Conditions Générales de vente

BETWEEN THE UNDERSIGNED

The Company Le corner des accessoires, SAS with a capital of 10.000€, whose registered office is located at 24, rue René Boulanger - 75010 Paris, registered in the Paris Trade and Companies Register under the number 882 205 685, represented by Mr. Milan POPOVIC as Chairman, duly empowered for the purposes hereof. Hereinafter referred to as the "Companý" or the "Seller".

ON ONE HAND AND

The natural or legal person proceeding to purchase the company’s products, Hereinafter referred to as the "Customer" or the "Buyer"

ON THE OTHER HAND,

Hereinafter together "the Parties"

THE FOLLOWING HAS BEEN SET FORTH AND AGREED UPON:

PREAMBLE

The Seller is a publisher of products for consumers, marketed through its website: https://www.helvetica-mp.com. The list and description of products offered by the Companý can be consulted on the aforementioned site.

ARTICLE 1: PURPOSE

The present General Terms of Sale determine the rights and obligations of the parties in the context of online sale of products offered by the Seller.

ARTICLE 2: GENERAL PROVISIONS

The present General Sales Conditions (GSC) govern the sales of products made through the Company’s website, and are an integral part of the contract between the Buyer and the Seller. They are fully opposable to the Buyer who has accepted theḿ before placing an order. The Seller reserves the possibility to modify the present, at any time by publishing a new version on its website. The GSC applicable then are those in force at the date of payment (or of the first payment in case of multiple payments) of the order. These GSC are available for consultation on the Company's website.

The Company also ensures that their acceptance is clear and without reserve by setting up a checkbox and a validation click. The Client declares that he/she has read the whole of these General Terms of Sale and accepts them without restriction or reservation.

The Customer acknowledges that he/she has received the necessary advice and information in order to ensure the adequacy of the offer to his/her needs.

The Customer declares that he/she is able to contract legally under French law or validly represent the natural or legal person for whom he/she is contracting.

Unless proven otherwise, the information recorded by the Companý constitutes the proof of all transactions.

ARTICLE 3: PRICES

The prices are expressed in euros (€). The price guaranteed to the Buyer is that which is displayed on the site at the time of purchase.

The price fixed at the time of purchase is firm and final. It does not include the participation in delivery costs invoiced in addition and which will be indicated in the confirmation of order.

For a delivery within the European Union, the prices take into account the VAT applicable on the day of the order. They are therefore indicated VAT inclusive.

No other customs duty or VAT will be payable for a delivery within the European Union. Any change of the applicable rate could be reflected on the selling price of the products of the catalogue.

ARTICLE 4: PRODUCTS

Information and characteristics of the products

In accordance with Article L 111-1 of the French Consumer Code, the Company endeavours to present as best as possible, on the product data sheets, the essential characteristics of the products that the Customer must know.

The information and characteristics are those given by the suppliers. The Company is in no way responsible for erroneous data transmitted by the manufacturers. The photographs and graphics presented on the website: https://www.helvetica-mp.com or in the e-mails sent by the Company are given only as an indication and are mainly those given by the suppliers.

 

In particular, the company cannot be held responsible for any difference colours perception between the photographs or graphics presented and the products. The said Company shall do its best to ensure that the photographic representation of the products on its website is as accurate as possible. It is nevertheless possible that the perception of the product(s) does not correspond completely to the product(s).

In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by way of marking, labelling, display or any other appropriate process and prices before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated́ on the order confirmation page. The selling price of the product is the one in force indicated on the day of the order, excluding the shipping costs charged in addition.

 

The contractual information is presented in detail and in French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of of the products offer as well as their prices is specified on the Company’s website.

ARTICLE 5: CONFORMITY AND GUARANTEE

In accordance with Article L.411-1 of the Consumer Code, the products offered for sale through the present GTCs meet the prescriptions in force relating to the safetý and health of persons, to the loyaltý of commercial transactions and to the protection of consumers. Independent of any commercial guarantee, the Seller remains liable for defects of conformitý and hidden defects of the product.

The Customer is informed that the Company is not the manufacturer of the products presented within the framework of helvetica-mp.com within the meaning of Law No. 98-389 of 19 May 1998 and relating to liability for defective products.

The products sold by the Company benefit from the legal guarantee against hidden defects provided for in articles 1641 and following of the Civil Code. In the event of damage caused to a person or property by a defective product, only the responsibility of the manufacturer of the latter, for new products, may be sought by the Customer, on the basis of the information on the packaging of the said product.

The Company shall not be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of receipt.

In accordance with Article L.217-4, the Seller delivers a good in conformity with the contract and is responsible for the defects of conformitý existing at the time of delivery. He is also responsible for the defects of conformitý resulting from the packaging when the latter has been carried out under his responsibilitý.

In accordance with the legal provisions concerning conformitý and hidden defects (art. 1641 c. civ.), the Seller shall reimburse or exchange the defective products or those not corresponding to the order.

Article 6 : Commande

Capacité à contracter :

Tout Client de la Société déclare avoir la capacité de contracter aux conditions décrites ci-après, c'est-à-dire être mineur émancipé ou avoir la majorité légale et ne pas être protégé au sens de l'article 488 du Code Civil.

Le Client peut passer sa commande auprès de la Société via son site internet 24h/24h et 7j/7j. Une fois la sélection des produits effectuée et le panier validé, le Client doit :

  • S’identifier soit par la saisie de son adresse e-mail et de son mot de passe strictement personnels ; soit en renseignant toutes les informations habituellement demandées lors d’une inscription en ligne.
  • Bien indiquer les informations nécessaires pour la livraison. Il faudra compléter précisément les informations ainsi que les éventuelles restrictions d'accessibilité du lieu de livraison (bâtiment, digicode, nom sur l’interphone, etc.).

Toute commande vaut acceptation des prix et description des produits disponibles à la vente. Toute contestation sur ce point interviendra dans le cadre d'un éventuel échange et des garanties ci-dessous mentionnées.

Dans tous les cas, la fourniture en ligne du numéro de carte bancaire et la validation finale de la commande par le Client vaudront preuve de la commande et exigibilité des sommes pour les produits sélectionnés dans la commande. Cette validation vaut signature et acceptation de toutes les opérations effectuées sur le site internet : https://www.helvetica-mp.com.

Un courrier électronique est automatiquement envoyé au Client afin de confirmer la prise de commande sous réserve que l'adresse électronique indiquée dans le formulaire d'inscription ne comporte pas d'erreur.

L'archivage des communications, de la commande, des détails de la commande, ainsi que des factures est effectué́ sur un support fiable et durable de manière constituer une copie fidèle et durable conformément aux dispositions de l'article 1360 du code civil. Ces informations peuvent être produites à titre de preuve du contrat.

Pour les produits livrés, la livraison se fera à l’adresse indiquée par le Client. Aux fins de bonne réalisation de la commande, le Client s’engage à fournir ses éléments d’identification véridiques. Le Vendeur se réserve la possibilité́ de refuser la commande, par exemple pour toute demande anormale, réalisée de mauvaise foi ou pour tout motif légitime.

ARTICLE 7: PAYMENT

In accordance with Article L.411-1 of the Consumer Code, the products offered for sale through the present GTCs meet the prescriptions in force relating to the safetý and health of persons, to the loyaltý of commercial transactions and to the protection of consumers. Independent of any commercial guarantee, the Seller remains liable for defects of conformitý and hidden defects of the product.

The Customer is informed that the Company is not the manufacturer of the products presented within the framework of helvetica-mp.com within the meaning of Law No. 98-389 of 19 May 1998 and relating to liability for defective products.

The products sold by the Company benefit from the legal guarantee against hidden defects provided for in articles 1641 and following of the Civil Code. In the event of damage caused to a person or property by a defective product, only the responsibility of the manufacturer of the latter, for new products, may be sought by the Customer, on the basis of the information on the packaging of the said product.

The Company shall not be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of receipt.

In accordance with Article L.217-4, the Seller delivers a good in conformity with the contract and is responsible for the defects of conformitý existing at the time of delivery. He is also responsible for the defects of conformitý resulting from the packaging when the latter has been carried out under his responsibilitý.

In accordance with the legal provisions concerning conformitý and hidden defects (art. 1641 c. civ.), the Seller shall reimburse or exchange the defective products or those not corresponding to the order.

ARTICLE 8: DELIVERY TERMS AND CONDITIONS

Customer's responsibility

The Seller reminds that at the moment̀ the Customer takes physical possession of the products, the risks of loss or damage of the products are transferred to him. It is the Customer's responsibility to inspect his package upon receipt in the presence of the delivery person and to immediately notify the carrier as well as the Company of any anomaly noted (shock, damaged package, delivery date not in accordance with the normal deadlines of the delivery service). In the event that such information is not included on the delivery slip presented to the Client by the carrier, no claim regarding the condition of the package(s) may be accepted a posteriori by the Company.

The products are delivered to the address indicated by the Customer on the order form. The Customer must check the completeness and compliance of the information he/she provides to the Company Le corner des accessoires, which shall not be held liable for any delays in delivery due to errors or disruptions attributable to the carriers (including in particular in the event of a total or partial strike, notably of the postal services and means of transport and/or communications).

Delivery time:

The products in stock, in France through Colissimo: will be delivered within 8 days maximum.

The products in stock, will be delivered according to the deadlines of the carrier.

The Company will mention, in the summary of the order, an approximate delivery deadline. Once the order has been validated, the company Le Corner des Accessoires will contact the Customer by e-mail in order to give the Customer an exact delivery date.

The products in stock at the time of the order are reserved by name until full payment is received for the order.

In the event of a stock shortage or unavailability of one or more of the products ordered, Le Corner des Accessoires undertakes to inform the Customer as soon as possible and to specify an availability date.

The Customer will confirm by e-mail his choice either to wait for the availability of the product or to be reimbursed.

ARTICLE 9: TRANSFER OF RISKS

The transfer of risks to the Client occurs as soon as the Company hands over the products to the carrier. The products travel at the Client's risk. The same applies in case of shipment or return of products made carriage paid.

 

During the withdrawal period mentioned in Article 11 below, the Client is responsible for the goods as custodian. In case of deterioration or destruction of the product during the custody of the Customer, the latter will suffer all consequences.

ARTICLE 10: PRODUCT RETURN

The Customer has 30 days to return the product and request an exchange if it does not suit him.

If this period expires on a Saturday, a Sunday or a holiday, it is extended until the next working day. The returned product must be in its original condition and packaging. It must not have been used, nor have suffered any deterioration, however slight it may be, and be in a state of perfect cleanliness.

The cost of returning the product is the responsibility of the Customer.

The Customer will have to make a request for product return from his customer account, by clicking on the concerned order. He will just have to select the product he wishes to return.

The Customer chooses the product, enters the reason for the return and clicks on "Generate a return".

Helvetica will acknowledge receipt of the Customer's request and an e-mail will be sent indicating that Helvetica is waiting for the package. The return address of the package will be communicated to you in the e-mail.

ARTICLE 11: RETENTION OF TITLE CLAUSE

The products remain the propertý of the Companý until full payment of the price.

ARTICLE 12: RIGHT OF WITHDRAWAL

The Customer has, within a period of 7 seven working days from the delivery of his order, a right to return, at his expense, for exchange or refund, the products that do not suit him in accordance with Article L 121-16 of the Consumer Code.

If this period expires on a Saturday, a Sunday or a holiday or day off, it is extended until the next business day. The returned product must be in its original condition and packaging. It must not have been, nor have suffered any deterioration, however it may be, and be in a state of perfect cleanliness.

This right of withdrawal is exercised without penalty. Within a maximum period of 30 days from the receipt of the product, the Customer will be reimbursed for the sums paid; the reimbursement will be made according to the initial payment method.

ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS

All the elements of the website https://www.helvetica-mp.com whether they are visual, graphic, video or sound, including the underlying technologies used, are protected by copyright, trademarks or patents. Consequently, the partial or total reproduction, on any support whatsoever, of the elements composing the site and the catalogue, their use as well as their provision to third parties are formally prohibited.

Any person having an Internet site wishing to place on his/her site a simple link referring directly to the site https://www.helvetica-mp.com must request authorization from the Company. An authorization given by the Company will not constitute an implicit agreement of affiliation and will not be given on a final basis. Upon simple request from the Company, this link must be removed.

The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual propertý rights are and remain the exclusive propertý of the Company. No transfer of intellectual propertý rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 14 : force majeure

The performance of Seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent performance. The Seller shall notify the Customer of the occurrence of such an event as soon as possible.

The following are considered to be cases of force majeure, in addition to those usually retained by the jurisprudence of the French Courts and Tribunals: total or partial strikes, internal or external to the company, blockage of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer breakdowns, blockage of telecommunications, including networks, internet in particular.

The Company will make every effort to inform the Customer of the status of the shipment of his package, but cannot be held responsible for any delays caused.

ARTICLE 15: FULL TERMS

If one of the stipulations of the present contract were to be cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

A change in legislation, regulations or a court decision rendering one or more clauses of these general terms of sale null and void shall not affect the validity of these general terms of sale.

Such a change or finding shall not in any way allow the Customer not to comply with these general terms and conditions of sale. If a condition was not explicitly mentioned, it would be considered as governed by the practices in force in the sector of the remote sale whose Companies have seat in France.

ARTICLE 16: PROTECTION OF PERSONAL DATA

When a Visitor registers or when a customer places an order, or in the context of other specific operations on the said site, the Company is led to collect personal data, in particular the Visitor's first name, surname, e-mail address, telephone number, date of birth and postal address. When the Visitor or Client decides to provide such personal data on the website, he/she expressly gives his/her consent for the collection and use of such data in accordance with the legislation.

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 which has as purpose the sale and delivery of products defined in this contract. The Buyer is informed of the following: - The identitý and contact details of the data controller and, where applicable, of the data controller's representative: the Seller, as indicated at the top of these GTC.

Nominative and personal data visitors or Customers of the website: https://www.helvetica-mp.com have at any time a right of access, modification, rectification and deletion of data concerning him in accordance with Article 34 of the law "informatique et libertés" (Law of computing and freedom) of January 6, 1978.

The Client may at any time modify his subscription through his personal account, or through the hypertext link at the bottom of the newsletters received by e-mail.

The Company undertakes to effectively take into account the changes of subscription and unsubscription to the commercial e-mails distributed by its care as soon as possible according to the necessary processing.

The Company may, for commercial purposes, transmit to commercial partners the identity and contact details of its Visitors or Clients.

The Company informs its customers that the processing of this nominative and/or personal information has been declared to the CNIL (the National Commission for Information Technology and Civil Liberties) under the number N°1651713 dated May 15, 2012

Electronic signature

The "validation click" constitutes an electronic signature. This electronic signature has the same value between the Parties as a handwritten signature.

ARTICLE 17: APPLICABLE LAW AND CAUSES

All the clauses appearing in the present General Terms and Conditions of Sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law. The nullity of a contractual clause shall not entail the nullity of the present General Sales Conditions.

In case of dispute, only the French courts will have jurisdiction. In case of difficulty or claim, the Customer may contact the Company « Le corner des accessoires » in order to find an amicable solution.

ARTICLE 18: CONSUMER INFORMATION

For the purposes of consumer information, 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 due to hidden defects of the product sold which render it unfit for the use for which it was intended, or which diminish this use so much that the Buyer would not have acquired it, or would have given a lesser price for it, if he had known about them.

Article 1648 of the Civil Code: The action resulting from redhibitory defect 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 from the date on which the Seller may be discharged́ from the defects or apparent defects of conformity.

Article L. 217-4 of the Consumer Code: The Seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. He is also responsible for the defects of conformitý resulting from the packaging when the latter has been put at his charge by the contract or has been carried out under his responsibilitý.

Article L. 217-5 of the Consumer Code: The good is in conformity with the contract:

1° - If it is fit for the use usually expected of a similar good and, if applicable:

if it corresponds to the description given by the Seller and has the qualities that the latter has presented to the Buyer in the form of a sample or model;

if it presents the qualities that a Buyer can legitimately expect in view of the public declarations made by the Seller, by the producer or by his representative, in particular in the advertising or the 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 accepted́.

Article L. 217-12 of the Consumer Code: the action resulting from the defect of conformity is prescribed by two years as 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 at the time of the acquisition or repair of a furniture, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run. This period shall run from the time of the Buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.

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