Terms and Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter "GTC") are offered by the company KAMINO.

Hereinafter, the following terms will be defined:

“Website”: the website "https://solhela.com” and all its pages, the exclusive property of the Company.

“Products” or “Services”: all products (materials) and services (provisions) that can be purchased or subscribed to on the Website.

“Seller”: SOLHELA, a legal entity or individual, offering its Products or Services on the Website.

“Client”: the internet user, whether an individual or professional, making a purchase of Product(s) or Service(s) on the Website.

“Consumer,” in accordance with the definition in the preliminary article of the Consumer Code: “any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity.”

The internet user visiting the Website and interested in the Products and Services offered by the Seller is invited to carefully read these GTC, print them, and/or save them on a durable medium before placing an order on the Website.

The Client acknowledges having read and fully accepted the GTC.

Article 2 – Application of the GTC and Purpose of the Website

The Seller reserves the right to modify the GTC at any time by publishing a new version thereof on the Website.

The GTC applicable to the Client are those in force on the day of their order on the Website.

Legal information concerning the host and publisher of the Website, the collection and processing of personal data, and the terms of use of the Website are provided in the general terms of use, legal notices, and data policy of this Website.

This Website offers online sales of home, nature, comfort products.

The Website is freely accessible to any Client. The acquisition of a Product or Service implies the Client’s full acceptance of these GTC, who acknowledges having fully read them. This acceptance may consist, for example, of the Client checking the box corresponding to the acceptance phrase for these GTC, such as "I acknowledge having read and accepted all the general terms and conditions of the Website." Checking this box will be deemed to have the same value as a handwritten signature from the Client.

Acceptance of these GTC requires Clients to have the necessary legal capacity to do so. If the Client is a minor or lacks this legal capacity, they declare that they have the authorization of a guardian, curator, or their legal representative.

The Client acknowledges the evidentiary value of the Seller's automatic registration systems and, unless they provide contrary proof, waives the right to contest them in the event of a dispute.

Any Order for Products implies the Client's unreserved acceptance and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly and previously agreed otherwise by the Company.

Article 3 – Customer Service

The customer service of this Website is accessible by email at the following address: “support@solhela.com” via form or by postal mail to the address indicated in the legal notices. The Client must indicate their first name, last name, the subject of their request, and their Order number in the email.

For any professional requests (partnership, media, contract proposal), the Company can only be reached by email at support@solhela.com.

Article 4 – Order Placement Procedures and Purchase Process Description

The Products and Services offered are those listed in the catalog published on the Website. Each product is accompanied by a description prepared by the Seller based on descriptions provided by the supplier.

The photos on the Website are non-contractual and may vary slightly from the photographed models. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, etc.

Hereinafter, "Cart" is defined as the intangible object grouping all Products or Services selected by the Client of the Website for purchase by clicking on these items. To place an order, the Client chooses the Product(s) they wish to order by adding them to their "Cart," the content of which can be modified at any time.

The Client places the Order on the Website: the Client registers and validates the Order on the Website.
To place an Order on the Website, the Client freely selects one or more Products from the Website's catalog by clicking on the "add to Cart" button. On the "Cart" page, the Client can check the details of their Order and correct any errors before confirming it.
On the "Information" page, the Client must enter their contact information. They can opt to track their Order by email by checking the required box.
On the "Delivery" page, the Client must choose their proposed shipping method.
On the "Confirmation" page, the Client must enter their bank details as well as the billing address. The Client also has the option to enter a promotional code if they have one.
A complete summary of the Order appears. The Client has the option to modify all elements of the Order before finalization. The Client is responsible for any errors relating to the Order, Products, and contact information.
The sale is validly formed when the Client has confirmed the Order by clicking on the "Finalize my order" button, accepted the General Terms and Conditions of Sale, and proceeded with payment according to the chosen methods, subject to the exercise of the right of withdrawal.

The validation date of the Order corresponds to the date of receipt of the full payment of the total price including all taxes duly recorded.

Article 5 – Price and Payment Terms

Unless otherwise stated, the prices in the catalog are understood to be in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.

SOLHELA reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Client.

The Client can place an order on this Website and make payment by Credit Card, Bancontact, Apple Pay, or Paypal. Credit card payments are made via secure transactions provided by an online payment platform provider.

This Website does not have access to any data relating to the Client's payment methods. Payment is made directly to the bank or payment provider receiving the Client's payment. In case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC will only begin from the actual date of receipt of payment by the Seller, who can provide proof thereof by any means. Product availability is indicated on the Website, in the descriptive sheet of each Product.

SOLHELA will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. Computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.

Article 6 – Deliveries

Delivery charges will be indicated to the Client before any payment. The Website has no geographical delivery limitations; orders can be shipped worldwide. The delivery times indicated during the order are for informational purposes only and remain dependent on possible delays by postal services or other special circumstances preventing delivery (strikes, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Departments and Territories, the Client declares themselves the importer of the Product and accepts that, in such a case, the Seller may be physically unable to provide them with exact information on the total cost of duties and customs formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise displayed on the Website during the order process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.

Upon hand delivery, the client may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then be imperatively indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. For letterbox delivery, the client undertakes to immediately check the package and contact SOLHELA support if they notice any anomaly. Failing to comply with these provisions, the Client will not be able to exercise their right of refusal, and the Seller will not be obliged to accede to the Client's request to exercise the right of refusal.

If the Client's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Client upon receipt of the returned package to inquire about the desired course of action for their order. If the Client mistakenly refused the package, they may request its reshipment by first paying the postal fees for the new shipment. Postal fees must be paid even for orders for which shipping was free when the order was placed.

In case of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Client is a Consumer and the contract for the Product or Service allows withdrawal), any product to be exchanged or reimbursed must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from the Client's clumsiness or mishandling cannot be attributed to the Seller.

Any delay in delivery compared to the date or period indicated to the Consumer Client when placing their order or, in the absence of an indication of date or period when placing the order, exceeding thirty (30) days from the conclusion of the contract may lead to the cancellation of the sale at the initiative of the Consumer Client, upon written request from them by registered letter with acknowledgment of receipt, if after having enjoined the Seller to carry out the delivery, the Seller has not complied. The Consumer Client will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for the totality of the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

Specific case of a package whose tracking number indicates "delivered" but not received in the mailbox: if the Client notices and informs the Seller that the package is not in their mailbox despite its tracking number indicating "delivered," customer service may request additional information as well as an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then make every effort to ensure Client satisfaction by notably offering immediate reshipment of the products at their own expense.

Article 7 – Right of Withdrawal and Withdrawal Form

The Consumer Client has fourteen (14) working days from the date of receipt of the product from their order to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, with the exception of return costs, within fourteen days from SOLHELA's receipt of the refund request.

The Product must be returned in perfect condition, unopened (still in its blister pack) and unused. The Consumer Client can find below a standard withdrawal form for an order placed on the Website, to be sent to SOLHELA. It is understood that the Client will bear the costs of returning the Product in case of withdrawal.

It is recommended that the Client return the package using a solution that allows for tracking. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an inquiry with the postal services to request them to locate it.

The refund will be made using the same payment method chosen by the Client for the initial transaction, unless the Client expressly agrees that the Seller uses another payment method, and provided that the refund does not incur costs for the Client.

The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Client has not demonstrated that they have shipped the Product, if such a demonstration has not previously occurred.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client's liability may be engaged.

In accordance with Article L121-17 of the Consumer Code (the "Hamon Law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the website:

Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of:

SOLHELA

I / We (*) hereby notify you (*) of my / our (*) withdrawal from the contract for the sale of the goods below:

Order number:

Name / Surname:

Phone number:

Email address:

Postal address:

Reason for claim:

Exchange* (mention desired product)
Refund* (attach full bank details with IBAN and BIC mentioned)

Signature(s) of the Client(s) (only in case of notification of this form on paper):

Date:

(*) Delete as appropriate.

Article 8 – Product Warranty

Legal provisions to be reproduced

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

The consumer may decide to invoke the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any guarantee; in the event of the invocation of this guarantee, the buyer has the choice between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.

The deferral, suspension, or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the day the right arises, in accordance with Article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal guarantees, as provided by the Civil Code:

Legal guarantee of conformity

The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be responsible for any defects in conformity existing at the time the Product is delivered. The conformity guarantee can be exercised if a defect existed on the day the Product was taken possession of.

Conversely, it will be up to the Client to prove that the defect did exist at the time of taking possession of the Product.

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. They are then obliged to proceed, unless impossible, according to the option not chosen by the buyer.”

Legal guarantee against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If an exchange of the Product is impossible (obsolete Product, out of stock, etc.), the Client will be reimbursed by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (in particular, the return shipping costs of the Product) are then borne by the Seller.

Article 9 – Liability

The Seller SOLHELA cannot be held responsible for the non-performance of the concluded contract due to the occurrence of a force majeure event. Regarding the purchased Products, the Seller will incur no liability for any indirect damages as a result of these presents, loss of operation, loss of profit, damages or expenses that may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Client. The total or partial impossibility of using the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund, or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable, i.e., if the Client is not a Consumer Client and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with Article L 121-21 of the Consumer Code.

The Client expressly agrees to use the Site at their own risk and under their sole responsibility. In any event, SOLHELA cannot be held responsible:

for any direct or indirect damage, especially concerning loss of profits, loss of earnings, loss of clientele, or data that may, among other things, result from the use of the Site, or conversely from the impossibility of its use;
for any malfunction, unavailability of access, misuse, incorrect configuration of the Client's computer, or the use of an uncommon browser by the Client;
for the content of advertisements and other links or external sources accessible to Clients from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete.

Article 10 – Force majeure

In accordance with Article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, are considered cases of force majeure or fortuitous events, insofar as their occurrence makes the performance of obligations entirely impossible.

The occurrence of a force majeure event will automatically suspend the execution of the Order.

Beyond a period of ninety (90) calendar days, if the parties note the persistence of the force majeure event, the Order may be canceled by either party, and the sales contract terminated. To this end, the more diligent party must send the other a registered letter with acknowledgment of receipt denouncing the said sales contract.

The effective date of termination will be the date of the first presentation of the letter. In this event, neither party may claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or an authorized third party, or are used by the Seller with the authorization of their owners.

All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected under copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.

Only the use of the Site for private purposes, subject to different or more restrictive provisions of the Intellectual Property Code, is authorized.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is punishable under Intellectual Property law unless prior authorization is obtained.

Any reproduction, representation, adaptation of logos, textual, pictographic, or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.

Any Client found guilty of infringement may have their account deleted without notice or compensation and without this deletion constituting damage to them, without prejudice to any subsequent legal action against them, at the initiative of the Seller or their agent.

The trademarks and logos contained on the Site may be registered by SOLHELA, or possibly by one of its partners. Any person who represents, reproduces, embeds, disseminates, and redistributes them incurs the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

Article 12 – Processing of personal data

The Company collects Client data:
a) for the purpose of processing and tracking the Client's Order on its Site; (and/or)
b) for the purpose of being able to contact you about various events related to the Company, including updates to Products and customer relationship management; (and/or)
c) for the purpose of collecting information that allows us to improve the Site and our Products (including through cookies).

The collected data is processed by the Site's contractual service providers who are responsible for packaging and distributing the ordered Products, as well as by the hosting provider Shopify Inc., whose servers are secured and protected by a firewall.

The collected data is retained by the Company only for the period corresponding to the purposes of the collection mentioned above and which cannot, in any event, exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client has a right to access, modify, rectify, delete, or object for legitimate reasons concerning their data.

The Client can exercise their rights by e-mail at support@solhela.com.

Article 13 – Comments and other user submissions

If the Client sends ideas, proposals, or other items, whether online, by email, by mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Client grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any comment the Client sends.

The Company is not and shall not be held (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to comments.

The Company may monitor, modify or delete content that it deems, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale.

The Client agrees to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. The Client undertakes not to include illegal, defamatory, offensive, or obscene content in their comments, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Client undertakes not to use a false email address, impersonate someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.

The Client is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all liability with regard to comments published by the Client or any third party.

Article 14 – Severability of clauses

If any provision of the GTC is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.

These GTC supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable, or sublicensable by the Client themselves.

A printed version of the GTC and of any notice given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be drafted in the French language.

Article 15 – Applicable Law and Mediation

The General Terms and Conditions of Sale are subject to French law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, blocked, stolen, or falsified bank card. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes null and void and unenforceable will not challenge the validity of the other stipulations and will not exempt the Client from fulfilling their contractual obligations.

Indemnity

You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our products and services, your breach of the Terms or your breach of your acknowledgements, agreements, representations, warranties and obligations hereunder.

National or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract, may be submitted to mediation at the Client's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a Mediator approved by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Clients, for a period of three (3) years from [01/05/2019].

The European Commission website describes the mediation process used and allows Clients to submit a mediation request online accompanied by supporting documents.

The dispute cannot be examined by the Mediator if:

- the Client does not prove that they first attempted to resolve their dispute directly with the Company through a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has been previously examined or is currently being examined by another mediator or by a court,

- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,

- the dispute does not fall within their scope of competence.

Mediation is free for the Client. If the Client uses, at any stage of the mediation, a lawyer, a third party of their choice or an expert to defend them, they will bear the costs alone.

The Mediator may not receive any instructions from the parties nor be remunerated based on the outcome.

Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent Estonian court.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, blocked, stolen, or falsified bank card or check. In this context, no attempt at amicable conciliation will be accepted.

Parts Warranty:

The warranty is limited to 30 days following the date of purchase under normal conditions of use and excluding a breakdown caused by an external factor. Under these conditions, the seller agrees to replace the defective part.

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Terms and Conditions of Sale

Terms and Conditions of Sale

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