Terms of Sales
Terms & Conditions of Sales
www.helixot.com (hereinafter the “WebSite”) is published by the company Helixot, SAS with a capital of 1,000 euros, whose siege social (registered office) is 1 rue Lacaille– 75017 Paris (75017), France, registered with the Paris RCS under n°824 334 171, intra-community VAT no. FR38824334171 (hereinafter Helixot or ‘the Company’).
The General Terms and Conditions of Sales detailed below apply to all orders placed with the Helixot company for all items and services offered on the Site www.helixot.com. They can be accessed at all times on the WebSite.
Helixot reserves the right to adapt or modify these General Terms and Conditions of Sale at any time, the version of the Terms and Conditions of Sale applicable to any transaction is that listed online on the WebSite www.helixot.com at the time of the order. The customer declares before validating his order that he is fully aware and that he accepts the present general terms and conditions of sale. The acceptance of the present general terms and conditions of sale by the customer rules out the application of all other contradictory conditions.
The purchase of Products on the WebSite is reserved to the non-professional customers. The purchase of Products by a professional in the view of selling on the Products is forbidden
In accordance with the french law to the articles 6 n° 2004-575 dated 21 juin 2004, hereby are the details
Publisher : Helixot
Design : Helixot
WebSite is published by the simplified stock company Helixot
Webmaster : Typic
The webSite is hosted by the company OVH
Description of the proposed services:
The products proposed for sale are the ones described on the WebSite www.helixot.com. Helixot gives the utmost care in the presentation and description of these products to satisfy at most the information of the customer. However it is possible that non-substantial errors may appear on the WebSite, which the customer recognizes and accepts.
Helixot reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue our web Site or any service, content, feature or product offered through our web Site, with or without notice; charge fees in connection with the use of the WebSite; modify and/or waive any fees charged in connection with the WebSite; and/or offer opportunities to some or all users of our web Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through our website.
Intellectual property rights
The brand «Helixot», the illustrations, logos and baselines, the pictures, the drawings and models appearing on the WebSite are the exclusive property of Helixot. Any full or partial reproduction, without the explicit, written and prior agreement of Helixot, is strictly forbidden pursuant to the articles L 335-2 and L 335-3 of the French Intellectual Property Code and constitutes both a counterfeit and a crime.
Computing & Freedom
The personal data collected by Helixot during an order by the customer are necessary to the management of the transaction and, for this reason, can be communicated in full or in part to Helixot’s counterparts involved in the execution process of the order. The customer is aware that these very personal data can also be collected by an organism in charge of the data analysis and the fight against credit card frauds.
In accordance to the French Computing and Freedom law n°78-17 of January 6th, 1978, the customer has a right to access, rectify, oppose and delete his personal data. At any time, the customer can exercise this right by submitting his request by email to Helixot, at the following address: email@example.com
For any other information, claim or question with regards to the present general terms and conditions of sale published by Helixot or about the articles/clauses themselves, customers will have to address to Helixot Customer Service by email at the following address:
firstname.lastname@example.org by mentioning the number and the date of the order.
The products offered for sale are those described on the WebSite on the day the internet user consults the WebSite, within the limit of available product stock. Helixot takes the greatest care in the presentation and description of these products in order to provide the customer with the best possible information.
However, it is possible that non-substantial errors may appear on the WebSite, which the customer acknowledges and agrees to.
Acceptance of an order placed on the WebSite is subject to compliance with the procedure put in place by Helixot, expressed by a succession of different stages that the customer must follow in order to validate their order.
Any order validated by the customer is in accordance with the contract of sale and acceptance of all of the clauses of these terms and conditions.
An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the customer by Helixot. For this purpose the customer formally accepts the use of email for receiving confirmation of the contents of their order from the company Helixot.
The customer has 15 (fifteen) calendar days to exercise their withdrawal period from receipt of the package.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
PRICES AND TERMS OF PAYMENT
The prices applicable to the orders are the one presented on the WebSite at the time of the order. The prices are indicated in euros and include all taxes and are governed by French legislation. Any change of the legal applicable VAT rate will be automatically applied to the prices of the products right from its entry into force.
Helixot reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order.
The purchases shall be settled either via PayPal, or via the secure platform provided by our partner Stripe. The customer expressly acknowledges that disclosure of their bank card number to Stripe gives the company authorization to debit their account to the amount of the products ordered.
The data recorded and kept by Helixot constitutes proof of the order and all previous transactions. The data recorded by PayPal or Stripe constitutes proof of the financial transactions.
The delivery is made to the delivery address indicated by the customer, being specified that it must be the address of the customer’s residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
Wherever you live, Helixot delivers your Products as soon as possible and in most countries around the world.
The customer must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.).
Helixot cannot be held responsible for any consequences due to a delivery delay not of their own making.
Any customs or import duties are charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you may want to contact your local customs office for further information.
RIGHT TO WITHDRAW
In accordance with the articles L 121-20 and following of the French Consumer Code, the customer benefits from a withdrawal period of fourteen (14) working days from the delivery date of the goods to practice his withdrawal right on his order and send the ordered items back without having to give any reasons nor to pay any penalties except for the return fees which will remain his responsibility. The postmark or the date of the (delivery) receipt is the starting point of this period. When this period comes to an end during a weekend, a public holiday or a day-off, it is extended until the next working day. The return or cancellation may concern all or part of the order.
In any case, the items will have to be returned in their original packaging, complete, labeled, new, non-worn, non-washed and with the number of order, at the following address:
1 Rue Lacaille
The returned items which do not comply with the conditions detailed here above (returned in the original packaging, complete, labeled, new, non-worn, non-washed – see above) or which are damaged, deteriorated or soiled by the customer will not be refund.
The fees and risks of return are always paid by the customer. The customer is therefore strongly advised to send the parcel back by any mean which provides proof of its sending and which gives it a definite date (registered with acknowledgement of receipt, Colissimo track, etc.).
Once the goods have been received, controlled and accepted by our services, the reimbursement of the returned articles to the price charged will be credited on the customer bank account. The customer will be refunded in the best times and no later than within 30 working days from the reception, by Helixot, of the returned items.
Beyond this period of fourteen (14) days from the delivery, the goods will not be taken back, nor exchanged, nor reimbursed.
If any provisions of this Terms & Condition of Sales are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope
APPLICABLE LAW AND JURISDICTION
These General Terms & Condition of Sales are governed by the laws of France.
In the event of a dispute between the Client and Helixot concerning the interpretation, performance or termination of this Terms & Condition of Sales, Helixot strongly encourages the Client to contact the company in the first instance to attempt to resolve the disagreement amicably. Helixot hereby notifies Clients that there are alternative dispute settlement options such as mediation or arbitration.
If no amicable solution to the dispute is found, Helixot and the Client agree to refer the dispute to the French courts. The terms of this article do not deprive consumers of their right to take legal action, or to defense in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as set out in the legislation applicable in their country of residence.
GUARANTEES AND RESPONSIBILITY
Helixots liability related to the Products is limited to the sale price of each product. Helixot will not be responsible or liable for any following losses, whenever its cause:
– Loss of benefit or sales
– Loss or revenue
– Loss of profits or contract or opportunity
– Loss of expecting savings
– Loss of data
– Loss of business, management or administration time
– Damage to the image
– Lost chance and especially of sale or purchase of a product
– Psychological damage.
Documents, details, descriptions and information related to the Products published on the WebSite are not covered under any guarantee, express or implicit, except the guarantees provided by law.
Helixot is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the WebSite; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.
Helixot is not responsible for damage of contents in the Product.
According to legal regulations, Helixot guarantees the customers against compliance and latent defects, under the following conditions:
In case of visible defect of a Product, the customer shall send a demand to email@example.com within 3 days from the Delivery date. All demands shall mention the defect concerned. Failing that, the demand won’t be accepted and no return or exchange will be possible. The Product shall be returned, with its original packaging, with the original labels, brand new, without having used it or washed it, and which the Order reference and copy of such demand shall be sent by mail to: Helixot – 1 rue Lacaille – 75017 Paris.
Visible defect confirmed by Helixot shall give rise, depending of the demand’s content and the nature of the defect, to exchange or repayment or a voucher.
Non-compliance, latent defects
Subject to the confirmation of a non-compliance or a latent defect by Helixot or the manufacturer, as the case may be, the customer shall enjoy the following guarantees:
Helixot, with a registered office located at 1 rue Lacaille – 75017 Paris, France, acting as a “guarantor” with the meaning mentioned in articles L217-5 and seq. French Code de la Consommation and articles 1641 and seq. of the French Code Civil.
The customer may introduce an action resulting from lack of conformity lapses two years after delivery of the Product ;
– In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery;
– In the event of lack of conformity, the buyer shall choose between repair and replacement of the product, subject to the costs according to Article L217-9 of the French Code de la Consommation.
The legal guarantee of compliance applies regardless the commercial guarantee described below.
The Customer may also introduce an action based on the latent defect as the meaning of Article 1641 and seq. of the French Code Civil. Such legal guarantee of latent defect allows the Customer to ask for the repayment of a product which is not compliant with the use which may reasonably be expected of it, within 2 years from the discovery of the latent defect.
The Customer has the choice between two options: keep the Product and ask for a price discount or return the Product and ask for the complete repayment of the price paid, according to the Article 1644 of the French Code Civil.
Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, the whole of the applicable texts are reproduced here in english
Art. L. 211-4 of the French Consumer Code: The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.
Art. L. 211-5. of the Consumer Code: To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the customer in the form of a sample or model; b) have the qualities that a customer might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the customer that has been brought to the notice of the seller and which the latter has accepted.
Art. L. 211-12 of the Consumer Code: Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.
Art. 1641 of the Civil Code: A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the customer would not have purchased it, or would only have offered a lower price for it, had they known of them.
Art. 1648, paragraph 1 of the Civil Code: The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.