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STORE POLICY

update : 27/08/2023

  1. GENERAL PROVISIONS

 

​1.1. Definitions

 

« GTC » : These General Terms and Conditions of Sale.

 

« Customer(s) » : Any natural or legal person who has placed an order on the Site.

 

« Order » : Purchase of one or more Product(s) on the Site and/or on Quote.

 

« Quotation » : document prepared by the Seller detailing the specifications of the Product expected by the Customer, supplemented by a sketch and/or sketch and/or a written description.

 

« Member » : Any User who has created an account on the Site.

 

« Price » : the price paid by the Customer to confirm the Order at the end of the order process. The Price includes, if applicable, the price including VAT and delivery costs.

 

« Product(s) » : Any product offered for sale on the Site and if necessary ordered by the Customer.

 

« Personalized Product » : Any Product that meets specifications requested by Customers and exceeds the options of the Products offered on the site and subject to a Quote.

 

« Site » : This website hosted at "www.helimalala.com"

 

« User » : Any Internet user connecting to the Site, accessing one or more pages of the Site.

« Seller » : Mrs. Virginie GUERRA EI, domiciled at 6 CHEMIN DES VIGNES, 02400 BONNEIL.

 

​1.2. Objects

 

2.a. The purpose of these GTC is to define the rights and obligations of the parties in the context of the online sale of the Products offered for sale on the Site.

​1.3. Clients

 

3.a. Only legal persons, and natural persons of full age within the meaning of the applicable national regulations and having their full legal capacity to purchase the Product are authorized to place an order on the Site.

​1.4. Field of application

4.a. The GTC are applicable to all sales made on the Site and/or on Quote, without restriction.

4.b. The Seller reserves the right to modify these GTC at any time by publishing a new version on the Site. The GTC applicable to a Product purchase are those in force on the date of validation of the Order.

 

​4.c. In accordance with Articles L. 111-1 and L. 111-3 of the Consumer Code, the essential characteristics and prices of Products sold electronically are available on the Site.

 

4.d. The Customer declares that he has read these GTC. Validation of an Order therefore constitutes unrestricted or unreserved acceptance of them.

2. PRODUCT

 

2.1. The characteristics of the products are those indicated on the Site.

 

2.2. The Seller undertakes to honor the Order only within the limits of available stocks of the Products. In the absence of availability of these, the Seller undertakes to inform the Customer.

 

2.3. Personalized product

 

3.a. If the Customer wishes to place an Order for a Personalized Product, he contacts the Seller by email at the contact address: contact@helimalala.com.

 

3.b. The specifications and characteristics of the Personalized Product are indicated in the Quote established by the Seller.

 

3.c. The sale of a Personalized Product is subject to the Customer's acceptance of a prior written Quote.

2.4.  Limited edition products may be requested to be borrowed for temporary exhibition. Products will be returned to customers after the exhibition ends.

3. PRICE

 

3.1. The price of the Products offered for sale on the Site and/or on the Quote are indicated euros.

 

3.2. If VAT is applicable, the price will include VAT. The amount of VAT applicable may be adjusted taking into account the country of destination of the Order.

 

3.3. The prices of the Products may be modified unilaterally by the Seller. The price to be paid will be that displayed on the Site and/or the Quote at the time of validation of the Order.

3.4. The prices displayed on the Site do not include delivery costs. These will be added to the price of the Product and may vary depending on the delivery address entered when ordering.

4. CREATING AN ACCOUNT

 

4.1. Users have the option to create a customer account on the Site.

 

4.2.

In order to create an account, Users will have to fill in the following information, relating to the billing and shipping details of orders:

  • First name *

  • Name *

  • Company name (optional)

  • Country/region *

  • Street number and name *

  • Building, apartment, lot, etc. (optional)

  • Postal code *

  • City *

  • Telephone *

  • Email address *

 

4.3. In the event that Users do not wish to create an account, they have the option to place an Order as a guest. They will have to provide this same information but without having access to their purchase history through an account.

5. ORDER AND PAYMENT

 

5.1. Ordering process

 

1.a. In order to complete the Order, the Customer must follow the following steps:

i. Dial the address of the Site ;

 

ii. Follow the instructions on the Site and in particular, the instructions necessary to open a Customer account or a guest account;

 

iii. Fill out the Order form. In the event of prolonged inactivity during connection, the selection of Products chosen by the Customer before this inactivity may no longer be available. The Customer is then invited to resume his selection of Products from the beginning;

 

iv. Ensure in advance that the Product is fully adapted to its sanitary and electrical installations;

v. Check the items of the Order;

 

vi. Validate the Order, (the "Order Validation")

 

vii. Follow the instructions of the online payment server to pay the Prize.

1.b. The Customer receives an electronic acknowledgement of receipt equivalent to confirmation of the Order after payment of the Prize (the "Confirmation of the Order").

1.c. In accordance with Article L. 122-1 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, passed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous Order.

5.2. Payment terms

 

2.a. Validation of the Order is subject to full payment of the Price on the Site.

2.b. Payment for the Order is made by PayPal or, where applicable, by any other means of payment authorized on the Site.

 

5.3. Ordering and payment for Personalized Product

 

3.a. If the Customer wishes to place an Order for a Personalized Product, he contacts the Seller by email at: contact@helimalala.com describing the expected characteristics and specifications of the Personalized Product.

3.b. Once the Seller and the Customer have agreed on the list of specifications and characteristics of the Personalized Product, the Seller establishes a Quote including a sketch and/or sketch and/or description of the Custom Product project.

3.c. Acceptance and/or signature of the Quote by the Customer constitutes full, definitive and irrevocable acceptance of the specifications of the Personalized Product project.

 

3.d. The Quote indicates the Price due by the Customer, the manufacturing times of the Personalized Product and the costs and delivery times.

3.e. Validation of the Order is subject to the signing of the Quote and the full payment of the Prize according to the payment methods indicated in the Quote.

6. DELIVERY

6.1. Delivery methods of delivery

 

1.a. Delivery will take place at the address indicated by the Customer at the time of the Order provided that the country of destination is actually authorized on the Site.

 

1.b. Delivery of a Product may be made to authorized countries via an external carrier adapted to the Product.

 

1.c. Delivery rates may vary taking into account the destination address of the Product. Thus, the Customer must refer to the price indicated when placing an Order, before validation of it.

1.d. Delivery times may also vary depending on the address provided by the Customer at the time of the Order.

6.2. Personalized Product Delivery (S)

2.a. Delivery takes place at the address indicated on the Quote, and according to the terms and deadlines detailed in the Quote.

 

2.b. Delivery times may vary depending on the expected specifications and manufacturing times of the Personalized Product.

6.3. Verification of delivery

 

3.a. The Customer becomes responsible for the Products upon delivery, and in particular for their damage or loss.

 

3.b. The Customer is required to check the condition of the packaging as well as the Products during delivery.

3.c. It is the Customer's responsibility to express reservations and complaints that he considers necessary, or even to refuse the package, when the package is manifestly damaged on delivery.

7. RIGHT OF WITHDRAWAL

 

7.1. Conditions and methods of withdrawal

 

1.a. In accordance with Articles L.221-8 et seq. of the Consumer Code, the Customer has 14 days to exercise his right of withdrawal, without having to give reasons for his decision.

 

1.b. This period runs from the receipt of the Product by the Customer.

 

1.c. If the Customer wishes to exercise his right of withdrawal, he must inform the Seller before the expiry of the period by sending, by mail or email, the form reproduced below (Withdrawal Form).

 

1.d. The Customer undertakes to return the Product in its original condition, so that it can be put back on sale in new condition, at the latest within fourteen days of communicating his decision to withdraw, under the conditions provided for in the "Returns" article of these GTC.

1.e. When the right of withdrawal is exercised, the Seller reimburses the Customer for the price paid by the latter during the initial transaction, plus delivery costs.

 

1.f. Attention: Before any order for a Personalized Product, the Customer was well aware that, by exception to the above, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized (Article L. 221-28 of the Consumer Code). Therefore, the aforementioned right of withdrawal is not applicable in the event of an Order for a Personalized Product.

 

1.g. The right of withdrawal applies only to the benefit of Consumer Customers with the exception of any Business Customer within the meaning of consumer law.

7.2. Withdrawal form

 

2.a. Please complete and return this form only if you wish to withdraw from the contract.

To the attention of:

 

Mrs. Virginie GUERRA

6 chemin des Vignes

02400 BONNEIL 

 

Email address: contact@helimalala.com

 

I/we hereby notify you of my/our withdrawal from the contract relating to the sale of the property/below:

 

Product Name:

Ordered on:

Received on:

Name of the Customer(s):

Address of the Client(s):

 

Signature of the Customer(s) (only if this form is notified on paper):

 

Date:

8. GARANTIES

 

8.1. In accordance with the provisions of the Consumer Code and the Civil Code, the Seller is held responsible for non-conformity as well as hidden defects in the Product.

8.2. The guarantee of conformity

 

2.a. The legal guarantee of conformity is provided for in Articles L211-4 et seq. of the Consumer Code, reproduced in full below.

 

2.b. As part of the implementation of this warranty, the Seller undertakes to repair or replace the Product, according to the Customer's choice unless this choice entails a cost manifestly disproportionate to the other modality, in accordance with Article L211-9 of the Consumer Code.

 

2.c. The return conditions are provided for in the following article "Returns".

 

2.d. If a replacement of the Product is impossible, the Seller undertakes to refund the Customer in full the price paid during the initial transaction, including shipping costs.

 

Article L211-4 of the Consumer Code:

 

The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when it has been charged to him by the contract or has been carried out under his responsibility.

Article L211-5 du code de la consommation :

 

Article L211-5 of the Consumer Code:

To comply with the contract, the property must:

1° Be fit for the usually expected use of a similar good and, if applicable:

- correspond to the description given by the seller and possess the qualities that he presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L211-12 of the Consumer Code:

The action resulting from the lack of conformity is statute-barred after two years from the delivery of the property.

8.3. The legal guarantee against hidden defects

 

3.a. The legal guarantee against hidden defects is provided for in Article 1641 of the Civil Code reproduced below.

 

3.b. As part of the implementation of this guarantee, the Customer has the option of returning the Product under the conditions presented in the "Returns" article, on condition that the Seller refunds the price, or keeps the product and requests a reduction in the price paid during the initial transaction.

Article 1641 of the Civil Code:

 

"The seller is bound by the guarantee because of hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. ”

 

Article 1648 (1) of the Civil Code:

 

"The action resulting from prohibitive defects must be brought by the buyer within two years of the discovery of the defect. ”

 

 

8.4. Guarantees of external components of the Products

 

8.5. The Products (in particular Custom Products) may be components from third-party suppliers. The Customer will therefore be subject to the guarantees of these suppliers for their respective components.

9. RETURNS

 

9.1. Conditions

 

1.a. The Customer has the possibility to return the Product as part of the implementation of his right of withdrawal, the guarantee of conformity and the legal guarantee against hidden defects.

9.2. Terms and conditions

 

2.a. The Customer undertakes to contact the Seller to communicate the reasons for the return and will attach, if necessary, any useful supporting documents.

 

2.b. Prior to the refund or replacement of the product, the Seller will carry out a verification as to the timeliness of this return (in particular if the request is justified and if it was made within the legal deadlines).

 

The contact address is: contact@helimalala.com

 

9.3. COSTS

 

3.a. In accordance with Article L221-23 of the Consumer Code, if the return of the Product is not possible by post, the return costs via a specialized carrier will be borne by the Seller.

3.b. Otherwise, the Customer will be required to pay the transport and postage costs corresponding to the shipping method he chooses.

10. TERMINATION OF THE ACCOUNT

10.1. Each Member is free to terminate his Account at any time, without reason. Any termination of the Account will result in the deletion of all Account Content.

 

11. CUSTOMER'S OBLIGATIONS

 

11.1. The Customer undertakes to use the Products reasonably and in good faith in accordance with their destinations and uses.

 

11.2. He is therefore solely responsible for his use of the Product. In particular, it is his responsibility to check that the Product corresponds to his needs before finalizing his Order.

12. RESPONSIBILITIES

 

12.1. Product Liability

 

1.a. The Customer is solely responsible for the use of the Product. As such, the Seller does not guarantee the adaptation of the Product to the Customer's needs.

 

1.b. The Seller will under no circumstances be liable for direct and/or indirect damage related to the installation of the Product or non-compliant use of the Product.

 

1.c. The Seller will under no circumstances be responsible for delivery delays that are the sole responsibility of the transport provider.

1.d. In any case, the liability that may be incurred by the Seller hereunder is expressly limited to the proven direct damage suffered by the Customer.

12.2. Responsibility for the Site

 

2.a. The Seller implements all reasonable measures to allow the Site to function 24 hours a day, 7 days a week but cannot guarantee it. The Seller cannot be held liable in the event of damage resulting, directly or indirectly, in particular:

. The operation, defect or lack of operation, access and/or use of the Site;

 

. Unavailability due to weakness or lack of network coverage by the Seller's and/or Customer's service provider;

 

. The usurpation of the Customer's identity on the Site to access his account;

 

. Malfunction or lack of routing of emails sent through the Site;

 

. Violation by a third party of the provisions of Articles 323-1 to 323-7 of the French Criminal Code punishing infringements of automated data processing systems, i.e. hacking practices of the Site;

 

. A case of force majeure preventing the Seller from providing access to the Site;

 

. Unauthorized or fraudulent loss or use of the Customer's username and password.

2.b. In addition, the Seller reserves the right to temporarily interrupt access to the Site for maintenance reasons.

12.3. Force majeure

 

3.a. The Seller cannot be held responsible for non-performance or delay in the performance of his obligations due to circumstances outside him or a case of force majeure, it being expressly specified that are considered force majeure, in addition to those usually retained by the case law of the French courts: Epidemics (in particular that of Covid-19), exceptional bad weather, natural disasters, fires and floods, lightning, wars, attacks, cases of rupture or blocking of telecommunications networks, means of transport or postal services including as a result of strikes, damage caused by viruses for which the means of safety existing on the market do not allow their eradication, as well as any legal or regulatory or public policy obligations imposed by the competent authorities and which would have the effect of substantially modifying these GTCS.

13. INTELLECTUAL PROPERTY 

13.1. The Seller's trademark "HELIMALALA" as well as all trademarks, figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the Products, their accessories and packaging, whether registered or not, are and will remain the exclusive property of the Seller.

 

13.2. Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited.

 

13.3. In addition, the Seller remains the sole owner of all intellectual property rights relating to the Products (including copyright, copyright, designs, patents, know-how, utility certificates) worldwide. Only a strictly personal, non-exclusive right of use, and conditional on the full payment of the price of the Products, is granted to the Customer on the Product(s) he has purchased. Thus, any copying, imitation, valorisation, commercial exploitation, resale of the Products will constitute counterfeiting and may be prosecuted criminally and/or civilly.

 

13.4. The Site (in particular, general structure, texts, animated or non-animated images, videos, sounds, and, in general, any constituent element of the site) is the exclusive property of the Seller and is protected by copyright (Articles L. 111-1 et seq. of the Intellectual Property Code) and intellectual property (database rights, trademarks, designs etc.). It is prohibited, privately or publicly, to reproduce, represent, copy, imitate, enhance, rent, sell, resell or exploit, whether for commercial or purely free purposes, all or part of the Site or its elements, unless the Seller expressly, prior and written consents. Any offender may be prosecuted civilly and/or criminally for the offences allegedly committed (counterfeiting, parasitism, etc.).

14. PERSONAL DATAS

 

14.1. As part of its activity, the Site is required to process information about Users, some of which is likely to identify them ("personal data").

14.2. The processing of these data is carried out in accordance with the provisions of Regulation (EU) of the European Parliament and of the Council of 27 April 2016 (GDPR) and French Law No. 78-17 of 6 January 1978 (Data Protection Act).

 

14.3. Information about the processing of this data by the Seller is contained in the Privacy Policy.

15. NULLITY OF A CLAUSE

 

15.1 In the event that a court of competent jurisdiction cancels, considers not applicable or dismisses any of the clauses of these GTCS, the other provisions contained in them will remain effective and in force.

16. MEDIATION

 

16.1. In accordance with the provisions of Article L6112-1 of the Consumer Code, the Customer has the choice to use a mediator to find an amicable solution to any disputes between him and the Seller.

 

In the event of a dispute between the professional and the consumer, they will endeavour to find an amicable solution.

 

In the absence of an amicable agreement, the consumer has the possibility to refer the matter free of charge to the consumer mediator to which the professional belongs, namely the Association of European Ombudsmen (AME CONSO), within one year of the written complaint addressed to the professional.

 

The referral to the Consumer Ombudsman must be made:

 

-              Or by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;

-             Or by mail addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS.

17. APPLICABLE LAW AND JURISDICTIONAL AUTHORITY

17.1. These GTC are governed by French law. French law takes precedence over any other contrary law applicable to the Customer.

17.2. In the absence of an amicable settlement, any dispute arising from the formation, execution or interpretation of these GTCS falls under the exclusive jurisdiction of the Commercial Court of Soissons.

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