff Street Upper, D01 XY93, Dublin, Ireland. Its telephone contact number is +353 76 680 5155 (Ireland) and its email addresses are:
1.2. Recohero HI Limited, a company under Irish law, is the owner and publisher of the recohero.com website, of all the underlying sub-domains, as well as all other country-specific versions (hereinafter referred to as the “Website”). It grants a license to the Company to make full use of the Website and manage its content.
1.3. The Managing Editor is Monsieur (M.) Ambroise de la Gorce.
1.4. The Website offers access to individuals and companies (hereinafter referred to as the “Users”) and allows individuals registered to the Website (hereinafter referred to as the “Customers”) to purchase state-of-the art devices to be connected to smartphones (hereinafter referred to as the “Products”), from innovative companies selling such Products (hereinafter referred as the “Partners”).
Furthermore, the Website offers individuals – regardless of the fact of being Customers or not – to become independent trendsetters and specifiers (hereinafter referred to as the “Trendsetters- Specifiers”) with the aim of recommending the Products on display on the Website to other individuals in return for commission pursuant to the provisions of the GTCSU on each and every purchase made by the said individuals.
The Website therefore allows Customers to make online purchases, and Partners to reference their Products. The GTCSU applies to each User of the Website including Customers, Trendsetters-Specifiers, Partners and Website Visitors. Please read the GTCSU carefully and ensure you understand and accept all the terms herein. By accessing and/or using the Website in any manner whatsoever you indicate and confirm that your have read, understand and accept the GTCSU. Moreover, the Website forbids any underage person to register as a Customer and buy Products. Access to the Website by persons under the age of 18 years old shall be a breach of the terms of the GTCSU. If you do not agree to the GTCSU or are under the age of 18, you must refrain from accessing or using the Website.
It is herein explicitly stated that the Company shall solely provide online services through its Website as an intermediation platform, whose purpose shall be restricted to facilitating contacts (hereinafter referred to as the “Services”) between Customers, Trendsetters-Specifiers, along with Partners. Under no circumstances is or should the Company be considered a business involved in selling Products and provides no guarantee or warranty in respect of the quality of the products or their respective merchantability or fitness for their described purpose. The Company accepts no liability for Products and the Website shall not be deemed to be an e-commerce platform selling Products. Customers should review the terms and conditions relating to Products from the Partner directly. The Company shall receive online payments from the Customers on the Website, but shall only act as a go-between, and not as a selling entity, its one and only target being to make it easier and speedier for its Partners to step up the marketing of their Products.
The Company shall offer its Users (as defined below) access to a database, as well as the ability to contact the customer helpdesk through the Website (hereinafter referred to as the “Customer Support”).
The Company and Partner shall be legally bound by a partnership agreement (hereinafter referred as the “Agreement”) entered into by both Parties.
Users hereto acknowledge and declare having read and accepted the GTCSU before using the Website, that all negotiation were conducted in good faith and that at a pre-contractual stage they were provided with all necessary and useful evidence, so as to allow them to commit with full background knowledge, and that they exchanged between each other any information, which they might otherwise legitimately not have been aware of, likely to lead them to determine whether or not they were willing to give their consent. The Company may revise the GTCSU at any time in its sole discretion and such updated provisions shall take full force and effect (and be binding on the parties) from 5 working days of notice of such changes being provided to Users (or reasonable effects being made by the Company to do same).
1.5. Before using the Website in any way, Customers, Trendsetters-specifiers, together with Partners, must make sure that all the technical and computer equipment has been made available to them, so that they can start operating it and order the Products to be displayed on it, and that its browser allows for secured login to the Website. They must also ensure that the computer system and hardware to be made use of is in a proper state of repair, and the software is not infected by any virus.
2. IMPLEMENTATION ANDENFORCEABILITY OF THESE GTCSU
2.1. These GTCSU are intended to set out all the conditions and situations in which the Company shall reference and advertise such Products as made available by Partners to Customers through the Website, by using Trendsetters-specifiers to promote them. It follows that they apply to any Product order (hereinafter referred to as the “Order”) placed on the Website by a Customer.
2.2. Referencing and Showcasing Products
In order to display goods on the Website, the Company and Partner may get in touch with each other. For each partnership regarding the promotion of Products, the Company and Partner shall enter into a specific arrangement for Products to be referenced on the Website.
The Company shall enjoy ample freedom to select the Products available as per its marketing strategy, as well as its Customers’ needs. Irrespective of the circumstances, the Company may, in its absolute discretion, and without furnishing any reason whatsoever, withdraw a Product with two months’ notice sent to the relevant Partner by registered post with an acknowledgment-of-receipt form to this effect. Where a Product is defective, dangerous or the Partner has materially breached these terms, the Company may, acting reasonably, withdraw a Product with immediate effect on providing notice of the reason for doing so to the relevant Partner. In return, the Partner may decide to discontinue one or several Products with two months’ notice sent to the Company by registered post with an acknowledgment-of-receipt form to this effect. The withdrawal of any Product shall not relieve a Partner from its obligations to provide such Product. The provisions of the Agreement shall continue to apply until the full completion of the last order, even in the case such completion should occur after the end of the two-month notice period.
The Company and Partner may decide by joint agreement as to the duration of the notice period to be complied with before discontinuing a Product on the Website.
The Company and Partner may also determine by joint agreement the time frame of the Products’ referencing on the Website. The Company shall offer each and every Partner free referencing of its Products on the Website in order to achieve greater visibility for them. The Website and Partner shall enter into a distinct agreement for the Website to be compensated for promoting such Products.
Each and every Partner shall commit to complying with the relevant applicable European-Union regulations on all its Websites, and more specifically shall apply for the EU Certification of their Products. Packaging, delivery and after-sale service following any order by any Customer shall be taken care of by Partners in accordance with the provisions set out in the above-mentioned Agreement entered into ay both parties.
For each and every of their Products to be referenced on the Website, Partners shall commit to providing precise contact details – email address + phone number + postal address – so as to allow to get in touch with them. For each and every Product, Partners may produce special marketing material or a description of some sort. On Partners’ request, the Company may assist them in writing out a product description.
The Company shall commit to crediting Partners by means of PayPal bank transfers with the amount of money earned on sales after deducting from the price paid for the Products the Website’s commission in percentage points. Bank transfers shall be proceeded with on a monthly basis on the day agreed on by the Website and its Partners. The latter shall also receive recaps of all sales made during the month.
2.3. Final Pricing & Commissions
Products shall be displayed by the Company on the Website and their respective selling price shall be quoted inclusive of applicable taxes and in Euros (€) – (hereinafter referred to as “Pricing”).
Should a Customer not be a eurozone resident and therefore not have a current bank-account in Euros, his or her bank, or the alternative payment gateways suggested below, such as PayPal or MangoPay, may charge him/her percentage points as their currency-exchange commission, in addition to applying the current rate of exchange from the Euro to the Customer’s foreign currency, depending on their respective policy. The Company shall have no liability in respect of any applicable charges.
Partners’ sales of Products are aimed at individual consumers and are therefore eligible to VAT for purchases made within the European Union. The applicable VAT rate shall be determined by the country informed in the Customer’s shipping address, the Customer’s geolocation and the Partner’s registration to VAT in the recipient country.
Partners should be aware that selling Products in a country belonging to the European Union different from their country of residence may entail further obligations in terms of VAT, and in some instances, may trigger legal reporting obligations such as those implemented by the Intrastat reporting system.
Partners shall undertake to seek the necessary information related to the regulations in effect and to put their best effort into setting up their marketing strategies in the relevant state with due speed and diligence.
So as to comply with the regulations in force, Partners must register for VAT in each and every state where taxable sales might occur.
The Company shall in no way whatsoever be held liable for its Partners’ non-compliance with the regulations in force, as Partners declare hereby to waive any right of action in this regard.
In every single instance of an Order being placed by a Customer of one of the Products put on sale by a Partner on the Website, the Company shall be paid with tax-inclusive fixed percentage points per sale of the sales price excluding taxes (hereinafter referred to as the “Company Commission”).
The Company Commission shall include all taxes and duties and shall be calculated on the price of the Product exclusive of all such taxes and duties.
On the last day of every month, the Company shall send to Partners a recap of all sales made in that month.
Partners shall then issue valid invoices amounting to the Price of the Product(s) ordered by the Customer(s) in that month, after deducting the Commission to be paid to the Company.
The Company shall proceed with the payment of said invoice to Partners by means of a PayPal bank transfer as of the fifteenth (15th) of the following month, and within a deadline of seven (7) working days, either Party having to pay separately for any expenses incurred.
Should a Partner have failed to supply to the Company the PayPal account details necessary to proceed with the money transfer, or should said Partner have provided to the Company invalid or inaccurate PayPal account details, or should said Partner’s PayPal account have been put on hold for any reason whatsoever and/or should it be unable to receive credit transfers from the Company, said Partner shall in no case be able to sue the Company, and thereby commits to taking appropriate and immediate action to remedy the issue, at its own costs, if any.
Selling Products on the Website shall not incur extra costs and Customers shall only pay the final amount for the Product resulting from usual Pricing. Purchases through the Company might be made against the same, lower or higher values as the price usually quoted on Partners’ websites, if they have one, or as offered to the general public.
Partners and the Company shall commit to discussing on a regular basis the organization on the Website of promotional events of all kinds, such as, among others, contests, special offers, discounts, etc.
Should a Partner organize promotional and marketing campaigns – which include, but are not limited to, prizes, discounts, gift certificates, rebates, loyalty programmes, prize games, special offers, sales, etc.) for resident Customers of a country, who order Products by any other means but the Website, said Partner is allowed to organizing the same promotional events over the same period of time and in the same country for the attention of those Customers who place Orders for its Products through the Website.
Partners shall be held liable for any controversy, dispute or claim related to a Product or accessory to be used with it. By referencing their Products on the Website, Partners commit to responding within a binding deadline of seven (7) days, so as to, at least, acknowledge receipt of a Customer’s complaint, prior to finding an adequate resolution.
2.4. Relationship with Trendsetters-Specifiers
The uniqueness of the Website lies in the opportunity it offers individuals, whether these are Customers or not, to become Trendsetters-Specifiers in order to recommend the Products offered by Partners on the Website to other individuals.
Individuals can apply by registering to the Company’s private referral system at www.recohero.tapfiliate.com.
When submitting their applications, Trendsetters-Specifiers shall agree to be bound to the Company’s GTCSU and to agree to Tapfiliate’s Terms of Service in order to promote the Website and recommend Partners’ Products to other individuals or client peers, against financial compensation for each sale that will come through their referral.
The Trendsetters-Specifiers are entirely responsible to register themselves to the relevant authorities in their countries of taxation and legal residence and to register themselves to the legal status of their choice depending on their country’s regulations.
Whatever the legal status applied for, Trendsetters-Specifiers must enquire about the applicable commercial, fiscal and social legislation and commit to completing all of the relevant paperwork required to have access to this business and report the income earned through their Trendsetter-Specifier services in their country of residence for tax purposes.
The Company shall not be held liable should Trendsetters-Specifiers not deliberately comply with the rules and regulations in force.
In order to have their applications approved, Trendsetters-Specifiers must confirm their email addresses and inform a valid PayPal account in their own name, within thirty (30) days. Should the case arise, the Company may reserve the right to suspend Trendsetters-Specifiers’ accounts and restrict their services, along with all the benefits they had gained or helped third parties to gain by registering on the Website.
Trendsetters-Specifiers shall be considered to have been “active” over the on-going month (hereinafter referred to as the “Active Trendsetters-Specifiers”) if the added monthly sales that have come through their referral (hereinafter referred to as the “Monthly Personal Sales” or “MPSs”) amount to a minimum of €100.00 all taxes included.
This is solely an indication of a goal to set themselves and it is herein explicitly stated that a Trendsetter-Specifier shall by no means be bound to reach this goal as an obligation to produce results.
2.4.2. Trendsetter-Specifier Compensation
The Trendsetter-Specifier status shall therefore allow individuals to be paid percentage points of the price of each order placed on the Website that will have come through their referral (hereinafter referred to as the “Commission”).
Such Commission shall amount to ten per cent (10%) – inclusive of all taxes – of the Order’s before-tax (excl tax) price.
When applying as Trendsetters-Specifiers, applicants will be given a unique personal referral link (hereinafter referred to as “HeroLink”) which will allow them to be paid Commissions on their Customers’ Orders, without omitting to provide such link to their Customers while recommending Products.
Potential Customers who click on the HeroLink will redirect to the Website, Commissions will be automated and make the follow-up and management of Trendsetters-Specifiers’ business easier on the Trendsetter-Specifier portal.
The referral information is kept in the cookies in the Customer’s browser, which allows Trendsetter-Specifier to receive a Commission whenever the Customer purchases another Product on the Website at any time, provided that the Customer:
- uses the same computer
- uses the same browser
- does not delete his browser’s cookies
- does not use another Trendsetter-Specifier’s link
The Company will not be held responsible if ever a Commission related to a Customer’s purchase made on the Website is not credited as a Trendsetter-Specifier’s account, the Trendsetter-Specifier, Customer or Partner cannot pursue the Company in this effect.
A Customer shall therefore become the respective Trendsetter-Specifier’s personal client (hereinafter referred to as the “Personal Customer”).
A Trendsetter-Specifier shall therefore become the respective Customer’s personal advisor (hereinafter referred to as the “Advisor”).
A Customer may have an unlimited number of Advisors and a Trendsetter-Specifier may have an unlimited number of Personal Customers.
If a Customer does not receive any recommendations from a Trendsetter-Specifier, he or she may choose not to have an Advisor.
The total added amount of all a Trendsetter-Specifier’s Commissions shall be calculated on a monthly basis at the end of each month and credited to said Trendsetter-Specifier’s PayPal account, as of the fifteenth (15th) of the following month and within a deadline of seven (7) days, provided said Trendsetter-Specifier has duly sent valid PayPal account details. Should he/she have failed to do so, the Company shall not be held liable for any resulting delayed payment or non-payment.
Trendsetters-Specifiers must testify to the Company that they do have a non-frozen current PayPal account, free of any block – and more specifically of one arising from a notification issued by a public administration – and enabled to receive payments from abroad.
The Company also commits to providing Trendsetters-Specifiers with monthly and yearly recaps of the commissions earned by post and/or by email, so as to help them to declare their income.
The Company reserves the right to suspend or cancel the release and/or payment of a Commission, whatever its nature and the time frame for its release, in case the Customer has not paid, or only partially paid, any amount of money owed by the Customer to the Company, in the event of payment incidents, in the event of exercise of right of a return by the Customer of the Order or a Product, or in the event of fraud or attempted fraud as regards the use of the Website and payment of an Order.
Discounts And Gift Certificates
When placing their first Orders on the Website, Customers shall be granted an inclusive-of-all-tax-€5.00 discount on the total price inclusive of all taxes of the Products in these said first Orders placed on the Website, valid on the Website only and for the whole range of Products displayed.
If a Trendsetter-Specifier has made a minimum amount of 1 successful referral in a calendar month, said Trendsetter-Specifier shall also receive an internal inclusive-of-all-tax-€5,00 Gift-Certificate, valid for the Trendsetter-Specifier’s next Order placed on the Website only, and for the whole range of Products displayed.
Gift-Certificates are not cumulable and enable a discount on the total amount of an Order, excluding shipping costs.
2.4.3. Management Portal
The Company shall provide secured access to a management interface into which Trendsetters-Specifiers will be able to log by entering their respective email address and password set during the registration process, allowing them to view and edit their personal data, view their Referrals, and follow-up their Commissions earned (hereinafter referred to as the “Trendsetter-Specifier Portal”).
Trendsetters-Specifiers are advised to keep themselves updated on a regular basis, through the above-mentioned Trendsetter-Specifier Portal, regarding the Orders placed by their Customers and the Commissions they will have earned.
Trendsetters-Specifiers shall also be able to get in touch with the Company’s customer-support through internal and secured messaging available on the Website.
Trendsetters-Specifiers must use the Trendsetter-Specifier Portal with utmost diligence, integrity and professionalism, in so far as some of the information displayed on the Portal is related to their Personal Customers’ individual data provided while ordering on the Website.
2.4.4. Fees Charged to Trendsetters-Specifiers
Registering as a Trendsetter-Specifier is free, just like the use of the Website and Trendsetter-Specifier Portal.
2.4.5. Trendsetter-Specifier Independence
Trendsetters-Specifiers shall deliver their recommendations in accordance with the code of good practice, and are expected to have sufficient autonomy to operate independently. The Company may not impose any quota or sales limits, nor any sales targets, hourly obligations or their physical presence at the Company’s offices. Trendsetters-Specifiers must neither subcontract their services nor assign to third parties all or part of their rights or obligations resulting from these GTCSU without the Company’s prior written consent.
The Company shall undertake to make every effort to assist Trendsetters-Specifiers in complying with their commitments and must allow enough flexibility for Trendsetters-Specifiers to carry out their assignment in the best conditions as could be.
Finally, in pursuance of the paragraphs above, the Company may not exert authority as regards what steps to be taken by Trendsetters-Specifiers in the implementation of its recommendations as defined in these GTCSU.
Conversely, Trendsetters-Specifiers must respect the ethical, social and economic rules set out in Article 2.4.7. entitled “Obligations, Disputes and Sanctions RegardingTrendsetters-Specifiers”.
The Company reserves the right to close an account and/or suspend access to it, temporarily or permanently, if Trendsetters-Specifiers are in violation of any law in force, these GTCS or any other terms, conditions, guidelines or policy set out by the Company.
2.4.6. Support and Assistance from the Company to Trendsetters-Specifiers
The Company shall commit to providing free-of-charge technical and practical assistance to Trendsetters-Specifiers in commercial and social matters. Trendsetters-Specifiers may take part in the events and training sessions organised by the Company with the aim of networking and improving their knowledge with a view to extending their business and working their way up within the organisation.
2.4.7. Obligations, Disputes and Sanctions Regarding Trendsetters/Specifiers
Trendsetters-Specifiers shall undertake to comply with these GTCSU, as well as with any further rules set out by the Company.
It shall be deemed a duty for Trendsetters-Specifiers to make themselves familiar and keep scrupulously updated with Products and Partners, along with how the Website works, before recommending any Products to Customers.
Trendsetters-Specifiers shall also undertake to ask the Company for information related to Products, Partners, together with the operation of the Website, in case this could help them in their business or in the event of any doubt on specifications deemed as essential.
Each and every Trendsetter-Specifier may be automatically banned, dereferenced and/or suspended from the Website, temporarily or permanently, in the Company’s sole discretion and without cause:
- if he or she does not comply with the rules laid down by the regulations in force, and in particular with the provisions of the consumer protection law, along with any laws and Regulations directly or indirectly related to the Company’s business proposal;
- if he/she does not abide with the Company’s ethical, moral and self-imposed responsibility rules, in particular those set out in explicit words in the Direct Selling Code of Ethics;
- if he/she behaves aggressively in the course of his/her selling business with potential Customers, especially if he/she lends himself/herself to such abusive selling practices and manoeuvring as reprimanded by the consumer protection law;
- if he/she has an aggressive behaviour and/or speaks in derogatory words about the Website and/or the Products, as well as the Company and/or Partners on social media or any other means of communication;
- if he/she disparages Products, Partners, the Company and/or the Website, and is thus detrimental to them by any means and in any form.
It is thereby clearly stated that although the Company is not a direct sales company, it strongly recommends that Trendsetter-Specifier should go about their business by abiding to the same professional and moral rules as those set out in the Ethical Code of Direct Sale.
In the event of a dispute between a Trendsetter-Specifier and a Personal Customer, caused by on-purpose sharing of information, fraudulent manoeuvre or misuse of the services set up by the Company, only the Trendsetter-Specifier and/or the Customer may be held liable in their own names, and in no case as representatives of the Company.
In the event of a conflict relating to the quality of Products and their specifications, only the respective Partner may be liable.
Whatever the origin of the issue, the parties must attempt to find an amicable solution to the matter before starting any legal proceedings.
- Customers hereby declare to have acknowledged and accepted these GTCSU before submitting their Orders on the Website.
- Consequently, the validation of their Order is worth acceptance as of these GTCSU, which shall be regularly updated, the applicable ones being those in force on the Website on the date the Order is placed. Customers will be kept informed of changes to these GTCSU by any means.
- Any condition to the contrary posed by Customers shall therefore, unless expressly accepted, be deemed null and void to the Company, whenever it may have been brought to its knowledge.
- The mere fact that the Company does avail itself at one time or another of any provision of these GTCSU shall not be interpreted as a waiver to avail itself of any one provision of these GTCSU at a later date.
3. ORDERING PRODUCTS ON THE WEBSITE
3.1. The Products for sale shall be described and presented with as much accuracy as possible by Partners. It is made clear that Partners, Customers and Trendsetters-Specifiers using the Website should be fully aware that the Website cannot be held responsible for the reliability of the description made of a Product as compared with its actual performance. The Company cannot in any way be held liable for any false or deceitful description provided on purpose by a Partner, or ill-advised recommendation of a Trendsetters-Specifier.
3.2. The Company reserves the right to edit the content of the Website at any time.
3.3. A Customer must be registered on the Website in order to successfully submit any Order, together with the personal information required when registering on the Website.
3.4. Customers shall select the Product(s) they wish to buy, by clicking on the “Add to Cart” button provided for this purpose on the Website, and may have access at any time to the summary of their Orders (hereinafter referred to as the “Orders”) by clicking on “Account”.
3.5. The Cart shall display the details of the Product(s) selected by the Customer as well as prices including all tax and/or additional costs, such as delivery charges (if a complete shipping address has been informed by the Customer) for the Product(s) in the Order. Customers will be able to change their Orders and correct any possible errors, before proceeding with the submission of their Orders.
3.6. After submitting their Orders, Customers must enter their contact details for them to be sent the invoice of the Product(s) ordered, along with the relevant delivery postal address, should it be different from the one on the account. The delivery process for the Product(s) is described in Article 5 of these GTCSU.
3.7. After Customers have checked their billing and delivery details by ticking the appropriate box if required to do so, Customers shall proceed with the payment of their Orders as specified in the articles below of these GTCSU.
3.8. After acceptance of these GTCSU, successful submission of the Order and confirmation of payment, the order-form shall validly be issued by the Partner(s) to said Customer, which they thereby irrevocably agree not to dispute. The Company may provide the order-form in digital and/or paper format upon request by the Parties.
3.9. The Company shall then send an Order confirmation to said Customer through an email including the elements quoted in the Order summary, together with the billing address and, if applicable, delivery address entered. The Company shall also send a notice of Order to the Partner.
4. PRICING AND ORDER PAYMENT PROVISIONS
4.1. Product prices shall be quoted on the Website in the product descriptions, in Euros and inclusive of all taxes.
4.2. Should the sale involve the payment of customs duty, these shall be borne by the Customer according to the “Delivered at Place” (DAP) INCOTERM.
4.3. The total amount shall be quoted in the Order summary, before Customers enter and confirm their billing and, if applicable, delivery details, accept these GTCSU, submit their Orders, and proceed with the payment. Such total amount shall be displayed inclusive of all taxes.
4.4. Orders of Products on the Website shall be paid in Euros. The whole payment must be made on the day the Order is placed by the Customer by credit card, unless special sales conditions have expressly been agreed on by the Customer and the Company.
4.5. In the event of a payment by credit card, the Website suggests Customers should use Paypal’s security system – PayPal Europe SARL & Cie, SCA 22-24 Boulevard Royal, 5th floor, 2449 Luxembourg – a financial service provider specialised in secure online payment, which is done via Secure Socket Layer or “SSL”. This solution guarantees Customers complete confidentiality and integrity of their banking details. Banking transactions by credit card, carried out between Customers and the secured payment system are therefore fully encrypted and protected, which means that the data related to said Order and the credit-card number cannot be obtained through Internet connection. Customers’ bank details shall not be stored by the Company. Customers hereby agree that the Company shall retain their PayPal ID for subsequent Orders. Customers are not required to have a PayPal account to pay for the Order. On the PayPal.com payment gateway, there is an option for non-PayPal.com-account owners that Customers may use. The Website shall NOT, under any circumstances, be held liable on behalf of Paypal.com’s payment platform for the outcome of any misuse by Customers, nor for such payment gateway being down, should this happen. The Order amounts shall immediately be withdrawn from Customers’ accounts.
4.6. In the event of a payment by credit card, the Website also offers Customers to pay directly on the Website using Stripe.com’s security system, a provider specialised in securing online payment, which uses the Secure Socket Layer or “SSL” protocol. This solution guarantees Customers complete confidentiality and integrity of their banking details. Banking transactions by credit card, carried out between Customers and the secured payment system are therefore fully encrypted and protected, which means that the data related to said Order and the credit-card number cannot be obtained through Internet connection. Customers’ bank details shall not be stored by the Company in its computer database. Customers hereby agree that the Company shall their banking details for subsequent Orders. The Website shall NOT, under any circumstances, be held liable on behalf of Stripe.com payment platform for the outcome of any misuse by Customers, nor for such payment gateway being down, should this happen. The Order amounts shall immediately be withdrawn from Customers’ accounts.
4.7. When submitting their Orders, Customers warrant to the Company that they do have the required authorisations to use the chosen payment method.
4.8. The Company reserves the right to suspend or cancel the completion and/or delivery of an Order, regardless of its nature and time frame in its sole discretion, including but not limited to an event of non or partial payment of any amount of money due by the Customer to the Company, in the event of any other payment incident, fraud or attempted fraud related to the use of the Website, as well as the payment of a prior Order.
4.9. The Company shall not be held responsible either if the non-receipt of Products is the result of a Partner’s non-compliance, a third party’s interference without him/her being aware of it, or in the event of theft.
4.10. In the event of an Order being returned to the Partner due to the absence of the Customer, the Partner’s customer support shall contact the Customer directly to agree together on the instructions for a second delivery at said Customer’s own expense.
4.11. Partners must supply to the Company the tracking numbers of Customers’ Orders as soon as they are informed of the latter, via the secure portal set up by the Company for Partners (hereinafter referred to as the “Partner Portal”).
4.12. Customers will be able to follow up the delivery of their Orders in the Order summary shown on their personal accounts on the Website.
5. DELIVERY OF ORDERS
5.1. Partners shall ensure that the Product(s) ordered are delivered to Customers. After confirmation by a Customer of his/her Order of Products on the Website, the relevant Partner is notified by email, as well as on the Supplier Portal and said Product(s) is/are then automatically withdrawn from the available stock on the Website.
5.2. Partners shall commit to complying with the Order preparation and Product packaging procedures as jointly laid down together with the Company and previously negotiated in the Agreement. Partners are liable for damages, should the packaging be improper or not conform with the aforementioned packaging policy.
5.3. Partners warrant and undertake for Products to be:
(A) of satisfactory quality and in strict compliance in terms of quantity and quality with the Products ordered;
(B) in strict compliance with all the features and specifications quoted by the respective Partner on the Website;
(C) conform with all applicable legal and regulatory requirements – including the EC standard;
(D) free of defects in design, production and/or manufacture within two (2) years after receipt by the buyer of the Product(s). Should this not be the case, the replacement or refund of the price of the Product(s) shall be borne by the Partner as provided for in the Agreement.
5.4. Partners undertake to successfully complete the Orders placed by Customers within the deadline mentioned on the Product’s data sheet upon receipt of the Order notice from the Company. Delays in delivery may entail damages for the Partner to the Company’s benefit.
6. CUSTOMER SUPPORT
6.1. For any information request, clarification or any complaint related to Products or deliveries made to the relevant Partner, a Customer must first approach the contacts quoted on the form provided for each Product by said Partner, or alternatively the contacts mentioned in the Partner’s profile to be viewed on the Website. In the event they do not reply, he/she may contact the Company’s Customer Support, so as to enable the Company to seek a solution and solve the matter. The Company shall not be held liable for any failure from the Customer to get in touch with said Partner. The Company declines all responsibility for Customers’ claims as regards Products, deliveries and Partners.
6.2. For any information request, clarification or any complaint related to the use of the Website, to payments made on it, Customers, Trendsetters-Specifiers or Partners are required to seek assistance solely from the Company’s Customer Support first. The Company shall commit to using all the necessary and available means to ensure that Customers, Trendsetters-Specifiers or Partners the best possible experience on the Website. The Company shall not be held liable for any claims by Customers arising from their deliberate misuse of the Website, their failure to comply with these GTCSU or the rules set out by the Company, or any deliberate action from a Customer to obtain financial compensation from the Company.
6.3. The Company’s Customer Support may be contacted between 10.00 am and 5.00 pm (GMT + 1), from Mondays through to Saturdays, using one the following:
– telephone number: +353 76 680 5155;
– email address: email@example.com ;
– postal address: RECOHERO, The Liffey Trust Enterprise Center, 117-126 Sheriff Street Upper, Dublin, D01 XY93, IRELAND.
7. LEGAL AND TRADE SAFEGUARDS
7.1. The Company shall connect Customers and Partners through Trendsetters-Specifiers. The Company acts as an intermediary and not as a vendor, its sole target being to make it easier and speedier for its Partners to step up the marketing of Products.
7.2. All Products referenced by the Company are subject to consumer law including the strict provisions of the Defective Products Act 1991. To the extent possible, the parties agree that the Partner’s terms and conditions will govern the claims / disputes / issues in relation to the Products provided by the Partners.
7.3. Nothing in these Terms shall limit or exclude the Company’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by law as to title;
(d) defective products under the Defective Products Act, 1991; or
(e) any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
7.4. Subject to Article 7.3 of these GTCSU:
(a) the Company shall under no circumstances whatsoever be liable to the Users whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) the Company’s total liability to the User in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 50% of the price of the Products, or €100, whichever is the lesser.
7.5. Certain content, products and services available via the Website may include materials from third-parties. You acknowledge and agree that the Company provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. The Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Third-party links on this site may direct you to third-party websites that are not affiliated with us. The Company is not responsible for examining or evaluating the content or accuracy and they do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8. OBLIGATIONS OF USERS
8.1. All Users must commit to complying with these GTCSU.
8.2. Users hereby agree to use the Website in a manner consistent with the Company’s instructions at all times as well as the GTCSU, and do so with Products in accordance with the instructions supplied by Partners.
8.3. Users hereby testify that they shall sign into the Website only for private use, pursuant with these GTCSU. In this respect, Customers agree to refrain from:
– using the Website in any illegal way, for any illicit purposes or in any way incompatible with these GTCSU;
– selling, copying, reproducing, renting, lending, distributing, transferring or sublicensing all or part of the content shown on the Website; or decompiling, reverse engineering, disassembling, modifying, displaying in user-readable form or attempting to break any source code; or using any software that would activate or include all or part of the Website;
– attempting to obtain unauthorised access to the Website’s computer system or engaging in any activity likely to be disruptive, degrading or interfering with the performance or impairing the functionality of the Website;
– attempting to obtain, whatever the means used, access to the Company’s and other Users’ personal and/or professional data;
– using the Website for abusive purposes by deliberately introducing viruses or other malware, and attempting unauthorised access to the Website;
– infringing the Company’s intellectual property rights;
– disparaging the Website and/or Products and the Company and Partners on social media and any other means of communication.
8.4. If for any reason, the Company is led to suspect that a User fails to comply with these GTCSU, the Company may at any time, in its sole discretion, remove his/her access to the Website and take all necessary measures, including any civil and criminal legal action against him/her.
9. CONSUMER RIGHT OF WITHDRAWAL AND LACK OF CONFORMITY
9.1. Pursuant to consumer protection law,Customers can return any Product within fourteen (14) clear days as of the receipt of the said Product ordered on the Website in which to exercise his/her right of return with the Company and Partner shown on the Website without giving a reason therefor or incurring a penalty.
9.2. To exercise his/her right of return from the Order, said Customer must notify his/her decision to return by means of an unambiguous statement, without having to account for it. A return-form is available on the Website for Customers to fill in in the “Account” – “Orders” page. Once completed, such return-form serving as the decision to return will be reviewed by the Company and relevant Partner. Whatever the form of notification, the Company shall send him/her without delay an acknowledgment of receipt of his decision to exercise his/her right of withdrawal by email.
Customers may notify the Company of their decision to exercise such right by any means, including by sending the return-form to the Company by post at the following address: RECOHERO, Products Returns Office, The Liffey Trust Enterprise Center, 117-126 Sheriff Street Upper, D01 XY93 Dublin, IRELAND, by emailing it to firstname.lastname@example.org or by notifying the Company by clicking on “Return” in the “Account” – “Orders” page on the Website, provided the Order is completed and the Customer is logged in.Once received, such return-form serving as the decision to return will be reviewed by the Company and relevant Partner. Whatever the form of notification, the Company shall send him/her without delay an acknowledgment of receipt of his decision to exercise his/her right of withdrawal by email.
9.3. Customers must return the Product(s) in the same condition as that in which it/they was/were received, and with all packaging, accessories and user manual(s) (even if the Product(s) has/have unpacked), as quickly as they possibly can and at the latest within fourteen (14) days of the notification of the withdrawal decision, to the address provided by the Partner on the description attached to each Product.
9.4. Customers are kindly requested to state the reason for return/withdrawal, so as to help the Partner and the Company to improve their service. In the event of a Customer’s withdrawal, the Partner shall have to refund the Company within seven (7) clear days as of the receipt of the withdrawal form. The refund of the total amount of the purchase will be made by the Company by way of a bank transfer to the Customer’s bank-account within fourteen (14) days from the date the Company was informed of the Customer’s decision to withdraw his/her its Order. In any case, this refund shall not incur any penalties for the Customer, eligible for a refund of the total paid price for the returned Product, provided the return request is accepted by both the Company and the Partner.
In such an instance, the order-form shall be deemed void and the Commission earned by the Trendsetter-Specifier shall be cancelled, along with any other related commission.
In some cases, the Customer can be reimbursed for the shipping costs related to the return of a Product. Should the Customer receive the Product damaged, broken or with any technical default, the said shipping costs will be paid by the Partner selling the said Product. The reimbursement to the Customer by the Company will take place after validation of the damage by the said Partner. The Partner reimburses the same amount to the Company.
9.5. In accordance with consumer protection law, said Customer is hereby informed that his/her liability towards the Partner shall be involved only in case of a depreciation of the Product(s) returned to exercise of his/her right of withdrawal resulting from mishandling other than the handling necessary to assess the nature, feature and proper functioning of such goods.
In the event of a complaint from a Customer having bought a Product on the Website questioning the conformity of said Product that does not match with to the Order placed, or stating defects in design, production and/or manufacture within at least twelve (12) months from receipt of the Product by the Customer, he/she may request repair, replacement or a refund of the Product by the Partner.
9.6. Partners shall, in accordance with the option shown by the Company on its Website, either replace the Product, or if it proves possible, repair it at their own costs and expenses.
9.7. Should the Product be repaired or replaced, another twelve (12) months’ guarantee shall run as of the delivery of the repaired or replaced Product. Partners shall be in charge of delivering the new or repaired Product in compliance with the provisions of Article 5 et seq. of these GTCSU.
9.8. Should the returned Product no longer be available, the Partner shall have to refund to the Company the amount charged for the Product within seven (7) days as of the receipt of the Product by the Partner. The refund of the total amount of the purchase will be made by the Company by same way used by the Customer when purchasing the Product within fourteen (14) days from the date the Company was informed of the Customer’s decision to return the Product for lack of conformity. In any case, this refund shall not incur any costs for the Customer.
In such an instance, the order-form shall be deemed void and the Commission earned by the Trendsetter-Specifier shall be cancelled, along with any other related commission.
10.1. In no event shall the Company be held liable for any breach or improper performance in all or part in respect of the services and obligations of the parties provided for in the Agreement whether attributable to Partners, Customers, Trendsetters-Specifiers, or the unpredictable and insurmountable interference of a third party unrelated to the Agreement; or to a case of force majeure or for the Products. More generally speaking, if the liability of the Company was nevertheless incurred, it would under no circumstances accept to indemnify the Customer for indirect or consequential damages, or whose existence and/or quantum could not be established by evidence. Furthermore, in the event that the Company is found liable, the Company’s liability for any claims in contract, tort (including negligence) or otherwise, for any loss or damage, arising out of, or in connection with the GTCSU or otherwise shall not exceed the sums paid by the Customer without exception. The User shall defend, indemnify and hold harmless the Company against claims, actions, proceedings, for any claims in contract, tort (including negligence) or otherwise, for any loss or damage, arising out of, or in connection with the GTCSU or otherwise.
10.2. The Website may contain links to other web pages not published or controlled by the Company, which shall not be held liable for the operation, content or any element on display or obtained through such web pages.
10.3. Any placement of such hypertext links or reference to any information, articles or services provided by a third party, including but not limited to banner ads, paid links, pop-ip windows, buttons and so forth, cannot and should not be interpreted as express or implied endorsement by the Company of such web pages and of their content.
10.4. The Company shall not be responsible for the availability on line of such web pages and can neither control its content, nor validate the advertising, products and other information disseminated on those external web pages.
10.5. It is explicitly stated that the Company shall in no event be held liable in any way whatsoever should Users’ computer or electronic messaging systems reject, for instance as a result of an anti-spam piece of software, the emails sent by the Company, including, but not limited to, the copy of the payment receipt, Order summary and status, as well as the shipment-tracking email, Order-form, Recommendation confirmation or Order notice.
10.6. Users are hereby made fully aware of the provisions of this article, and in particular of the aforementioned guarantees and limitations of liability, which are essential terms without the securing of which the Company would not have entered into the Agreement.
11. PERSONAL DATA, COOKIES AND SECURITY
The Website shall gather information regarding its Users.
11.1. The Company strongly believes that privacy is crucial and shall take all useful measures to ensure the confidentiality and security of Users’ personal data. It will retain cookies from the Website recovered by computer, tablet and smartphone browsing for 13 months.
11.2. In connection with the supply of Products, the Company will collect Users’ personal information, and in particular the following data:
– their email addresses;
– their first names;
– their surnames;
– their postal and delivery addresses;
– their dates of birth;
– their country;
– their passwords;
– their consumption data;
– their bank details (Order and Commission payments).
11.3. To this end, the processing of Users’ data is registered with the Data Protection Authority of Ireland.
11.4. The Company collects and processes its Users’ personal data only for the purposes listed below:
- the provision of Products and Services on the Website;
- the management of Orders;
- the management of returns, exercise of the right of withdrawal, payments and billing;
- the viewing of information regarding the Company, its Services and business;
- responding to any questions/complaints from Customers;
- producing statistics;
- the management of requests regarding the rights of access, rectification and opposition;
- the management of arrears and litigation.
11.5. The data relating to the management of Users’ personal information shall be retained for such period as is strictly required and as defined by the Data Protection Acts 1988 – 2003 (as same may be amended from time to time).
11.6. Users’ personal data shall be processed by the Company’s commercial department, as well as its Partners and subcontractors.
11.7. The Company may also disclose personal data in order to cooperate with administrative and judicial authorities.
11.8. The Company shall ensure that Users’ personal information is adequately and appropriately safeguarded, and that it has taken the necessary precautions so as to preserve the security and confidentiality of the data, and in particular to prevent it from being distorted, damaged or communicated to unauthorized individuals.
11.9. Users’ Obligations
- Users hereby acknowledge that the personal data supplied by them is valid, up to date and adequate;
- Users shall commit to not infringing the privacy, image and protection of any third party’s personal data, and thus shall not provide to the Company any third party’s private data without its prior consent.
11.10. Users are hereby informed that the Website’s hosting-service provider is required to keep the following for a retention period of one year from the day of the creation of such content, for each operation contributing to the creation of new content:
- the user identification credentials used for logging in and making the communication;
- the identifier assigned by the information system to the content which was the object of the operation;
- the data related to payments made by electronic methods;
- the types of protocols used for logging into the service and for the transfer of content;
- the nature of the operation;
- the date and time of the operation;
- the user name of the person who performed the operation, in case he/she provided it.
11.11. In the event of the cancellation of the contract or the closure of the account, the hosting provider must also keep for a one-year period from the day of termination of the contract or the closure of the account, the information provided at the time of the subscription of a contract by said User or when creating an account, namely:
- at the time when the account was created: the connection identifier used;
- the name and surname or company name;
- the data related to the payments made by electronic methods;
- the associated postal address(es);
- the user name(s) used;
- the associated email or account address(es);
- the telephone number(s);
- the password, as well as the data enabling to verify or modify it, in their latest updated version.
11.12. Each and every computer connected to the Internet has an IP address. As soon as a User starts browsing the Website, the Company collects the User’s IP address in order to analyse the traffic on the Website and control said User’s browsing activity on the Website, in order to ensure that the former does not take any action likely to infringe the GTCSU in their version displayed on the Website.
11.13. Finally, Users have the right to access, rectify or delete their personal data, and also have the right to object to the processing of their collected data by the Company on legitimate grounds, and should directly get in touch with the Company at the following email address: email@example.com.
11.14. Cookies and statistical tools
11.14.2. Users going to the Website’s landing page shall be informed of:
- the precise purposes for storing the cookies used;
- the possibility for them to reject such and such cookies, and to change their settings by clicking on a link shown in the banner;
- as well as of the fact that continuing to browse the Website entails acceptance for cookies to be installed on their terminals.
11.14.3. In order to guarantee the free, informed and unequivocal consent of the User, the banner will not disappear until he /she has not carried on browsing the Website.
11.14.4. Unless the User has given his/her prior consent, cookies shall not be installed and the information collected not be processed:
- if the User browses the Website – on the landing page or directly on another page of the Website – and discontinues his/her browsing: a simple lack of action from the data’s subject cannot be deemed as expressing his/her own free will;
- or if he/she clicks on the link displayed in the banner allowing him/her to select the cookie settings and, should this be the case, he/she denies this storing operation.
11.15. Safety & Security
11.15.1. Users shall undertake not to compromise the safety and security of the Website. To this end, they hereby commit to refraining from accessing the Company’s information system and remaining in it fraudulently. Users must not interfere with or hinder the Company’s information system either.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. The Website shall be operated by the Company, but belongs to the Irish company RECOHERO HI LIMITED, a private company limited by shares (LTD) under Irish law, registered as a “Private Company Limited by Shares” with the Companies Registration Office Ireland (Dublin) under number 577431, and with headquarters located at The Liffey Trust Enterprise Center, 117-126 Sheriff Street Upper, Dublin D01 XY93, IRELAND
The word mark “RECOHERO” (hereinafter referred as to as the “Verbal Trademark”) and the figurative and non-verbal mark used as a logo (hereinafter referred as to as the “Figurative Trademark”), both used by the Website and the Company, are owned by Monsieur (M.) Ambroise de La Gorce. The Verbal Trademark and Figurative Trademark holder shall grant an exploitation right to the Company to exploit such Website. The Verbal Trademark is reserved to Europe under Community deposit number 015437866. The Figurative Trademark is reserved to Europe under European Community deposit number 016950057.
12.2. No title or right whatsoever to any element or software shall be obtained by downloading or copying elements of such Website. It is strictly forbidden for Users to reproduce, publish, edit, transmit, distribute, display, remove, delete or add anything to such Website and the elements and software contained therein, nor is it allowed to modify or perform any work whatsoever by taking them as a model, nor sell through such Website, the elements contained in it, nor any software relating thereto.
12.3. Any use by the Website’s Users of the corporate names, trademarks and distinct signs belonging to the aforementioned persons is strictly prohibited, unless the Company has given its prior express consent. Users may therefore be prosecuted by the Company for doing so.
13. INSTANT MESSAGING AND EMAILING
13.1. By registering on the Website, Users shall expressly give their consent for the Company to update them through instant plain text or multimedia messages, newsletters or any electronic form of communication, while still being able to adjust the frequency and manage the type of messaging themselves.
13.2. For each of the mailings, the Company shall offer in the body of the text message the option to unsubscribe from the mailing list. By registering on the Website and entering their contact details, Users agree to receive electronic and/or postal commercial offers from the Company.
14. GOVERNING LAW AND ALLOCATION OF JURISDICTION
14.1. These GTCSU shall be governed by and interpreted in compliance with Irish law without regard to the conflicts of law principles thereof.
14.2. In the event of a dispute arising from the interpretation of and/or compliance with these GTCSU or in connection with them, a User may decide to submit the contentious matter with the Company to arbitration proceedings or any other alternative means of dispute resolution in Dublin, Ireland. Any disagreement which cannot be resolved by mutual agreement shall be brought before the Courts of Ireland in Dublin.