Terms and conditions
Disco volante Media

Please read all these terms and conditions carefully.

As we can accept your Order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on +33 668 47 47 93.

Application

1. These Terms and Conditions will apply to the purchase of the Services and Goods by you (the Customer or you). We are DISCO VOLANTE MEDIA (Disco Volante Media, us or the Company), a company registered in France SIREN 904694577, and whose registered office is at 229 rue St Honoré 75001, Paris France.

2. Our contact details are: email address me@hypercrunch.one; telephone number +33 668 47 47 93.

3. These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

4. These Terms & Conditions are binding for any company which are clients of Disco Volante Media in France and abroad.

Interpretation

1. Cancellation Period means 14 days from the day the Contract was entered into or as specified in these Terms and Conditions.

2. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

3. Contract means the legally-binding agreement between you and us for the supply of the Services;

4. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;

5. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

6. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

7. Order means the Customer's Order for the Services from the Supplier as submitted following the step-by-step Process set out on the Website;

8. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

9. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;

10. Website means our Website www.hypercrunch.one on which the Services are advertised.

Services

1. All the products, the Services and any Goods advertised as described below are for a 90-day period plus a one-month notice period EXPECT for the “PressKit” and the “Branding”, which are one-offs.

2. The products can be acquired by subscription, which is sold online via: www.hypercrunch.one or via the client’s dashboard.

3. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only, and there may be discrepancies in the size and colour of any Goods supplied.

4. If any of the Services or Goods featured on our Website or other means of advertisement has no representation, written or oral correspondence, or statement, this is likely to be an error and, therefore, shall not form part of our Contract.

5. If you are uncertain about the description provided or lack thereof for any of the Services and/or Goods and have any queries relating to this, please contact us for further information.

6. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide to us is clear and accurate.

7. All Services which appear on the Website are subject to availability.

8. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes as and when they occur.

Customer Responsibilities

1. You must co-operate with us in all matters relating to the Services.  

2. In the delivery of the Services, you must provide us and our authorised employees and representatives with access to any premises under your control as and when required.

3. You must provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

4. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it, or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

5. The Customer shall be liable to compensate Disco Volante Media for any expenses incurred by it as a result of the Customer’s failure to comply with any of these clauses.

6. Without prejudice to any other rights to which we may be entitled, in the event that the Customer cancels the Goods and Services or unlawfully terminates the Contract, the Customer shall be required to pay Disco Volante Media (as agreed damages and not as a penalty) the full amount of any third party costs to which the Company has committed and in respect of cancellations on less than five working days written notice the full amount of any Goods and Services contracted for. For the avoidance of doubt, failure by the Customer to comply with any obligations under the section shall be deemed to be a cancellation of the Goods and Services and is subject to the payment of the damages to be determined by the Company.

Personal information

1. We retain and use all information strictly under our Privacy Policy (see Privacy Policy below).

2. We may contact you by using email or other electronic communication methods and by pre-paid post, and you expressly agree to this.

Basis of Sale

1. The description of the Services and any Goods on our Website does not constitute a contractual offer to sell the Services or Goods to you. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

3. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.

4. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event, not later than the delivery of any Goods supplied under the Contract and before the performance begins of any of the Services.

5. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 2 days from its date unless we expressly withdraw it at an earlier time.

6. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by you and us in writing.

7. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

Fees and Payment

1. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis. You will be told which at the time of your submission.

2. Fees and charges do not include VAT at the rate applicable at the time of the Order.

3. Payment is made by credit card or direct debit directly via the portal: www.hypercrunch.one

4. You must pay by submitting your credit or debit card details with your Order, and we can take payment immediately or otherwise before delivery of the Services.

5. You must give us one month’s notice to terminate your subscription.  

Delivery

1. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:

a) in the case of Services, within a reasonable time; and

b) in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

2. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

3. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

a) we have refused to deliver the Goods, or if delivery on time is essential, taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

b) after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances, and we have not delivered within that period.

4. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract and in accordance with these Terms.

5. If you were entitled to treat the Contract at an end but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered, and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you, and we will pay the costs of this.

6. If any Goods form a commercial unit (a unit is a commercial unit if the division of the unit would materially impair the value of the Goods or the character of the unit), you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

7. We do not generally deliver to addresses outside France. If, however, we accept an Order for delivery outside these areas, you may need to pay import duties, other taxes, or any unforeseeable costs incurred as we will not pay them.

8. You agree we may deliver the Goods in instalments if we suffered a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

9. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them to you.

10. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

11. Disco Volante Media should not be held responsible for any delay on the Customer’s part to respond to it and provide the information requested or delay the delivery of the Services.  

Risk and Title

1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

2. You do not own the Goods until we have in full for the Goods.

3. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and Cancellation

1. You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind and without giving us a reason and without incurring any liability.

2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods and services (with no others) in the following circumstances:

a) Goods that are made to your specifications or are clearly personalised;

b) Goods which are liable to deteriorate or expire rapidly.

Right to Cancel

1. Subject to these Terms and Conditions, you can cancel this Contract within 14 days without giving any reason.

2. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.

3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). You can use the attached model cancellation form, but this is not obligatory; but this may assist you as clear evidence of when the cancellation was made, which you must be able to demonstrate if necessary.  

4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Commencement of Services in the Cancellation Period

We will not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service. 

Effects of cancellation in the Cancellation Period

Except as set out below, if you cancel this Contract, we will reimburse you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Payment for Services commenced during the Cancellation Period

1. Where a service is supplied (being part of the Services) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract.  

2. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract.

3. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders.

4. You will bear no cost for supply of that service, in full or in part, in this Cancellation Period if that service is not supplied in response to such a request.

Deduction for Goods supplied

1. We may make a deduction from the reimbursement for loss in value of any Goods supplied if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss, and if that deduction is not made, you must pay us the amount of that loss.

Timing of Reimbursement

1. If we have not offered to collect the Goods, we will make the reimbursement without undue delay and no later than:

a) 14 days after the day we receive back from you any Goods supplied, or

b) (if earlier) 14 days after the day you provide evidence that you have sent the Goods back to us.

2. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (i.e. it is a contract for the supply of services only), we will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

3. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at our registered address at 86, 90 Paul St, London EC2A 4NE, United Kingdom without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract.

2. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

3. For the purposes of these Cancellation Rights, these words have the following meanings:

1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded;

2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer, and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

1. We have a legal duty to supply the Goods in conformity with the Contract (i.e. ensure that the goods are as to the standard advertised)

2. The Goods will not have conformed if it does not meet the following obligation.

3. Upon delivery, the Goods will:

            i. be of satisfactory quality;

          ii. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely on, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

         iii. conform to their description.

4. It is not a failure to conform if the failure has its origin in your materials.

5. We will supply the Services with reasonable skill and care.

6. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about the Services or about us, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, Termination and Suspension

1. The Contract continues for as long as it takes us to perform the Services and is valid for a minimum of 3 months (three months).

2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

            i. commits a serious breach, or series of actions resulting in a serious breach, of the Contract, and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or

          ii. is subject to any step towards its bankruptcy or liquidation.

3. Termination of the Contract otherwise requires one month’s written notice from either party.

4. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and our sub-contractor

Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. Disco Volante Media will not be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

1. In the event of any failure by a party because of something beyond its reasonable control:

            i. the party will advise the other party as soon as reasonably practicable; and

          ii. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's rights relating to delivery (and the right to cancel) as specified within these Terms.

Promotional Material

1. Disco Volante Media will acquire the right to advertise the Customer’s logo on its Website and its other marketing materials. 

2. Notwithstanding 1) above, Disco Volante Media will post material on Customers’ social media, email Customers’ clients and reach out and promote to journalists, influencers and clients on their behalf.

Privacy 

1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

2. These Terms and Conditions should be read alongside and are in addition to our policies, including our privacy policy (https://www.hypercrunch.one/privacy-policy and cookies policy (https://gohypercrunch.com/COOKIES).

3. For the purposes of these Terms and Conditions:

                     i. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to, the Directive 95/46/EC (Data Protection Directive) or the GDPR.

                   ii. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.

                  iii. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

4. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

5. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

            i. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

          ii. we will only Process Personal Data for the purposes identified;

         iii. we will respect your rights in relation to your Personal Data; and

         iv. we will implement technical and organisational measures to ensure your Personal Data is secure.

6. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following email address: me@hypercrunch.one

Excluding liability

1. Disco Volante Media shall not be held responsible or liable for any damage sustained by any Customer to its brand, image, reputation or otherwise as a consequence of a bad or negative review.

2. We are not responsible for any liability incurred to a company in terms of image when we post online on their behalf or interact with their clients and prospects online and offline.

3. Disco Volante Media does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of its other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

1. The Contract (including any non-contractual matters) is governed by the laws of France.

2. Disputes can be submitted to the jurisdiction of the courts of France.

3. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within five days.

‍