Terms & Conditions
GENERAL CONDITIONS OF SALE - CONSUMERS
ARTICLE 1 - Scope of application
The present General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by (“the Vendor”) with consumers and non-professional buyers (“the Customers or the Customer”), wishing to acquire the products offered for sale by the Vendor (“the Products”) on the website https://shop.helite.com/fr/ . In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers. These General Terms and Conditions of Sale may be supplemented by special conditions, set out on the website, prior to any transaction with the Customer. These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels. They can be accessed at any time on the https://shop.helite.com/fr/ website and will prevail, where applicable, over any other version or any other contradictory document. As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed. Modifications to these General Terms and Conditions of Sale apply to users of the https://shop.helite.com/fr/ website from the date they are posted online, and cannot be applied to transactions concluded previously.
ARTICLE 2 - Products for sale
The Products offered for sale on the https://shop.helite.com/fr/ website are as follows: “Protective airbags and all sports safety equipment and accessories”. The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity, are presented on the https://shop.helite.com/fr/ website. The customer is obliged to read them before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the https://shop.helite.com/fr/ website are not contractual and do not engage the responsibility of the Seller. 2 The Customer must refer to the description of each Product to find out about its properties, essential features and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract. The contractual information is presented in French and English and is confirmed at the latest when the order is validated by the Customer. The Products presented on the https://shop.helite.com/fr/ website are offered for sale in the following territories: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden. For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the customer.
ARTICLE 3 - Period of validity of the Product offer
Product offers are subject to availability, as specified when the order is placed.
ARTICLE 4 - Seller's contact details
The Seller's contact details are as follows:
HELITE
SAS registered with the DIJON Trade and Companies Registry
Under number 883 586 869
With a share capital of 1.100.00,00 Euros
Headquartered at 1 rue de la Petite Fin
21121 FONTAINE LES DIJON
FRANCE
In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has the right to access, rectify, oppose, delete and port all of his personal data at any time by writing, by post and providing proof of his identity, to the Seller's address, mentioned above. Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale. The Customer acknowledges having the capacity required to contract and purchase the Products offered on the https://shop.helite.com/fr/ website.
ARTICLE 5 – Orders
5-1. Placing an order
It is the Customer's responsibility to select the Products they wish to order on the https://shop.helite.com/fr/ website. The customer can check the details of his order, its total price and correct any errors before confirming his acceptance. It is the customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately. The registration of an order on the https://shop.helite.com/fr/ website is completed when the customer accepts the present General Terms and Conditions of Sale by ticking the appropriate box and validates the order. This validation implies the acceptance of the entirety of the present General Conditions of Sale. The sale is final only after the Vendor has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay, and after the Vendor has received payment in full. Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and according to the methods described above, on the https://shop.helite.com/fr/ website constitutes the formation of a contract concluded remotely between the Customer and the Vendor. In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer. The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. Customers can track the progress of their order on the https://shop.helite.com/fr/ website or by e-mail, which is sent to them at each stage of order preparation. The Seller does not intend to sell the Products on the https://shop.helite.com/fr/ website to professionals, but only to consumers or non-professionals, for their personal needs. The Vendor therefore reserves the right to refuse orders for large quantities of the same Product.
5-2. Order modification
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-3. Order cancellation
Once confirmed and accepted by the Vendor, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of withdrawal or force majeure.
ARTICLE 6 – Prices
Products are supplied at the current prices shown on the https://shop.helite.com/fr/ website, at the time the order is registered by the Vendor. Prices are given in Euros, excluding VAT and including VAT. Prices take into account any discounts granted by the Seller on the https://shop.helite.com/fr/ website. These prices are firm and non-revisable during their period of validity, as indicated on the website https://shop.helite.com/fr/, the Vendor reserving the right, outside this period of validity, to modify prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the https://shop.helite.com/fr/ website and calculated before the order is placed. If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time the order is validated by the Customer, are entirely at the Customer's expense. The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
ARTICLE 7 - Terms of payment
The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment, in accordance with the following terms and conditions:
- By credit card: Carte Bancaire, Visa, MasterCard and all other credit cards
- By e-wallet, PayPal
- 3 times free of charge with our bank payment organization ALMA
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the return of the corresponding sums from his bank. Payment data is exchanged in encrypted mode using the TLS (Transport Layer Security) protocol, and is never transmitted unencrypted over the network. Payment is made directly to the bank and not on the Seller's servers. The Vendor has no access to these details and does not store them on its servers. Payments made by the Customer will not be considered final until they have been validated on the bank's website. In addition, any delay in payment shall automatically entail the application of a fixed indemnity of forty (40) Euros, without prejudice to late payment penalties. Late payment will also result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Vendor may be entitled to take against the Customer in this respect. In addition, the Vendor reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer. The Customer shall not be charged any additional costs in excess of those incurred by the Vendor for the use of a means of payment.
ARTICLE 8 – Deliveries
The Products ordered by the Customer will be delivered in mainland France and in the countries mentioned above within a time indicated as an estimate at the time of the order. Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once. The Vendor undertakes to use its best efforts to deliver the products ordered by the Customer as quickly as possible. If the Products ordered have not been delivered within fourteen days of the indicative delivery date, for any reason other than force majeure, the Customer's fault or the fault of the carrier, the sale may be cancelled at the Customer's written request under the conditions set out in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or deduction. In the event of non-conformity of the Product delivered, the Vendor undertakes to remedy the situation or reimburse the Customer, as indicated in the article - “Vendor's liability - Guarantee”. The Seller assumes the risks of transport and is obliged to reimburse the Customer in the event of damage caused during transport. Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering and to which the carrier has easy access. When the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over to the carrier by the Seller, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported. In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.
ARTICLE 9 - Transfer of ownership - Transfer of risk
The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the Customer, regardless of the delivery date of the Products. Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating to them will only take place when the Customer takes physical possession of the Products. Products therefore travel at the Seller's risk.
ARTICLE 10 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notification to the Vendor of the Customer's decision to withdraw. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice. Damaged, soiled or incomplete Products may be taken back, but the Seller reserves the right not to make a full refund. If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Customer. Reimbursement will be made within 14 days of notification to the Vendor of the decision to withdraw, by crediting the Customer's bank account or by any other means of payment that may subsequently be set up by the Vendor.
ARTICLE 11 - Seller's liability - Warranty
The Products sold on the https://shop.helite.com/fr/ website comply with the regulations in force in France. Products supplied by the Vendor benefit from the right of withdrawal by operation of law and without additional payment, in accordance with the legal provisions:
- the legal guarantee of conformity, for apparently defective, damaged or deteriorated Products or Products that do not correspond to the order,
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Under the terms and conditions set out in the box below and defined in the appendix to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty of Hidden Defects). In order to assert his rights, the Customer must inform the Vendor, in writing and by any means, of the non-conformity of the Products within a maximum period of eight days from delivery of the Products or from the discovery of hidden defects within the above-mentioned periods and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.). The Seller will reimburse, replace or repair Products or parts under warranty that are found to be non-conforming or defective. The return of Products will be free of charge and ensured by means of a delivery note sent to the Customer. Refunds for Products found to be non-conforming or defective will be made as soon as possible and at the latest within fourteen days of the Seller's finding of the non-conformity or hidden defect. Reimbursement will be made by crediting the Customer's bank account and by any other means of payment that may subsequently be set up by the Vendor.
The Vendor cannot be held liable in the following cases:
- non-compliance with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective. In addition to the legal warranties of conformity and latent defects, Products purchased on the website may benefit from a free contractual warranty, the terms of which are available on the following website: http://my.helite.com/conditions
ARTICLE 12 - Personal data protection
Pursuant to Law 78-17 of January 6, 1978, amended by Law no. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer is necessary for the processing of his/her order and the preparation of invoices, in particular. This data may be communicated to any of the Vendor's partners responsible for executing, processing, managing and paying for orders. The processing of information communicated via the https://shop.helite.com/fr/ website complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of this data. In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him or her. This right may be exercised in accordance with the terms and conditions set out on the https://shop.helite.com/fr/ website.
ARTICLE 13 - Intellectual property
The content of the https://shop.helite.com/fr/ website is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 14 – Anticipation
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
ARTICLE 15 – Force majeure
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code.
ARTICLE 16 - Applicable law - Language
These General Terms and Conditions of Sale and the operations arising from them are governed by French law. They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 17 – Disputes
All disputes arising from the purchase and sale transactions concluded in application of these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and consequences, and which cannot be resolved between the seller and the customer, will be submitted to the competent courts under the conditions of common law. The Customer is hereby informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The customer, noting that a violation of the general regulation on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to obtain against the data controller or subcontractor, compensation before a civil or administrative court or before the National Commission for Data Processing and Civil Liberties.
ARTICLE 18 - Pre-contractual information - Customer acceptance
The fact that an individual (or legal entity) places an order on the website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Vendor.
ARTICLE 19 - Eco-contribution
Helite complies with its obligations under the AGEC law on extended producer responsibility for household packaging and graphic paper: FR407473_01JURA
