Terms and Conditions of Sale

ARTICLE 1 - Scope of Application

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by LMS CORPORATION ("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 heelss.com website.

They specify, in particular, the terms and 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 special conditions, set out on the website, prior to any transaction with the Client.

These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, including those applicable to in-store sales or through other distribution and marketing channels.

They are accessible at all times on the heelss.com website and shall prevail, if applicable, over any other version or any other contradictory document.

As these General Terms and Conditions of Sale may be subject to subsequent 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:

  • FOOTWEAR

  • ACCESSORIES

  • CLOTHING

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 are the sole responsibility of the Client.

The photographs and graphics presented on the heelss.com website are not contractual and shall not engage the Seller's liability.

The Client is required to refer to the description of each Product to ascertain its properties, essential characteristics, and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

Contractual information is presented in French and is confirmed at the latest when the Client validates the order.

ARTICLE 3 - Validity period of Product offers

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:

LMS CORPORATION 

102 Grande rue 72000 Le Mans 

72000 Le Mans France

Email: contact@heelss.com

Phone: +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) which came into force on May 25, 2018, the Client has, at any time, a right of access, rectification, opposition, erasure, and portability of all their personal data by writing, by mail and by proving their identity, to the Seller's address, mentioned above.

The validation of the order by the Client implies unrestricted and unreserved acceptance 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 immediately report or correct any errors.

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 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 sends the Client an email confirming acceptance of the order, which must be sent without delay and after full payment has been collected 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 relating to the 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 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 requested modifications by the Client (unless the Client prefers 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 in cases of force majeure, at least 2 days before the scheduled date for the supply of the ordered Products, at no cost to the Client.

ARTICLE 6 - Prices

The 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 VAT.

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 validity period, as indicated on the website, the Seller reserving the right, outside this validity period, 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 means of secure payment, according to the following methods:

  • By credit cards: Credit Card, Visa, MasterCard, American Express, Maestro

  • Paypal, Klarna

Payment by credit card is irrevocable, except in cases of fraudulent use of the card. In this case, the Client may request cancellation of the payment and reimbursement of the corresponding amounts.

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 transit 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 special 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 communicated for indicative purposes. If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other 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 to them at the latest within fourteen days following the date of termination of the contract, excluding any compensation or deduction.

In the event of non-conformity of the delivered Product, the Seller undertakes to remedy it or to reimburse the Client, as indicated in the article "Seller's Responsibility - Warranty".

The Seller bears the risks of transport and is obliged to reimburse the Client in the event of damage 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 be effected after full payment of the price by the latter, regardless of the delivery date of the said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only be effected 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 provide 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 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 put back on the market 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 acknowledgement of receipt on a durable medium will be immediately communicated to the Client by the Seller, or by any other unambiguous statement expressing the desire to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the purchased Product(s) and delivery costs are reimbursed; return costs remain the responsibility of the Client.

The reimbursement 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 performance compatible with non-professional uses.

The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:

  • of the legal guarantee of conformity, for Products that are apparently defective, damaged or spoiled or do not correspond to the order,

  • 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 exempted from providing proof of the existence of the conformity defect of the Product 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 can choose between rescission of the sale or a reduction of the selling price in accordance with 1644 of the Civil Code.

The Seller will refund 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 observation of the defect 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:

  • non-compliance with the legislation of the country in which the products are delivered, which it is the Client's responsibility to verify,

  • in case of misuse, professional use, negligence or lack of maintenance on the part of 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 case, limited to the replacement or reimbursement of non-compliant or defective Products.

ARTICLE 12 - Personal Data Protection

In application of Law 78-17 of January 6, 1978, amended by Law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the Client is necessary for the processing of their order and the establishment of invoices, in particular. This data may be communicated to the Seller's potential partners responsible for the execution, processing, management, and payment of orders.

The processing of information communicated through the heelss.com website complies with legal requirements regarding personal data protection, the information system used ensuring optimal protection of this data.

In accordance with current national and European regulations, the Client has 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 transactions of Products from the Seller to the Client. The Seller and the Client therefore each waive the right to invoke the provisions of Article 1195 of the Civil Code and the unforeseeability regime provided therein.

ARTICLE 15 - Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance 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. In the event that they are 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 to which the purchase and sale operations concluded in application of these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences, and their follow-up, and which could not have been 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 case resort to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of 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 fact that a natural person (or legal entity) orders on the heelss.com website implies full and complete adherence to and acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly acknowledged by the Client, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Seller.

 

 

APPENDIX

APPENDIX 1 - Provisions relating to legal guarantees

Article L217-4 of the Consumer Code The seller is obliged to deliver goods that comply with the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from packaging, assembly instructions, or installation when the latter was carried out by them or under their responsibility.

Article L217-5 of the Consumer Code To comply with the contract, the goods must:

  • Be fit for the purpose ordinarily expected of similar goods 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

  • present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by their representative, particularly in advertising or labelling

  • Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Article L217-12 of the Consumer Code The action resulting from a lack of conformity lapses 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 warranty period granted at the time of the acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the availability of the good for repair, if this availability 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 that render it unfit for the use for which it was intended, or that diminish such use so significantly that the buyer would not have acquired it, or would have paid a lesser price, had they known of them.

Article 1648, first paragraph, 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, unless exclusions or limits to the exercise of the right of withdrawal apply according to the General Terms and Conditions of Sale.

To the attention of HEELSS by email: contact@heelss.com

  • Order placed on: ........................................................... 

  • Order number: ........................................................... 

  • Client's name: ........................................................................... 

  • Client's address: ....................................................................... 

Client's signature (only if this form is submitted on paper)