GENERAL CONDITIONS OF SALE
Between the company By Hela, registered in the Trade and Companies Register under SIRET number 88386590900021, represented by Ambrine Bellage as manager, duly authorized for the purposes hereof. The company can be contacted by email by clicking on the contact form accessible via the home page of the gigicb.com website. Hereinafter the "Seller" or the "Company".
On the one hand, And the natural or legal person purchasing products or services from the company, Hereinafter, "the Buyer", or "the Customer" On the other hand, It has been set out and agreed as follows:
PREAMBLE
The Seller is a publisher of ready-to-wear Products and Services for consumers, marketed through its websites (www.byhela.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: Purpose
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTC) govern the sales of Products or Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable T&Cs are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These T&Cs can be viewed on the Company's website at the following address: www.maison-hela.com
The Company also ensures that their acceptance is clear and without reservation by setting up a checkbox and a validation click. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale related to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer is suitable for his needs.
The Client declares that he is able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for accessing the Company's websites are the responsibility of the Customer. Also, where applicable, delivery costs.
Article 4: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete their order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if applicable its options and indication of the Customer's essential data (identification, address, etc.); ➢ Acceptance of these General Terms and Conditions of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow the instructions for payment, and payment of the products. ➢ Delivery of the products. The Customer will then receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. They will receive a .pdf copy of these general terms and conditions of sale. For products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide their true identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
During the ordering process, the customer will have the opportunity to identify any errors made in the data entry and to correct them. The language proposed for the conclusion of the contract is French.
The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. Where applicable, the professional and commercial rules to which the author of the offer intends to submit are available in the "additional rules" section of these General Terms and Conditions, available on the Seller's website at the following address: www.byhela.com. The archiving of communications, the order, the order details, as well as invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or by any other appropriate process, of the prices and specific conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The sale price of the product is the one in force indicated on the day of the order, this does not include the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products or services are not executed immediately, clear information is given on the product presentation page regarding the delivery dates of the products or services. The customer certifies having received a breakdown of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limit of available stocks of Products only. Failing this, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless special conditions apply, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).
Article 6: Conformity
In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these General Terms and Conditions meet the requirements in force relating to the safety and health of people, the fairness of commercial transactions and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for defects in conformity and hidden defects in the product.
In accordance with Article L.217-4, the seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility.
In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), the Seller refunds or exchanges defective products or those that do not correspond to the order. Refunds can be requested in the following manner: Please contact us via the contact form in the contact section at the bottom of the page.
Article 7: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 8: Delivery terms
The products are delivered to the delivery address that was indicated when ordering and the time indicated. This time does not take into account the order preparation time. In the event of a delay in delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller will then reimburse the product and the "outbound" costs under the conditions of Article L 138-3 of the Consumer Code.
The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure order tracking. The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered.
Article 6-2: Delivery times
Colissimo delivery time: 48 to 72 hours - working days
Colissimo International delivery time: 4 to 5 working days
Article 9: Availability and presentation
In the event that an item is unavailable for a period exceeding 14 working days, you will be immediately notified of the expected delivery times and the order for this item may be cancelled upon simple request. The Customer may then request a credit for the amount of the item or a full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating your information
banking information at the time of sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately terminated by operation of law and the order canceled.
Article 11: Withdrawal period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order.
The right of withdrawal may be exercised by contacting the Company in the following manner: Please contact us via the contact form in the contact section at the bottom of the page. . We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal may not be exercised for
- Cosmetic products that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection are excluded from the right of withdrawal . In the event of exercising the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be refunded, the return costs remain the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be re-sold as new; they must, if possible, be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you will find the standard form by email by contacting our company.
Article 12: Guarantees
In accordance with the law, the Seller assumes the following guarantees: conformity and relating to hidden defects in the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made as follows: Please contact us via the contact form located at the bottom of the page, contact section. The Seller reminds that the consumer has a period of 2 years from the delivery of the goods to take action with the Seller, that he can choose between the replacement and the repair of the goods subject to the conditions provided for by the aforementioned provisions apparently defective or do not correspond that he is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. That except for second-hand goods, this period will be extended to 24 months from March 18, 2016, that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction in the sale price (provisions of articles 1644 of the Civil Code.
Article 13: Complaints and mediation
If applicable, the Buyer may submit any complaint by contacting the company using the following contact details: Please contact us using the contact form located at the bottom of the page, contact section.
In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
If the complaint request to the Seller's customer service fails, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together with a view to reaching an amicable solution.
Article 14: Termination of the contract
The order may be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases: — delivery of a product that does not comply with the characteristics of the order; — delivery beyond the deadline set when ordering or, failing that, within thirty days of payment; — unjustified price increase or modification of the product. In these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract
If one of the provisions of this contract were to be cancelled, this nullity would not entail the nullity of the other provisions which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.
Article 18: Protection of personal data
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements a processing of personal data for the purpose of the sale and delivery of products and services defined in this contract. The Buyer is informed of the following: - the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these General Terms and Conditions; - the contact details of the data protection officer: the legal basis for the processing: contractual performance, the recipients or categories of recipients of the personal data, if they exist: the data controller, its marketing departments, the IT security departments, the department responsible for sales, delivery and ordering, the subcontractors involved in the delivery and sales operations and any authority legally authorised to access the personal data in question - no transfer outside the EU is planned - the data retention period: the duration of the commercial prescription - the data subject has the right to ask the data controller for access to, rectification or erasure of personal data, or a limitation of the processing relating to the data subject, or the right to object to processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the establishment of the invoice (obligation legal) and the delivery of the ordered goods, without which the order cannot be placed. No automated decision or profiling is implemented through the ordering process.
Article 18: Applicable law and clauses
All clauses appearing in these general conditions of sale, as well as all purchase and sale transactions referred to therein, will be subject to French law.
The invalidity of a contractual clause does not entail the invalidity of these general conditions of sale.
Article 19: Consumer information
For the purposes of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code: The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.
Our general conditions of sale were drawn up on the site https://www.donneespersonnelles.fr/