General Terms and Conditions of Sale
1. LEGAL NOTICE
Huîtres Hélie
TRADE NAME Oysters Hélie
SAS with a capital of 100,000 euros
RCS CHERBOURG D 930 121 587
Rue des Parcs – BP 19 – 50550 Saint-Vaast-la-Hougue
Represented by its Managing Director, Mr. Wilfrid PETRIE
Accommodation: www.ovh.com
2. PURPOSE
2.1. These General Terms and Conditions of Sale define the terms and conditions under which any person (hereinafter “the Customer”) orders and purchases the products sold by Huîtres Hélie (hereinafter “Huîtres Hélie”), within the framework of a distance selling system on the Internet, for goods defined in the sales catalogue of the Internet and mobile websites www.huitres-st-vaast.com (hereinafter “The Site”)
3. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
3.1. These General Terms and Conditions of Sale are brought to the attention of the Customer to enable him to place an order.
3.2. The fact that the Client fulfils an order on the Website, and confirms the order, constitutes full and complete acceptance of these General Terms and Conditions of Sale, which will be the only ones applicable to the following contract.
3.3. SCEA Huîtres Hélie reserves the right to modify these General Terms and Conditions of Sale in whole or in part and at any time.
4. CHARACTERISTICS OF THE GOODS PROPOSÉS
4.1. The products offered to the Client are those that appear in the catalogue published on the Website, subject to the limits of available stocks and the proper functioning of the Website.
4.2. Each product is presented accompanied by a photograph and a description drawn up by Huîtres Hélie. The descriptions are intended to present the essential characteristics of the products to the Client before the final order is placed and cannot in any way engage the responsibility of Huîtres Hélie. The photographs of the products are provided for information purposes only, and are not contractual.
5. TAKING ORDERS AND CONFIRMATION
5.1. Taking an order on the Site involves opening a Customer Account by entering two identifiers: an email address and a password. These identifiers are and must be kept confidential. The Customer’s right of access to the identifiers may be made by simple request to the Internet Customer Service of La Huîtres Hélie, which will only respond by e-mail to the address used to create the Customer Account.
5.2. In order to place an order, the Client undertakes to fill in the mandatory fields with precision and rigour. As such, he undertakes to fill in full the various sections necessary for the proper processing of his order:
– • Choice of product(s)
– • Choice of billing address
– • Choice of delivery address
– • Choice of payment method chosen
– • Order validation after verification
– • Payment of the order under the conditions provided
5.3. Oysters Hélie will confirm the order and its payment on the Site, following payment
By e-mail, to the EMAIL address indicated by the Client
5.4. Oysters Hélie reserves the right to refuse an order in the event of a breach by the customer of one of its obligations, and more generally, to refuse any order of an abnormal or incomplete nature for any reason whatsoever. The order is only final after confirmation by Huîtres Hélie.
5.5. Home shipments are made only in metropolitan France
6. MEANS OF PAYMENT
6.1. Payment for products is made by VISA and MASTERCARD credit card, online from the Site, through the secure payment system of the Huîtres Hélie banking institution. The validation of the payment by credit card is immediate.
6.2. To be registered, the order must be paid in full. Unpaid orders cannot be delivered.
7. PREUVE
7.1. , The SCEA Huîtres Hélie, via its hosting provider OVH, keeps the purchase orders and invoices in its computer systems and under reasonable security conditions.
7.2. Consequently, OVH’s computerized records constitute a reliable and durable medium that can be produced as evidence.
8. RIGHT OF RÉTRACTATION
8.1. The 7-day withdrawal period does not apply to contracts for the supply of perishable or agri-food products, such as goods sold by Huîtres Hélie. Therefore, the Client cannot rely on it.
8.2. However, as far as possible, a modification or cancellation on his part may be taken into account insofar as the package is being prepared, and has not yet been shipped. This possibility is appreciable on a case-by-case basis. In case of cancellation, a credit note for the amount of the order will be credited to the customer, no refund can be made.
8.3. However, from the moment the package is handed over to the carrier, no modification or cancellation can be taken into account and the price paid will not be refunded.
9. BREAKING STOCKS
9.1. The products sold on the Site are offered within the limit of available stocks. A product that has become unavailable will be removed from the online product catalog as soon as possible.
9.2. However, in the event of a stock shortage, Huîtres Hélie will contact the Client by telephone or e-mail as soon as possible in order to agree with him:
– • to postpone delivery while waiting for the restocking of this product, when possible,
– • Replace the product with another equivalent in quality and price.
9.3. Hélie Oysters’ products are made in an artisanal way and are available in limited quantities. For all intents and purposes, it is important to note that orders placed during the holiday season (especially the end of year celebrations) may result in greater risks of stock shortages compared to those made during other periods of the year.
10. PRICE
10.1. The prices indicated at the departure from the laboratory, Oysters Hélie on the site, are prices including VAT, excluding shipping costs. Shipping costs are indicated at the time of validation of the basket.
10.2. Delivery costs are charged in addition to the price of the goods. Delivery rates depend on the shipping location and the shipping method chosen.
10.3- REMINDER, Hélie Oysters does not make deliveries outside of mainland France.
11. DELIVERY OF PRODUITS
11.1. Home shipments are made only in metropolitan France, within the deadlines indicated when the order is placed by the Customer. The SCEA Huîtres Hélie is not structured to make deliveries outside Metropolitan France.
11.2. The Client is responsible for the information relating to the name and address of the recipient. These details must be precise, accurate, and complete (in particular door and floor code) to allow delivery under normal conditions.
11.3. Hélie Oysters cannot be held responsible for a return of delivery due to an error in the address or an impossibility to deliver to the address indicated.
11.4. In the event that a delivery address is incomplete or inaccurate, Huîtres Hélie reserves the right to contact the recipient directly by telephone or e-mail, in order to complete with him/her the missing delivery information insofar as the telephone number or email is not incorrect and the recipient is available.
11.5. Orders indicating an address in a PO Box cannot be taken into account and processed.
11.6. In the event of the absence of the recipient or of a person who can take possession of the products at the time of delivery, and to the extent that the recipient has access to the recipient’s mailbox, the carrier will leave a notice inviting the recipient to come and collect his product at a designated post office.
Under no circumstances can Huîtres Hélie be held responsible for any deterioration of the products due to their late collection from the carrier.
11.7. Damages cannot be awarded if delivery deadlines are exceeded.
11.8. The delivery times indicated on the item sheet and on the “delivery times and costs” page are usual average times and correspond to the shipping processing times (time mentioned on the item sheet), plus the delivery time. . Delivery time cannot be guaranteed during festive periods such as Christmas, Easter, Valentine’s Day or Mother’s Day. Huîtres Hélie cannot be held responsible for the consequences due to a delay in delivery. Any order not shipped within 30 days of the order being placed is cancelled, unless otherwise stipulated and announced in the offer to sell.
11.9. Finally, if the product, under the responsibility of the carrier, has not been delivered, for any other cause related to customs, strikes or damage or any other cause of force majeure as defined by the courts, the sale may then be cancelled and the Client may obtain a refund of its price to the exclusion of any other compensation or damages.
12. WARRANTY OF PRODUCTS
12.1. SCEA Huîtres Hélie guarantees the Customer that the products are manufactured and packaged according to strict quality rules, and stored in accordance with the standards in force in France.
12.2. However, Huîtres Hélie cannot extend its warranty on its products if the Customer has not complied with optimal storage conditions, or if the Customer has consumed products beyond the shelf life date indicated on the packaging.
13. INTELLECTUAL PROPERTY
13.1. All elements of the Site (photographs, illustrations, pictograms, and descriptions, logo, brand) are and remain the intellectual and exclusive property of Huîtres Hélie.
13.2. The reproduction, representation, exploitation, redistribution, or use for any reason whatsoever, even partially, of the elements of the Site, whether software, visual or sound, are subject to the express prior authorization of Huîtres Hélie, holder of all intellectual property rights.
14. PERSONAL DATA PROTECTION
14.1. By ordering via the Site, the Customer consents to the use by Huîtres Hélie of personal data concerning him/her. This data is necessary to ensure the proper processing of orders.
14.2. All of this information is treated with the utmost rigour and discretion. The file containing this information has been declared to the Commission Nationale de l’Informatique et des Libertés (number 1189169).
14.3. In accordance with Article 34 of the French Data Protection Act of 6 January 1978, the Client has the right to access, rectify and delete data concerning him/her. To exercise this right and obtain communication of information, the Customer may contact Huîtres Hélie at the address contact@huitres-helie.com. Applications are processed within a maximum of one month.
15. INDEPENDENCE OF CLAUSES
15.1. If any of these terms and conditions are declared unenforceable or are invalidated for any reason, such invalidity shall not affect the application or validity of the other provisions of the general terms and conditions, the one invalidated or deemed unenforceable being replaced by the closest possible provision.
16. FORCE MAJEURE
16.1. Neither SCEA Huîtres Hélie nor the Client can be held liable for any non-performance, non-performance or delay in the performance of one of its obligations described in these General Terms and Conditions of Sale that would have the origin of a case of force majeure.
16.2. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code. Expressly the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the case law of the French courts and tribunals: Total or partial strikes, lock-outs, riots, civil disturbances, insurrections, wars, bad weather, epidemics, blockades of means of transport or supplies for any reason whatsoever, earthquakes, fires, storms, etc. flooding, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, blockage of telecommunications, including telecommunications networks.
17.APPLICABLE LAW-LITIGES
17.1.This contract is subject to French law. The language of this contract is French. In the event of a dispute, only the courts located in the district to which the
The SCEA Huîtres Hélie will be competent.
18.CUSTOMER SERVICE
For any information or question, our customer service is at your disposal:
Tel: 02 33 54 42 70
Fax: 02 33 54 43 70
(Tuesday to Saturday from 9 am to 12:30 pm and 2 pm to 5:00 pm)
Address:
Huîtres HélieRue des Parcs – BP 1950550 Saint-Vaast-la-Hougue
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