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©2018 Heleor

General terms and conditions of use

Any order for a product appearing in the shop on the HELEOR.FR website requires prior consultation of these general terms and conditions.Consequently, the customer acknowledges that he/she is fully informed of the fact that his/her agreement regarding the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the website shop. The customer has the right to save or edit these general conditions, it being specified that both the saving and editing of this document are his sole responsibility.

ARTICLE 1: PURPOSE
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by HELEOR represented by NERON Sarah.

ARTICLE 2: ENTRY INTO FORCE - DURATION
These general conditions come into force on the date of signature of the order form. These general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees due by HELEOR.

ARTICLE 3: ELECTRONIC SIGNATURE
The customer's click on the checkbox to validate the conditions of sale constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

ARTICLE 4: ORDER CONFIRMATION
Contractual information will be confirmed by e-mail as soon as possible to the address indicated by the customer on the order form.

ARTICLE 5: PROOF OF THE TRANSACTION

The computerized records, kept in HELEOR's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

ARTICLE 6: PRODUCT INFORMATION
6-a : HELEOR presents on its website the products for sale with the necessary characteristics that allow the potential customer to know before the final order is placed the essential characteristics of the products he wishes to buy.
6-b : The offers presented by HELEOR are only valid within the limits of available stocks.
6-c : As the post office boxes are second-hand items, HELEOR cannot be held responsible for any damage.

ARTICLE 7: PRICE
Prices are indicated in euros All taxes included, excluding shipping costs, invoiced in addition and indicated before the validation of the order.
Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. The products remain the property of HELEOR until the full price has been received by the Company. The price is payable in full.

ARTICLE 8: METHOD OF PAYMENT
To pay for his order, the customer has, at his choice, all the payment methods referred to in the order form either:
- By credit card, Visa, Mastercard, Eurocard.
Payment is validated upon receipt of the additional information requested in the event of payment by credit card requiring additional checks.
Payment is due at the time of order. Payments will be made online by credit card. They will be carried out through the STRIPE secure system, which uses the SSL (Secure Socket Layer) protocol in such a way that the information transmitted is encrypted by software and no third party can access it during transport over the network. To be registered, the order must be paid in full. Unsettled orders are not delivered.
In the event of payment by credit card using the STRIPE payment module, acceptance of these General Conditions of Use implies acceptance of the STRIPE, Inc. General Conditions of Use, which can be accessed directly on their website https://stripe.com.
We do not store the credit card numbers used for transactions.

ARTICLE 9: DELIVERY TERMS AND CONDITIONS
The delivery costs taken care of by HELEOR are for a shipment by colissimo, relay point or to the address indicated during the order. The radios will be sent according to the time indicated on each product (from 1 to 10 days depending on the products) and will then be delivered within 48 hours working in metropolitan France, 5 to 10 days for overseas France, 3 to 7 days for Europe and 2 to 10 days for the rest of the world. 
The deadlines are given as an indication. In case of a delay of more than 7 days and after verification by the customer with the delivery service, please contact the customer service at contact@heleor.fr
For any specific request please contact us at contact@heleor.fr   
In accordance with the provisions of Article L 121-105 of the Consumer Code, the customer has a period of 10 days from receipt of the goods to check the good condition of the goods when the deliverer does not justify having offered him the opportunity to effectively check the good condition.
After this 10-day period, no further claims for damage to the goods can be made.
In accordance with the provisions of article L 121-19-4 of the Consumer Code, in the event of a claim for damage, the customer must contact either the carrier or HELEOR's customer service by writing to contact@heleor.fr
However, it is specified that HELEOR may exonerate itself from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
In the event of a delivery error, any product to be refunded must be returned to HELEOR at the address of its registered office, 54 ter avenue Antoine BARDOU, 11570 CAZILHAC.
To be accepted, any return must be reported in advance to HELEOR Customer Service ( contact@heleor.fr).
Any delays in delivery do not entitle the buyer to cancel the sale, refuse the goods or claim damages. The buyer will be notified by our services as soon as the ordered products are sent. An order tracking number will be sent to him in order to be able to track the delivery of the package.

 

ARTICLE 10: PRODUCT WARRANTY
BARON is liable for defects in the conformity of the goods with the contract under the conditions provided for in Articles L. 211-4 to L. 211-13 of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in Articles 1641 and following of the Civil Code.
Article L.211-4 of the Consumer Code :
"The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility. »
Article L.211-5 of the Consumer Code:
"To be in conformity with the contract, the property must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. »
Article L.211-6 of the Consumer Code:
"The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them. »
Article L.211-7 of the Consumer Code:
"Lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise.       
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »
Article L.211-8 of the Consumer Code:
"The buyer is entitled to demand that the goods comply with the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted it. The same shall apply where the defect has its origin in the materials supplied by him. »
Article L.211-9 of the Consumer Code:
"In the event of lack of conformity, the buyer shall choose between repair or replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »
Article L.211-10 of the Consumer Code :
"If repair and replacement of the property is not possible, the buyer may return the property and have the price returned or keep the property and have a portion of the price returned.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for the latter given the nature of the property and the use it seeks.
However, the sale may not be cancelled if the lack of conformity is minor. »
Article L.211-11 of the Consumer Code :
"The provisions of Articles L. 211-9 and L. 211-10 shall be applied at no cost to the buyer.
These same provisions do not prevent the award of damages. »
Article L.211-12 of the Consumer Code :
"The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods. »
Article L.211-13 of the Consumer Code:
"The provisions of this section do not deprive the buyer of the right to bring an action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature recognized by law. »
The customer when acting as a legal guarantee of conformity:
- Benefit from a period of 2 years from the delivery of the property to act,
- Can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code mentioned above.
- Is exempted from providing proof of the existence of the lack of conformity of the goods during the 6 months following delivery of the goods. This period is extended to 24 months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted. When implementing the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, the customer may choose between cancelling the sale or reducing the sale price in accordance with the provisions of Article 1644 of the Civil Code.
Article 1641 of the Civil Code:
"The seller is bound by the warranty for 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 1642 of the Civil Code:
"The seller is not bound by any apparent defects which the buyer has been able to convince himself of"
Article 1643 of the Civil Code:
"He is bound by hidden defects, even if he did not know them, unless, in this case, he has stipulated that he will not be bound by any guarantee. »
Article 1644 of the Civil Code:
"In the case of articles 1641 and 1643, the buyer has the option of returning the thing and having the price returned, or of keeping the thing and having part of the price returned. »
Article 1645 of the Civil Code:
"If the seller was aware of the defects of the thing, he shall be liable, in addition to the restitution of the price he received, for all damages towards the buyer. »
Article 1646 of the Civil Code:
"If the seller is unaware of the defects of the thing, he shall be bound only to return the price, and to reimburse the buyer for the costs incurred by the sale"
Article 1647 of the Civil Code:
"If the thing that had defects perished as a result of its poor quality, the loss is for the seller, who shall be liable to the buyer for the restitution of the price and other compensation explained in the two preceding articles.
But the loss that occurs as a result of a fortuitous event will be for the buyer's account. »
Article 1648 of the Civil Code:
"The action resulting from the fundamental defects must be brought by the purchaser within two years of 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 of the date on which the seller may be relieved of any apparent defects or lack of conformity. »
Article 1649 of the Civil Code:
"It does not occur in sales made by judicial authority"

ARTICLE 11: RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L121-21 of the Consumer Code, the customer has 14 days to exercise his right of withdrawal without having to justify this decision or bear any costs other than those provided for in Articles L 121-21-3 to LA 121-21-5 of the Consumer Code.
This period runs from the day of receipt of the goods by the consumer or a third party other than the carrier.
In accordance with the provisions of Article L121-21-2 of the Consumer Code, the client informs the professional of his decision to withdraw by sending him an email before the expiry of the period provided for in Article L 121-21-21.
HELEOR will acknowledge receipt of the retraction on a durable support.
The burden of proof of the exercise of the right of withdrawal under the conditions provided for in this Article shall be on the customer.
In accordance with the provisions of Article L121-21-3 of the Consumer Code, the customer shall return or return to HELEOR at the following address contact@heleor.fr without undue delay and at the latest within 14 days following the communication of his decision to withdraw.
The Customer shall bear the direct costs of returning the goods.
If the customer had initially chosen to be delivered to a merchant at a "relay point" and he chooses to deposit his return package with this same merchant using the procedure provided for this purpose, he will not be charged any shipping costs for this return.
Otherwise, if he has chosen to return the package by another means, he will have to pay the shipping costs of this return.
In all cases, the customer must keep proof of the delivery of his package.
In case of loss of parcels, no refund will be made without this proof of deposit.
All returned products must be returned perfectly intact and complete and carefully packed.
At the time of delivery, if the customer refuses the package without reason related to its poor condition, the return shipping costs will be deducted from the refund of the product(s) according to the colissimo scale without signature in effect at that time.
Upon receipt of the package, HELEOR will judge the perfect condition of the returned merchandise.
No returns will be accepted if the returned products have been visibly used or damaged by the customer and such use and damage makes the products unfit for sale.
The customer shall be liable for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods.
In accordance with the provisions of Article L121-21-4 of the Consumer Code, HELEOR will reimburse the consumer for all sums paid for products returned and accepted without undue delay and within 14 days from the date of receipt of the product.
Beyond that, the sums due shall automatically be increased by the statutory interest rate if the repayment is made no later than ten days after the expiry of the time limits set out in the first two paragraphs; by 5% if the delay is between 10 and 20 days, by 10% if the delay is between 20 and 30 days, by 20% if the delay is between 30 and 60 days, by 50% if the delay is between 60 and 90 days and by 5 additional points per new month of delay until the price of the product and the statutory interest rate.
HELEOR makes this refund according to the same method of payment as that used by the customer for the initial transaction, unless the customer expressly agrees to use another method of payment and insofar as the refund does not guarantee any costs for the customer.


ARTICLE 12: INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced on the heleor.fr website are reserved under copyright and intellectual property law and for the whole world. In this respect and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized, subject to different, or even more restrictive, provisions of the Intellectual Property Code. Any total or partial reproduction of the heleor.fr website is strictly prohibited without prior agreement.

ARTICLE 13: PROTECTION OF PERSONAL DATA
Personal information: HELEOR reserves the right to collect data on the customer, in particular by using cookies in accordance with the legislation in force. The user may expressly object to the disclosure of his or her details. To do so, simply report it to HELEOR, customer service, 54 ter avenue Antoine BARDOU 11570 Cazilhac. In accordance with the law of 6 January 1978, the user has the right to access and rectify data concerning him/her.
Use of cookies: HELEOR uses cookies to recognize the customer when he/she connects to the heleor.fr website. The customer can disable the use of cookies at any time by selecting the appropriate settings in his browser.