(Updated 25 March 2016)
The present version is published in English for convenience purposes only. In case of any discrepancies between this version and the French version, the French version shall prevail.
1. Legal Information
Sporty Henri is a French limited liability company by shares, with its head office at 19 rue Jean-Jacques Rousseau 75001 Paris, with a capital of 30,000 euros and registered within the Paris Trade and Companies’ register under number 803 987 965.
Its VAT number is FR28803987965.
Its website is hosted by OVH, a French limited liability company by shares, with its head office at 2 rue Kellermann 59100 Roubaix, with a capital of 10,059,500 euros, Tel: +(33) 9 72 10 10 07. Publication Manager: Gérard BARIN
Its customer service is available by email at email@example.com and/or by phone at +33 (0)1 53 00 20 66 (non surcharged call), Monday to Friday from 8:00 am to 8:00 pm and Saturday from 10:00 am to 7:00 pm for all countries from which the website is accessible.
2. General Information
Sporty Henri ("Sporty Henri") operates and maintains the website www.sportyhenri.com (the "Site").
Please refrain from using the Site, its Services or accessing it if You do not agree to the present ToU.
You agree to be bound by the version of the ToU that is in force when You use the Site or its Services.
These ToU may change from time to time, without prior notice. You commit to regularly read these ToU in order to remain informed of their latest amendments.
The purpose of the Site is to display and sell multi-brands sportswear, prêt-à-porter and lifestyle fashion items. Sale of products is governed by the ToU and by Sporty Henri’s Terms of Sale ("ToS") available through the following link: ToS.
Please note that although the Site is available to several countries, the purchase of items from the Site is limited to customers domiciled in the territories specified in the ToS, (Germany, Austria, Belgium, Spain, France, Italy, Luxembourg, the Netherlands, UK, Portugal) which you must read before placing any order on the Site.
Sporty Henri may temporarily or permanently and in its sole discretion, implement new Services such as newsletters, emails, instant messaging, blogs, discussion forums or other services on or through the Site.
4. Use of the Site and Services
You must be of legal age in your country of residence to be authorised to use the Site.
You agree not to exchange, modify, copy, reproduce, publish, post, transmit, distribute, on-screen display, perform, transfer or sell posts, messages, texts, files, images, pictures, videos, sounds or any other element (the "Content") from the Site, including but not limited to any text, image, audio or video, for any purpose whatsoever.
You agree not to interrupt or attempt to interrupt the operation of the Site or any Services offered through the Site in any way.
In accordance with the present ToU, Sporty Henri grants You a worldwide, non-exclusive, non-transferable, non-sellable and limited right to access, display and use the Site.
You agree not to upload, post or transmit, through the Site or any of the Services, any materials which:
i) restrict or interrupt access to the Site and/or the Services by another individual;
ii) are fraudulent, unlawful, prejudicial, threatening, abusive, tortious, defamatory, obscene, hateful, harassing, or violate the privacy of others;
iii) constitute or encourage conduct that could lead to criminal prosecution, give rise to civil liability or would otherwise constitute infringement of any applicable law;
iv) violate or infringe the rights of a third party, including, without limitation, patent, trademark, trade secret, copyright, or any other proprietary or personality rights;
v) contain a virus, a malware, a software whose purpose is to index the Site’s Content, data exploration process, robots, spiders or devices for data collection and extraction tools or any similar harmful component; or vi) are promotional, unsolicited or unauthorised advertising content such as spam, chain letters, pyramid schemes or any other form of solicitation.
Notwithstanding the above limitations, a limited exception is granted to Internet search engines for general and non-commercial public archives that use tools to collect information for the sole purpose of displaying hyperlinks to the Site, provided that each of them proceed so from a fixed IP address or range of IP addresses using an easily identifiable agent.
5. Modification, suspension or termination of Services
Sporty Henri reserves the right, without prior notice and in its sole discretion, to partially or fully cancel or restrict Your right to access or use the Site and/or to modify or terminate any Service. You understand and agree that Sporty Henri may do so without any liability whatsoever.
6. User account
You may register on the Site to obtain a personal account (a “User Account”). Your User Account allows You to obtain the following benefits:
- Speed up the payment process of Your purchases
- Check the status of Your orders
- Review Your previous orders
- Modify Your account information
- Change Your password
- Add alternative delivery addresses (for your family and friends)
- Sign up for Sporty Henri’s newsletters
If you have forgotten your password, Sporty Henri may send You a new one through a secured Internet connection to the email address You provided when You registered. You may then log in again to Your user account in order to change Your password.
Upon registration, You agree and undertake to:
- Provide only true, current, complete and accurate information, as requested in the registration form or any other forms from the Site;
- Maintain and update the information provided to Sporty Henri;
- Maintain the confidentiality of Your username and password, and
- Accept full liability with respect to any activity related to the use of Your username and password.
You are responsible for any loss, expense, damage and any additional costs resulting from the disclosure of false, incorrect or incomplete information from You, or Your failure to update the information provided at time of registration or at any other time during Your use of the Site and/or of its Services.
7. Content of the Site
Sporty Henri undertakes to provide adequate descriptions and visual representations of the products presented on the Site. However, Sporty Henri does not warrant that the information or graphics contained on the Site or that are accessible through the Services would be at any time reliable, accurate, up-to-date, useful or comprehensive.
8. Intellectual Property
All Content and, more generally, all items posted on or available through the Site (texts, images, sounds, etc.) shall not be reproduced, used or represented without the express authorisation of Sporty Henri.
9. Links to third-party websites
Creation or continued operation of a link to the Site can only be made with the prior written consent of Sporty Henri. However, Sporty Henri may, without prior notice and in its sole discretion, temporarily or permanently, at any time, revoke any such authorisation without any liability whatsoever for such revocation.
The Site may contain links to other websites or may itself be accessible through links from other websites. Sporty Henri provides and allows those links for Your convenience only and is not liable for the content of any websites linked to or from the Site. The integration of links to the Site does not indicate that Sporty Henri approves of, endorses, sponsors or recommends those websites. Thus, Sporty Henri disclaims any and all warranties, express or implied, regarding the accuracy, lawfulness, reliability or validity of any content on any other website.
10. Security of electronic data transfer
Sporty Henri undertakes to maintain at all times the highest standards of security. However, no Internet data transmission may be considered completely safe and private. You understand that any message or information that You send to the Site or through the Services may be read or intercepted by others. Sending an email to Sporty Henri shall not create any reciprocal obligation or responsibility of Sporty Henri towards You.
Sporty Henri cares about Your privacy.
12. Limitation of liability
UNDER NO CIRCUMSTANCES SHALL SPORTY HENRI, ITS AGENTS, STAFF AND DIRECTORS BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OF THE SITE AND THE SERVICES AND/OR RESULTING FROM THE BEHAVIOUR OF OTHER USERS. IN PARTICULAR, SPORTY HENRI SHALL NOT BE LIABLE FOR DAMAGE RESULTING FROM TECHNICAL, TECHNOLOGICAL OR OTHER ISSUES, ARISING FROM YOUR USE OF THE SERVICES.
IN PARTICULAR, SPORTY HENRI SHALL BEAR NO RESPONSIBILITY FOR TECHNICAL DAMAGE, DAMAGE TO YOUR COMPUTER OR ANYTHING ELSE RESULTING FROM YOUR USE OF OUR SERVICES.
If any provision of the ToU is found to be void, invalid or unenforceable by a competent court for any reason whatsoever, such provision shall be enforced to the fullest extent possible to reflect the parties’ intent. This shall not affect the validity and enforceability of any remaining provision of the ToU, which shall remain in full force and effect.
14. Governing law and jurisdiction
Any contract or agreement with Sporty Henri is governed and construed in accordance with the laws of France, without application of their conflict of laws rules.
Any dispute, claim or controversy arising directly or indirectly from the conclusion, interpretation or performance of any contract with Sporty Henri shall be subject to the exclusive jurisdiction of the courts of Paris, France.