GENERAL TERMS & CONDITIONS for ONLINE SALES
Article 1. - Entirety
The present general conditions of online sale apply to the sales of finished products, to the sales of personalized pre-ordered products proposed on the website www.hellen-paris.com, to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of other distribution and marketing circuits.
If a condition of sale were to be lacking, it would be considered as being governed by the practices in force in the online sales sector where the Company's head office is located, i.e. in France.
HNG, whose registered office is located at 9, rue Armand Moisant - 75015 Paris - France (hereinafter referred to as "the Company") and the customer (hereinafter referred to as "the Customer") agree that the present general terms and conditions exclusively govern their relationship in the context of online sales. The Company reserves the right to modify or adapt its general conditions of online sale at any time without prior notice. The modified version of the General Terms and Conditions of Sale online (hereinafter referred to as "GTC") will only be applicable to purchases made after it has been posted online, so the customer is invited to consult them before each purchase.
Article 2. - Object
These terms and conditions set out the rights and obligations of the parties with respect to on-line sale of products by the Company to the Customer, via the website www.hellen-paris.com.
Article 3. - Pre-contractual information
3.1. The Customer confirms having received a legible and intelligible copy of these terms and conditions of sale and all the information listed in article L. 111-1 of the French Consumer Code prior to placing an order and signing the agreement.
3.2. The following information is provided to the Customer in a clear and intelligible form:
the essential features of the product,
the price of the product,
if the contract is not immediately fulfilled, the date or deadline on which the Company undertakes to deliver the product, irrespective of its price,
information relating to the name, postal address, telephone number and email address of the Company, and its activities,
information relating to statutory warranties, the functions of digital content and, where appropriate, the interoperability of such content, the existence and terms of warranties and other contractual conditions.
3.3. The Company shall provide the following information to the Customer:
its name or company name, the geographical address of its business premises and, if different, the address of the registered office, telephone number and email address,
terms of payment, delivery and execution of the contract, as well as the company’s procedures for handling complaints,
the existence and terms of exercise of the statutory warranty as per articles L. 217-4 to L. 217-14 of the French Consumer Code and the warranty for hidden defects as per articles 1641 et seq. of the French Civil Code.
3.4. With regard to digital content, the Company indicates the existence of any pertinent interoperability with certain hardware or software of which it is or should reasonably be aware.
Article 4. - Orders
The Customer can order products on-line, subject to stock availability. If a product ordered is unavailable, the Customer will be informed by email.
For an order to be confirmed, the Customer is required to accept these terms and conditions, by clicking where indicated. The Customer shall also provide a delivery address, choose a mode of delivery and, finally, confirm the payment method.
The sale will be deemed final:
after the Company has emailed the order confirmation to the Customer,
after the Company has received the price in full,
By ordering, the buyer accepts the prices and descriptions of products available for sale. Any dispute in this regard can be raised with the seller and will be covered by the warranties mentioned below.
In certain cases, including non-payment, incorrect address or other issue with the Customer’s account, the Company reserves the right to stop the Customer’s order until the problem is resolved.
The order concerned will then be cancelled or reimbursed where applicable, and the rest of the order shall remain firm and final.
For all questions regarding orders, the buyer can contact us at : contact@hellen.fr
Article 4bis : - E-commerce with option of pre-order to be personalized on appointment
The E-commerce with option of pre-order (available on certain articles only presented on the site www.hellen-paris.com) is subjected to the respect of the procedure set up by the company HNG, this includes the following successive steps, leading to its delivery, the estimated deadline between the pre-order and the delivery being necessarily longer than for an order of product in stock:
a. Selection of the pre-ordered product
When visiting the PRODUCT page of the site, it is mentioned if such or such product is available on pre-order with personalization,
b. Request for an appointment
Request an appointment via the link under the product in question, subject to the acceptance of the GTC and the Privacy Policy, and to the consent or refusal to subscribe to the newsletter by ticking the appropriate box,
c. Physical or remote meeting (via email communications)
Physical or remote meeting (via email communications) during which will be presented: prototype(s) or product(s) chosen, with options of possible materials proposed to the customer,
d. Sending of quotation
Sending of the quotation by e-mail within 15 to 30 days including a detailed summary of the pre-order, an estimate of the necessary manufacturing time as well as the costs and delivery time. For a pre-ordered and personalized product, a delay of 3 to 6 months will be necessary, depending on the available materials and the time needed to make the product
e. Validation of the pre-order
Validation of the pre-order subject to acceptance of the T&Cs, the Privacy Policy, and to the consent or refusal to subscribe to the newsletter by ticking the appropriate box, and the payment of a non-refundable deposit of 70% of the total, according to the invoice available on your online customer account at www.hellen-paris.com, (online payment or bank transfer),
f. Confirmation of the finalized pre-order
Sent by e-mail, a confirmation of the finalized pre-order with the final invoice mentioning the balance to be paid (including the delivery costs and all other related costs such as VAT if applicable), according to the invoice available on your online customer account at www.hellen-paris.com, (online payment or bank transfer),
g. Payment of the balance before delivery of the personalized product
Delivery of the personalized product subject to the online payment (or bank transfer) of the non-refundable balance, to the acceptance of the T&Cs, the Privacy Policy, and to the consent or refusal to subscribe to the newsletter by ticking the appropriate box. According to the article L. 121-21-8 3 of the French Code, the absence of any possibility of retraction and refund is only applicable to pre-ordered and customized products.
Article 5. - Electronic Signature
By providing a payment card number on-line and finalizing the order, the Customer accepts and confirms the following:
- liability for payment of the sums due for the order,
- signature and express acceptance of all transactions carried out,
In the event of fraudulent use of a credit card, please contact us immediately at : contact@hellen.fr
Article 6. - Proof of transaction
The computerized records, held in the Company’s computer systems in a reasonably secure form, will be deemed evidence of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 7. - Product information
The products governed by these terms and conditions are those presented on the Company’s website and indicated as sold and dispatched by the Company. They are offered subject to stock availability.
The products are described and presented as accurately as possible and the photographs of products are as faithful as possible. However, we cannot guarantee that the product offered will be identical, particularly with regard to colors.
Article 8. - Price
The Company reserves the right to amend its prices at any time but undertakes to apply those in effect at the time of ordering, depending on the stock availability on this date. Prices are indicated in Euro. They do not include delivery costs which are invoiced in addition and indicated prior to confirmation of the order. Shipments to the region of Ile-de-France, France and countries within the European Union are free. VAT is not applicable article 293 B of the french General Tax Code - CGI - Code Général des Impôts.
Orders for non-EU countries are shipped exempt from VAT. Customers are liable for the payment of the VAT applicable in their country as well as possible applicable customs duties, at the time of delivery.
The full price must be paid on ordering. Sums paid cannot be considered as deposits or down-payments at any time. If one or more taxes or contributions, including environmental taxes, are created or amended (increased or reduced), such changes shall be reflected in the sale price of the products.
Article 9. – Method of Payment
Orders are accompanied with an obligation to pay, which means that the placing of the order implies payment by the Customer.
Customers can choose from all methods of payment offered by the Company and listed on the website www.hellen-paris.com to pay for their orders. Customers guarantee to the Company that they have the necessary authorizations to use the method of payment chosen when confirming the order. The Company reserves the right to suspend any orders and deliveries in the event of the official accredited organizations refusing to authorize a card payment or in the event of a non-payment. In particular, the Company reserves the right to refuse to make a delivery or honor an order from a Customer who has not fully or partly paid a previous order or if there is an ongoing payment dispute with such Customer. The Company has implemented a process for checking orders to ensure that no one is using another person’s banking details without their knowledge.
As part of this process, the Customer may be requested to send a copy of an identity document and proof of address to the Company by email. The order will then only be confirmed after the Company has received and checked the documents sent.
Payment of the price is made in cash at the time of the order, according to the following procedures: STRIPE and credit cards accepted by STRIPE: VISA / MASTERCARD / AMERICAN EXPRESS or APPLE PAY.
Payments made by the Customer shall only be considered final after the Company has effectively received the sums due.
Article 10. - Product availability – Reimbursement – Cancellation
Except in cases of force majeure or during closure of the on-line store which will be clearly announced on the website’s homepage, shipping times will be as indicated below, subject to stock availability. Shipping times shall run from the date on which the order is registered as indicated on the order confirmation email.
For deliveries in the region of Ile-de-France, delivery is 2 to 4 working days from the day after the order is placed.
For deliveries in mainland France, delivery is 2 to 5 working days from the day after the order is placed.
For deliveries within the EU, delivery is 4 to 7 working days from the day after the order is placed.
For deliveries to third countries, delivery is 7 to 15 working days from the day after the order is placed.
If the agreed delivery date or time is not met, the Customer shall grant the Company a reasonable additional period of time to comply before cancelling the contract. If the Company does not fulfil the order by the end of this new period of time, the Customer is free to cancel the contract. The Customer shall fulfil these various formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The contract will be deemed cancelled on receipt by the Company of the letter or written notice of such cancellation, unless the Company has honored its obligations in the meantime. The Customer may, however, immediately terminate the contract, if the dates or periods referred to above constitute for him an essential condition of the contract.
In this case, when the contract is cancelled, the Company is required to reimburse the Customer for all sums paid, no later than within 14 days after the date on which the contract has been cancelled.
If the ordered product is unavailable, the Customer will be informed as soon as possible and will have the option to cancel the order. The Customer will then have the choice between asking for a refund of the sums paid no later than 30 days after payment or the exchange of the product.
The delay to be foreseen in the course of a pre-order (as defined in article 4bis) being necessarily longer than in the course of an order of product in stock.
Article 11. - Terms of delivery
Delivery entails the transfer to the Customer of the physical possession or control of the product. It only takes place after confirmation of payment by the Company’s bank. Products ordered are delivered as follows:
Region Ile-de-France: Ecological bicycle delivery mode or Colissimo.
Mainland France: Colissimo.
Europe: Colissimo International or DHL.
Other destinations: DHL.
Products are delivered to the address indicated on the order by the Customer who must check its accuracy. Any package returned to the Company due to an incorrect or incomplete address will be re-shipped at the Customer’s expense. The Customer may ask for an invoice to be sent to the billing address rather than the delivery address, by ticking the designated option on the order form.
If the Customer is absent on the date of delivery, the carrier will leave a notice in the letter box which can be used to collect the package at the location and at the time indicated. If the original packaging is damaged, torn or open on delivery, the Customer must check the condition of the items. If they have been damaged, the Customer must refuse the parcel and record the details on the delivery slip (parcel refused because opened or damaged).
The Customer must record any issue concerning the delivery (damage, missing product compared to delivery note, damaged package, broken products...) on the delivery note in writing along with their signature.
Article 12. - Passing of risk
The passing of ownership shall only occur after the Customer has paid the price in full, irrespective of the delivery date.
Delivery is deemed to be made when the products ordered have passed from the Company to the Customer or a third party designated by the buyer.
Article 13. - Statutory warranty of conformity and statutory warranty for hidden defects
HNG warrants that the goods shall comply with the contract made, allowing the Customer to make a claim under the statutory warranty stipulated in articles L. 217-4 to L. 217-14 of the French Consumer Code or the warranty for defects in an item sold as per Articles 1641 et seq. of the French Civil Code.
Note that in the event of a claim under the statutory warranty, the Customer:
has a period of two years from the delivery of the product to take action,
can choose between the repair or replacement of the product, subject to the cost conditions stipulated by article L. 217-9 of the French Consumer Code,
is released from the obligation to provide proof of the non-conformity of the product for 24 months after the delivery of the product,
may decide to make a claim under the warranty for hidden defects in an item sold as per article 1641 of the French Civil Code. In this case, the buyer can choose between the cancellation of the sale or a reduction in the price in accordance with article 1644 of the French Civil Code.
Article 14. - Right of withdrawal
In accordance with the provisions of the French Consumer Code, the Customer has a period of 14 working days from the date of delivery of the order to return any unsuitable item and request a refund, without any penalty, except the return costs which remain payable by the Customer if he is located outside mainland France.
The products must however be returned in their original packaging and in perfect condition within 14 days after the notification to the Company of the Customer’s decision to exercise the right of withdrawal.
Products must be returned complete and in their original condition (packaging, accessories, instructions...) so they can be resold as new, along with the purchase invoice to the Company address. Damaged, soiled or incomplete products are not accepted for return.
The right of withdrawal can be exercised on-line Right of Withdrawal Form In this case, a confirmation of receipt on a durable medium shall be sent to the Customer immediately. Any other method of giving notice of withdrawal is accepted. It must be devoid of ambiguity and express the wish to withdraw.
If the right of withdrawal is exercised within the above-mentioned period, the price of the product or products purchased and the delivery as well as return costs are reimbursed for Customers located within mainland France. The costs of returning products are paid by the Customer when he is located outside mainland France.
In the event of a withdrawal, the refund will be paid no later than 14 days from the date on which the Company is informed of the Customer’s decision to retract but that, in this case, the Company may also choose to defer this refund until the product(s) are recovered.
In accordance with article L. 121-21-8 3 of the French Consumer Code, there is an exception to the right to cancel the sales order for Products that include a specific personalization element directly chosen by the Client and accepted or validated by the company (i.e. pre-ordered and personalized products as defined in article 4bis).
Article 15. - Force majeure
All circumstances beyond the control of the parties preventing the fulfilment of their obligations under normal conditions are deemed to be causes of exemption from the parties’ obligations and result in their suspension. The party citing the circumstances referred to above must immediately notify the other party when they occur and when they cease.
Cases of force majeure shall include all events or circumstances that are uncontrollable, unforeseeable, inevitable, beyond the control of and unconnected with the parties, which they cannot prevent despite all reasonably possible efforts. In addition to the force majeure events usually adopted by the case law of the French courts, force majeure and unforeseeable circumstances shall expressly include blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightening, epidemics, interruption of telecommunication networks or difficulties specific to telecommunication networks not connected with customers.
The parties will meet to review the impact of the event and agree on the conditions under which the contract can continue. If the force majeure event lasts longer than three months, these terms and conditions can be cancelled by the injured party.
Article 16. - Intellectual property
The Customer expressly acknowledges the ownership of HNG of the content of the Site and in particular of the copyrights, trademarks, domain names, designs and models, logos and other intellectual property rights appearing therein. Any reproduction, representation or dissemination of all or part of the Site or of any of its elements, in whole or in part, in any form whatsoever, without the express prior authorisation of HNG, is likely to constitute an infringement of copyright, an offence provided for and punishable by virtue of Articles L. 716-1 and L. 335-2 and next of the Intellectual Property Code. It is agreed that no transfer of intellectual property rights is made through these GTC online general conditions of sale. In addition, the logos of partners remain the property of the partners.
Article 17. - Data Protection
The personal data provided by the Customer is needed to process the order and issue invoices. Such data may be shared with the Company’s partners given responsibility for the processing, management and payment of orders.
The information collected may be used to send the Customer www.hellen-paris.com promotions or advertising. When registering, the Customer can choose to subscribe to the newsletter by ticking the associated box. The Customer can also unsubscribe at any time by clicking on the link in e-mails, newsletters or contacting www.hellen-paris.com.
All information relating to compliance with the General Data Protection Regulation (EU Regulation 2016/679) by www.hellen-paris.com is available on the website on the Privacy Policy page.
The Customer has a permanent right to access, alter, rectify and object to information held. This right can be exercised under the conditions and according to the processes set out in the Privacy Policy section.
Article 18. - Severability
If any stipulation of these terms and conditions is found to be invalid or declared as such pursuant to a law, regulation or final decision by a competent court, the remaining stipulations shall retain their full force and effect.
Article 19. - No waiver
The failure by either party to enforce any obligations mentioned herein not fulfilled by the other party shall not be deemed a waiver of the obligation in question for the future.
Article 20. - Headings
In the event of difficulty of interpretation between the heading of any clause and its contents, the heading shall be disregarded.
Article 21. - Language of the contract
These general terms and conditions of online sales are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 22. - Consumer mediation
In accordance with the provisions of articles L. 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes, when the Customer has sent a written complaint to the Company and has not obtained satisfaction or a response within two months, such claim can be submitted to www.ec.europa.eu or to the consumer mediation service free of charge. The matter must be referred to the mediation service within a maximum of one year from the date of the initial complaint.
In accordance with the provisions of articles L. 611-1 and R 612-1 et seq. of the French Consumer Code, HNG has set up a consumer mediation system. The mediation entity chosen is: SAS CNPM - MÉDIATION - CONSOMMATION. In the event of a dispute, the consumer may file a claim on the site : www.cnpm-mediation-consommation.eu or by mail by writing to : CNPM - MÉDIATION – CONSOMMATION, 27, avenue de la Libération - 42400 SAINT-CHAMOND - France
Article 23. - Governing law
These terms and conditions are subject to the application of French law excluding the provisions of the Vienna Convention. This applies to the substantive rules and rules of form. In the event of a dispute or claim, the Customer shall contact the Company primarily with a view to obtaining an amicable solution. The French courts shall have sole jurisdiction.
APPENDIX
Provisions relating to statutory warranties
Reproduction of French Consumer Code: Articles L. 217-4, L. 217-5, L. 217-12
Reproduction of French Civil Code: Articles 1641 and 1648
FRENCH CONSUMER CODE
Article. L. 217-4
The seller is required to deliver goods that conform to the contract made between the parties and is liable for any defects in this regard existing at the time of delivery.
It is also liable for defects resulting from packaging, assembly instructions or installation when such installation is incumbent on it under the contract.
Article. L. 217-5
To conform to the contract made between the parties, the product must:
Be fit for the use ordinarily expected of such a product and, if applicable:
match the description given by the seller and have the features the seller presented to the buyer in the form of a sample or a model,
have the features a buyer can legitimately expect given the public statements made by the seller, the producer or its representative, particularly in advertising or labelling;
Or have the features defined by mutual agreement by the parties or be fit for any special use sought by the buyer, brought to the knowledge of the seller and accepted by it.
Article. L. 217-12
Actions resulting from non-conformity are limited to two years from the date of the delivery of the product.
FRENCH CIVIL CODE
Article 1641
The seller is bound by the warranty for hidden defects in an item sold that render it unfit for the use for which it was intended or diminish such use to the degree that the buyer would not have bought it or would only have paid a lower price having known this.
Article 1648
Actions resulting from latent defects must be brought by the buyer within a period of two years from the date the defect is discovered.
In the case provided for by Article 1642-1, the action must be brought within the year after the date on which the seller can be discharged from visible defects, failing which it shall lapse.