Terms and Conditions of Sale

General Terms and Conditions of Sale — HALO CONCEPT SAS

PREAMBLE

The company HALO CONCEPT SAS's business activity is the creation, development and commercial operation of a merchant website, including sales and back-office activities, in its own name on behalf of its clients, as well as associated activities such as promoting this website and the products sold.

HALO CONCEPT SAS is responsible for the creation and management of the website www.haloconcept.com (hereinafter “the Site”).

These General Terms and Conditions of Sale are intended to define the rules applicable to the sale of products (hereinafter “the Product(s)”) on the Site,

Between

The company HALO CONCEPT SAS. (hereinafter “HALO CONCEPT SAS.”), whose registered office is located at 32 Place des Pins, 06740 Châteauneuf-Grasse, France

And

Any adult natural person, not a trader, with the legal capacity to contract, exclusively domiciled in the countries served by www.haloconcept.com (hereinafter “the Client”) making a purchase of a Product on the Site.

For the purposes of these terms, it is agreed that the Client and HALO CONCEPT SAS. shall collectively be referred to as the “Parties” and individually as the “Party”.

These general terms and conditions (hereinafter the “General Terms and Conditions of Sale”) govern without restriction the sales of Products by HALO CONCEPT SAS. through the Site.

HALO CONCEPT SAS. reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Site. The applicable General Terms and Conditions of Sale are those in force on the Site on the date the order is placed by the Client; it being specified that any order for a Product offered on the Site implies the Client's full and unreserved acceptance of the General Terms and Conditions of Sale in force at the time the order is placed.

ARTICLE 1. PURPOSE

The purpose of these General Terms and Conditions of Sale is to define the conditions under which Products are marketed by HALO CONCEPT SAS. to the Client. They thus regulate the various stages of the sale: from the placing of the order by the Client to the delivery of the Product to the Client.

ARTICLE 2. PRODUCTS

The Products offered for sale by HALO CONCEPT SAS. are those appearing on the Site on the day of consultation by the Client; it being specified that the photographs illustrating the Products are not contractual. Each Product will feature a descriptive sheet which, in addition to the photograph, will contain: the price, sizes, composition and specific characteristics.

HALO CONCEPT SAS. undertakes to deliver Products that comply with the regulations in force relating to the safety and health of individuals in accordance with European provisions, and notably with legislation on regulated chemical substances.

ARTICLE 3. PRICES

Prices are indicated in euros, all taxes included, excluding delivery costs; it being specified that the value-added tax is that in force in French territory on the day the order is validated.

The prices applied are those communicated on the Site and confirmed to the Client when the order is validated.

Delivery costs are communicated to the Client in the order summary before its validation and are expressed inclusive of all taxes. These costs are borne by the Client and are invoiced in addition to the sale price of the Products.

The transfer of risks of loss and deterioration of the Products will take place after delivery and receipt of the Products by the Client.

ARTICLE 4. ORDERING AND PAYMENT FOR PRODUCTS

4.1 Placing an order

The Client places their order by completing the following 5 steps:

Step 1: the Client selects the chosen Products and adds them to their basket after selecting (where applicable) the desired colour. The basket located at the top right of the screen informs the Client that their selections have been registered by indicating the number of Products it contains.

Step 2: the Client checks the contents of their basket by clicking “order” to access the summary of their order. The Client may then modify their order (Product, colour, quantity). The total amount of the order including all taxes, distinguishing on the one hand the price due for the Products and on the other the delivery costs, is then indicated in the summary.

Step 3: Once the order has been checked and, where applicable, modified, the Client validates their basket to finalise their order by clicking “order” again. If the Client has a privilege code, reserved for our best Clients, they must enter it in the dedicated field in order to benefit from it.

Step 4: The Client enters their delivery and billing details. Fields marked with an asterisk (*) are mandatory; it being specified that, unless otherwise indicated by the Client, the billing address will automatically be the same as the delivery address. If the Client has already placed an order on the Site, they will have a customer account. In such a case, they will simply log in with their email address and password. The Client then checks all the information and clicks “validate” to continue with their order.

Step 5: Entering payment details. The Client will then access the secure payment screen of HALO CONCEPT SAS.'s partner as specified in article 4.3 below. Payment is made online by credit card or PayPal account. The Client must log in to their PayPal account or enter their credit card number, its expiry date and the 3-digit security code on the back of their card, it being specified that for payment by American Express card, the Client must provide 4 digits.

If payment is accepted, the Client will be redirected to an order confirmation screen on the Site.

If payment fails, the Client will have up to 3 attempts to re-enter their payment details. After the 3rd refusal, the Client will be redirected to a screen on the Site indicating the payment refusal. The Client will then be invited to contact HALO CONCEPT SAS. customer service to find out the reasons and together find a solution to finalise the order.

4.2 Order confirmation

Upon acceptance of the Client's payment, the Client will receive an email confirmation of their order, summarising all the items ordered, the billing and delivery addresses, and the estimated delivery date.

The validation of the order by the Client and the order confirmation sent to the Client by email by HALO CONCEPT SAS. following payment acceptance constitute the conclusion of a sales contract between the Parties and acceptance of the General Terms and Conditions of Sale.

The Client who has placed an order will be able to print their invoice by logging into the Site in the order tracking area provided for this purpose.

HALO CONCEPT SAS. reserves the right not to validate the order in the event of:

  • abnormal or abusive claims,
  • abnormal orders given the quantities ordered,
  • abnormal or abusive exchanges and returns,
  • existing dispute(s) with the Client.

The Site's customer service is available to the Client for any questions relating to their order, by email (contact@haloconcept.com).

4.3 Payment

The price of the purchased Products is payable in full, in cash, on the day the order is placed by the Client.

Payment is made online by PayPal or by credit card (Carte Bleue, Visa, Eurocard/Mastercard) when the order is validated by the Client.

The card debit authorisation request is made at the time of order validation on the Site, except in the event of server unavailability. HALO CONCEPT SAS. reserves the right to make a new debit authorisation request in the event that the first could not be completed due to server unavailability.

In the event of a payment default, an incorrect address or any other problem with the Client's account, HALO CONCEPT SAS. reserves the right to block the Client's order until the problem is resolved.

HALO CONCEPT SAS. disclaims all responsibility in the event of fraudulent use of a Client's credit card on the Site. This data cannot be detected, intercepted or used by third parties. At no time does the Client's financial data pass through HALO CONCEPT SAS.'s computer system.

4.4 Order archiving

The order confirmation is recorded in the registers of HALO CONCEPT SAS., which are themselves stored on a reliable and durable medium. The Client accepts that the order confirmation shall be considered as proof of the contractual relations between the Parties.

ARTICLE 5. DELIVERY

HALO CONCEPT SAS. will use its best efforts to ensure that the order, accompanied by a delivery note (subject to full payment and collection of the order), is delivered within an average of three to five (3 to 5) working days in mainland France (including Corsica) and Monaco. European Union countries will be delivered within an average of four (4) to seven (7) working days.

Any product purchased on the Site will be delivered within a maximum of thirty (30) working days from the day following payment of the order to the address indicated by the Client when placing their order on the Site.

If the delivery time is exceeded, and where this is not justified by force majeure, the Client may request the cancellation of the sale and obtain a refund of the sums paid in connection with the sale as soon as possible.

For orders outside France, when the parcel intended for export reaches its destination, it will be the recipient's responsibility to pay the taxes or customs duties applicable in the destination country. Local authorities can provide further information.

ARTICLE 6. RECEIPT – CLAIMS – RETURNS

The Client is required to check the condition and conformity of the Products at the time of delivery.

This article concerns transport anomalies and non-conforming or defective Products. The exercise of the right of withdrawal (change of mind) is governed by article 7 and is not subject to any prior agreement.

6.1 Reservations relating to transport

Any anomaly relating to transport, such as:

  • damaged parcel,
  • missing product,
  • damaged product,

must be reported within three (3) working days following receipt, in accordance with the legal provisions in force. The Client is invited to make all necessary reservations directly with the carrier upon delivery.

If this deadline is not respected, no claim relating to transport can be considered by HALO CONCEPT SAS.

6.2 Non-conforming or defective Products

Notwithstanding the reservations to be made with the carrier, the Client benefits from the legal guarantees in force. Thus, the Products are covered by:

  • the legal guarantee of conformity,
  • the guarantee against hidden defects.

In the event of non-conformity or defect, the Client has a legal period of two (2) years from receipt of the Product to take action. Any claim must be sent to HALO CONCEPT SAS. customer service by email at: contact@haloconcept.com

6.3 Return procedure (non-conformity)

In the event of a Product return for non-conformity or defect, the Client must follow the procedure below:

  • obtain prior agreement from customer service,
  • include the return slip provided by HALO CONCEPT SAS.,
  • return the Products in their original packaging, with labels and accessories, in perfect condition.

Where the return is justified by a lack of conformity or a defect, the return costs are borne by HALO CONCEPT SAS.

6.4 Outcome of the claim

After verification of the non-conformity, HALO CONCEPT SAS. will offer, as appropriate:

  • replacement of the Product(s),
  • or refund of the order price (Products and delivery costs).

The refund will be made within fourteen (14) days from the finding of the non-conformity or from receipt of the returned Product.

ARTICLE 7. RIGHT OF WITHDRAWAL

7.1 Period

In accordance with articles L.221-18 et seq. of the French Consumer Code, the consumer Client has a period of fourteen (14) days to exercise their right of withdrawal, without having to give a reason or to bear any costs other than those provided for in article 7.4.

This period runs from the receipt of the Product(s) by the Client (or by a third party designated by them). Where the order covers several Products delivered separately, the period runs from receipt of the last Product. Where the period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.

7.2 How to exercise your right of withdrawal

To exercise their right of withdrawal, the Client may, at their choice:

  • Use the online withdrawal feature, accessible free of charge and at any time via the link “Withdraw from order” located at the bottom of the page (footer) of the Site. The process takes place in two steps: the Client enters their order information, then confirms their request. No account creation or prior login is required.
  • Use the model withdrawal form appended to these terms.
  • Send any other unequivocal statement expressing their wish to withdraw, by email to contact@haloconcept.com or by post to HALO CONCEPT SAS., 32 Place des Pins, 06740 Châteauneuf-Grasse, France.

For the withdrawal period to be respected, it is sufficient for the Client's request to be sent before the expiry of the period provided for in article 7.1.

7.3 Acknowledgement of receipt

Upon receipt of the withdrawal request, HALO CONCEPT SAS. will send the Client without delay an acknowledgement of receipt on a durable medium (by email), confirming that their request has been taken into account.

7.4 Return of Products

The Client must return the Products, without undue delay and no later than fourteen (14) days after communicating their decision to withdraw.

The direct costs of returning the Products remain the responsibility of the Client.

The Client is liable only for any diminished value of the Products resulting from handling other than what is necessary to establish their nature, characteristics and proper functioning.

7.5 Refund

HALO CONCEPT SAS. refunds all sums paid by the Client, including standard delivery costs, within fourteen (14) days from the date on which it is informed of the Client's decision to withdraw.

The refund is made using the same means of payment as that used for the order, unless the Client expressly agrees to another means, and at no cost to the Client.

HALO CONCEPT SAS. may however defer the refund until it has recovered the Products or until the Client has provided proof of their dispatch, whichever of these occurs first.

Additional delivery costs arising from a more expensive delivery method than the standard delivery offered are not refunded.

7.6 Exceptions to the right of withdrawal

In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised in particular for:

  • Products made to the Client's specifications or clearly personalised (for example furniture or decorative items made to order);
  • Products liable to deteriorate or expire rapidly;
  • Products which, once unsealed after delivery, cannot be returned for reasons of hygiene or health protection;
  • Products which, after delivery and by their nature, are inseparably mixed with other items.

Where such an exception applies to a Product, the Client is informed of this before the order is validated.

ARTICLE 8. PERSONAL DATA

HALO CONCEPT SAS. collects a certain amount of information necessary for processing orders.

This data is not only necessary for processing the Client's order by HALO CONCEPT SAS., but also for communicating information about the Site to the Client or providing them with commercial offers, if the Client agrees when creating their account.

The information is strictly confidential and is marked with an asterisk (*) when it is necessary for HALO CONCEPT SAS. and/or its service providers in connection with managing the Client's order.

Following any injunction from legal authorities or in order to defend its rights or those of its employees, clients or any other person, HALO CONCEPT SAS. may disclose this data to legally authorised bodies and authorities.

HALO CONCEPT SAS. undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Client's personal information from being distorted, damaged or accessed by unauthorised third parties.

The Client's personal information is sent to and stored with the Site's host, whose contact details are available on the Site under the “Legal Notice” section.

ARTICLE 9. COOKIES

In order to process the Client's order, and to better understand their needs and personalise the services offered on the Site, HALO CONCEPT SAS. uses cookies. A cookie is a computer file, stored on the hard drive of the Client's computer, the purpose of which is to record their visit to the Site.

Cookies store, for the duration of the Client's visit to the Site, their identifiers and the contents of their basket. Once disconnected from the Site, this information is retained for thirty (30) days before being permanently deleted.

The Client may object to the recording of cookies by configuring their Internet browser. They will then lose all personalisation of the service offered on the Site.

ARTICLE 10. LIMITATION OF LIABILITY

Placing an order on the Site implies knowledge and acceptance of the procedures in force on the Internet network, particularly concerning technical performance, response times, connection times, queries or information transfers, risks of interruption, risks of contamination by viruses circulating on the network and, in general, all risks linked to the use of the Internet.

HALO CONCEPT SAS. cannot therefore in any case be held responsible for any direct or indirect damage resulting from improper use or an incident relating to the use of the computer, Internet access, maintenance or malfunction of servers, the telephone line or any other technical connection, the Client's connection to the Site being entirely at their own risk.

ARTICLE 11. FORCE MAJEURE

HALO CONCEPT SAS. shall not be held responsible for the total or partial non-performance of its obligations under an order placed by the Client if such non-performance is caused by an event constituting a case of force majeure as defined under applicable law.

In such a case, HALO CONCEPT SAS. will inform the Client of the occurrence of such an event within 3 (three) clear days following its occurrence, by email.

After a period of 1 (one) month, and in the event that the force majeure event persists, the order will be cancelled and shall, where applicable, be refunded by HALO CONCEPT SAS. to the credit card used to place the order within a maximum of 30 (thirty) days.

ARTICLE 12. APPLICABLE LAW AND DISPUTES

If any of the terms of these General Terms and Conditions of Sale should be found to be void, illegal or unenforceable by a court decision, the other provisions of the General Terms and Conditions of Sale shall remain in force.

The General Terms and Conditions of Sale are executed and interpreted in accordance with French law.

In the event of a dispute, the Client shall first contact HALO CONCEPT SAS. in order to seek an amicable solution. Failing agreement, and in accordance with articles L.612-1 et seq. of the French Consumer Code, the Client may have recourse free of charge to a consumer mediator [TO BE COMPLETED: name and contact details of the mediator to which HALO CONCEPT has subscribed]. Failing an amicable resolution, the Courts of Grasse, France shall have sole jurisdiction.

ANNEX — Model withdrawal form

(To be completed and returned only if you wish to withdraw from the contract.)

To HALO CONCEPT SAS., 32 Place des Pins, 06740 Châteauneuf-Grasse, France — contact@haloconcept.com:

I hereby notify you of my withdrawal from the contract for the sale of the Product(s) below:

  • Ordered on / received on: ____________________
  • Order number: ____________________
  • Name of consumer(s): ____________________
  • Address of consumer(s): ____________________
  • Signature (only if notified on paper): ____________________
  • Date: ____________________

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