Terms and conditions

This site is published and distributed by Elhée SAS with capital of €110,000
Registered office: 4 rue Clara Belle, 38160 Saint-Marcellin (France)
Registered with the RCS of Grenoble under number 842 142 028
Intra-Community VAT no.: FR 83842142028
Siret : 84214202800013
Publication manager: Allison Piraud

Élhée is a registered trademark. The entire site is the exclusive property of Élhée. No reproduction or representation may be made without the prior written consent of Élhée. Despite all the care taken in the creation of this site and its regular updating, errors may have crept into the information and/or documents presented. Nevertheless, Élhée cannot guarantee the accuracy, precision or completeness of the information made available on this site, and the publisher cannot be held liable under any circumstances for any errors. If you notice any errors, please notify us by e-mail to : [email protected] so that we can make the necessary corrections. The company Élhée reserves the right to correct the content at any time and without notice.This site has been registered with the Commission Nationale de l'Informatique et des Libertés. Personal data recorded on this site will be stored and used in accordance with the French Data Protection Act of January 6, 1978. Users of this site have the right to access, rectify and delete data concerning them, which they may exercise by contacting :

ÉLHÉE
Customer Service
4 rue Clara Belle
38160 Saint-Marcellin

TERMS AND CONDITIONS OF SALE

PREAMBLE

This site is operated by the company Élhée SAS, whose registered office is located at 4 rue Clara Belle, 38160 Saint-Marcellin, France, and which is registered with the Grenoble Trade and Companies Registry under number 842 142 028.
The present General Terms and Conditions of Sale apply to all orders placed with the company Élhée for all items offered on the elhee.com site by non-trading individuals (hereinafter referred to as the General Terms and Conditions of Sale). Consequently, the act of ordering a product offered for sale on the Élhée website implies full and complete acceptance of these General Terms and Conditions of Sale, which the Customer acknowledges having read prior to ordering. Élhée reserves the right to modify these General Terms and Conditions of Sale at any time. Nevertheless, the General Terms and Conditions of Sale applicable to an order placed by a Customer on the Élhée site are those accepted by the Customer at the time the order is placed.

ARTICLE 6: PRICES

Prices are indicated in euros "inclusive of all taxes" and are only applicable on the date the order is validated by the customer. Prices do not include delivery charges, gift-wrapping costs, promotional offers and personal discounts, if any, indicated before the final validation of the order.

Prices take into account the French VAT applicable on the day of the order, and any change in the legal VAT rate will automatically be reflected in the price of the products presented on the site, on the date stipulated by the implementing decree.

However, prices may not be modified once the Customer's order has been placed.
Similarly, if one or more taxes or contributions, particularly environmental taxes, are created or modified, either upwards or downwards, this change may be passed on to the selling price of the products on the elhee.com website.

Orders to countries outside the European Union are not subject to French VAT. The prices indicated on the site for these orders are exclusive of tax and therefore do not include VAT. However, these orders are subject to any taxes and customs duties applicable in the country of destination.

ARTICLE 7: PAYMENT

PAYMENT METHODS
The customer may pay for his order online by credit card (Carte Bleue, Visa, Eurocard-Mastercard, Bancontact), or by Paypal. The customer guarantees the company Élhée that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. Purchases are debited from the Customer's account when the order is processed.

Élhée makes every effort to ensure the security and confidentiality of data transmitted online. To this end, the site uses a secure SSL (Secure Socket Layer) payment method, which encrypts your bank details as they are transmitted over the network. You can tell that the transmission is software-encrypted as soon as the padlock symbol appears in your browser. The transaction is carried out via the CIC bank, which alone has access to the banking information provided on the site at the time of payment.

The company Élhée reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment. In particular, the company Élhée reserves the right to refuse to make a delivery or to honour an order from a Customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

As part of an order verification procedure designed to ensure that no one is using another person's bank details without their knowledge, the Customer may be asked to send a copy of an identity document and proof of address to Élhée by fax or e-mail. The order will only be validated once we have received and checked the documents sent. If these documents are not received within 15 days of the order being placed, the order will be automatically cancelled.

INVOICE
The order form that the Customer draws up online or the order confirmation sent by e-mail to the Customer by Élhée does not serve as an invoice. The Customer has the original invoice in his online account. The invoice is not enclosed in the parcel. Élhée keeps an electronic copy of each invoice.
In the case of delivery to an address other than the billing address, the invoice is in all cases only available in the Customer's online order tracking account.

TRANSFER OF TITLE
Élhée retains ownership of the Products delivered until full payment has been received from the Customer. The above provisions do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products subject to retention of title, or of any damage they may cause, upon delivery of the Products.

ARTICLE 8: DELIVERY

DELIVERY ZONES
The geographical delivery zone for the Élhée boutique offer is as follows:
Metropolitan France, Corsica and Monaco and certain countries in Europe and the rest of the world.
The Customer may contact the Élhée Customer Service Department for more information on delivery conditions to a specific country in the world. Orders to countries outside the European Union are not subject to French VAT. However, they may be subject to taxes and customs duties in the country of destination. These costs and related formalities are the responsibility of the customer/consignee. They must be paid directly to the carrier at the time of delivery. The customer is also responsible for checking whether the products ordered can be imported under the laws of the country of delivery. We recommend contacting the customs authorities for further information.

DELIVERY SERVICES
Products are delivered to the address indicated by the Customer on the order form. The Customer is responsible for verifying the completeness and accuracy of the information provided to Élhée. Elhée cannot be held responsible for any input errors and the consequences in terms of late or incorrect delivery. In this context, all costs incurred for the reshipment of the order will be entirely at the Customer's expense.
Élhée cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike of postal services and means of transport and/or communications).

SHIPPING DEADLINES
Orders placed online via the elhee.com website are checked daily from Monday to Friday, except for public holidays. Elhee does its utmost to process and dispatch orders within 1 working day. However, depending on the item, the processing and preparation time for an order may be longer, taking between 1 and 5 working days. Upon receipt of the shipment confirmation e-mail, the Customer may take into account the carrier lead times announced below. Élhée informs its Customers that these shipping times do not include Saturdays, Sundays and public holidays.
In the case of an order that includes one or more unavailable products as well as one or more available products, Élhée ships the order upon receipt of all the products that make up the order. If the Customer wishes to receive the immediately available products as soon as possible, he is advised to isolate these items in a specific separate order.

SHIPPING DEADLINES
Shipping times depend on the carrier chosen by the customer and the place of delivery.
Élhée informs customers of the delivery times announced by the chosen carrier. Shipping costs are calculated according to the country of delivery at the time of shopping and are definitively confirmed according to the mode of transport and delivery destination chosen, before final validation of the order. However, Élhée informs its customers that delivery times do not include Saturdays, Sundays and public holidays.

DELIVERY TIME Delivery times can be as follows:

• If the products are available, the delivery time is equal to the time indicated when the order was placed in the delivery method section.
• If the products are not available and therefore on order, the delivery time is equal to the time indicated in the product availability section.

If it turns out that the delivery date cannot be met, a new delivery date will be communicated to the Customer, based on data known by Élhée. In this case, a proposal for order cancellation, credit note or refund will also be made to the Customer.

MEANS OF DELIVERY IN METROPOLITAN FRANCE

Standard delivery by Colissimo (usually 48h/72h)
This delivery method allows the customer to receive his or her parcel within 48 hours of dispatch, thanks to La Poste and the Colissimo service (excluding order processing and preparation time, which can take from 1 to 5 working days). Deliveries are made Monday to Friday mornings, except on public holidays. The cost of this option depends on the total weight and volume of the items ordered. The parcel is picked up by La Poste and delivered to the delivery address indicated by the customer. If the Customer is absent at the time of delivery, a delivery notice will be left at the delivery address indicated by the Customer, enabling the Customer to collect the parcel from the nearest post office. Parcels are kept pending at the post office for 15 calendar days. If the products are not collected within the time limit set by the carrier, they will be returned to Élhée, which reserves the right to reimburse the price of the products, with shipping costs remaining at the Customer's expense.

Delivery by UPS and DHL (usually 24 hours)
This method of delivery allows customers to receive their parcel within 24 hours of dispatch by UPS and DHL (excluding order processing and preparation time, which may take 1 to 2 working days). Deliveries are made Monday to Friday, except on public holidays. The cost of this option depends on the total weight and volume of the items ordered.
The parcel is picked up by UPS or DHL and delivered to the delivery address indicated by the Customer. When placing your order, you must ensure that you specify the access conditions to the delivery address (code, building, floor, door, etc.), as well as a telephone number where you can be easily reached. In the event of absence, the delivery driver will leave a note indicating when he will return. The Customer may call UPS or DHL customer service to arrange a new delivery date that is more convenient for him. After 3 unsuccessful deliveries to the delivery address, the parcel is automatically returned to Élhée, who reserves the right to refund the price of the products.
The delivery times we indicate are indicative and those generally observed. No reimbursement of shipping costs will be made in the event of delivery taking longer than those indicated.

MEANS OF DELIVERY OUTSIDE METROPOLITAN FRANCE
In Europe and abroad, delivery is made via various carriers: Colissimo, UPS, etc. The costs incurred depend on the destination country, and the total weight and volume of the items selected. Costs and delivery times are indicated to the customer before the order is confirmed.
Orders to countries outside the European Union are not subject to French VAT. However, they may be subject to taxes and customs duties in the country of destination. These costs and related formalities are the responsibility of the customer/consignee. They must be paid directly to the carrier at the time of delivery.
The customer is also responsible for checking whether the products ordered can be imported under the laws of the country of delivery. We recommend contacting the customs authorities for further information.

PACKAGING
Products are packaged in such a way as to comply with current transport standards, and to ensure optimum protection of the products during delivery. The customer is asked to respect these same standards when returning a product, whether for after-sales service or for a return for convenience. In the event of a product return, if we find that the product has been returned to us damaged due to inadequate packaging, Élhée may decide to reimburse only part of the cost of the product, or refuse to reimburse the cost of the product if it cannot be resold in its original condition.

CUSTOMER'S RESPONSIBILITY TO CHECK PACKAGES UPON RECEIPT
Élhée reminds customers that it is their responsibility to inspect their packages upon receipt in the presence of the delivery person, and to immediately notify the carrier and the Élhée Customer Service Department of any anomaly noted (e.g., shock, damaged package, delivery date that does not comply with the normal delivery service deadlines). In the event that such information has not been included on the delivery slip presented to the Customer by the carrier, no claim relating to the condition of the parcel(s) may be accepted a posteriori by Élhée.

DELIVERY DELAYS RELATED TO THE CARRIER
In the event of a delivery delay in relation to the times announced by the carriers, the Customer should first contact the carrier or its distribution office in the case of La Poste, to see if the parcel is not pending. If this is the case, the Customer may contact the Élhée Customer Service department by telephone or e-mail to open a dispute or investigation file in order to search for the parcel.
Sometimes parcels are mislaid by carriers. The deadlines imposed by the carriers require the Customer to declare the loss within 10 days of receipt of Élhée's dispatch notice. Élhée will then make the necessary claims with the carrier concerned. Once the claim and investigation have been made, it may take 3 to 4 weeks for the carrier to return the parcel.
If the parcel is found, it will be returned immediately to the Customer's home address. If the parcel is not found, the Customer may request the return of the same Product (subject to availability), at Élhée's expense, or a refund of the amount paid. If the Product(s) ordered are no longer available at that time, Élhée will reimburse the amount of the Products concerned by the carrier's loss.

DAMAGED PACKAGES
It is the customer's responsibility to check the condition of the package in the presence of the carrier, and to make any necessary reservations on the delivery note in the event of partial or total deterioration. In the absence of any reservations, the product is deemed to have been accepted by the Customer and may not be the subject of any dispute concerning its delivery. The Customer must inform Élhée by e-mail as soon as possible, so that Élhée can take the necessary measures as quickly as possible.

ARTICLE 9: RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE

9.1 Legal retraction period
In accordance with the provisions of articles L.221-16 et seq. of the French Consumer Code, the Customer has a retraction period of fourteen (14) calendar days from the date of receipt or withdrawal of the products to exercise his legal right of retraction and thus notify Élhée of his intention to return the said product. If the products are eligible for the legal right of retraction, the Customer exercising his right of retraction under the conditions provided for in the present article in terms of the time limit and methods of returning the products, may obtain a refund for the returned products.

The refund will be made by the same means of payment used by the Customer for the initial transaction. The reimbursement will be made as soon as possible and at the latest within 14 days of the effective exercise of the right of withdrawal by the Customer. This period may however be extended by Elhée until Elhée receives the goods returned by the Customer to the address indicated on the return form, or until Elhée receives proof of shipment of the Items by the Customer. When the fourteen (14) day period expires on a Saturday, Sunday or statutory or non-working holiday, it is extended to the next working day.

In accordance with article L.221-23 of the French Consumer Code, the right is exercised by returning the product, at Elhée's expense for returns from Metropolitan France, failing which the shipping costs remain payable by the Customer.

Customers can benefit from a prepaid return voucher in the event of non-conformity of the products delivered in relation to the order (in this case, the return costs will be borne by Élhée).

The right of withdrawal is exercised under the same conditions from the time the order is placed and before delivery.

9.2 Conventional withdrawal period
To ensure customer satisfaction, Élhée accepts returns by post to the address indicated by Customer Service or on the delivery slip for the item concerned, within a period exceeding the above-mentioned legal withdrawal period. In this respect, the Customer has fourteen (14) days from the date of receipt of his order to retract and return his products. Returns beyond this period will not be accepted.

9.4 How to exercise the right of withdrawal

To request a return, please contact Customer Service by e-mail: [email protected] and include the following information:

• Enter the corresponding order number.
• The reason for withdrawal
• Customer's name and address

Return address :

ÉLHÉE 4 rue Clara Belle, 38160 Saint-Marcellin France

A pre-paid return slip will be sent to the customer to return unused products in their original packaging.

In the event of failure to comply with these deadlines, Élhée will not be able to reimburse the Customer.
Only products returned in their original packaging and in perfect condition for resale will be accepted. Consequently, returns of used products and damaged boxes will be refused.

Withdrawal may never be exercised if the products delivered have been damaged or used. Similarly, products returned incomplete, damaged or soiled by the customer will not be returned or exchanged.

The products must also be accompanied by the order number, either on the returns form sent with the delivered products and signed by the Customer, or on any other document. The Customer is hereby informed that the use of the returns form facilitates the processing of the return by Élhée. The Customer is therefore invited to use this return form.

The Customer may only be held liable in the event of product depreciation resulting from handling other than that necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products.

Refunds in the event of use of the right of withdrawal will be made by the same means of payment as that used by the Customer for the initial transaction, unless the Customer specifically indicates otherwise.

ARTICLE 10: WARRANTIES, CLAIMS, MEDIATION

GUARANTEE
In accordance with article 4 of decree no. 78-464 of March 24, 1978, the provisions of the present contract cannot deprive the customer of the legal guarantee which obliges the professional seller to guarantee the customer against all consequences of hidden defects in the item sold.

The Customer is expressly informed that Élhée is not the manufacturer of the products presented on the elhee.com site, within the meaning of French law no. 98-389 of May 19, 1998, concerning liability for defective products.
Consequently, in the event of damage caused to a person or property by a defective product, the Customer may only seek to hold the manufacturer liable, on the basis of the information appearing on the packaging of said product. Furthermore, the company reminds you that the products, services and information offered by Élhée in no way replace the constant vigilance of adults. Élhée may not be held liable in the event of non-compliance with the legislation of the country where the products are delivered. It is the Customer's responsibility to check with local authorities regarding the possibility of importing or using the products or services that you intend to order.

COMPLAINTS / MEDIATION
All complaints must be made in advance by e-mail via the "Customer Service" section of the Site. Contact address: [email protected]

Where applicable, the reimbursement will be made within 14 days of receipt of the Article by Élhée according to the method of payment chosen at the time of the Order, either on the bank card used for payment or on the Customer's PayPal account. These provisions are not exclusive of the aforementioned right of withdrawal.

Furthermore, in accordance with article L.616-2 of the French Consumer Code, Élhée informs the Customer of the existence of the platform set up online by the European Commission, the purpose of which is to collect any complaints arising from an online purchase from European consumers and then forward the cases received to the competent national mediators. The link is as follows: http://ec.europa.eu/consumers/odr/

ARTICLE 11: LIABILITY

The products offered comply with current French legislation and standards applicable in France. Élhée may not be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is the customer's responsibility to check with the local authorities regarding the possibility of importing or using the products you are considering ordering.

Élhée may not be held liable for any inconvenience or damage related to the use of the Internet network, such as a break in service, the presence of computer viruses or external intrusions, and more generally for any event qualified by the courts as force majeure or the act of a third party.
Hypertext links may lead to sites other than the en.Élhée.com site. Élhée declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force. 

ARTICLE 12: FORCE MAJEURE

Neither party will have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by a fortuitous event or force majeure.
A fortuitous event or force majeure will be deemed to be any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, independent of the parties' will and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other within ten working days of becoming aware of the event.
The two parties will then meet, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the contract will continue.
If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those generally accepted by the jurisprudence of French courts and tribunals:
- Total or partial strikes, internal or external to the company, blockage of means of transport or supplies for any reason whatsoever, governmental or legal restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning;
- Stoppage of telecommunication networks or difficulties specific to telecommunication networks external to Customers.

ARTICLE 13: PERSONAL DATA

Visitors or Customers to the elhee.com site have the right to access, modify, rectify and delete any data concerning them at any time, in accordance with article 34 of the French Data Protection Act of January 6, 1978. When a Customer registers or places an order, or in the context of other specific operations, Élhée offers Visitors or Customers the opportunity to receive its newsletters and promotional offers, and/or to register to be informed of its exclusive sales. Visitors or customers may modify their subscription at any time via their personal account, or via the hypertext link at the bottom of newsletters received by e-mail.

Élhée undertakes to take effective account of changes to subscriptions and unsubscriptions to commercial e-mails sent by it as soon as possible, depending on the processing required.

Élhée may also offer its visitors or Customers the opportunity to receive promotional offers from its partners. Élhée may, for commercial purposes, transmit to commercial partners the identity and contact information of its users or Customers, only insofar as they have agreed to the disclosure of their personal data. Users and Customers may modify their choices at any time on the Élhée site.

Élhée uses data collection systems such as cookies. A cookie is a computer file stored on the hard disk of the user's computer. Cookies make it possible to signal a previous visit to the site by the user and to link the user to personal data left on the site, in particular for the purpose of identifying the order basket.
Élhée informs its customers that the processing of this nominative and/or personal information has been declared to the CNIL. 

ARTICLE 14: INTELLECTUAL PROPERTY

All content (texts, comments, works, illustrations, images, videos, graphics, sounds... including the underlying technologies used) displayed on the present site is reserved under copyright and intellectual property law for the entire world. As such, and in accordance with the provisions of the French Intellectual Property Code, only private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes an infringement and is punishable under the Intellectual Property Code unless prior authorization has been obtained from Élhée. Total or partial reproduction of the Élhée catalog is strictly forbidden.

Any person owning an Internet site wishing to place on its site a simple link referring directly to the elhee.com site must request authorization from Élhée. Any authorization given by Élhée shall in no case constitute an implicit affiliation agreement and shall in no case be given on a permanent basis. Upon simple request from Élhée, this link must be removed.