CGV
ARTICLE 1 : Application to the sales of material products from Hélie Solution, hereinafter referred to as Hélie
The present general terms and conditions of sale aim to define the rights and obligations of the parties within the framework of the sale of products and services offered by Hélie Solution (in their version in effect on the day of the order).
The present CGV apply to any order placed with Hélie Solution.
The company sells touch tables, IT solutions, software, software licenses as well as service provisions. All these products, services, installations, and all options chosen by the client will be described and specified in each quote, all referred to herein as the "Product ".
ARTICLE 2 : Enforceability
The sales proposal for Product(s) is stated exactly and completely in the quote prepared by Hélie and sent to the CLIENT. The CLIENT's acceptance of the quote (signature) constitutes a firm order on their part and acceptance of the present CGV without modification or reservation. No contrary or additional condition appearing on any other document issued by the CLIENT is enforceable against Hélie unless an agreement specifically mentioning the specific condition to which it is specially derogated is concluded in writing signed by the parties and prior to the confirmation of the order.
ARTICLE 3 :
Orders
Hélie Solution's quotes are binding, unless otherwise stated, for 60 days from their date of issue. The quote specifies the technical, commercial, and administrative conditions that will have been agreed upon between Hélie and the CLIENT. After this period, they become void. The accepted quote constitutes a firm and definitive order under the suspensive condition of the payment and collection of the deposit to be paid upon ordering and cannot be modified later by the CLIENT except with Hélie's written agreement. Modifications must be the subject of an amendment. If the client cancels their order or refuses to take delivery, the contract will be automatically terminated and the deposits paid will be retained as compensation, without prejudice to any other damages.
Acceptance is understood as the signature of Hélie's quote without modification by the CLIENT with the company's stamp if the order is placed in the name of a business. The accepted quote must be sent to Hélie in writing (email or postal mail). The CLIENT may not under any circumstances assign or transfer the contract thus concluded to a third party without Hélie's prior written consent. In the absence of an express request for additional information regarding the order, the client is deemed to be fully informed of the characteristics of the ordered products. The Hélie company is released from the obligation in the cases provided for in Article 1195 of the Civil Code. Hélie reserves the right not to follow up on an order whose amount is less than €1,000 excluding VAT.
ARTICLE 4 : Price and payment terms
The prices of Products are expressed in euros. The prices are those listed in the current rate on the day of the order. They refer to the price of the selling Product excluding all taxes, charges, customs fees, and packaging, in addition (see delivery article). The prices of the Products apply to what is expressly provided and indicated in the quote from Hélie Solution that has been accepted without modification, excluding any other product, item, or service.
For a touch table or equipment, the total price is payable:
- 50% of the total price to be paid, upon signing the quote by the CLIENT;
- The balance must be paid 30 days after the delivery of the Product.
For a sale of software, the total price is payable:
- 50% of the total price to be paid, upon signing the quote by the CLIENT;
- The balance must be paid 30 days after the delivery of the Product.
For a software license or rental, the payment can be:
- Monthly with a payment at the beginning of the month
- Yearly with a payment at the beginning of the year
Payment is only considered settled on the day of its collection without reservation. No discount is given. No legal or contractual compensation is possible without the prior agreement of Hélie Solution.
In accordance with the law (article L441-6 of the commercial code) and under penalty of legal sanctions, no price reduction or deduction as penalties can be deducted automatically by the CLIENT without prior agreement and contradictory examination of the reasons invoked and the acknowledgment by Hélie Solution of their basis and amounts.
Amounts not paid by the due date will bear interest, in accordance with the law, without prior formal notice, from that date, at the statutory supplementary rate (reference art L441-6). The contentious recovery of a debt will result in the payment of the penalty provided (10%) and the applicable amount (fixed recovery fee of 40 Euros). Furthermore, failure to pay will result in the immediate forfeiture of the term of all outstanding debts owed by the CLIENT and their immediate enforceability and the suspension of the delivery of all ongoing orders until their full advance payment.
In the event of cancellation of the sale by the client before shipment, the amounts paid as a deposit at the time of order will remain with Hélie Solution as economic and moral damages.
ARTICLE 5 : Delivery
Costs: All costs necessary for proper packaging and delivery are charged to the Client in addition.
Deadline: The Products are delivered within a period of 4 months from the date of receipt of the deposit paid at the time of order. In case of delivery delay, the buyer will not be able to reduce the price under article 1223 of the civil code.
Risks: The risks of the item (on each Product) are transferred to the CLIENT upon the delivery of each Product understood as "Ex Works" (EXW-INCOTERMS 2010).
Split Delivery: The Client accepts split deliveries of an order without price reduction or compensation as a result. Invoicing will then be based on the Products actually delivered. The payment date is then counted from the date of each invoice.
Reserves: Any reserve in particular but not limited to a non-conformity of the order, number of Products to be delivered, apparent condition must be made upon receipt of the Products and sent, photos supporting any claimed defect as well as the product identification label affixed by Hélie (or its agent) with all the references of the package, to the email address of Hélie and confirmed in LRAR, no later than 7 days from the delivery by carrier, to the latter with a copy to Hélie. No responsibility of Hélie can be invoked or retained for apparent deterioration if the CLIENT has opened a damaged package. Likewise, if Hélie has not been able to contradict the reserves and if the CLIENT has not communicated a precise state of the nature of the reserves, a detailed description of the causes, consequences, and possible origins for which Hélie could be held responsible.
ARTICLE 6: Warranties
The Client benefits for all Products from all legal warranties (warranty against hidden defects, delivery obligation, and liability for defective products) and under the conditions and deadlines legally provided to act for each of these warranties and within the limits of the amounts allocated judicially. No compensation will ever be due for indirect, commercial, or moral damages. In order to handle claims and reserves related to the Products under the best conditions, the CLIENT may send by mail all relevant elements and evidence of the nature, causes, and consequences of the claimed problem and the link with the operation or design of the Products.
Hélie Solution guarantees its equipment for 24 months from the date of commissioning.
The legal warranties of conformity and hidden defects apply in accordance with articles L.217-4 and following of the Consumer Code.
ARTICLE 7 : Retention of title clause
Hélie Solution retains full ownership of its Products until full payment of the total invoiced price is made. Until that date, the CLIENT may not, in any way, dispose of the Products or move them without the prior agreement of Hélie Solution. In the event of non-payment at maturity or if the CLIENT is subject, before full payment, to collective proceedings, Hélie Solution reserves the right to request the return of the Products by registered letter with acknowledgment of receipt under legal conditions. In case of non-payment for the goods, Hélie Solution reserves the right either to continue the execution of the sale and demand full payment of the price, or to reclaim the goods that remain its property. Hélie Solution and its carrier are authorized to enter during the CLIENT's business hours into the premises where the Products are located, to proceed with their removal. Consequently, and cumulatively in the event of reclaiming the Products, the deposits paid by the CLIENT will remain definitively with Hélie Solution. The CLIENT must insure the delivered Products for their replacement value against the risks of loss, deterioration, destruction, theft and keep Hélie Solution informed of all measures taken by third parties regarding the Products, particularly in the event of seizure; and, in the case of resale and/or transformation of the delivered Products, the CLIENT agrees, at the first request of Hélie Solution, to assign all or part of the receivables acquired from the buyers up to the amounts still due. The above provisions do not prevent, upon the removal of the Products by Hélie Solution from the carrier, the transfer to the CLIENT, of the risks of loss or deterioration of the Products subject to the retention of title as well as any damages they may cause.
ARTICLE 8 : Intellectual and industrial property rights, design, software license, software
The sale of a Product to a customer never entails, for the benefit of the latter or of anyone else, the transfer of all or part of an intellectual or industrial property right on the design of the sold Product and/or its integrated software. Any use or reproduction of the design or of all or part of the software would constitute an infringement.
ARTICLE 9 : Claims and returns
Upon delivery, the customer must examine and test the Product to detect any potential anomalies or apparent defects. The latter must be the subject of a claim within 7 days if they cannot reasonably be discovered upon delivery. In case of an anomaly recognized by Hélie Solution, the Customer must either keep the product available for Hélie Solution or return it. Claims must be sent to the headquarters of Hélie Solution in writing allowing for acknowledgment of receipt and must include: reference of the quote (or delivery note), references of the damaged parts as well as the reason for the claim.
ARTICLE 10 : Maintenance and after-sales service (SAV)
Preventive and corrective maintenance: Hélie Solution commits to perform annual maintenance and to intervene in case of breakdown.
Technical support: Available 7 days a week, via the support platform.
The cost of out-of-warranty interventions will be charged according to the current rates. In case of non-compliance with the terms of use, the warranty may be canceled.
ARTICLE 11 : GDPR
As part of the processing of personal data, each party agrees to comply with the applicable regulations regarding the protection of such data and in particular by fulfilling the formalities incumbent upon it under said regulations. Hélie Solution is the owner and responsible for the data collected and gives Clients full access to it. Hélie Solution agrees to process the personal data to which it has access in execution of the present GTC/RGPD charter or any contract concluded between the parties by following the client's instructions and to implement the necessary security and confidentiality measures to protect this data. The personal data will be retained for a duration compliant with the applicable legislation.
ARTICLE 12 : Disputes
Any sale of Hélie Products is subject to French Law regardless of the location of the order, signing of the quote, shipping of it or the location of the delivery. The parties waive the application of all international conventions on international sales. Only the French version of the present GTC governs the sale and is enforceable against Hélie Solution. All disputes relating to the execution or interpretation of the present and including any call for warranty, will be under the exclusive jurisdiction of the Commercial Court of Angers (49-Maine et Loire, France).
ARTICLE 13 : Subcontracting
Hélie Solution may subcontract certain services, including the manufacturing of specific parts.