CGU - Terms of Service
General Terms of Use (CGU) of the Happer.fr Application
Preamble
These General Terms of Use (CGU) govern access to and use of the mobile application Happer.fr (hereinafter "the Application"), published by the company Happer SAS, a simplified joint-stock company with a sole shareholder, registered with the Trade and Companies Register under number 943 607 960, with its registered office at 6 Rue d'Armaillé, 75017 Paris, France.
The Application allows Users to browse, select, and purchase products through partnerships with brands and influencers. It also offers inspiring content, personalized recommendations, and social features related to the world of fashion and lifestyle.
By accessing the Application, you fully and unreservedly accept these CGU. Any use of the Application implies acceptance of all the clauses and conditions detailed below. If you do not agree to these conditions, you must not use the Application.
1. Definitions
For the purposes of these CGU, the following terms are defined as follows:
- User: any natural person who accesses the Application, whether registered or not, and who uses the Services provided.
- User Account: a secure personal space created by the User during registration, allowing access to the Application’s features and management of personal information, purchases, and history.
- Services: all the functionalities offered by the Application, including but not limited to: browsing products, participating in sales, personalized recommendations, editorial content, account management, social interactions, notifications, and alerts.
- Partners: brands, influencers, content creators, or other entities collaborating with Happer SAS to offer products, content, or services within the Application.
- Content: texts, images, videos, graphics, software, databases, product descriptions, creative and editorial content present on the Application.
2. Access to the Application
2.1 Access Conditions
Access to the Application is strictly reserved for adults or minors with the express authorization of their legal representatives. The User agrees to provide accurate, complete, and up-to-date information during registration, including: name, surname, date of birth, email address, and payment information.
Happer SAS reserves the right to verify this information and to request supporting documents at any time to confirm the User’s identity or ability to use the Application.
2.2 Creation and Security of the User Account
To access the Services, the User must create a User Account. Creating an account implies:
* Providing a valid email address and a secure password.
* Reading and accepting these CGU and the privacy policy.
* The User’s commitment not to disclose their login details and to immediately inform Happer SAS in case of fraudulent or unauthorized use of their account.
The User is solely responsible for the security of their account and all actions carried out through it.
2.3 Availability and Interruptions
Happer SAS strives to ensure continuous access to the Application 24/7. However, interruptions may occur for technical, maintenance, or update reasons. The Application may also be temporarily suspended for security or legal compliance reasons.
Happer SAS is not responsible for direct or indirect consequences of temporary unavailability of the Application, including data loss or missed business opportunities.
3. Services Provided
The Application offers a wide range of Services designed to enhance the User experience:
- Product browsing: the User can view available products, check detailed descriptions, reviews, recommendations, and prices.
- Sales: certain products may be offered through direct sales. The User is informed of the operation, consumption rules, and payment methods.
- Personalized recommendations: the Application uses algorithms to suggest products tailored to the User’s tastes and purchasing behavior.
- Editorial content: Happer SAS provides inspiring content (photos, videos, articles) showcasing products, looks, and trends.
- Social interactions: Users can share products, comment, and interact with other community members.
- Notifications and alerts: Users may receive personalized notifications regarding news, promotions, and events relevant to their interests.
Happer SAS reserves the right to modify, suspend, or remove any Service without notice, and without entitlement to compensation.
4. Intellectual Property
All elements present on the Application, including texts, logos, images, videos, graphics, software, databases, and editorial content, are the exclusive property of Happer SAS or its Partners.
Any reproduction, representation, modification, publication, transmission, adaptation, or exploitation, in whole or in part, of these elements without express authorization is strictly prohibited and constitutes an infringement of intellectual property rights, subject to civil and criminal penalties.
The User is authorized to use the Application for personal and non-commercial use only.
5. User Responsibilities
The User agrees to:
- Use the Application in compliance with applicable laws and regulations.
- Not disrupt the functioning of the Application or introduce viruses, malware, or any other harmful elements to Happer SAS’s IT systems.
- Respect intellectual property rights and third-party rights.
- Not use the Application for commercial or advertising purposes without prior authorization.
In case of non-compliance, Happer SAS reserves the right to suspend or terminate the User Account, block access to Services, and take legal action.
6. Personal Data
Happer SAS collects and processes Users’ personal data in accordance with its privacy policy, available in the Application. Such data may include: name, surname, email address, purchase history, preferences, interactions on the Application, and payment information.
Data is used to:
- Provide and personalize Services.
- Communicate with the User (notifications, newsletters, personalized offers).
- Improve user experience and offered content.
- Comply with legal and regulatory obligations.
The User has the right to access, rectify, delete, and object to the processing of their data, which can be exercised at any time by contacting Happer SAS.
7. Payments and Transactions
Payments made through the Application are secure and processed by authorized service providers. The User agrees to provide accurate and up-to-date payment information.
In case of participation in an auction or direct purchase, the User authorizes Happer SAS to debit their account for the corresponding amount. Any refusal or delay in payment may result in suspension or termination of the User Account and legal action to recover the sums owed.
8. Delivery and Returns
Products ordered through the Application are delivered under the conditions defined by the Partners. Happer SAS acts as an intermediary and is not responsible for delivery times, associated costs, or return conditions set by the Partners.
Returns, exchanges, and refunds are subject to each Partner’s specific conditions and must be carried out in accordance with the instructions provided in the Application.
9. Modification of the CGU
Happer SAS may modify these CGU at any time in order to:
- Adapt the Application to legal and regulatory changes.
- Improve Services and Application security.
- Modify features or conditions of use.
Users will be informed of modifications via notifications in the Application or by email. The new CGU take effect upon publication and automatically apply to all Users.
10. Termination
The User may terminate their Account at any time by contacting Happer SAS via the contact details provided in the Application.
Happer SAS may terminate a User Account for non-compliance with these CGU, fraudulent activity, or violation of third-party rights, without prejudice to legal action. Termination results in the deletion of the Account and all associated data, subject to legal retention obligations.
11. Limitation of Liability
Happer SAS strives to ensure the availability and security of the Application but cannot guarantee:
- Permanent and uninterrupted access to Services.
- The absence of errors or bugs.
- The security of data transmitted through the Application.
- The accuracy and completeness of content provided by Partners.
Happer SAS shall not be held liable for direct or indirect damages resulting from the use of the Application, including data loss, business losses, or service interruptions.
12. Applicable Law and Jurisdiction
These CGU are governed by French law. Any dispute relating to the interpretation or performance of the CGU will be submitted to the competent courts in the jurisdiction of the registered office of Happer SAS, located in Paris, France.
