T&Cs - Helio

TERMS OF SALES

PREAMBLE :

The Conditions apply to all the methods of placing orders offered, whether the order was placed by Internet, by e-mail or by post.

The mere fact of placing an order or accepting an offer from the seller implies acceptance without reservation or restriction of these Conditions.

The company reserves the right to modify the general conditions of sale at any time. Thus, the company undertakes to keep previous versions online and to specify the dates of various general conditions of sale. Consequently, the applicable Conditions are those in force on the date of the order placed by the Customer.

These Conditions will prevail over all other conditions appearing in any other document, except prior, express and written derogation.

The order placed by the Customer implies recognition by the latter of the fact that he has previously received all the necessary information on the essential characteristics of the product.

The general conditions of sale can be consulted at any time on the Helio.fr website.

PRE-CONTRACTUAL INFORMATION:

Prior to the purchase or the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the Customer.

The following information is communicated and transmitted to him in a clear and understandable manner:

– The essential characteristics of the product

– The price of the products and services sold

– The delivery time of the products

– The right of withdrawal

– Information relating to the identity of Serre en Bois and its contact details

– Information relating to legal and contractual guarantees and their methods of implementation

– The possibility of using a free mediation service in the event of a dispute.

Article I.: THE PRODUCT

The photos of the products presented on the helio.fr r site are the most faithful reproductions possible. The company Serre en Boisne can be held responsible for minor differences (difference in color, size, etc.).

We invite our customer to refer to the description of each product to know its precise characteristics. These characteristics appear in French and in English on the site. Our product and price offers are valid for the duration of their posting, unless otherwise specified on the product sheet.

Section II. ORDERED

Section 2.01 Management and creation of an account:

In order to place an order on the helio.fr site, you must first create an account either before ordering or during ordering by clicking on “Your account”. Some information is mandatory and is therefore necessary for the processing of the order of the customer who undertakes to provide sincere information. In the event of an error in the wording of the customer’s contact details, the company cannot be held responsible for the impossibility of delivery of the order.

The information given by the customer, when taking the order, is binding on him.

The customer can visualize in “My account” all his information.

The fact for the Customer to confirm his order entails the complete acceptance of the order as well as these general conditions of sale without any reservation.

Any order validated by the Customer will only be considered final after receipt of payment, HELII | Serre en Bois will then notify the Customer by sending an order confirmation by e-mail.

Section 2.02 Placing and validation of an order:

The order can be made:

– on the internet: helio.fr

– by phone: +331 87 66 19 13

– by mail by sending an order form and payment to the address: HELIO | Wooden greenhouse, 26 rue du poteau des trois seigneurs, 78120 Rambouillet.

Orders placed by mail must imperatively be dated and signed, preceded by the words “Good for agreement”. In the case of an order as part of a promotion, the postmark will prevail for an order placed by mail and will be processed subject to stock availability.

The information given by the buyer, when taking the order, commits him: in the event of an error in the wording of the recipient’s contact details, the seller cannot be held responsible for the impossibility in which it could be to deliver the product. In certain cases, in particular non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

Product offers are valid within the limits of available stocks.

Section 2.03 Verifications

The information provided by the Customer when ordering commits it. It is therefore up to the Customer to verify the accuracy of the order and to immediately report any errors. In the event of an unreported error or incomplete information, Serre en Bois cannot be held responsible for the impossibility of ensuring delivery. Consequently, in the event of delay or error in delivery, all costs incurred by Serre en Bois for the reshipment of the order will be entirely borne by the Customer.

For any request to cancel or modify an order before it is shipped, contact Customer Service by telephone on +331 87 66 19 13.

Section III. ORDER CONFIRMATION

Section 3.01 Confirmation

The seller provides the customer with an order confirmation by email.

Section 3.02 Proof of Transaction:

The computerized registers, kept in the seller’s computer system under reasonable security conditions, will be considered as proof of communication, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article IV. PRICE

The prices indicated for each of the products marketed by Serre en Bois are in euros, all taxes included, excluding delivery costs for accessories, delivery included for greenhouses and excluding assembly (CF “Delivery”). Serre en Bois reserves the right to modify its prices at any time.

The Customer agrees to pay the sale price in force at the time of entering the order.

Any modification, at the Customer’s request, of the conditions of delivery, commissioning or guarantee in accordance with the prices presented in the “Delivery” and “Guarantees” articles of these Conditions, will entail, as the case may be, a reduction in the price or invoicing. additional, it being understood that the net price will be brought to the attention of the Customer by summary at the time of the order.

Article V. PAYMENT

This is an order with payment obligation, which means that placing the order involves payment by the buyer. To pay for his order, the buyer has a set of payment methods made available to him by the seller and listed on the seller’s website. The buyer guarantees to the seller that he has the necessary authorizations to use the payment method chosen, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by credit card from officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. .

Section 5.01 Method of payment

The methods of payment accepted are as follows:

Credit card (Visa, MasterCard, PayPal)

Online, SSL (Secure Sockets Layer) secure transaction. SSL allows:

– to authenticate the server to which the user is connected

– to ensure the confidentiality of the information transmitted through it

Bank transfer.

The order will only be taken into account after receipt of the transfer. Acceptance of an order remains subject to the equipment being still available during the period of acceptance of the payment.

IBAN: FR76 3007 6025 4412 7900 0020 058

BIC: NORDFRPP

Bank or postal check to the following address:

HELIO | Wooden greenhouse, 26 rue du poteau des trois seigneurs, 78120 Rambouillet.

The order validated by the customer will only be considered effective by Serre en Bois when the check has been duly received and cashed.

Article VI. DELIVERY

Section 6.01 Delivery method:

Delivery will be made to the address indicated by the Customer, who undertakes to receive the product ordered.

In the event of the Customer’s absence during the passage of the carriers on the date of the appointment, a second delivery will be rescheduled. Serre en Bois may re-invoice the Customer for the costs of this reshipment.

In the event of an incomplete, erroneous or fragmentary delivery address making it impossible to deliver the product to the recipient within the time allowed, Serre en Bois cannot be held responsible for the consequences as to the time and quality of the delivery.

If this lack of information leads to a second presentation to the recipient, Serre en Bois may ask the Customer for the costs corresponding to this second delivery.

It is the Customer’s responsibility to ensure that the access of the delivery truck to the place of destination is possible. It should be noted that most bulky products are delivered by courier or specialized carriers equipped with semi-trailers with forklifts.

In rural areas, delivery trucks will in all cases remain on public roads (tarred and dimensioned) and at no time will use private roads. Delivery can only be made within the limits of the public domain for all standard deliveries excluding additional services concluded during the sale.

All possible remarks must be specified at the time of the order (difficult access, small alley, etc.), anything that could cause difficulty for access for the carrier and the unloading of the equipment.

Section 6.02 Delivery area:

Delivery takes place in France, Spain, Italy, Switzerland, Belgium and Germany. It is offered in metropolitan France. As far as the islands are concerned, (Corsica, DOM-TOM) Serre en Bois is responsible for producing a delivery estimate.

All the conditions and delivery costs in these countries are available on each product sheet.

For delivery outside these countries and/or requiring specific transport (boat), please first contact our Customer Service by telephone on +331 87 66 19 13 to find out about the feasibility, conditions and delivery costs.

Section 6.03 Delivery Error:

The buyer must make to the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the indication on the order form. Any complaint may be made, at the choice of the buyer:

– By phone at the following number: +331 87 66 19 13

– By e-mail to the following address: contact@helio.fr

Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging.

Serre en Bois does its utmost to ensure that the kits delivered are complete and compliant. However, it may happen that there are marks or inaccuracies on the holes, grooves or cutouts.

The customer must keep the professional informed of this so that the latter finds a solution or returns the said necessary documents.

Section 6.04 Late Delivery:

If the package cannot be delivered on the agreed date, Serre en Bois undertakes to contact the Customer to offer him a new delivery date or a refund.

If the Customer notices a proven delay in delivery in relation to the date indicated when ordering, the Customer must contact Customer Service, by telephone on 01 87 66 19 13, in order to open a delivery inquiry with of the carrier concerned.

In the event of a breach by Serre en Bois of its obligation to deliver on the scheduled delivery date, or, failing that, no later than 30 days after validation of the order, the Customer may request the resolution of the sale, by email to contact@helio.fr or by phone on +331 87 66 19 13. The sale will be considered resolved upon receipt by Serre en Bois of the writing informing it of this resolution, unless the delivery has been made in the meantime.

The full amount paid by the Customer will then be refunded (subject to receipt and validation of payment).

In the event of proven unavailability of the product ordered, or in the event of non-acceptance by the Customer of the delivery time imposed by this unavailability, Serre en Bois will offer a replacement product to its customer, who will retain full discretion to accept it or refuse it. The Customer may, if he wishes, cancel his order and will be fully reimbursed for the sums paid.

Section 6.05 Assembly service:

The assembly service is carried out by appointment. In the event of the client’s absence when the assemblers come on the date of the appointment, or if it is impossible to assemble a product due to an event outside our assembly team (breakage, place of installation inaccessible, poorly prepared ground), flat-rate travel costs of €400 including tax will be billed to the customer.

The assembly service only concerns the assembly of the product purchased on our site, the earthworks are the responsibility of the customer. Thus, it is necessary that the ground is ready before the passage of the assembly team.

The customer is asked to prepare the ground on slab or terraced ground with a defect of +/-3 cm, over a width of 30 cm wide centered on the base of the greenhouse.

During assembly, the opening direction of the door must be specified when ordering. If the customer wishes the door to open outwards, handle on the right and hinge on the left, he must specify “right pull” in the order. If the customer wishes the door to open outwards, handle on the left and hinge on the right, he must specify “left pull” in his order. 01 87 66 19 13

Section VII. RIGHT OF WITHDRAWAL

The right of withdrawal may be requested in the sole case of an order made by mail without installation service.

In accordance with Article L121-21-4 of the Consumer Code, “When the right of withdrawal is exercised, the professional is required to reimburse the consumer for all sums paid, including delivery costs, without unjustified delay. and at the latest within fourteen days from the date on which he is informed of the consumer’s decision to withdraw. »

Beyond that, the sums due are automatically increased by the legal interest rate if the reimbursement occurs no later than ten days after the expiry of the deadlines set out in the first two paragraphs, by 5% if the delay is between ten and twenty days, 10% if the delay is between twenty and thirty days, 20% if the delay is between thirty and sixty days, 50% between sixty and ninety days and five additional points for each new months of delay up to the price of the product, then the legal interest rate.

The professional makes this reimbursement using the same means of payment as that used by the consumer for the initial transaction, unless the consumer has expressly agreed to use another means of payment and insofar as the reimbursement does not give rise to cost to the consumer.

The professional is not obliged to reimburse the additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional.

In accordance with the aforementioned article, reimbursement is due within a maximum period of 14 days after receipt of the products. It will be made by the same method as the customer’s payment.

Serre en Bois offers return costs of 400 € including tax to the customer, in the event of withdrawal. However, the customer can take care of the return at his own expense, making sure to return a complete and intact Kit.

Section VIII. GUARANTEE

The customer is solely responsible for the choice of products, their conservation and their use.

Any guarantee is excluded in case of bad weather (wind, hail…), we strongly advise you to declare the purchase of your product to your insurance, so that it takes care of the damage caused by bad weather.

The warranty runs from the date of delivery of the package. When the guarantee on a product is announced for more than 2 years then it is an extension of the legal guarantee.

Serre en Bois is in constant contact with suppliers and manufacturers.

The assembly is carried out by our partners or in accordance with the plans sent to the customer. The warranty is valid when the customer respects the assembly plan with the use of the required screws at the pre-drilled locations.

For any technical problem or request for information, contact our Customer Service by telephone on +331 87 66 19 13.

Section 8.01 Legal warranty of conformity and hidden defects:

The products offered by Serre en Bois are subject to the legal guarantee of conformity provided for by article L 217-4 and following of the Consumer Code and the guarantee against hidden defects provided for by articles 1641 to 1649 of the Civil Code.

Thus, if the Customer receives a non-compliant or defective product on the date of acquisition, he will be able to act and benefit from the legal guarantee of conformity within a period of 2 years from the delivery of the goods.

In the event of a lack of conformity, the Customer may choose between the repair and the replacement of the goods. However, as specified in article L 217-9, Serre en Bois may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the property. or the importance of the defect.

The legal guarantee of conformity applies independently of the commercial guarantee possibly subscribed.

According to article L 217-10, if the repair or replacement of the good is impossible, the Customer can return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him:

– if the solution requested, proposed or agreed according to article L 217-9 cannot be implemented within one month of the Customer’s complaint;

– Or if this solution cannot be without major inconvenience for the Customer, given the nature of the property and the use he is looking for.

However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.

The Customer may also decide to implement the guarantee against hidden defects of the thing sold provided for in articles 1641 to 1649 of the Civil Code.

This warranty covers the products against any latent defect arising from a material, design or manufacturing defect affecting the products and rendering them unsuitable for use, within a period of two years from the discovery of the defect. In this case, the Customer can choose between rescinding the sale or having part of the price refunded.

In all cases, any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the product or force majeure.

The articles of the Consumer Code and the Civil Code relating to legal warranties are available in Appendix 1 of these General Terms and Conditions of Sale.

Section 8.02 Commercial Warranty:

We inform you that in addition to the legal guarantees of conformity and hidden defects that you have on your product, you can possibly benefit, for certain products (if specified on the product sheet), from the commercial guarantee for a limited period indicated on the product sheet and on the order confirmation email.

The commercial guarantee is a supplement to the legal guarantees, it does not replace them but is added to them.

According to article L217-16 of the consumer code, in the event of repair of a good covered by the commercial guarantee, any period of immobilization of the product of at least 7 calendar days is added to the duration of the guarantee. remaining to run.

Section 8.03 What does the commercial warranty cover?

The commercial warranty allows you to obtain the repair or replacement of part or all of the goods, excluding labour.

If only certain parts of the product are covered by the commercial warranty, then the parts excluded from the commercial warranty are specified on the sheet of the product concerned.

The duration of the commercial warranty is also indicated on the product sheet.

Any warranty is excluded in the event of defects or deterioration caused by bad weather, improper use of the product, use not in accordance with the manufacturer’s instructions and not in accordance with the use for which the product is intended.

Also excluded from the warranty are products modified, repaired, integrated or added by the customer or any other person not authorized by the manufacturer.

Section 8.04 How to benefit?

To benefit from the commercial guarantee on your product, you must imperatively provide the purchase invoice of the product and contact us directly on our contact form .

Our after-sales service may ask you for photos in order to provide proof of the defect to the manufacturer.

If the product purchased does not benefit, or no longer benefits, from the commercial guarantee, you can always file a complaint with our customer service. If the defects are neither covered by the legal guarantee of conformity and hidden defects, nor by the commercial guarantee, then the repair will be chargeable. You can request a quote.

Article IX. PERSONAL DATA

Section 9.01 Rights to Personal Data Collection

This section is devoted to our policy for the protection of your personal data which may be collected when you browse our Site and use its features.

In accordance with the law “Informatique et Libertés” of January 6, 1978 as amended, the Company has made the declaration relating to the collection and processing of your Personal Data with the CNIL under number 1960284 v 0.

The company Serre en Bois undertakes to collect, process, record and store the Personal Data of users in accordance with the legal provisions in force in France.

Section 9.02 User Rights to Personal Data

In accordance with the legislation in force, the user is informed that he has a right of access, interrogation, and rectification which allows him, if necessary, to rectify, complete, update, lock or delete personal data concerning him which is inaccurate, incomplete, ambiguous, outdated or whose collection, use, communication or storage is prohibited. The user also has a right of opposition to the processing of his data for legitimate reasons as well as a right of opposition to this data being used for commercial prospecting purposes. The user can exercise all of these rights by sending an email to Customer Service at the following address: contact@helio.fr

Section 9.03 Nature of personal data

Several data may be collected by the helio.fr site and in particular data concerning: Civility, surname, first name, address supplemented by postal code, telephone number, date of birth, nationality, email, IP address, geographic location, browsing data.

Section 9.04 Purpose of Data Collection

This information is essential to respond to user requests. For greater clarity, they are mentioned with an asterisk on the collection forms, in particular when creating the user’s account. If the user does not fill in these mandatory fields, Serre en Bois will not be able to respond to requests made by the user.

The company processes this information for the purposes of managing Internet users’ accounts, executing orders, issuing invoices, managing relations with customers, promoting its offers to them, carrying out analyzes and statistics, or within the framework of the loyalty program, as well as for the management of the opinions of Internet users on our products and services.

Only the data strictly necessary for the achievement of the objective can be collected

Once the objective pursued by the collection of data has been achieved, there is no longer any need to keep them and the company undertakes to delete them.

The company takes all the necessary measures to guarantee the security of the data collected but also their confidentiality, that is to say to ensure that only authorized persons have access to it.

Article X. INTELLECTUAL PROPERTY:

The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content. Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

Article XI. IT AND FREEDOMS:

The personal data provided by the buyer are necessary for the processing of his order and the establishment of the factors. They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders. The processing of information communicated via the helio.fr website has been declared to the CNIL.

The buyer has a right of permanent access, modification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the procedures defined on the helio.fr website.

Section XII. DISPUTE

This contract is subject to French law. In the event that the conditions are translated into one or more foreign languages, only the text shall prevail in the event of a dispute.

In case of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution.

It is recalled that the search for an amicable solution does not interrupt the deadlines for legal guarantees (compliance and hidden defects). It is recalled that as a general rule and, subject to the judgment of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes:

That the buyer honors his financial commitments to the reseller
That the buyer uses the products in a normal way and in accordance with their destination
That for operations requiring high technicality, no third party not approved by the seller or the manufacturer intervenes for the repair of the device (except in the event of force majeure).