Terms of Sales Hell's & Bubbles
1) PRESENTATION OF THE COMPANY HELL'S & BULLES, AUTHOR OF THE OFFER.
HELL'S & BULLES, website www.hellsandbulles.com, presenting the online store is edited by Hell's & Bulles, a simplified joint-stock company with a share capital of €5,000, whose registered office is located at 17 avenue Claude Vignon, 06230 SAINT JEAN CAP FERRAT. It is registered in the Register of Commerce and Companies of Nice us the number 830 490 041 RCS NICE and under the intra-community VAT number FR 12830490041, Mrs Héléna BELLANTE is the Chief Executive Officer.
2 ) SCOPE
These general conditions of sale, as well as all the headings are applicable to the merchant site www.hellsandbulles.com, with a view to offering jewelry for sale to our customers. The Hell's & Bulles company wished to offer, in parallel with its point of sale located at 9 place Georges Clémenceau in SAINT JEAN CAP FERRAT, a distance selling network for some of its products. A rigorous selection of our jewelry as well as limited offers are available on the website.
The system thus put in place, which assumes an active approach on the part of the customer, complies in all respects with the requirements for distance selling and, in particular, with Articles L. 111-1, L.113-3 , L.121-17-1, L.111-4-I, L111-6 and following of the Consumer Code.
It is specified here that the company Hell's & Bulles does not carry out any telephone canvassing of its customers or prospects, and therefore complies with the provisions of the Consumer Code applicable to door-to-door telephone canvassing.
The use of the distance selling process described in these general conditions of sale is reserved for consumers only, within the meaning of the law and case law, acting exclusively for their own account. The Hell's & Bulles online store allows the sale of Hell's & Bulles products to non-professional customers who are consumers, aged over 18 and with full legal capacity. Sales are made for strictly personal use.
These general conditions of sale are applicable to all sales of items on the website which can be delivered worldwide.
Any order on the HELL'S & BULLES online store implies full acceptance of these general conditions of sale by the customer who makes a purchase there. These Conditions can be saved and/or printed and are accessible from all the pages of the HELL'S & BULLES online store. These conditions may be modified at any time, the general conditions of sale applicable being those that the Customer accepts when placing his order.
3) INFORMATION CONCERNING THE ITEMS SOLD
Information relating to all HELL'S & BULLES products that are likely to be sold by the merchant site www.hellsandbulles.com are presented, with their references and as many details as possible (material, photos, size, composition, etc.), on the website as well as in the HELL'S & BULLES showroom in SAINT JEAN CAP FERAT. This information complies with the requirements required by the legal and regulatory texts in force and, in particular, by Articles L. 111-1, L.113-3 and L.111-4-1 of the Consumer Code and by the Ministerial decree of December 3, 1987 “relating to consumer information on prices”. Nevertheless, the customer is invited to consult the description of each product available by clicking on the detail of the product sheets in order to know the specificity and characteristics sought, the choice and the purchase of a product being placed under his sole responsibility.
4) ONLINE ORDERS PROCESS
The photographs and descriptions of the products offered for sale are only indicative and do not bind the company HELL'S & BULLES.
In case of obvious error between the characteristics of the articles and their representation, the company HELL'S & BULLES cannot be held liable. The customer selects the chosen products and puts them in his shopping cart. The customer can proceed to the deletion of the products on the viewing page of "my shopping cart" available in the "shopping cart" icon at the top right of all the pages of the website. The customer is invited to aim and consult the summary of his order and to check all the details and thus identify any errors in his data entry and therefore be able to correct them.
In application of the provisions of article 1369-2 of the Civil Code, the customer will have the possibility, before definitively validating his order, to check the details of his order and its total price before confirming it to express his acceptance. From the moment the customer has validated his order, the company HELL'S & BULLES will acknowledge receipt thereof without delay and electronically.
Upon validation of the order, the customer is required to choose between:
– an order in direct payment, without creating a customer account,
– An order by creating a customer account
– Identify himself if the latter is already registered as a customer on the website via his identifiers and his password.
HELL'S & BULLES cannot be held responsible for inaccuracies in the information provided by the customer. The customer account created by the customer, will give him access to a personal space and will allow him to follow his orders as well as to consult his invoices.
The customer must imperatively:
– confirm their postal delivery and billing address, or indicate a delivery address different from that of the invoice if they wish.
– Take note of the general conditions of sale and accept them explicitly by ticking the box “I have read and accepted the general conditions of sale” before proceeding to the payment of his order.
From the moment the customer has validated his order, the company HELL'S & BULLES will acknowledge receipt thereof without delay and electronically. However, the sale will only be considered final after receipt of payment for the order in full. HELL'S & BULLES will then send the customer confirmation of the order, specifying the shipment of the items.
The Customer formally accepts the use of email for confirmation by HELL'S & BUBBLES of the contents of the command. In accordance with the provisions of article L.122 1 of the Consumer Code, the company HELL'S & BULLES will be entitled to refuse any abnormal order or order placed in bad faith.
In addition, the company HELL'S & BULLES will be entitled and reserves the right to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
5 ) PAYMENT TERMS
The payment of the order is made by credit card or PAYPAL. Carte Bleue, Visa, Mastercard and American Express are accepted.
HELL'S & BULLES has set up a secure payment system for all orders made online via its website www.hellsandbulles.com. Payments are made on an external platform through a payment provider – PAYPAL – complying with PCI DSS security standards.
The Customer has the option of downloading his invoice from his personal space in the “My orders” section.
If the customer has not created a customer account, his invoice is available as an attachment to the shipping confirmation email that HELL'S & BULLES sends him.
6 ) PRICE
The prices of the articles are understood and displayed in euros, all taxes included, unless expressly stipulated otherwise when ordering and are those appearing on the online store HELL'S & BUBBLES when ordering.
The customer is informed that prices are subject to change.
The delivery costs and the costs of importing the items (taxes and customs duties) are the responsibility of the customer and will be indicated to him on the validation page of the basket as well as on the summary page of the order before validation and payment. of the order.
7) DELIVERY TERMS
The delivery of the articles will take place, after the payment of the amount of the order will have been recorded, at the address of the customer. In accordance with the provisions of article L.138.2 of the Consumer Code, the delivery of the items ordered will take place no later than 30 days from the day following the order, subject to full payment of the price and availability of the product. in stock.
HELL'S & BULLES offers several delivery options:
FRANCE :
Standard, product in stock, delivery between 10 to 12 working days, by colissimo, costs 11 € including tax, insurance included.
Express, product in stock, Monday to Saturday, delivery the day after the order, €26 including tax with insurance included.
EUROPE:
Standard, product in stock, delivery between 10 to 12 working days, by colissimo, costs €19 including tax, customs fees and insurance included.
Express, product in stock, Monday to Saturday delivery the day after the order, €49 including tax, customs and insurance costs included.
For all orders of a product that is not in stock, or for any special order (special size, engraving or other), a three-week delay is applied.
In the event that delivery proves impossible given the absence of the Customer at the place of delivery, the Customer will be contacted by SMS and e-mail to schedule a new delivery. As far as possible, a delivery notice will also be left at the Customer's home. The information concerning the delivery methods is also accessible from the basket validation page, as well as on the order summary page, before payment of the latter.
Delivery costs are to be added to the total price of the order.
No delivery will be made by HELL'S & BULLES if full collection of the price proves impossible.
8) RETURN AND RIGHT OF WITHDRAWAL
HELL'S & BULLES intends that those of its customers who are not satisfied with the items ordered can exercise the right of withdrawal provided for in Articles L. 121-21, L. 121-21-1 and L.121-21- 2 of the Consumer Code in the best conditions.
Thus, the customer may return the items delivered within fourteen days of the delivery date, in their original packaging, complete (boxes, accessories, protections, booklet, guarantee) and accompanied by the return slip requested by email or telephone. to HELL'S & BULLES (info@hellsandbulles.com or 0033(0)6 11 31 13 83) duly completed as well as a copy of the invoice, to the following address: HELL'S & BULLES return service, 9 place Georges Clémenceau 06230 SAINT JEAN CAP FERRAT.
It will be up to the customer to provide proof of this return, which assumes that the items must be returned by registered mail, or by any other means giving a certain date, the costs and risks of return remaining the responsibility of the customer.
Given the value of our products, reimbursement of returned items at the invoice price will be made, depending on the method of payment for the items, by crediting the customer's bank account corresponding to the credit card used for payment or by transfer to the customer's bank account, within ten days of receipt by HELL'S & BULLES of the returned items.
Items returned incomplete, damaged, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that the product has been used or worn, will not be refunded or exchanged and will be returned by post.
9 ) EXCHANGES
HELL'S & BULLES wishes to offer its customers the possibility of exchanging the items delivered under the conditions described below.
The customer may, at his option, within thirty days of the delivery date:
• Or carry out the exchange remotely. In this case, the customer can call and contact the sales department of HELL'S & BULLES 003 (0) 6 11 31 13 83 and must return the items delivered in their original packaging, complete (boxes, accessories, booklet, guarantee) , accompanied by the return slip, requested in advance by email or telephone (info@hellsandbulles.com 0033(0)6 11 31 13 83 duly completed as well as a copy of the invoice, to the following address: HELL'S & BUBBLES 9 place Georges Clémenceau 06230 SAINT JEAN CAP FERRAT.
It will be up to the customer to provide proof of this return, which assumes that the items must be returned by registered mail, or by any other means giving a certain date, the return costs remaining the responsibility of the customer. Any new delivery can only take place upon receipt by the company HELL'S & BULLES of the items returned by the customer.
• Or go to the following address Show room HELL'S & BULLES 9 place Georges Clémenceau 06230 SAINT JEAN CAP FERRAT (France), with the items delivered in their original packaging, complete (boxes, accessories, booklet, guarantee) and accompanied a copy of the invoice in order to proceed with the exchange.
Regardless of the option chosen, items returned incomplete, spoiled, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that the product has been used or worn, will not be exchangeable and will be returned to it by post within the case of a remote exchange.
In the event of an exchange of items, the original sale will be resolved. The payment of the new sale will be made by compensation with the amount of the previous sale, it being understood that any overpayment will be the subject of a credit note in favor of the customer.
In the event of an exchange of items via the Sales Department, the new sale will be subject to these general conditions of sale.
10 ) LEGAL GUARANTEES
NON-COMPLIANCE AND HIDDEN DEFECTS
HELL'S & BULLES is bound by the legal guarantee of conformity and that relating to defects in the thing sold (1). The Customer is invited to check the conformity of the Products received in execution of his order and, in the event of a defect, to contact the Customer Service Department of the HELL'S & BULLES Online Boutique via the address info@hellsandbulles.com who will ensure its support by indicating the terms of return and replacement or refund.
HELL'S & BULLES will replace or repair the returned Product after receipt and examination of the Product in question.
The customer :
has a period of two years from the delivery of the property to act; when repair is possible, he can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code; is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the resolution of the sale or a reduction of the selling price. in accordance with article 1644 of the civil code”.
(1) Article L211-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article L211-5 of the Consumer Code: To comply with the contract, the goods must:
1º Be suitable for the use usually expected of a similar item and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter 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, the producer or his representative, in particular in advertising or labelling;
2º 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 L211-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.
However, the seller 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 good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded. 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.
11 ) DISCLAIMER OF WARRANTY
If the Products returned by the Customer do not correspond to the Products ordered and have an origin other than the HELL'S & BULLES Online Boutique, HELL'S & BULLES will not be bound by its obligations described in Articles 8.1 and 8.2 above.
12) PERSONAL DATA
In accordance with law 78-17 of January 6, 1978 relating to data processing, files and freedoms, the Customer has a right of access to personal data concerning him. In this regard, HELL'S & BULLES invites the Customer to consult the "Personal Data" section.
13 ) INTELLECTUAL PROPERTY
HELL'S & BULLES and its affiliated companies worldwide is/are the holder(s) of the domain name “www.hellsansbulles.com” “www.hellsansbulles.fr” “www.hellsansbulles.eu”.
The Site is an intellectual work protected by intellectual property laws. The Site as a whole, as well as the products which are sold there, and each of the elements which compose it (such as films, photographs, logos, brands, designs or models, texts, trees, software, animations, illustrations, diagrams) are the exclusive property of HELL'S & BULLES and/or its affiliated companies worldwide, which alone is/are authorized to use the related intellectual property rights. The use of all or part of the Site, in particular by downloading, Reproduction, transmission, representation or distribution for purposes other than your personal and private use for commercial or non-commercial purposes is strictly prohibited.
Violation of these provisions subjects you to the penalties provided for by law. When you use a "Share" function offered on the Site in order to introduce a HELL'S & BULLES brand product, you acknowledge and accept that the content made available for sharing must only be used for purely personal to the exclusion of any commercial use on websites or internet pages and/or any other digital medium for commercial purposes.
The creation of hypertext links to the Site can only be made with the prior written authorization of HELL'S & BULLES, which authorization may be revoked at any time. All sites with a hypertext link to the Site are not under the control of HELL'S & BULLES and the latter therefore declines all responsibility (particularly editorial) concerning access to and the content of these sites. HELL'S & BULLES is free to modify the content of the Site at any time and without notice.
14 ) ORDER PROCESS
The order of personalized articles is carried out in accordance with the provisions of article 5 of the General Conditions above.
By personalized items, the company HELL'S & BULLES means any item that has been modified to better meet customer expectations. Below is a list of frequently affected items, given for information only:
– Ring on which an engraving has been requested
– Ring on which a size adjustment has been requested
– Bracelet or necklace whose length has been changed
– Bracelets engraved with the name of the customer or a third party,
Regarding the order of personalized items by HELL'S & BULLES, at the express request of the customer, the specific conditions below apply:
The description of the modifications to be made to the items will be detailed electronically by the HELL'S & BULLES Sales Department. Changes will only be made once their explicit acceptance has been given by the customer, also electronically. An additional time will be applied for the delivery of the product within a maximum period of 15 additional working days to the standard delivery time.
15) RETURNS AND EXCHANGES OF PERSONALIZED ITEMS
Given their clearly personalized nature, personalized items cannot be returned, refunded or exchanged. Consequently, articles 7, 8 and 9 of the General Conditions above are not applicable to personalized items, regardless of the personalization service used. Notwithstanding the foregoing, the customer continues to benefit from the guarantees provided for in article 10 of the General Conditions above.
16 ) APPLICABLE LAW / DISPUTES
These T&Cs are subject to French law, excluding provisions that would refer to the application of a foreign law.
In the event of a dispute relating to the HELL'S & BULLES online store, an amicable solution will be sought. Otherwise, the French courts will have territorial jurisdiction to hear any dispute, with the exception of the provisions of the general conditions of sale which would refer to the jurisdiction of a foreign court.