ARTICLE 1 - Scope of Application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by HENRY Steevens ("the Seller") with consumers and non-professional buyers ("the Clients or the Client"), who wish to purchase products offered for sale by the Seller ("the Products") on the website heelss.com.
They specify, in particular, the conditions for ordering, payment, delivery, and handling of any returns of Products ordered by Clients.
These General Terms and Conditions of Sale may be supplemented by specific conditions, stated on the website, prior to any transaction with the Client.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to in-store sales or through other distribution and marketing channels.
They are accessible at any time on the heelss.com website and will prevail, if applicable, over any other version or any other contradictory document.
As these General Terms and Conditions of Sale may be subject to future modifications, the version applicable to the Client's purchase is the one in force on the website on the date the order is placed.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the heelss.com website are as follows:
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FOOTWEAR
The main characteristics of the Products, and in particular the specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the heelss.com website.
The Client is required to read them before placing any order. The choice and purchase of a Product is the sole responsibility of the Client.
The photographs and graphics presented on the heelss.com website are not contractual and cannot engage the responsibility of the Seller.
The Client is required to refer to the description of each Product to know its properties, essential features, and delivery times, as well as, in the case of continuous or periodic supply of goods, the minimum duration of the proposed contract.
Contractual information is presented in French and is confirmed at the latest when the order is validated by the Client.
ARTICLE 3 - Duration of Product Offer Validity
Product offers are valid within the limits of available stock, as specified when the order is placed.
ARTICLE 4 - Seller's Contact Details
The Seller's contact details are as follows:
HENRY Steevens
102 Grande rue 72000 Le Mans
72000 Le Mans France
Email: contact@heelss.com
Telephone: +33 6 69 38 87 21
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) effective May 25, 2018, the Client has, at any time, a right to access, rectify, object to, erase, and port all of their personal data by writing, by mail and by justifying their identity, to the Seller's address, mentioned above.
The validation of the order by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Client acknowledges having the necessary capacity to contract and acquire the Products offered on the heelss.com website.
ARTICLE 5 - Orders
5-1 . Placing an Order It is the Client's responsibility to select the Products they wish to order on the heelss.com website, according to the following procedure:
The Client has the possibility to check the details of their order, its total price, and correct any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and to report or correct any error immediately.
An order is registered on the heelss.com website when the Client accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. This validation implies acceptance of all of these General Terms and Conditions of Sale as well as the general terms of use of the website.
The sale is considered final only after the Seller has sent the Client an email confirming acceptance of the order, which must be sent without delay and after full payment has been received by the Seller.
Any order placed, validated by the Client and confirmed by the Seller, under the conditions and according to the terms described above, on the heelss.com website constitutes the formation of a distance contract between the Client and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding payment of a previous order.
The Client can track the progress of their order on the heelss.com website under the "Order Tracking" section.
The Seller does not intend to sell Products on the heelss.com website to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities and containing more than 10 items.
5-2 . Order Modification Any modifications to the order by the Client can only be taken into account by the Seller within the limits of its possibilities and provided that they are notified by email to the following address: contact@heelss.com at least 2 days before the scheduled shipping date of the order.
In the event that these modifications cannot be accepted by the Seller, any sums paid by the Client when placing the order will be refunded within a maximum of 14 days from the notification of the impossibility to accept the modifications requested by the Client (unless the Client prefers to receive a credit note or an exchange).
5-3 . Order Cancellation Orders can be cancelled by the Client, excluding the exercise of the right of withdrawal or cases of force majeure, at least 2 days before the scheduled date for the supply of the ordered Products, without any cost to the Client.
ARTICLE 6 - Prices
Products are supplied at the prices in force appearing on the heelss.com website, when the order is registered by the Seller. Prices are expressed in Euros, including all taxes.
The prices take into account any reductions that may be granted by the Seller on the website.
These prices are firm and non-revisable during their period of validity, as indicated on the website, the Seller reserving the right, outside this period of validity, to modify prices at any time. They include processing, shipping, transport and delivery costs.
The payment requested from the Client corresponds to the total amount of the purchase, including these costs.
ARTICLE 7 - Payment Conditions
The price is payable in full on the day the order is placed by the Client, by secure payment, according to the following methods:
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By credit cards: Carte Bancaire, Visa, MasterCard, American Express, Maestro
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Paypal, Klarna
Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the Client can request cancellation of the payment and restitution of the corresponding sums.
ARTICLE 8 - Deliveries
Products ordered by the Client will be delivered in metropolitan France and internationally.
The delivery time corresponds to the shipping time indicated on the Product sheet plus processing and shipping time. Products are delivered within an average of 7 to 10 days to the address indicated by the Client when placing their order on the website.
Delivery is constituted by the transfer of physical possession or control of the Product to the Client. Except in specific cases or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the deadlines specified above. However, these deadlines are given for indicative purposes. If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any other cause than force majeure or the Client's fault, the sale may be cancelled at the Client's written request under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be refunded no later than fourteen days following the date of termination of the contract, excluding any compensation or retention.
In case of non-conformity of the delivered Product, the Seller undertakes to remedy it or to refund the Client, as indicated in the article "Seller's Responsibility - Warranty".
The Seller assumes the risks of transport and is obliged to reimburse the Client in case of damages caused during transport.
ARTICLE 9 - Transfer of Ownership - Transfer of Risks
The transfer of ownership of the Products from the Seller to the Client will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration related thereto will only occur when the Client takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 10 - Right of Withdrawal
In accordance with the legal provisions in force, the Client has a period of fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days (14 days at the latest following the communication of the decision to withdraw) following notification to the Seller of the Client's decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on the heelss.com website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Client by the Seller, or by any other unambiguous statement expressing the will to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Client.
The refund will be made within fourteen days (at most 14 days) from the notification to the Seller of the decision to withdraw.
ARTICLE 11 - Seller's Liability - Warranty
The Products sold on the heelss.com website comply with the regulations in force in France and have performances compatible with non-professional use.
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
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of the legal guarantee of conformity, for Products that are apparently defective, damaged or spoiled or that do not correspond to the order,
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of the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use,
under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is reminded that within the framework of the legal guarantee of conformity, the Client benefits from a period of two years from the delivery of the goods to act against the Seller; can choose between repair or replacement of the ordered Product, subject to the cost conditions provided for in article L 217-9 of the Consumer Code; is exempt from proving the existence of the Product's lack of conformity during the twenty-four months following the delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product. The Client may decide to implement the guarantee against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, they may choose between rescission of the sale or a reduction in the selling price in accordance with Article 1644 of the Civil Code.
The Seller will reimburse or replace Products or parts under warranty deemed non-compliant or defective. Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's finding of the lack of conformity or hidden defect. The refund will be made by credit to the Client's bank account.
The Seller's liability cannot be engaged in the following cases:
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non-compliance with the legislation of the country where the products are delivered, which it is up to the Client to check,
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in case of misuse, use for professional purposes, negligence or lack of maintenance by the Client, as well as in case of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 12 - Personal Data Protection
In application of Law 78-17 of January 6, 1978, amended by Law no. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Client is necessary for processing their order and establishing invoices, among other things. This data may be communicated to any partners of the Seller responsible for the execution, processing, management, and payment of orders.
The processing of information communicated through the heelss.com website meets legal requirements for personal data protection, with the information system used ensuring optimal protection of this data.
The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability, and limitation of processing concerning their information. This right can be exercised under the conditions and according to the procedures defined on the heelss.com website.
ARTICLE 13 - Intellectual Property
The content of the heelss.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting, parasitism and an act of unfair competition.
ARTICLE 14 – Unforeseeability
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in article 1195 of the Civil Code for all sales of Products by the Seller to the Client. The Seller and the Client therefore each waive their right to invoke the provisions of article 1195 of the Civil Code and the regime of unforeseeability provided therein.
ARTICLE 15 - Force Majeure
The Parties cannot be held responsible if the non-execution or the delay in the execution of any of their obligations, as described herein, results from a case of force majeure, as defined in article 1218 of the Civil Code.
ARTICLE 16 - Applicable Law - Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law. They are written in French. Should they be translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 17 - Disputes
All disputes that may arise from the purchase and sale operations concluded in application of these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences and aftermath, and which could not be resolved between the seller and the client, will be submitted to the competent courts under the conditions of common law.
The Client is informed that they may, in any event, resort to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Mediator for the heelss.com website: CM2C, 14 rue Saint Jean, 75017 Paris, Tel: 01 89 47 00 14.
ARTICLE 18 - Pre-contractual Information - Client Acceptance
The act of a natural person (or legal entity) placing an order on the heelss.com website implies full and complete adherence to and acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly acknowledged by the Client, who specifically waives the right to invoke any contradictory document, which would be unenforceable against the Seller.
APPENDICES
APPENDIX 1 - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code The seller is obliged to deliver goods that conform to the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from the packaging, assembly instructions, or installation when this was carried out by them under the contract or under their responsibility.
Article L217-5 of the Consumer Code To be in conformity with the contract, the goods must:
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Be fit for the purpose ordinarily expected of similar goods and, where applicable:
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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
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possess the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labeling
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Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L217-12 of the Consumer Code The action resulting from non-conformity is time-barred after two years from the delivery of the goods.
Article L217-16 of the Consumer Code When the buyer requests from the seller, during the commercial guarantee period granted to them upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining duration of the guarantee. This period runs from the buyer's request for intervention or the provision of the good for repair, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code The seller is bound by the warranty against hidden defects of the sold item which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given a lesser price for it, had they known of them.
Article 1648, paragraph 1 of the Civil Code The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
APPENDIX 2 - Withdrawal Form
This form must be completed and returned only if the Client wishes to withdraw from the order placed on heelss.com, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of HEELSS by email: contact@heelss.com
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Order of: ...........................................................
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Order number: ...........................................................
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Client name: ...........................................................................
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Client address: .......................................................................
Client's signature (only in case of notification of this form on paper)