TERMS & CONDITIONS
SCOPE OF APPLICATION
1.1. These General Terms and Conditions of Sale, in the version in force at the time of conclusion of the said Contract, apply to all requests related to the conclusion of a contract between the customer and Helilox Sàrl, or which arise from it, concerning distance selling, by catalogue or online.
1.2. In the event of a conflict, the order of priority of the regulations to be respected is as follows:
a. the specific commercial conditions of the service concerned.
b. the general conditions of sale.
c. legal provisions.
PARTICIPANTS
Helilox Sàrl concludes contracts with customers
a. having reached the age of 18 and having the capacity to exercise, as well as
b. legal entities having their registered office in Switzerland or in a Member State of the European Union (hereinafter referred to as "Customers"). If an unaccepted customer's offer has been inadvertently recorded by Helilox Sàrl, Helilox Sàrl is entitled to terminate the contract within a reasonable period of time.
PURPOSE OF THE CONTRACT
Helilox Sàrl delivers the items ordered by the customer or provides services within the framework of the acceptance of the offer. In the event of termination/cancellation, Helilox Sàrl is obliged to credit any deposits and/or advance payments without delay or to reimburse them, upon request, by bank transfer.
CONCLUSION OF THE CONTRACT
4.1. The contract takes effect after acceptance of the customer's order by Helilox Sàrl.
Acceptance by Helilox Sàrl takes place upon receipt of the product by the customer, after dispatch of the product by Helilox Sàrl or performance of the service by Helilox Sàrl at the customer's premises.
If the customer places an order online, Helilox Sàrl will immediately confirm receipt of the order electronically. However, order confirmation does not constitute acceptance of the contract.
4.2. The language of the contract is French.
In the event of any uncertainties relating to translations, the French version of the T&Cs shall prevail.
LACK OF AVAILABILITY OF THE ORDERED PRODUCT OR SERVICE
Payments already made will be refunded immediately if Helilox Sàrl finds after receiving the order that the ordered item or service is no longer available from Helilox Sàrl. Helilox Sàrl may send or offer the customer a product, or provide a service, of equivalent quality and price. In this case, the customer is not obliged to accept it. Costs related to any return of goods are borne by Helilox Sàrl.
DELIVERY / SHIPPING COSTS
6.1. Unless otherwise agreed between the parties to the contract regarding the delivery date, the products are delivered at the time when Helilox Sàrl materially transfers ownership of the goods or control over them to you, as the customer, but within a period which will not exceed 30 (thirty) days after the contract is entered into.
6.2. In the event that Helilox Sàrl has not fulfilled its commitment to deliver the product on the date agreed with you as a customer or within the period stipulated in paragraph 1, you, as a customer, claim from Helilox Sàrl that delivery be made within a reasonable additional period under the circumstances. If Helilox Sàrl does not deliver the product within this additional period, you, as a customer, are entitled to terminate the contract.
6.3. If, having requested delivery within 24 hours, the goods do not arrive within the reasonable grace period allowed, the customer is entitled to withdraw from the contract and return the product to Helilox Sàrl. Any claim for damages is excluded in this case, except in cases of intentional misconduct or gross negligence on the part of Helilox Sàrl.
6.4. Helilox Sàrl ensures prompt delivery, subject to your collection of the product. In the event that part of the order cannot be delivered immediately, the remaining products will be delivered at a later date without further invoicing of the flat rate for transport costs.
6.5. Some products imported from the USA by Helilox Sàrl and/or manufactured in the USA are subject to US, among other things, and especially German, export control provisions. The customer is itself responsible for compliance with the applicable export control provisions and is required, prior to exporting products and/or technical information it receives from Helilox Sàrl, to apply for all necessary export licenses and other documents itself, at its own expense. The customer further undertakes not to sell, export, re-export, deliver or otherwise transmit, either directly or indirectly, products or technical information to persons, companies (enterprises) or in countries if laws, decrees, restrictions and provisions of the USA or other countries, in particular Germany, prohibit it. The customer undertakes to inform all recipients of these products or technical information of the need to comply with these laws and decrees.
6.6. The refusal of an export permit does not entitle the customer to terminate the contract or claim damages. Helilox Sàrl is not obliged to issue a supplier's declaration or a long-term supplier's declaration to the customer or to obtain one from its own suppliers.
PRICE / PAYMENT TERMS
7.1. The price indications in private customer catalogues are final prices including VAT at the rate applicable on the date of publication of the catalogue. If an increase in the applicable VAT rate occurs after publication of the catalogue, Helilox Sàrl is obliged to charge VAT at the increased statutory rate. Price indications in catalogues intended for businesses are generally net prices.
7.2. The invoice indicates, alongside the net price of the product, the prices of the ancillary services: packaging, shipping, express 24-hour delivery service, etc., as well as the VAT calculated at the rate applicable on the invoice date (for individuals).
7.3. In the case of orders placed on the Helilox Sàrl website, the prices indicated under the [Place order] button at the time of placing the order are not the catalogue prices which are applied.
7.4. To protect itself against the risk of insolvency, Helilox Sàrl reserves the right, on a case-by-case basis, to exclude certain payment methods and to only make requested deliveries with advance payment, cash on delivery or with immediate payment upon delivery.
RESERVATION OF OWNERSHIP
Helilox Sàrl reserves the right of ownership over all products delivered by it to the customer until final and full payment of the delivered products. In the event that Helilox Sàrl exchanges a product under the warranty, it is hereby agreed that ownership of the exchanged product is transferred at that time from the customer to Helilox Sàrl, and vice versa, with Helilox Sàrl receiving the product from the customer and then the customer receiving the exchanged product, delivered by Helilox Sàrl.
GUARANTEE
9.1. Helilox Sàrl guarantees that the products are free from material and legal defects at the time of transfer of risk.
9.2. In the event that the delivered products have obvious material or manufacturing defects, including transport damage, you must notify Helilox Sàrl of these defects within 10 (ten) days. Hidden defects must be reported within the same period from the moment they are discovered, failing which Helilox Sàrl's warranty obligation is cancelled.
9.3. The warranty period for new products is two years. The warranty period for reconditioned used products listed in offers and/or marked as demonstration products is 12 months. The warranty period begins on the date the customer receives the product.
9.4. In the event of a defect, the customer may request that the defect be removed.
If a repair, even after the second attempt, has not succeeded in removing a defect, the customer is entitled to request delivery of a product free of defects, to reduce the sales price or to terminate the contract.
9.5. The statutory provisions apply in the event of any claim for damages due to a defective product.
9.6. The necessary condition to be fulfilled in the event of a claim for damages is that the defect is not due to improper use or excessive stress. If a defect only appears more than 6 months after receipt, it is up to the customer to prove that the product was defective at the time of transfer of risk.
RESPONSIBILITY
10.1. Helilox Sàrl's liability is unlimited if the cause of damage is attributable to intentional misconduct or gross negligence on the part of Helilox Sàrl, a legal representative or an auxiliary of Helilox Sàrl. For all other matters, and subject to statutory provisions, all liability is excluded.
10.2. In the event of damage to life, limb and health, the aforementioned limitations of liability do not apply to a defect discovered after assumption of a guarantee on the quality of the product and in the event of fraudulently hidden defects.
10.3. In the event of data loss, Helilox Sàrl is only liable if intentional misconduct or gross negligence has been committed, and only if, as a customer, you are able to prove that you have backed up your data regularly at least once a day. Liability for data loss is limited to the cost of restoration if a backup copy exists.
APPLICABLE LAW
The legal relationship between Helilox Sàrl and customers, as well as the applicable commercial terms and conditions, are subject to Swiss law. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11/04/1988 is excluded.
MISCELLANEOUS
12.1. The customer has no right of retention or retention, unless the claim has been established in an uncontested or definitive manner by a court decision.
12.2. In the event that it turns out that particular provisions of this contract are not applicable, in whole or in part, or are to subsequently lose their applicability, the validity of the other provisions of this contract shall not be affected.
12.3. The catalogue we distribute / the website we operate and their contents as a whole, in particular texts, photos, images, graphics, illustrations and any software, as well as all trademarks, patents and utility models are fully protected against any unauthorized use by intellectual property rights, in particular copyrights, applicable name and image rights, trademarks, valid patents or utility models.
12.4. Any use other than the selection and purchase of a product requires prior written consent from us or, if we are not the owner of the corresponding rights, from the rights holder.
12.5. We reserve the right to make changes to our website, our regulatory framework, our terms and conditions, including these terms and conditions of sale, at any time. The general terms and conditions of sale applicable at the time you place your order will apply to your order, unless a change to these terms and conditions is required by law or by administrative instructions (in which case it will also apply to orders you have previously placed).
In the event of any uncertainties relating to translations, the French version of the T&Cs shall prevail.
If any provisions of these T&Cs prove to be unenforceable or null and void for any reason, the validity of the other provisions shall not be affected.
The only applicable law is Swiss law, excluding international private law (LDIP).
12.6. Exclusive jurisdiction to settle disputes arising from contracts concluded between the customer and Helilox Sàrl, and concerning their validity, is granted to the ordinary court at the registered office of Helilox Sàrl.
The Court of Broye and North Vaudois has sole jurisdiction to rule on any dispute relating to the interpretation and execution of these legal conditions.
However, in the context of an action brought by a consumer, the Court of Broye and North Vaud or that of the consumer's domicile (art. 32 al. 1 let. a CPC) will have jurisdiction. To the exclusion of any other forum.