TERMS AND CONDITIONS OF SALE - APPLICABLE IN FRANCE
ARTICLE 1 - Scope of application
The following terms and conditions are intended to define the legal framework that will apply to relations between : - helvecy, publisher of the www.helvecy.com website, registered with the Paris Trade and Companies Register under SIRET number 849 409 313, located at 6, rue d'Armaillé, 75017, Paris. - and any person visiting or making a purchase from the www.helvecy.com site. Their purpose is to define the reciprocal rights and obligations of both parties during the various stages of ordering one or more items. Any person registering on the site must accept these terms and conditions of sale without reservation. No purchase may be made on the site without having first accepted these conditions. These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reserve, to all sales concluded by the Vendor with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Vendor on the www.helvecy.com website. The Products offered for sale on the site are as follows: Retail sale of watches and jewelry in specialized stores. 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 www.helvecy.com site, which the customer is required to read before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are subject to stock availability, as specified when the order is placed. These General Terms and Conditions of Sale are available at all times on the www.helvecy.com website and shall prevail over any other document. The customer declares that he/she has read and accepted these terms and conditions of sale by checking the appropriate box before placing an order online at www.helvecy.com. In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer. The Vendor's contact details are as follows Helvecy Sarl 6 Rue D'armaille 75017 Paris Registration number: 919 529 479 00017 Email: sales@helvecy.com
ARTICLE 2 - Prices
The Products are supplied at the current prices shown on the www.helvecy.com website, at the time the order is registered by the Vendor. Prices are expressed in Euros, exclusive of VAT. Prices take into account any discounts granted by the Vendor on the www.helvecy.com website. These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside their period of validity. Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 - Orders
It is the Customer's responsibility to select the Products he/she wishes to order on the www.helvecy.com website, according to the following procedures: - Order on the website - Order by e-mail Product offers are valid as long as they are visible on the site, within the limit of available stocks. The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any error. Any order placed on the www.helvecy.com website constitutes the formation of a distance contract between the Customer and the Vendor. The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. The Customer may follow the progress of his/her order on the website. Any cancellation of the order by the Customer will only be possible before delivery of the Products (independently of the provisions relating to the application or not of the legal right of retraction).
ARTICLE 4 - Terms of payment
The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment, by bank cards: Visa, MasterCard, American Express, other credit cards. The price is paid by secure payment as follows: - payment by credit card - or payment by bank transfer to the Vendor's bank account (details of which are communicated to the Customer when the order is placed) The price is payable in full by the Customer on the day the order is placed. Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the www.helvecy.com website. Payments made by the Customer will not be considered final until the Seller has received the sums due. The Vendor will not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions. Payment in instalments - Credit with Younited: Helvecy offers its customers the Younited credit service for the settlement of their purchases and the execution of payment. This is subject to the customer's acceptance of the credit agreement offered by Younited. Helvecy (no. ORIAS 22006748) acts as Younited's non-exclusive banking agent. Helvecy assists in credit transactions without acting as a lender. Helvecy accepts in advance the granting of credit concluded between Younited and the customer in accordance with Article L312-46 of the French Consumer Code. If Younited agrees to grant credit to the customer, the amount will be paid by credit in accordance with Article L312-45 of the French Consumer Code. If Younited refuses to grant credit for an order, the order may be cancelled, unless the customer agrees to pay cash. Any termination of the GTC between the customer and Helvecy will result in the termination of the credit agreement between Younited and the customer. The amount is paid by a credit granted by Younited registered on the REGAFI under number 13156, approved as a credit institution by the Autorité de Contrôle Prudentiel et de Résolution (ACPR) - 4 Place de Budapest - CS 92459 - 75436 PARIS CEDEX 09 - www.acpr.banque-france.fr. We remind you that a loan commits you and must be repaid. Please check your ability to repay before committing yourself.
ARTICLE 5 - Delivery
Products ordered by the Customer will be delivered to Metropolitan France. Deliveries are made within 14-21 days to the address indicated by the Customer when ordering on the site. Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once. The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above. If the Products ordered have not been delivered within 45 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction. Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering, and to which the carrier has easy access. If the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Vendor to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported. In the event of a special request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer. The Customer must check the condition of the products delivered. The Customer has a period of #254 Maximum period for... from the date of delivery to make any claims by post or e-mail, accompanied by all relevant supporting documents (in particular photos). Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor. The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS. The transfer of the risks of loss and deterioration relating to the Products will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this case, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - Right of withdrawal
In accordance with article L221-18 of the French Consumer Code, "For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good" The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS. Returns must be in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice. Damaged, soiled or incomplete products cannot be returned. Return shipping costs will be borne by the customer. The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in the present article.
ARTICLE 8 - Seller's liability - Warranties
The Products supplied by the Vendor benefit from: the legal guarantee of conformity, for defective, damaged or damaged Products, or Products which do not correspond to the order, the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use, Provisions relating to legal guarantees Article L217-4 of the French Consumer Code "The vendor is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility." Article L217-5 of the French Consumer Code "The good conforms to the contract: 1° If it is fit for the use usually expected of a similar good and, where applicable : - if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is 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 French Consumer Code: "Action resulting from a lack of conformity is barred after two years from delivery of the goods Article 1641 of the French Civil Code. "The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them Article 1648 paragraph 1 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect Article L217-16 of the French Consumer Code. "When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run. This period runs from the date of the buyer's request for repair, or from the date the item is made available for repair, if the item is made available after the request for repair In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered. The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective. Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts. Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the non-conformity or hidden defect. Reimbursement may be made by bank transfer or cheque. The Vendor may not be held liable in the following cases: - Non-compliance with the legislation of the country of delivery, the verification of which is the responsibility of the Customer. - In the event of misuse, professional use, negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product, accident or force majeure. - The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Vendor. The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
ARTICLE 9 - Personal data
The Customer is hereby informed that the collection of his/her personal data is necessary for the sale of Products by the Vendor, as well as for their transmission to third parties for the purpose of delivering Products. This personal data is collected solely for the purpose of executing the sales contract. 9.1 Collection of personal data The personal data collected on the www.helvecy.com website is as follows: Product order: When the Customer places an order for Products, the following information is collected: full name, postal address, telephone number and e-mail address. Payment In the context of payment for Products offered on the www.helvecy.com site, the latter records financial data relating to the Customer's bank account or credit card. 9.2 Recipients of personal data Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficient sale and delivery of the Products. The category(ies) of co-contractor(s) is (are) : - Transport service providers - Payment institution service providers - Marketing 9.3 Data controller The data controller is the Seller, within the meaning of the French Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data. 9.4 Limitation of processing Unless the Customer expresses his/her express consent, his/her personal data will not be used for advertising or marketing purposes. 9.5 Data retention period The Seller will retain the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability. 9.6 Security and confidentiality The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, Destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information over the Internet. 9.7 Implementation of customer and user rights Pursuant to the regulations applicable to personal data, customers and users of the www.helvecy.com website have the following rights: - They may update or delete their personal data in the following ways: Request by e-mail. - They may delete their account by writing to the e-mail address indicated in article 9.3 "Data controller" - They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 "Data controller" - If the personal data held by the Vendor is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller" - They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller" - They may also request the portability of data held by the Vendor to another service provider - Finally, they may object to the processing of their data by the Vendor. These rights, provided that they do not object to the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above. The data controller must reply within a maximum of one month. Any refusal to grant the Customer's request must be justified. Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority. The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Vendor. The Customer may withdraw this consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the www.helvecy.com website is the property of the Vendor and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.
ARTICLE 11 - Applicable law - Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law. These GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute. ARTICLE 12 - Disputes For any complaint, please contact the customer service department at the Vendor's postal or e-mail address indicated in ARTICLE 1 of these GTCS. The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example). The customer is also informed that he/she may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show All disputes arising from the purchase and sale transactions concluded in application of these GTCs, and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.
GENERAL CONDITIONS OF SALE - APPLICABLE IN SWITZERLAND
The general terms and conditions of sale (GTCS) set out below govern sales made by Helvecy Sàrl (Helvecy). The following terms and conditions apply exclusively to Helvecy Sàrl and any individual, legal entity or Customer making a purchase on the Helvecy.com website. As the GTC may be modified at any time, the user of the website and the Customer acknowledge that they are aware of the GTC in force at the time of placing an order. By placing an order, the Customer expressly accepts all the terms and conditions in force on the date of purchase.
ARTICLE 1 - ORDERS
The Customer may place an order by several means. For all orders placed on the www.Helvecy.com website, contractual and legal information is presented in the chosen language. Orders on the Helvecy.com website are placed via a secure connection. Helvecy reserves the right to refuse delivery of orders from foreign countries with payment of a suspicious nature (suspicious credit card, banking risk, customs risk, etc.) without carrying out additional checks, which could delay delivery. Helvecy also reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order, or for any other reason without explanation. All Customer orders, which have been confirmed by the sending of an order confirmation, are considered firm and definitive from the date of their receipt by Helvecy. Any modification of an order, for whatever reason, requires the prior written consent of Helvecy. Delivery of an order will not be made until full payment for the order has been received by the Customer.
ARTICLE 2 - PRICES
All prices quoted are public prices and are in Swiss francs, all taxes included. Unless otherwise stated, prices displayed on the Website are in Swiss francs (CHF), including VAT. Prices may be displayed in foreign currencies, based on the daily conversion rate, but payment will be debited in Swiss francs. The prices shown on the website at the time of ordering apply. We reserve the right to modify Product prices at any time. In the case of orders to countries other than Switzerland, any customs duties or local taxes will be borne by the recipient. All orders, whatever their origin, are payable in Swiss francs. In the case of the monthly instalments indicated, this is the final amount based on a calculation by our financial partner, subject to acceptance by both parties. Products remain the property of Helvecy until full payment of the order by the customer.
ARTICLE 3 - PRODUCT AVAILABILITY
Our product offers and prices are valid as long as they are visible on the site, while stocks last. Some products marked "On request" are not in stock, but can be ordered from our suppliers. Indications of product availability are provided in any case when you place your order. In the event of product unavailability after your order has been placed, Helvecy will indicate a new delivery date without delay and by all means, as soon as we receive the information. In this case, the customer may cancel the order. In the event of default, impossibility of delivery or for any other reason, Helvecy reserves the right to cancel all or part of any orders already paid for, and in this case undertakes to reimburse the customer for any sums already paid. We may have to refuse, delete or cancel an order after it has been confirmed, for any reasonable reason. In this case, you will be informed of the delivery of a partial order or of the cancellation of your order. If you have already paid for certain Products, we will refund the full amount of the Products concerned as well as any delivery charges invoiced as soon as possible. We may also refuse an order in the event of a dispute concerning payment for previous orders or in the case of abnormal orders and orders for which Helvecy suspects that they have not been made in good faith.
ARTICLE 4 - DELIVERY OF PRODUCTS
All orders will be processed upon receipt of full payment from the Customer. The time required to validate payment and dispatch the order varies according to the method of payment chosen. In any case, Helvecy reserves the right not to deliver an order if there is any doubt about the integrity of the Customer's payment. The products ordered will be delivered to the delivery address indicated by the Customer during the ordering process. Helvecy cannot be held responsible for any error in the Customer's delivery address. The average delivery time is 7 to 14 days from the date of receipt of full payment by the Customer. These times are indicative and may be longer due to high demand, rarity of the product, availability from our suppliers or as a result of the current period. The final delivery time will be communicated to the customer by email with the order confirmation. For orders from abroad, the delivery time may vary according to various parameters (means of payment, country of delivery, customs charges, etc.). You accept that Helvecy assumes no risk of loss, theft, delay or other damage in connection with the delivery of your order. It is your responsibility to inspect the Products immediately upon receipt and to identify any manufacturing defects. Unless notice of defects is sent by registered mail no later than 14 calendar days after delivery, specifying the nature of the defects found, the Products are deemed to have been accepted. Defects which could not be detected at the time of receipt (hidden defects) must be notified to us by registered mail within 10 calendar days of their appearance, failing which they are definitively considered accepted.
ARTICLE 5 - PAYMENT
The www.helvecy.com website uses a secure payment platform that guarantees optimum protection of your bank details. 5.1. Payment. Products may be paid for either by the usual means of payment indicated on the Website (bank transfer, credit card, Paypal, Apple Pay, Google Pay), or by external financing under the conditions of Article 5.2 below. 5.2. Financing request. For Products between CHF 2,000 and CHF 15,000, you can apply for 0% financing. To do so, you can submit a financing application, subject to acceptance, and enter into a contract with Helvecy. The debt is then transferred to our partner through the financing contract between you and Helvecy. We accept no responsibility for loans or credits approved by our partner. Obtaining financing is subject to our partner's conditions, in particular: you must be at least 25 years old, live in Switzerland and be a Swiss citizen or hold a B or C residence permit. Financing contracts must be fully amortized before your 65th birthday. You must provide the required information and documents in the checkout or by email to ensure that your application is processed correctly.
ARTICLE 6 - RETRACTION & RETURNS
The customer has a withdrawal period of 7 calendar days from receipt of the order placed on our website. The customer must send his return request by e-mail to Sales@helvecy.com. The cost of returning the product is borne by the customer, who must ensure that the product is delivered by secure express delivery using the carrier of Helvecy's choice. In the case of a financed purchase, the legal retraction and return period governed by our partner's general terms and conditions begins as soon as the financing contract is signed. No watch may be returned after this period, except in the case of article 4 of these terms and conditions. Products sold with special conditions, from our Watch Hunter, on request or special orders cannot be returned. Orders placed under these conditions are considered firm and definitive. Unless otherwise stated, Products returned to us will be exchanged or refunded, at your option, within 30 days of the date on which we receive them, using the same method of payment as was used to order the Products. Refunds may be made by the same means of payment used for purchase, or by another means of payment at no additional cost to the Customer. Please note that in the case of payment by credit card, Stripe or Paypal, Helvecy will reimburse the Customer by deducting the collection costs associated with the initial payment made by the Customer. All products must be returned in new condition. It is important not to wear the product until you are sure that you will be able to keep it. All plastic, labels and protective accessories must be intact. Helvecy reserves the right to unilaterally cancel an order without justification.
ARTICLE 7: SECURE PAYMENT
The www.helvecy.com website is subject to a secure payment and personal data system: we use the SSL encryption process, a payment platform and all scrambling and encryption processes to protect all sensitive payment data as effectively as possible.
ARTICLE 8 - INTELLECTUAL PROPERTY
The Helvecy trademark is registered with the Swiss Federal Institute of Intellectual Property. All texts, comments, works, illustrations and images reproduced on the www.helvecy.com website are reserved under copyright and intellectual property law for the entire world.
ARTICLE 9 - WATCH WARRANTY
All new watches purchased from Helvecy carry a factory warranty ranging from two to eight years, depending on the brand, and are subject to the conditions of use of the watch brand. Some watches also come with a Helvecy warranty card valid for two years from the date on the card. This card is non-transferable and valid only for the original customer. This warranty is subject to the same conditions as the Brand warranty. This warranty is only valid at Helvecy.
ARTICLE 10 - APPLICABLE LAW - DISPUTES
This contract is subject to Swiss law. The language of this contract is French. In the event of a dispute, the Swiss courts within the jurisdiction of Helvecy's registered office shall have exclusive jurisdiction. In the event of any discrepancy between the general terms and conditions in different languages, the French text shall prevail.
ARTICLE 11 - PERSONAL INFORMATION
Helvecy is registered in the Commercial Register of the Canton of Vaud under number CHE-152.495.069. Helvecy undertakes not to divulge to third parties any information that you may communicate to us, which is considered confidential. It will only be used to process your order and to reinforce and personalize the communication and product offer reserved for Helvecy customers, in particular through newsletters to which you have subscribed. In addition, the Helvecy.com platform uses cookies to better meet the expectations of its customers and visitors. Cookies are therefore only used by Helvecy to improve the personalized service provided to you.