HELLER’s Standard Terms and Conditions
Applicable as from 1 August 2014
The following terms and conditions of sales (the “GTCs”) govern all the transactions made online through the website www.heller.fr (the “WebSite”) by and between HELLER JOUSTRA, S.A. a French company with a share capital of 2.005.154 €, with a registered address at Z A de la Sente Verte 61160 in TRUN (FRANCE) and registered under the number RCS Alençon 494 261 050 (“HELLER”) and an individual, consumer (the “Customer”), which may order any of the products offered for sale on the WebSite (the “Products”).
All the Products are solely intended for the personal use of the Customer. The GTCs prevail on any other terms and conditions which may appear on any document. By accepting an order, the Customer recognizes that he/she is bound by these GTCs of which he/she declares has a perfect understanding.
HELLER may from time to time modify the GTCs. However, any future changes will not apply to a passed order, the applicable GTCs shall remain those accessible online and that are approved by the Customer when ordering.
The Customer declares being 18 years old or over and that he/she has full legal capacity or to have an authorization from his/her legal guardian in order to order on the WebSite.
Article 1. ORDERING
To place an order on the WebSite, the Customer must follow the following steps:
- Select one or more Products by indicating the quantity and click on ‘add to Shopping Bag’ button;
- Verify its order once he/she has finished selecting the Product(s) and correcting any possible errors. A summary screen of the order appears on the Client screen to facilitate this verification step of the order. This summary screen states in a clear and understandable manner the essential characteristics of the Product s), the price, the time, the cost and the delivery restrictions, the means of payment available;
- Confirm its order, after having verified it again and having read the GTCs, this confirmation constitutes the irrevocable acceptance of the order placed and of the GTCs. By clicking on the "Order with obligation to pay" button, the Client acknowledges that he is finalizing the order, with obligation to pay, and agrees irrevocably, once past the withdrawal period, tothe sale of the selected Products.
At any time and before any payment is made, the Customer can visualize the selected Product(s) or modify his/her order.
In addition, the Customer will need to create its own client account by providing the information indicated as mandatory. The opening of the client account can be done either prior to commencing the ordering process or prior to the final confirmation of the order. The Customer’s identification information relating to he/her client account are personal and allow the Customer to access the “My account”.
After having confirmed his/her order, the Customer receives on the email address he/she has indicated an acknowledgement of receipt of its order from HELLER. This acknowledgment of receipt includes a comprehensive summary of the order, the withdrawal form and these GTCs. The Customer is also notified by email when the order is shipped.
Subject to the Client’s exercise of his or her right of withdrawal, no final order, i.e. any order confirmed by HELLER, may be cancelled or modified by the Customer.
Article 2. EVIDENCE/ PROOF
All the data recorded by HELLER on the WebSite are proof of the transactions between HELLER and the Customer. The data recorded by the payment system are proof of the financial transactions.
Article 3. AVAILABILITY OF THE PRODUCTS AND THE REPLACEMENT PARTS
Products offers and prices are valid as long as they are displayed on the WebSite, subject to the availability of the Product in inventory. Indications as to the availability of Products are provided during the ordering process. In case of unavailability of the Product after confirmation of the order by HELLER, the Customer shall be notified by email or regular mail at the earliest date possible, the order shall be automatically cancelled and no money shall be withdrawn.
As the case may be, the Customer shall be informed of the date until when the replacement parts will be available for the ordered Products. This information is provided to the Client prior to confirmation of order and in the order acknowledgment receipt.
Article 4. DELIVERY & INSPECTION
Different types of shipping and delivery of the order are available. Shipping costs may hence vary depending on the type of shipping and delivery chosen by the Customer. For any order above € 60 all sales tax included, to be delivered in France - Metropolitan area, for a standard delivery, no shipping costs are charged. In all other events, shipping costs are charged to the Customer and will depend on the weight of the Products ordered and the address for the delivery. The time indicated for the delivery of the Product(s) to the Customer is a maximum period of time for a delivery in France-(Metropolitan area) and Monaco
The Product(s) ordered are delivered at the address indicated during the ordering process. The Customer is solely responsible of the exactitude of the information he/she has provided to HELLER during the creation of he/her client account and then when confirming the order in particular the address for delivery if it is different from the address for invoicing recorded while creating the client account. In any case, however HELLER reserves the possibility of splitting the however in multiple shipments.
The Customer must keep the acknowledgement of receipt or delivery slip signed if the case may be. The Customer must indicate any claims or demands that he deems relevant or even refuse the package if it is visibly damaged (for example: damaged, ripped, opened packaging,…). In addition, the Customer must indicate to HELLER all such claims and demands regarding the Product(s) delivered within the three (3) days following receipt of the Product. The Customer may obtain a reimbursement in the conditions set forth in article 7. If no claim or demand has been made in this time-frame, HELLER will have no obligation to take these into account or make any reimbursement or pay an indemnity. HELLER shall not be liable for any delay in the delivery due to (i) force majeure; (ii) a fault of the Customer; (iii) an unpredictable and irresistible fault or negligence by the carrier
Upon receipt, the Customer must also verify that the content of the package corresponds to the order placed. In case of non conformity of the Product(s) with the information appearing on the delivery slip, in quantity or nature, the Customer informs the HELLER's customer service by email and sends back the concerned Product(s) in the conditions set forth in article 7 at the address indicated in article 10.
When the delivery of the package is not possible because of the address indicated and that it is returned to HELLER, the order and the corresponding payment are canceled, and the sums charged are re-credited on the Customer’s bank account. In addition, the Customer will be offered by an email to re-order the Product(s) after having verified the address for the delivery before confirming his/her order. HELLER shall not be liable if a Product(s) is not available any more at this date.
Article 5. PRICES
The prices are in Euros (€) all sales tax included, and are indicated per Product or reference and are excluding any shipping costs that may be applicable. The price of any order is the price indicated on the page of the WebSite which summarizes the Customer’s order prior to the final confirmation of the order.
Any order regardless of the address for invoicing or the country for the delivery is payable in the euro currency (€) and the price to be paid is the sum indicated when the Customer finally confirms his/her order. HELLER reserves the right to change the prices at any time. However, the Product(s) ordered shall be invoiced at the prices indicated at the time of final acceptance of the order except if there is an obvious typing error (such an abnormally low price). The Product(s) shall remain the property of HELLER until it receives full payment of the price.
Article 6. PAYMENT
Payments are made by credit/debit cards Visa or Mastercard. Debit shall take place after verification of the credit/debit card’s details within the 48 hours following the acceptance of an order. The Customer is hereby informed that by communicating its credit/debit card’s details, he/she authorizes HELLER to debit its account of the price payable accepted at the time the Customer confirmed its order. In the event the account cannot be debited, the order will be cancelled and the Customer shall be informed. The Customer is solely responsible for the payment online, HELLER will not be liable for any payment difficulty related to the online payment system provided by a third party.
Article 7. REIMBUSEMENTS – WITHDRAWAL PERIOD
The Customer has a fourteen (14) calendar days withdrawal period following receipt of the Product(s) to exercise his or her right of withdrawal using the abovementioned withdrawal form, and request a reimbursement. If the withdrawal period ends on a Saturday, a Sunday or a bank holiday, the withdrawal period is extended to the next business day. HELLER shall not pay the shipping costs if the Customer has expressly chosen a non-standard delivery.
The Customer must return the Product(s), at the address indicated in article 10, the Product(s) within fourteen (14) calendar days. The Customer will bear the cost of returning the Product(s)HELLER undertakes to reimburse the Customer and/or replace any Product which suffers from a hidden defect rendering it unfit for its use. In such a case, the Customer, must describe such defect in details in his/her letter and send back the Product(s) along with a copy of the invoice. HELLER shall then reimburse or exchange the Product(s).
Reimbursement under the withdrawal right or the legal guarantee is only available if the Product(s)has not been deteriorated as a result of the handling of the Product(s) other than what is necessary to establish the nature, characteristics and functioning of the Product(s) . Hence, the Client must in particular verify the solidity of the parcel and for example that the parcel will be crushed during transportation. At the latest, reimbursements take place immediately after receipt by HELLER of the Product(s) returned by the Customer or immediately after the Customer has provided a proof of dispatch of the Product(s), whichever is the earliest of these facts. Reimbursement shall be done using the same payment method used by the Client for the initial order.
Article 8. PAYMENT SECURITY
The Website uses the Crédit Mutuel’s on-line payment platform. When the Customer indicates his/her bank details, he/she has directly access to this banking platform which uses security systems. The information relating to the credit/debit card are encrypted and are directly processed by our partner’s secured server, without HELLER having access to such data at any time. Heller only received a transaction number.
Article 9. FRAUD
HELLER reserves the right to cancel or refuse an order placed by a Customer with whom a dispute exists relating to any payment or abuse concerning previous orders, without any right to an indemnity for the Customer whatsover. More generally, HELLER may cancel or refuse any order which it deems suspicious or for any other legitimate reason.
For any order over 100 euros (all sales tax incl.) or placed by a Customer located outside of France or from over-seas French territories (“DOM-TOM”), HELLER may request the following information from the Customer: a copy of any proof of its personal address (ex: electricity bill), copy of its ID corresponding to the name on the credit/debit card used, copy of the payment means used. These documents may then be scanned and sent to HELLER by email at: firstname.lastname@example.org or by regular mail to: Heller Joustra S.A Chemin de la Porte 61160 Trun FRANCE.
Article 10. HELLER CUSTOMER SERVICE
The Customer can obtain information on passed or current orders, by login onto the “My account” space accessible from each page on the Webite. For any information or question relating to on-line purchases and the Webite, the Customer has access to the customer service: by email: email@example.com or by telephone: 0233677258 – by regular mail : Heller Joustra Chemin de la porte 61160 TRUN. If the request concerns a specific purchase order, the Customer will need to indicate the order’s reference.
Article 11. INTELLECTUAL PROPERTY
All texts, comments, books, illustrations and images appearing on the WebSite are protected worldwide under copyrights laws. As a consequence and pursuant to Property Code, any copy of all or part of the WebSite or any of its elements including trademarks is strictly unauthorized.
Article 12. LIABILITY
The Products comply with the French legislation in force. HELLER shall not be liable in case on non compliance with the laws of the country in which the Product(s) is/are delivered. The Customer bears the responsibility of verifying with local authorities the possibility to import or use the Product(s) that he/she intends to order. In addition, photographs appearing on the WebSite illustrating the Products are only for information purposes The Webite is accessible 24 hours a day and seven days a week, subject to its unavailability due to maintenance operations or in case of force majeure as defined by French courts case law or any other event that is beyond HELLER’s control. In addition, the Customer represents and warrants that he/she is fully aware of the characteristics and restrictions relating to the use of the Internet. In particular, Customer is aware that transmissions of data and information over the Internet have a relative reliability, as they transit through heterogynous types of networks with various technical capacities, which may disturb access to the Website or even impede it at times.
Consequently, HELLER shall not be liable for (i) any unavailability of the WebSite or the impossibility to confirm an order, of any difficulty encountered to access or a disruption during a visit of the WebSite by the Customer or while ordering for any reason whatsoever or (ii) of any damage suffered as a result of non compliance with the Product(s) instructions of use.
Article 13. WARRANTY
The Customer benefits from a two-year legal warranty of conformity of the goods and for hidden defects.
Article 1641 of the French Civil code:
“A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them”.
Article 1648 of the French Civil code:
“The action resulting from hidden defect is time-bared after a 2 year period from the date of discovery of the defect”
Article L.211-4 of the French Consumer code:
“The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility”
Article L.211-5 of the French Consumer code:
“To be compliant to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was disclosed to the seller and which the latter agreed to”
Article L.211-12 of the French Consumer Code:
“Action resulting from lack of conformity is time-bared after a two year period from the date of delivery of the product”
However, the above warranties shall not apply to any alterations of color, appearances of stains, breakdown, malfunctioning or breaks resulting from a fall, a fortuitous event or an event qualified as force majeure, an improper handling, a lack of maintenance by the Customer or non compliance with the rules for use or maintenance of the Products.
Article 14. PERSONAL DATA
HELLER shall keep confidential all the data communicated by the Customer. HELLER undertakes not to disclose to any third parties the information provided by the Customer. All such information is confidential and shall only be used for the purposes of the transaction. Pursuant to the French Law on Personal Data « loi informatique et libertés » dated January, 6 1978, the Customer has a right to access, to rectify and to refuse processing of all data that are qualified as personal. To exercise any of such right, the Customer needs only to send a letter to the address indicated in article 10.
Article 15. GENERAL PROVISIONS
No failure or delay by HELLER in exercising any of its rights or remedies contained or referred to herein shall be deemed to be a waiver of such rights or remedies.
If any provision of the GTCs is held to be invalid or unenforceable in whole or in part the validity of the other provisions of the GTCs or the order placed shall not be affected thereby.
The GTCs shall be governed by the laws of FRANCE.