Terms of service

OVERVIEW

Welcome to HALLOWAY! The terms "we", "our" and "our" refer to HALLOWAY, a brand operated by GoldenHour. HALLOWAY operates this shop and website, including all related information, content, functionality, tools, products and services, in order to offer you, as a customer, a personalized shopping experience (the "Services"). HALLOWAY uses the Shopify platform, which allows us to offer you the Services.

The terms and conditions below, as well as the policies referenced therein (the "Terms of Use" or "CU"), describe your rights and responsibilities when using the Services.

Please read these Terms of Use carefully. They do not affect statutory warranties of conformity and hidden defects, or the rights you have under the Consumer Code as a consumer.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and Privacy Policy, accessible at /policies/privacy-policy. If you do not accept these Terms of Use or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 - ACCESS AND ACCOUNTS

By accepting these Terms of Use, you declare that you are a major within the meaning of French law, either at least 18 years of age, or a minor acting with the permission of his or her legal representative.

To use the Services, including to browse our online store or purchase any of the products we offer, you may be asked to provide certain information, such as your e-mail address, billing, payment and delivery information. You declare that the information you provide is accurate, up-to-date and complete.

You are solely responsible for the security of your account identifiers and any activity related to your account. You are not authorized to transfer, sell, transfer or license your account to another person.

ARTICLE 2 - OUR PRODUCTS

We sell watch boxes and winders for automatic watches, in the new condition. The essential characteristics of each product are shown on its data sheet: capacity, number of slots, finish and operation.

We have made every effort to present our products faithfully. The site's visuals are illustrative stagings and are not a contractual document. Perceived colours and appearance may differ from what appears on your screen, due to the type of device you use, its settings and lighting.

Finish names describe a colour and an appearance. They do not certify wood, leather, or precious metal. The contractual characteristics of a product are those described in text on its sheet.

HALLOWAY is a French brand, operated by GoldenHour, whose head office and customer service are located in France. Our boxes and winders are manufactured by partner workshops outside the European Union. We do not claim any French manufacture.

All product descriptions are subject to change at any time without notice. We reserve the right to withdraw a product from the sale and to limit the quantities proposed on a case-by-case basis. These changes have no effect on already validated commands.

ARTICLE 3 - ORDERS

When you place an order, you make a purchase offer. Your order is accepted after our written confirmation, sent by e-mail. We must receive and process your payment before your order is validated.

You can check the details of your order and correct any errors before you validate it. Once the order has been confirmed, a request for cancellation remains possible until the parcel has been delivered to the carrier; write to us as soon as possible with your order number.

We reserve the right to refuse or cancel an order in case of prior payment dispute, suspicion of fraud or manifest price error. You are then informed by e-mail or telephone and fully reimbursed.

Your purchases are subject to the return and refund conditions set out in our Refund Policy, available at /policies/refused-policy.

ARTICLE 4 - PRICES AND FACTURATION

Prices are shown in euros, all taxes included. Standard delivery is offered in mainland France and Corsica, with no minimum amount.

Prices, discounts and promotions are subject to change without notice. The invoiced price is the price in effect at the time of validation of the order, recalled in the confirmation e-mail. A subsequent price change has no effect on an already validated order.

We can offer, from time to time, promotions governed by special conditions. In the event of a conflict between the conditions of a promotion and these Conditions, the conditions of the promotion shall prevail.

You are committed to providing accurate and up-to-date purchase, payment and account information so that we can finalize your transactions and contact you if necessary. You declare that you are authorized to use the payment method used for your order.

An invoice is attached to the shipping confirmation. For an invoice on behalf of a company, enter the company name and intra-Community VAT number in the order note.

ARTICLE 5 - EXPEDITION AND DELIVERY

We deliver in metropolitan France and Corsica. Preparation time: 1-2 working days. Transport time: 5 to 7 working days. Estimated total time: 6 to 9 working days from payment validation. Orders placed after 7 p.m. are processed the following working day.

These deadlines are indicative. In accordance with article L.216-1 of the Consumer Code, delivery takes place no later than 30 days after the conclusion of the contract.

In the event of a breach on that date, you may order us to deliver within a reasonable period of time and, failing that, to terminate the contract and obtain the refund of the sums paid, under the conditions of articles L.216-2 and L.216-3 of the Consumer Code.

In accordance with article L.216-4 of the Consumer Code, the risk of loss or damage of products is transferred to you at the time you take physical possession of the package. We remain responsible for the damage that occurred during transport.

Full terms and conditions can be found in our Shipping Policy, available at /policies/shipping-policy.

ARTICLE 6 - RIGHT OF RETRACTATION AND LEGISLATIVE GUARANTEE

In accordance with article L.221-18 of the Consumer Code, you have 14 days from receipt of your order to retract without having to justify a reason. For commercial purposes, we extend this deadline to 30 days. None of the exclusions provided for in article L.221-28 apply to our catalogue.

To exercise this right, write to contact@halloway.fr or use the withdrawal form available on our website. Return costs are at your expense in case of a change of mind, and at our expense if the product is defective, damaged or non-compliant.

You also benefit from the legal guarantee of conformity (articles L.217-3 et seq. of the Consumer Code), applicable for two years from the issuance of the property, and the guarantee of hidden defects (articles 1641 et seq.) of the Civil Code. These guarantees shall be free of charge and shall not be limited by any provision of these Terms.

ARTICLE 7 - INTELLECTUAL PROPERTY

Our Services, including all brands, texts, images, graphics, videos and audio content, as well as their design, selection and layout, are the exclusive property of GoldenHour or its license holders. They are protected by the Intellectual Property Code and applicable international conventions.

These Terms authorize you to use the Services solely for personal and non-commercial purposes. You are not authorized to reproduce, distribute, modify, create derivative works, publicly display, republish, store or transmit any document on the Services without our prior written consent.

The names, logos, product names, designs and slogans of HALLOWAY belong to GoldenHour. You cannot use them without prior written permission. Shopify's name, logo and brands are the property of Shopify. All other names and logos on the Services are owned by their respective owners.

ARTICLE 8 - OPTIONAL TOOLS

You may be required to use tools offered by third parties as part of the Services, which we do not monitor and over which we have no control.

We provide access to these tools "in the state" and "subject to availability", without warranty or approval on our part. It is your responsibility to be aware of the conditions applicable to these tools, as defined by the relevant third-party suppliers.

We will be able to offer new features via the Services. They will be considered an integral part of the Services and subject to these Terms and Conditions.

ARTICLE 9 - LINKS TO THIRD PARTIES

Services may contain hyperlinks to websites operated by third parties. We are not responsible for the content or accuracy of these sites. If you decide to leave the Services to access it, you do so at your own risk.

We invite you to review the policies and practices of these third parties prior to any transaction. Claims concerning third-party products and services should be addressed directly to them.

The insertion of a hyperlink to a page on the HALLOWAY website is subject to prior written permission.

ARTICLE 10 - RELATIONSHIP WITH SHOPIFY

HALLOWAY is powered by Shopify, which allows us to offer you the Services. However, any sale or purchase made in our shop is made directly with HALLOWAY. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and HALLOWAY, including any damage, damage or loss resulting from the goods or services purchased. You hereby expressly exempt Shopify and its subsidiaries from any claim, damage or liability arising out of or relating to your purchase and transaction with HALLOWAY.

Article 11 - CONFIDENTIALITY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, accessible at /policies/privacy-policy. Some personal information may also be subject to Shopify's privacy policy. By using the Services, you acknowledge that you have read these policies.

Since the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. The information you submit will be forwarded to Shopify as well as to third parties that may be located in countries different from the one in which you reside. Transfers outside the European Economic Area are based on recognised mechanisms, such as the European Commission's standard contractual clauses.

GoldenHour is responsible for processing within the meaning of the General Data Protection Regulation.

ARTICLE 12 - NOTICE AND RETURN OF EXPERIENCE

If you provide us with ideas, suggestions, opinions, proposals or any other content (the "Returns of Experience"), you will grant us a worldwide, non-exclusive and free license to use, reproduce, publish and post for the purpose of exploitation and promotion of the Services, for the legal period of protection of the rights concerned.

You declare that you have the necessary rights to these Experience Returns, that you have reported any compensation received in connection with their bid, and that you comply with these Terms. We are not bound to maintain their confidentiality, to pay compensation, or to respond to it.

We may, without being obliged to do so, moderate or suppress any Illegal, abusive, defamatory, obscene or infringement of the rights of a third party.

You agree that your Feedback will not affect any third party rights and will not contain any viruses or malicious software. You are prohibited from using a falsified e-mail address or replacing others. You are solely responsible for your feedback and accuracy.

ARTICLE 13 - ERRORS, INEXACTITUDES AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies or omissions, including product descriptions, prices, promotions, shipping costs, transit times or availability.

We reserve the right to correct any errors, update the information and cancel an order placed on the basis of manifestly incorrect information, at any time and without notice. In this case, you are informed and fully reimbursed.

ARTICLE 14 - PROHIBITIONS

You may only access and use the Services for lawful purposes. You are prohibited from accessing or using the Services directly or indirectly: (a) for unlawful or malicious purposes; (b) in violation of any applicable law or regulation; (c) in such a way as to infringe the intellectual property rights of GoldenHour, Shopify or third parties; (d) to harass, insult, defaming, intimidate or harm one of our collaborators or any other person; (e) to transmit false or misleading information; (f) to transmit unsolicited advertising material, chains of letters or similar solicitations; (g) to usurp the identity of a person or entity; (h) to adopt any behaviour that may impede the use of the Services by others.

You further undertake not to: (a) transmit viruses or malicious code; (b) reproduce, duplicate, extract, sell or exploit any part of the Services; (c) collect the personal information of others; (d) use spam, phishing or pretext practices; (e) use robots, scraping tools, automated devices or artificial intelligence tools to access the Services; and (f) circumvent or neutralize the security measures we put in place.

We reserve the right to suspend or terminate your account if we find a violation of these Terms.

ARTICLE 15 - STAFF

15.1 This section applies if you use, authorize or activate an Agent to access or interact with the Services. An "Agent" means any software or service that acts independently or semi-autonomously on behalf of, or on instructions from, a person, without direct supervision.

15.2 No Officer shall access or interact with the Services unless it is permanently identified and operates in strict compliance with the conditions set out in 15.4. No Officer can access the Services if we have asked him not to do so.

15.3 We may limit, including through technical measures, the possibility and manner in which an Officer accesses the Services.

15.4 Agents shall: (i) in all HTTP or HTTPS requests, indicate that the request originates from an Agent and disclose its name by including the statement "Agent/[name of agent]" in the user agent chain; (ii) do not conceal the fact that the access originates from a Agent, including by imitating human behaviour or bypassing CAPTCHAs; (iii) answer honestly any question to determine whether the interactions originate from a human or computer; (iv) do not circumvent measures intended to block, limit or control the access of Agents to the Services.

ARTICLE 16 - RESILIATION

We may suspend or terminate your access to the Services in the event of your failure to comply with these Terms, after prior information unless required by law. You will remain liable for amounts due until the date of termination included.

The following articles will remain applicable after termination: Intellectual property, Notice and feedback, Termination, Limitation of liability, Divisibility, Waiver, Assignment, Applicable Law and Privacy Policy, as well as any provision the nature of which implies that it survives termination.

ARTICLE 17 - AVAILABILITY OF SERVICES

Information on the Services is made available for information purposes. We make every effort to ensure its accuracy without being able to guarantee that they are free from error.

Services are provided based on availability. We do not guarantee that their use will be uninterrupted or free from errors, particularly in the event of maintenance, technical failure or event beyond our control.

This clause shall not apply to legal guarantees of conformity and hidden defects, nor to liability for defective products, which remain due under the conditions laid down by law.

ARTICLE 18 - LIMITATION OF LIABILITY

Our liability cannot be incurred in the event of indirect damage resulting from the use of the Services, such as loss of turnover, profit or data.

No stipulation of these Terms limits our liability in the event of gross or wilful misconduct, personal injury, breach of legal guarantees of conformity and hidden defects, or liability for defective products.

Our responsibility cannot be incurred in case of non-execution due to an event of force majeure within the meaning of Article 1218 of the Civil Code.

ARTICLE 19 - COMPENSATION

If you are using the Services for professional purposes, you undertake to guarantee GoldenHour and Shopify, as well as their officers, employees and service providers, against any third party claims arising from your breach of these Terms, your violation of any law or the rights of a third party.

We will inform you of any claims covered by this guarantee and you will cooperate in its defence, including by providing the relevant documents.

ARTICLE 20 - DIVISIBILITY

If any provision of these Terms is found to be unlawful, null or inapplicable, it shall remain applicable to the maximum extent permitted by law and the unenforceable part shall be deemed to be unwritten. This will not affect the validity or applicability of the other provisions.

ARTICLE 21 - RENNCIATION AND INTEGRAL AGREEMENT

Failure to require the enforcement of any right or provision of these Terms does not constitute a waiver of that right.

These Terms and Conditions, as well as the policies published on this site, constitute the entire agreement between you and us and govern your use of the Services. They replace any prior, oral or written agreement or proposal.

ARTICLE 22 - CESSION

You may not assign or transfer these Terms or any of your rights or obligations without our prior written consent. We may assign these Terms and Conditions, as well as our rights and obligations, in particular in the case of the transfer of commercial funds or restructuring, without any reduction in your rights.

ARTICLE 23 - CLAIMS, MEDIATION AND APPLICABLE LAW

For any complaints, please contact our customer service at contact@halloway.fr or 02 59 50 89 29, Monday to Friday from 9:00 a.m. to 6:00 p.m., in order to find a friendly solution.

Under Article L.616-1 of the French Consumer Code, you may use a consumer mediator free of charge to seek an amicable resolution of a dispute with us. Competent mediator: [MEDIATOR TO BE COMPLETED].

The European online dispute resolution platform is available at https://ec.europa.eu/consumers/odr

These Terms of Use are governed by French law. In the absence of an amicable resolution, the dispute falls within the jurisdiction of the French courts. As a consumer, you retain the right to apply to the court of your place of residence.

ARTICLE 24 - AMENDMENT OF CONDITIONS OF USE

You can view the most recent version of these Terms at any time on this page.

We reserve the right to update, modify or replace any part of these Terms by publishing the changes on our website. We will notify you of any substantial amendments in accordance with the applicable law, and these amendments will take effect on the date indicated in the notice. Changes have no effect on already validated commands.

ARTICLE 25 - COORDINATED

For any questions regarding these Terms of Use, please contact us at contact@halloway.fr.

Our contact details are indicated below:

HALLOWAY, brand operated by GoldenHour Company
Simplified share company (SAS) with a capital of 10 000 euros
60 rue François 1er, 75008 Paris, France
contact@halloway.fr
02 59 50 89 29
RCS: 913 653 986 R.C.S. Paris
SIRET: 913 653 986 00020
Intra-Community VAT number : FR87913653986
Customer service: Monday to Friday, from 9am to 6pm (closed on Saturday, Sunday and public holidays)
Average response time: 1-2 days