Terms of sale

This English text is a courtesy translation. The contract is concluded in French and governed by French law : in the event of any discrepancy, the French version of these Terms of Sale prevails.

These Terms of Sale (hereinafter the “Terms”) are entered into between :

BY HELA, registered with the Trade and Companies Register under SIRET number 883 865 909 00021, represented by Mrs Ambrine Bellage in her capacity as manager, duly authorised for the purposes hereof. The company may be contacted by email via the contact form available on the site. Hereinafter “the Seller” or “the Company”, on the one part ;

And any natural or legal person purchasing products or services from the Company, hereinafter “the Buyer” or “the Customer”, on the other part.

Preamble

The Seller sells ready-to-wear products to consumers through its website (by-hela.com). The list and description of the goods and services offered may be consulted there.

Article 1 — Purpose

These Terms set out the rights and obligations of the parties in connection with the online sale of the products and services offered by the Seller.

Article 2 — General provisions

These Terms govern all sales of products and services concluded through the Company's website and form 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 amend these Terms at any time by publishing a new version on its website. The applicable Terms are those in force on the date of payment (or of the first payment in the case of multiple payments) for the order. They may be consulted at by-hela.com.

The Company ensures they are clearly and unreservedly accepted by means of a tick box and a validation click. The Customer declares that they have read all of these Terms and, where applicable, the special conditions of sale attached to a product or service, and that they accept them without restriction or reservation.

The Customer acknowledges having received the advice and information needed to satisfy themselves that the offer meets their requirements. They declare that they are legally able to contract under French law, or that they validly represent the natural or legal person on whose behalf they are committing. Save proof to the contrary, the information recorded by the Company constitutes evidence of all transactions.

Article 3 — Prices

Product prices are shown in euros inclusive of all taxes (VAT and other applicable taxes) on the product description pages and on the order page, excluding specific shipping costs. For products shipped outside the European Union and/or to the French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties, local taxes, import duties or state taxes may be payable ; these fall outside the Seller's remit, remain payable by the Buyer and are the Buyer's responsibility (declarations, payment to the competent authorities). The Seller invites the Buyer to make enquiries with the relevant local authorities.

The Company reserves the right to change its prices at any time for the future, the applicable price being the one in force on the day of the order. The telecommunication costs needed to access the site, together with any delivery costs, remain payable by the Customer.

Sale items : discounted items are not refundable, except in the case of a latent defect.

Article 4 — Conclusion of the contract online

To place an order, the Customer follows a series of set steps :

information on the essential characteristics of the product ;
choice of the product and, where applicable, its options, and entry of the Customer's essential details (identification, address, etc.) ;
acceptance of these Terms ;
checking of the order details and, where necessary, correction of errors ;
following the payment instructions and paying for the products ;
delivery of the products.

The Customer then receives payment confirmation by email, together with an acknowledgement confirming the order, accompanied by a PDF copy of these Terms. Delivery is made to the address given by the Customer. In accordance with article 1316-1 of the French Civil Code, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse any abnormal order, any order placed in bad faith, or any order for any other legitimate reason.

During the order process, the Customer is able to identify and correct data entry errors. The language offered for the conclusion of the contract is French. The terms of the offer and these Terms are sent by email to the Buyer at the time of the order and archived on the Seller's site. Communications, the order, its details and invoices are archived on a reliable and durable medium, so as to constitute a faithful and durable copy in accordance with article 1360 of the French Civil Code. This information may be produced as evidence of the contract.

In the event of loss of the parcel or of damage being noted, La Poste pays the Customer flat-rate compensation of €23 including tax per parcel ; BY HELA cannot be held liable in this respect.

Article 5 — Products and services

The essential characteristics of the goods and services and their respective prices are made available to the Buyer on the Company's site, as is, where applicable, the way the product is to be used. In accordance with article L.112-1 of the French Consumer Code, the consumer is informed, by way of marking, labelling, display or any other appropriate means, of the prices and the special conditions of sale before the contract is concluded. The total amount payable by the Buyer is shown on the order confirmation page. Any shipping costs are indicated during the sale process and, in any event, at the time the order is confirmed.

Where the products or services are not performed immediately, clear information on delivery dates appears on the product presentation page. The Seller undertakes to fulfil the order subject to available stock ; failing that, it informs the Customer and, in the absence of agreement on a new delivery date, refunds them.

Contractual information is presented in French. The parties agree that illustrations and photographs of the products have no contractual value. The period of validity of the offers and prices is specified on the site. Save under special conditions, the rights granted hereunder are granted solely to the natural person placing the order (or the holder of the email address provided).

Article 6 — Conformity and statutory warranties

In accordance with article L.411-1 of the French Consumer Code, the products offered for sale comply with the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Irrespective of any commercial warranty, the Seller remains bound by the statutory warranty of conformity and by the warranty against latent defects.

In accordance with article L.217-4 of the French 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, as well as for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made its responsibility or carried out under its responsibility.

In accordance with the statutory provisions on conformity and latent defects (article 1641 of the French Civil Code), the Seller refunds or exchanges products that are defective or do not correspond to the order. Requests are made via the contact form accessible at the foot of the site.

Exclusions : all warranties are excluded in the event of misuse, negligence or lack of care on the part of the Buyer, normal wear and tear of the product, or force majeure.

Article 7 — Retention of title

The products remain the property of the Company until the price has been paid in full.

Article 8 — Delivery terms and times

The products are delivered to the address given at the time of the order, within the stated time, excluding the order preparation time. Indicative transit times are as follows :

Colissimo (France) : 48 to 72 hours, business days ;
Colissimo International : 4 to 5 business days.

In the event of late delivery, the Customer may terminate the contract under the conditions set out in article L.138-2 of the French Consumer Code ; the Seller then refunds the product and the outward shipping costs under the conditions of article L.138-3 of the same code.

The Seller provides a point of contact (cost of a local call from a landline), indicated in the order confirmation email, so that the order can be tracked. When the Customer takes physical possession of the products, the risks of loss or damage are transferred to them. It is for the Customer to notify the carrier of any reservations regarding the product delivered.

Article 9 — Availability

If an item is unavailable for a period of more than 20 business days, the Customer is immediately informed of the expected delivery times ; the order for that item may then be cancelled on simple request. The Customer may request a credit note for the amount of the item, or a full refund and cancellation of the order.

Article 10 — Payment

Payment is due immediately on ordering, including for pre-order products. Payment is made by payment card ; cards issued by banks domiciled outside France must be international payment cards (Mastercard or Visa).

Secure online payment is carried out by our payment provider. The information transmitted is encrypted in accordance with best practice and cannot be read in transit. Once payment has been initiated by the Customer, the transaction is debited after the information has been verified. In accordance with the provisions of the French Monetary and Financial Code, the undertaking to pay given by card is irrevocable. By providing their bank details, the Customer authorises the Seller to debit their card for the amount corresponding to the stated price, confirms that they are the lawful holder of the card and that they are legally entitled to use it. In the event of an error or of the card not being able to be debited, the sale is immediately terminated as of right and the order cancelled.

Article 11 — Right of withdrawal

In accordance with article L.221-5 of the French Consumer Code, the Buyer has fourteen (14) days from receipt of their order to withdraw, without having to give reasons. The right of withdrawal is exercised by contacting the Company via the contact form accessible at the foot of the site ; the model withdrawal form is sent by email on request.

In accordance with articles L.221-18 to L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for products made to the Customer's specifications or clearly personalised.

Where the right of withdrawal is exercised within the above period, only the price of the product(s) purchased and the outward shipping costs are refunded ; return costs remain payable by the Customer. The products must be returned in their original condition and complete (packaging, accessories, instructions, etc.), so that they can be resold as new.

Article 12 — Warranties

In accordance with the law, the Seller provides the statutory warranty of conformity and the warranty against latent defects. It refunds or exchanges products that are defective or do not correspond to the order. Requests are made via the contact form accessible at the foot of the site.

The statutory warranty of conformity applies for twenty-four (24) months from delivery of the goods (except for second-hand goods). The consumer may also rely on the warranty against latent defects within the meaning of article 1641 of the French Civil Code ; in that case, they may choose between rescission of the sale and a reduction in the price, in accordance with article 1644 of the French Civil Code.

Article 13 — Complaints and mediation

Any complaint may be sent to the Company via the contact form accessible at the foot of the site. In accordance with articles L.611-1 to L.616-3 of the French Consumer Code, the consumer is informed that they may refer the matter to a consumer ombudsman under the conditions set out in Title I of Book VI of that code. If the complaint to customer service is unsuccessful, or in the absence of a reply within two months, the consumer may submit the dispute to an ombudsman, who will attempt, entirely independently, to bring the parties together with a view to an amicable solution.

Article 14 — Termination of the contract

The order may be terminated by the Buyer, by registered letter with acknowledgement of receipt, in the following cases :

delivery of a product that does not conform to the characteristics of the order ;
delivery after the deadline set at the time of the order or, in the absence of a date, more than thirty days after payment ;
an unjustified price increase or a change to the product.

In these cases, the Buyer may demand a refund of the deposit paid, together with interest calculated at the statutory rate from the date the deposit was received.

Article 15 — Intellectual property

Trade marks, domain names, products, software, images, videos, texts and, more generally, all information subject to intellectual property rights are and remain the exclusive property of the Seller. No assignment of intellectual property rights is made through these Terms. Any reproduction in whole or in part, modification or use of these assets, for any reason whatsoever, is strictly prohibited.

Article 16 — Force majeure

Performance of the Seller's obligations is suspended in the event of an unforeseeable event or force majeure preventing performance. The Seller will notify the Customer of the occurrence of such an event as soon as possible.

Article 17 — Invalidity and amendment of the contract

If any provision of this contract were to be annulled, that invalidity would not entail the invalidity of the other provisions, which would remain in force between the parties. Any contractual amendment is valid only after written agreement signed by the parties.

Article 18 — Protection of personal data

In accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR), the Seller carries out processing of personal data for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following :

Data controller : the Seller, as identified at the head of these Terms ;
Legal basis for processing : performance of the contract ;
Data recipients : the data controller, its departments responsible for marketing, IT security, sales, delivery and orders, the processors involved in delivery and sales operations, and any authority legally authorised to access the data ;
Transfers : no transfer outside the European Union is envisaged ;
Retention period : for the duration of the commercial limitation period ;
Rights : the data subject has the right to request from the data controller access to their data, its rectification or erasure, restriction of processing, as well as the right to object to processing and the right to data portability. They have the right to lodge a complaint with a supervisory authority ;
The information requested when ordering is necessary for the issuing of the invoice (legal obligation) and for the delivery of the goods ; without it, the order cannot be placed. No automated decision-making or profiling is carried out through the order process.

Article 19 — Governing law

All the clauses contained in these Terms, as well as all the purchase and sale transactions referred to in them, are subject to French law. The invalidity of a contractual clause does not entail the invalidity of these Terms.

Article 20 — Consumer information

For the information of consumers, the following provisions of the French Civil Code and Consumer Code are reproduced below (French original, translated here for convenience) :

Article 1641 of the French Civil Code : “The seller is bound by the warranty against latent defects in the thing sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have acquired it, or would have given only a lower price for it, had they known of them.”

Article L.217-4 of the French 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. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made its responsibility under the contract or was carried out under its responsibility.”

Article L.217-5 of the French Consumer Code : “Goods conform to the contract : 1° if they are fit for the use ordinarily expected of similar goods and, where applicable, if they 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, or if they possess the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, the producer or its representative, in particular in advertising or labelling ; 2° or if they have the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, made known to the seller and accepted by the latter.”

Article L.217-12 of the French Consumer Code : “An action arising from a lack of conformity is time-barred two years after delivery of the goods.”

Article L.217-16 of the French Consumer Code : “Where the buyer asks the seller, during the course of the commercial warranty granted to them on the acquisition or repair of movable goods, for a repair covered by the warranty, any period during which the goods are out of use of at least seven days is added to the remaining warranty period. That period runs from the buyer's request for intervention or from the date on which the goods in question are made available for repair, if that date is later than the request for intervention.”