Terms and conditions
HELIGHT SAS (hereinafter referred to as “HELIGHT”) markets certain products in the following countries :
The whole of the European Union (EU) and the European Economic Area (EEA);
United States ;
The United Arab Emirates;
In addition to our points of sale, we are setting up a distance selling network by INTERNET (electronic means), in order to give full satisfaction to our Customers.
The system thus put in place, which assumes an active approach on the part of the Customer, fully complies with the requirements required in terms of distance selling and, in particular, with Articles L. 111-1- L.112-1 and L. 221-1 et seq. of the Consumer Code.
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 and domiciled within one of the territories listed above.
ARTICLE 1 – APPLICATION AND OPPOSABILITY OF THE GTC
The Customer acknowledges, by placing an order with the company HELIGHT, accepting these GTCS without any reservation or condition as part of the contract. No particular condition can, except formal and written acceptance of HELIGHT, prevail over these GTC. Any contrary condition opposed by the Customer will therefore, in the absence of written acceptance, be unenforceable against HELIGHT. The fact that HELIGHT does not avail itself, at a given time, of these T & Cs will not constitute a waiver of its subsequent use of any of said conditions.
ARTICLE 2 – AUTHOR OF THE OFFER – SELLER – DEBTOR OF THE LEGAL GUARANTEE
HELIGHT SAS with a capital of 10,000 euros, registered in the Lyon Trade and Companies Register under number 814 855 029 whose head office is located at 3 Cours Charlemagne 69002 LYON – France.www.helight.com. – Phone. 04 72 15 67 21 – firstname.lastname@example.org –
Intracommunity VAT number: FR05814855029
ARTICLE 3 – CONDITIONS OF ORDERING PRODUCTS
To place an order on the Site, the Customer must be of legal age, have their habitual residence in a country that is part of the territories listed above, have legal capacity and be the holder of a bank card as defined in article 5. below. Orders will be accepted within the limits of available stocks.
To this end, the Customer is informed when ordering, either by the Customer Relations Department, or on the information page of the Site describing each of the products of the availability of the product, or in the event of temporary unavailability of the product. product, the possibility of ordering it with a view to subsequent delivery within the deadlines specified on this occasion.
If, despite HELIGHT vigilance, the products ordered are no longer available, HELIGHT will inform the Customer by email as soon as possible. In the event of a debit or payment for an order for an unavailable product, HELIGHT undertakes to reimburse the Customer within fifteen (15) days.
The Customer agrees that all of the information communicated to HELIGHT to the Customer Relations Department or on the Site as part of the order complies with these general conditions of sale, complete, accurate and up to date. Failing this, HELIGHT reserves: the right to purely and simply cancel the order as well as the payment or, to make them subject to communication, by the Customer, of any proof of the information and addresses communicated, to ensure their existence and accuracy.
ARTICLE 4 – PRICE
The indicated price of the products is inclusive of all taxes. The exit date from stores is both the invoice issue date and the due date. Customs charges, if any, will always be borne by the Customer. The prices presented on the Site or the online store are final. They are guaranteed subject to typographical or printing errors. The prices can be modified at any time, without notice and in particular in the event of change of fiscal or economic data. The products will be invoiced on the basis of the prices in effect at the time the order is placed.
ARTICLE 6 – DELIVERY
In accordance with the provisions of the Consumer Code, the delivery of the products ordered will take place within the deadlines communicated by HELIGHT and, failing any indication, in any event no later than thirty (30) days from the order, subject to full payment of the price.
Any deadlines communicated by HELIGHT will only be indicative. If, upon delivery, the exterior appearance of the package is not perfect, the Customer will open it in the presence of the carrier in order to check the condition of the product. In the event of damage to the product, the Customer will immediately notify Customer Service by sending an email to the following address: email@example.com
ARTICLE 7 – TRANSFER OF RISKS / TRANSPORT RISKS
Regardless of the date of the transfer of ownership of the products, the transfer of the risks of loss and damage relating thereto will only take place when the Customer takes physical possession of the products. The products therefore travel at the risk and peril of HELIGHT or its carrier. As an exception, the risks are transferred to the Customer when the product is handed over to the carrier when the latter has been transported by the Customer and the choice has not been offered by HELIGHT.
ARTICLE 8 – RECEPTION
Without prejudice to the arrangements to be made vis-à-vis the carrier, complaints about apparent defects, defects and / or non-conformities of the product delivered in relation to the order, must be formulated in writing within eight (8) days of the arrival of the products at the place of delivery specified in the accepted offer. After this period, the Customer will no longer be able to lodge any complaint or dispute against HELIGHT concerning these apparent defects, defects and / or non-conformities, nor to take any action against the latter.
It will be up to the Customer to provide any justification as to the reality and importance of the apparent defects, defects and / or non-conformities observed. He will have to leave to HELIGHT all faculties to proceed to the observation of these last and to remedy them. He will refrain from intervening himself or involving a third party for this purpose.
ARTICLE 9 – CANCELLATION OF AN UNPROCESSED ORDER
Once the information has been transmitted and processed with the carrier, the cancellation of the order becomes impossible. Thus, if, after placing his order on our Site, the Customer wishes to cancel it and be reimbursed immediately, he must notify us within the aforementioned period, by sending an email to the following address: france @ helight.com
Any cancellation request after the deadline will be inadmissible and any return costs will be borne by the Customer.
ARTICLE 10 – RIGHT OF WITHDRAWAL
HELIGHT intends that Customers who are not satisfied with the products ordered can exercise the right of withdrawal provided for in Article L. 221-18 of the Consumer Code under the best conditions.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal may not be exercised in particular for orders relating to the supply of goods made to the consumer’s specifications or clearly personalized; or the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
HELIGHT extends this legal period to twenty (20) days instead of the fourteen (14) days as provided for in the said Code.
The Customer must, within twenty (20) days of delivery, notify HELIGHT Customer Service in advance of their wishes at the address firstname.lastname@example.org and return the product concerned to the following address: 16 rue de la Lombardy 69153 DECINES Cedex. The refund will be made within twenty (20) days of receipt by HELIGHT of the returned products.
In any case, the Customer must return the products delivered in their original packaging, complete (USB cable, instructions, transport pouch, etc.) and indicate the order number as well as the name under which the order was made. Products returned incomplete, spoiled, damaged, deteriorated, soiled or in any other condition which would reasonably suggest that they have been used, will not be refunded or exchanged and will be returned to him.
The direct costs of returning the product will then be borne by HELIGHT. The Customer will contact HELIGHT (email@example.com) for more information regarding the return.
The reimbursement of the sums paid for the returned product (s) will be made, depending on the method of payment for the products, by credit to the Customer’s bank account corresponding to the bank card used for payment or by transfer. on the Client’s bank account.
Pursuant to Article L.221-24 of the Consumer Code, additional costs paid by the Customer and linked to the choice of a specific delivery method will not be reimbursed.
Beyond the period of 20 days from delivery, the goods will not be taken back or refunded.
The provisions of this article (including the extension of the right of withdrawal to 20 days) apply only to purchases made on the Site www.helight.com. Any other Customer who has purchased a HELIGHT product through a commercial partner (a third-party website, a physical store, etc.) will be subject to the General Conditions of Sale of said merchant. However, this clause does not prejudice the Customer’s ability to exercise his rights under Articles 217-4 et seq. of the Consumer Code as to the legal guarantee of conformity.
ARTICLE 11 – OBLIGATION OF THE PARTIES
HELIGHT, in the case of acceptance of an order, undertakes to sell and deliver to the Customer the products ordered by the latter according to the terms specified above.
HELIGHT undertakes to verify that the products comply with current European regulations.
The Customer agrees to provide HELIGHT with an address to which delivery can be made. The provision of personal information (name, address, telephone, e-mail address, etc.) collected for the purpose of concluding the sales contract is compulsory. This information is essential for processing and routing orders and preparing invoices. The lack of information results in the non-validation of the order. In the event of an error in providing this information, HELIGHT cannot be held responsible for the inability to deliver the product. In this case, the Customer remains responsible for payment.
In the event of the provision of an incomplete address resulting in the impossibility of delivery by the transport provider, the Customer will have to pay the delivery costs corresponding to the reshipment of his order.
ARTICLE 12 – RESPONSIBILITY
While taking the greatest care and the greatest accuracy in the posting of information on the Site www.helight.com, HELIGHT cannot be held responsible for any non-substantial errors that may occur. Likewise, although the photographs and other reproductions of the products represent them faithfully on the Site – and this, within the limits of technique and in compliance with the best market standards -, they may however present non-substantial errors. , which the Customer recognizes and accepts.
In addition, HELIGHT cannot be held responsible :
- interruptions or delays recorded by Customer Service or on the Site due to the execution of maintenance work, technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever , regardless of his will; and
- the Customer’s inability to contact Customer Service and / or temporarily access the Site, due to facts beyond their control, such as: cases of computer failure, of the Internet network, failure of reception equipment said internet network, etc.
ARTICLE 13 – LEGAL GUARANTEE OF CONFORMITY
The Products sold on the HELIGHT Website comply with the regulations in force in France and have performance compatible with non-professional uses.
Any HELIGHT product (whether purchased on www.helight.com or through a commercial partner) benefits from the legal guarantee (i) of conformity, for Products apparently defective, damaged or damaged or not corresponding to the order and (ii) against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use for a period of twenty-four (24) months. Any return of the product under the aforementioned warranty must be subject to the prior agreement of HELIGHT. To this end, the Customer will contact the HELIGHT after-sales service, by sending an email to the address: firstname.lastname@example.org.
In order to assert his rights, the Customer must inform HELIGHT, in writing, of the non-conformity of the Products within a maximum period of thirty (30) days from the delivery of the Products or of the discovery of hidden defects within the deadlines. referred to above and return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
HELIGHT will reimburse, replace or have repaired the Products or parts under warranty deemed to be non-compliant or defective. In the event of out of stock and the inability to repair the Product, the Customer will be offered either a similar Product or a refund of the original Product.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed to be non-compliant or defective will be made as soon as possible and no later than thirty (30) days following the finding by HELIGHT of the lack of conformity or the hidden defect.
The refund will be made by credit to the Customer’s bank account or by check sent to the Customer.
HELIGHT cannot be held responsible in the following cases:
– non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to verify,
– in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
HELIGHT’s warranty is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 14 – PERSONAL DATA
The Customer agrees that all of the information communicated to HELIGHT to Customer Service or on the Site as part of the order complies with these general conditions of sale, complete, accurate and up to date.
Failing this, HELIGHT reserves: the right to purely and simply cancel the order as well as the payment or, to make them subject to the communication, by the Customer, of any proof of the information and addresses communicated, to ensure their existence and accuracy.
It is recalled that when ordering, HELIGHT collects the following personal data: identity, e-mail address, telephone number, address of the Customer’s usual residence, delivery address and means of payment. This data is necessary for processing the order and may be communicated only to HELIGHT’s contractual partners involved in the execution of the order (in particular, to intermediaries for the payment of orders such as banks).
In accordance with the Data Protection Act of January 6, 1978, the Customer has the right to access, modify, rectify and delete personal data concerning him. If the Client wishes to exercise this right, all he has to do is write to HELIGHT, 3 Cours Charlemagne 69002 LYON, indicating his name, first names, address and the details of the request.
ARTICLE 15 – CONFIDENTIALITY, INTELLECTUAL PROPERTY
Patents, models, drawings, studies, calculations, prototypes made by HELIGHT remain its property. The Customer is prohibited from using, reproducing and / or communicating them to third parties without the written permission of HELIGHT.
The content of the HELIGHT Site is the property of HELIGHT and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
ARTICLE 16 – FORCE MAJEURE
The execution by HELIGHT of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure within the meaning of Article 1218 of the Civil Code which would prevent or delay its execution. HELIGHT will inform the Customer of such a fortuitous event or force majeure within seven (7) days of its occurrence. In the event that this suspension of the execution of HELIGHT’s obligations continues beyond a period of fifteen (15) days, the Customer will then be able to terminate the current order and it will then be reimbursed by HELIGHT as soon as possible by crediting the Customer’s bank account.
ARTICLE 17 – TITLE RESERVATION
It is expressly agreed that HELIGHT retains ownership of the products delivered above until full payment of their price in principal, interest and accessories. Only the actual collection of the means of payment will be worth payment. Upon delivery of the products, the Customer will become responsible; transfer of possession involving transfer of risk. The Customer therefore undertakes to take out an insurance contract covering the risks of loss, destruction, theft of products and damage that may be caused by them. In the event of seizure or any other intervention by a third party on the products, the Customer will be required to immediately notify HELIGHT.
ARTICLE 18 – RELATIVE EFFECT
The nullity or illegality or the lack of effect of any of the above provisions will not result in the nullity, illegality or lack of effect of all the general conditions of sale. HELIGHT and the Customer will agree to a replacement provision that is not void, legal or having effect all with respect for the common intention, in particular economic, translated by the provision null, illegal or without effect.
ARTICLE 19 – ATTRIBUTION OF JURISDICTION – APPLICABLE LAW
Any dispute between HELIGHT and the Client will fall under the exclusive jurisdiction of the Commercial Court of Lyon (France), even in the event of a guarantee appeal or multiple defenders and notwithstanding any clauses to the contrary. In the event of a dispute between the Customer and HELIGHT, the applicable law will be French internal law.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission for consumer mediation (C. consom. Art. L 612-1) or with existing sectoral mediation bodies. or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
HELIGHT SLEEP RETURN POLICY
The 20 day trial policy only applies to the purchase of the Helight Sleep device made on Helight.ca or at the Helight Center in Montreal. Contact us within 20 days of receiving the device and we will give you authorization to return your device. The device must be undamaged (return at your expense), in the original box with accessories and user manual. A charge of $ 10 applies for each missing accessory.