The present General Conditions of Sale ("GCS") apply, without restriction nor reserve to the whole of the sales concluded by HEOL (hereafter "HEOL") near the consumers and the non-professionals (hereafter called "the Customer(s)"), wishing to acquire the Products proposed by HEOL (hereafter called "the Products") on the Internet site www.jobek.fr (hereafter "the Site").
These GTC apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or by means of other distribution and marketing channels.
These GTC are accessible at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document from HEOL.
The placing of any order on the Site implies adherence to these GTC, which the Customer declares to have read and which he acknowledges having accepted by ticking the box provided for this purpose.
These general terms and conditions of sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the date of placing the order.
The Products offered for sale are the following: hammocks and hammock supports and spare parts.
Product offers are subject to availability, which is specified when the order is placed.
The main characteristics of the Products and in particular the illustrations of the Products are presented on the Site.
The photographs and representations of the Products presented on the Site are not contractual and cannot engage the responsibility of HEOL. Indeed, there may be discrepancies, particularly due to computer graphics resolutions.
The Customer is required to refer to the description of each Product in order to know the essential characteristics and may ask HEOL for any question.
The colours/shades/measures of the Products appearing on the Site can only be indicative. Consequently, any variation of these characteristics within reasonably acceptable tolerances cannot justify any cancellation of order or refusal of delivery on the part of the Customer.
HEOL must be able to make any modification or technical improvement to its Products at any time, without this being able to justify any cancellation of the order on the part of the Customer, except if these modifications or improvements affect the essential characteristics of the Products.
The contractual information is presented in French and English. The Products are offered for sale in the following countries and areas: Metropolitan France, Corsica, Germany, Austria, Belgium, Luxembourg, Europe, Belle Ile and other French islands (Ile aux Moines, Ile d'Arz, Ile d'Ouessant, Ile D'Yeu, Ile de Batz, Ile de Bréhat, Ile de Groix, Ile de Sein, Ile Molène).
Please note that some products are sold exclusively in Metropolitan France due to their weight and/or volume.
For deliveries outside these areas, the Customer must contact HEOL directly via the contact form or the address firstname.lastname@example.org.
3. How to order
The Customer declares on his honour to have the capacity to contract, in accordance with the law, and in particular with articles 488 and 1124 of the Civil Code, not to be a minor and not to be the subject of a measure of protection, in particular of guardianship.
In the event of a first order, the Customer must open a customer account and fill in a form specifying certain obligatory fields so that his order can be taken into account by HEOL. Thereafter and for any new order, the Customer will identify himself using his e-mail address (identifier) and his password (of which he will have the responsibility to preserve the confidentiality). The Customer must provide a telephone number and an email address where they can be easily reached.
If the Customer loses their password, they can create a new one by following the process on the Site.
It is up to the Customer to select the Products he/she wishes to order on the Site, according to the following procedures:
Select the Product and add it to the basket.
Fill in the order form. In the event of prolonged inactivity during the connection, it is possible that the selection of Products chosen by the Customer before this inactivity is no longer guaranteed. In this case, the Customer is invited to start again with the selection of Products from the beginning.
Check the details of the Order and, if necessary, identify and correct any errors.
Validate the Order, the Total Price per Product and the Order Total and then click on the "order and pay" tab, which will form the sales contract. This validation implies the acceptance of the entirety of these GTC and constitutes proof of the sales contract.
Follow the payment instructions to pay the Total Order.
The Customer shall receive electronically and without delay an acknowledgement of receipt containing the essential information of the order, which shall be deemed to be confirmation of the Order (the "Order Confirmation").
Up until the Order Confirmation stage, the Customer will be able to return to the previous pages and correct and modify his/her order and the information previously provided.
The sale will be considered as final as soon as the Customer receives the confirmation/acceptance of his/her order by email from HEOL.
Except contrary proof, the data recorded in the computer system of HEOL constitute the proof of the whole of the transactions concluded with the Customer.
4. Validity of the order
HEOL reserves the right to refuse or cancel any order from a Customer in the event of rejection of the means of payment or opposition to payment by the bank holding the account, but also in the event of a previous dispute relating to the payment of a previous order or in the event of an abnormal order, placed in bad faith or issued from countries not covered by these GTC.
In this case, HEOL will inform the Customer.
HEOL does not intend to sell the Products on the Site open to all to professionals who have a dedicated space, but only to consumers or non-professionals, for their personal needs.
HEOL therefore reserves the right to refuse abnormal orders or orders in large quantities. The Customer will be informed as soon as possible.
In the event of non-compliance with the present GTC by the Customer, HEOL reserves the right to cancel all or part of the orders in progress or to suspend the delivery of goods.
The prices are expressed in Euros, including all taxes but excluding delivery costs, which are indicated at the time of validation of the order in the choice of delivery method.
The Products are supplied at the price in force on the Site when the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including its costs.
An invoice can be consulted and downloaded from the Site when the Products are sent.
HEOL reserves the right to modify the prices in force on the Site at any time. The change in price is automatically applicable on the date of publication on the Site.
6. Terms of Payment
The price is payable in full on the day the order is placed by the Customer, by secure payment, in the following ways
by credit card: Visa, Maestro, MasterCard or Carte Bleue.
All orders are payable exclusively in Euros.
The payments made by the Customer will be considered as final after collection by HEOL of the sums due.
In addition, HEOL reserves the right, in the event of non-compliance with the conditions of payment appearing above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, higher than the costs borne by HEOL for the use of a means of payment may be invoiced to the Customer.
7. Delivery - Transport - Reception
7.1 Delivery Charges
Standard home delivery charges are calculated by product weight. They are different according to the country of the place of delivery and are indicated before the validation of the order.
For deliveries in Metropolitan France (excluding Corsica, islands and DOM TOM) delivery is free.
Delivery charges for other areas
- Between 0.10 kg and 5 kg: from 10 to 20 € TTC (depending on the place of delivery)
- Between 5 kg and 10 kg : from 12.50 to 22.50 € TTC (depending on the place of delivery)
- Between 10 and 20 kg: from 15 to 25 € including VAT (depending on delivery location)
- Between 20 and 30 kg: from 20 to 30 € including VAT (depending on the place of delivery)
*These values are subject to change.
In the event of particular request of the Customer concerning the conditions of packing or transport of the ordered Products, duly accepted in writing by HEOL, the related costs will be the subject of a specific additional invoicing, on estimate accepted beforehand in writing by the Customer.
7.2 Delivery Times
The Products ordered by the Customer will be delivered in mainland France within 2 to 5 working days from the date of receipt of the Order Confirmation to the address indicated by the Customer when placing the order on the Site (delivery time is indicative and not guaranteed).
Deliveries to seaside areas in summer and mountainous areas in winter often result in longer delivery times. It should also be noted that deliveries outside mainland France may take longer than the time indicated.
Except in particular cases or unavailability of one or more Products, HEOL endeavours to deliver all orders in one go within the time limits specified above.
If in the order, the Products have different delivery times, it is the longest delivery time which applies to the whole of the order
However, if the ordered Products were not delivered within 30 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles
L 216-2; L 216-3 and L 241-4 of the Code of consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.
7.3 Terms of Delivery
Deliveries are ensured by LAPOSTE, GLS or KUEHNE & NAGEL depending on the order and the carrier chosen when placing the order, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
The carrier delivers the Customer to the door of his home if it is a house or in the hall of the building if it is a flat. The carrier is not obliged to make the delivery inside the Customer's home, nor on the floor. Nor does he have to unpack, assemble or install the products.
In the event of absence or unavailability to receive the order, the Customer must imperatively inform the carrier; otherwise, the re-delivery will be at his expense.
In the event of a strike or any other event of an exceptional nature, having the effect of slowing down or preventing the delivery of the parcels, HEOL will make its best efforts to inform the Customer of the state of dispatch of his order, but cannot be held responsible for the delays caused.
In any event, delivery within the time limits can only take place if the Customer has communicated to HEOL exact information on the details of the recipient. In the event of an error, HEOL may not be held responsible for the impossibility of delivering the Products at the desired place and time.
The Customer undertakes to check, at the time of delivery, the number of Products delivered and the absence of any transport damage and to indicate, if necessary, on the delivery note and in the form of handwritten reserves accompanied by his signature, any anomaly in this sense, with any useful precision (damaged cardboard, scratched table top...). Otherwise, the Customer will be deemed to have received the Products in the quantity ordered and without transport damage.
These reservations must be confirmed by e-mail to the following address: email@example.com
If these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no complaint can be validly accepted by HEOL.
HEOL will reimburse or replace if possible, after return and examination of the non-conforming or damaged products, as soon as possible and at its own expense, the Products delivered for which the defects of conformity or the apparent or hidden defects will have been duly proven by the Customer.
8. Circular Economy
HEOL is registered with the National Register of Furniture Manufacturers under the number FR015517_10WK4O and household packaging under the number FR319189_01EYQB..
These numbers guarantee that HEOL, by adhering to EcoHouse and CITEO, is in conformity with the regulatory obligations incumbent upon it in application of article L541-10-6 of the Environmental Code.
The ecohouse is a national system which provides for the collection of an eco-participation with each purchase of new furniture in order to finance the collection and recycling of used furniture, mattresses, duvets and pillows.
The amount of this eco-tax is calculated for each Product in application of the national regulator scale based on the overall cost of collection, sorting and recycling of used furniture belonging to the same product family. This amount varies according to the material, weight, size or volume of the product. It is mentioned next to the price of each Product put online on the Site.
8.2 Household Packaging
Article 62 of the anti-waste law for the circular economy (AGEC law) provides for the implementation of a unique identifier for all companies or entities subject to the principles of Extended Producer Responsibility (EPR) which will allow them to be identified with an approved company subject to the principle of EPR.
The contributions collected are paid back in the form of support to local authorities for the financing of separate collection, sorting and recycling of household packaging waste.
Reminder of regulatory texts
Articles L.541-10-13, L.541-10-10 and L.541-10-9 of the Environment Code
9. Transfer of Ownership - Transfer of Risk
In accordance with article L 138-4 of the Code of Consumption, the transfer of the risks of loss and deterioration of the Products, will be carried out only at the moment when the Customer takes physically possession of the Products.
The Customer, who has custody of the Products not fully paid for, undertakes to keep them in perfect condition, to inform HEOL of the place where they are handed over and to keep them at its disposal.
10. Right of Withdrawal
In accordance with Article L. 121-21 of the French Consumer Code, Customer based in France has a period of fourteen (14) days from the date of receipt of the Products ordered on the Site to exercise his/her right of withdrawal, without having to justify his/her reasons or pay any penalties.
The Customer who decides to exercise his right of withdrawal, when this is possible, must do so using the form available online by clicking here.
In accordance with Article L121-21-3 of the French Consumer Code, the Product(s) must be made available to the carrier or returned by the Customer no later than fourteen (14) days following the communication of his/her decision to withdraw.
The Customer will have to return in their original state and complete, accompanied by the form of retraction duly filled available on the Site and a copy of the delivery order.
Only for Metroplitan France, HEOL proposes the passage of a carrier to the requested address and will retain a fixed contribution for the return of the products:
- 10 € including tax for spare parts
- 20 € including tax for hammocks only
- 30 € including tax included for supports only except Ark 400, Klass 370 and Klass 400
- 30 € including tax included for hammock sets (stand + hammock) except King and Kolossal sets
- 70 € including tax for ArK 400, Klass 370, Klass 400 and King and Kolossal sets
These costs cover the outward and return transport of the products, the damaged packaging, the verification of the state of the products on return and the management of the refund.
If you wish to make a return by your own means in Metropolitan France, HEOL will then retain only 50% of the costs mentioned above. It will be up to the Customer to take care of the proof of this return, the expenses and risks of return weighing on the Customer.
Outside of France, please contact us to know if it possible to return the goods and possibly obtain a "packaging and verification" fee.
Postal address: HEOL, 13, rue Colonel Charbonneaux - 51100 REIMS
E-mail to firstname.lastname@example.org
Only Products returned in perfect condition for resale (this presupposes that they are returned in their original packaging or, at the very least, in packaging allowing equivalent protection of said Products during their return transport) will be accepted. Consequently, Products returned incomplete, damaged, soiled or bearing traces of use will not be refunded to the Customer.
Subject to compliance with the time limit and conditions mentioned above, HEOL will reimburse the entirety of the sums paid by the Customer (costs of the initial delivery possibly invoiced by HEOL to the Customer) to his bank account, corresponding to the bank card used on the day of the order, and this within fourteen (14) days following the date on which the right of withdrawal was exercised.
In the event that the conditions for exercising the right of withdrawal described above have not been respected while the Product has been returned by the Customer to HEOL, the Customer will be able to receive again at his expense the Product that he would have returned, in the state in which it was returned to HEOL.
11. Guarantees - Responsibilities of Heol
11.1 Legal Guarantee
The Products are only intended for the personal use of the Customer and not for professional purposes.
The Products supplied by HEOL benefit from the right of withdrawal, in accordance with the legal provisions, by right and without additional payment,
- the legal guarantee of conformity, for apparently defective, damaged or damaged Products or Products that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use, under the conditions and according to the terms set out in the box below.
When acting on the basis of the legal guarantee of conformity, the Customer :
- has a period of two years from the delivery of the goods to act ;
- may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 211-9 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
The legal guarantee of conformity, in respect of which HEOL cannot exempt itself or limit its scope, applies independently of any commercial guarantee.
Subject to the foregoing, any return of a Product by the Customer is subject to the prior agreement of HEOL, which may obtain on request any element justifying the Customer's complaint: details, photographs, etc.
In the event of non-conformity of the Product delivered, the Customer may ask HEOL either to repair or to replace the Product concerned. However, HEOL may refuse the proposed method in favour of the other method, if the Customer's choice entails a cost that is clearly disproportionate to the other possible method of compliance (Article L. 211-9 paragraph 2 of the Consumer Code).
In addition, the Customer may request a reduction in the price or the cancellation of the contract in the following three cases (Article L. 211-10 of the Consumer Code):
- if repair and replacement are impossible,
- if the requested compliance cannot be implemented within one month of the Customer's complaint
- if compliance cannot be achieved without major inconvenience to the Customer given the nature of the goods and the use he is seeking. However, termination of the contract may not be requested for a minor lack of conformity.
11.2 Commercial Guarantee
In addition to the legal warranties of conformity and hidden defects mentioned above, the Products purchased on the Site may benefit from commercial warranties specified in the description of each of the Products concerned and under the conditions defined below.
The following are covered by commercial guarantees:
All our hammock covers are guaranteed for an additional three (3) years
NOur fixing kits are guaranteed for an additional three (3) years
Within the framework of the above guarantees, the following are not covered :
Deterioration due to lack of care or failure to observe the precautions and advice on receipt, assembly, use, maintenance and storage of the furniture,
natural wear and tear and loss of freshness of the materials used,
changes in the appearance of the wood due to its natural ageing.
Independently of the commercial warranties granted to the Clients above, HEOL is bound by the legal warranty of conformity and that relating to hidden defects under the following conditions:
Article L 217-4 Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L 217-5 Consumer Code
To be in conformity with the contract, the goods must :
1° - Be fit for the purpose usually expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model.
- have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling.
2° - Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L 217-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 Civil Code
The seller is bound by the guarantee for hidden defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In order to assert his rights, the Customer must inform HEOL, in writing, of the non-conformity of the Products within a maximum period of 7 days from the delivery of the Products or the existence of hidden defects within the above-mentioned periods and return the defective Products in the state in which they were received with all the elements (possible accessories, packaging, etc.).
HEOL will reimburse or replace the Products ordered.
Reimbursements for Products judged not to be in conformity or defective will be made as soon as possible and at the latest within 14 days following the finding by HEOL of the lack of conformity or the hidden defect. The refund will be made by transfer or by credit to the Customer's bank account. For reimbursements by bank card, interbank delays may delay the effective credit to the Customer's account by a few days.
The responsibility of HEOL cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the Products are used, which it is up to the Customer to check,
- in the event of misuse, use for professional purposes, negligence or lack of conservation or storage on the part of the Customer, as well as in the event of ageing, wear and tear of the Products, accident or force majeure.
12. Force majeure
HEOL may be released from all or part of its obligations without being able to claim damages if fortuitous events or force majeure occur that prevent or delay either the production or the delivery of the Products.
The following are considered to be cases of force majeure abnormal weather conditions, fires, embargoes, floods, storms, serious accidents involving equipment or tools, mobilisation, war, epidemics, pandemics, major health crises, active circulation of a virus, the implementation of measures recommended by administrative bodies in the context of a health crisis administrative closures, transport interruptions/delays, shortage of raw materials, modification of the laws or customs regulations inherent to the Products, strikes, whether these events have total or partial consequences on the activity of HEOL or its suppliers and/or subcontractors and more generally, any cause beyond the control of HEOL.
In the event of the occurrence of a case of force majeure, HEOL undertakes to inform the Customer as soon as possible and in writing.
The contract binding HEOL and the Customer will then be suspended by right without compensation of any kind from the date of occurrence of the event to the date of its end.
13. Personal Data
In accordance with the provisions of the General Data Protection Regulation or "RGPD", HEOL informs the Customer that within the framework of the establishment and monitoring of the contractual relationship which binds HEOL to its Customers, HEOL may be required to collect and process personal data concerning him. The provision of personal data is required to (a) establish and ensure the follow-up of the contractual relations between HEOL and the Customer, to implement the contractual commitments entered into and more generally to satisfy the obligations arising therefrom, (b) to satisfy and implement all the administrative, accounting and tax formalities relating thereto, (c) to comply with the applicable legal and regulatory provisions, (d) to ensure the management.
The personal data relating to the Client is intended for the internal services of HEOL, and may be communicated to third parties for the needs of the purposes referred to above, such as the companies in the group to which HEOL belongs, the tax and/or social authorities, its accounting and/or legal service providers, and more generally its partners who have knowledge of the data concerned for the purposes referred to above.
The personal data will be kept and processed within the European Union.
HEOL keeps in its systems the personal data collected for a period limited to what is necessary with regard to the purposes for which they are processed, and/or to satisfy specific regulatory or contractual obligations. The data concerned is then, depending on the case, deleted, anonymised or archived.
In accordance with the RGPD, the Customer whose personal data is processed has a right of access, rectification and deletion of the information concerning them, a right of opposition and withdrawal of their consent if the processing of the data concerning them is based on consent, as well as a right to oblivion and/or limitation of the processing using the personal data concerning them, within the limits and conditions defined in the RGPD. These rights can be exercised at the following address HEOL COMMERCIALISATION, 13, rue Colonel Charbonneaux - 51100 REIMS. In addition, the persons concerned have the right to lodge a complaint with the CNIL.
14. Applicable Law - Disputes
14.1 Applicable Law
By express agreement between the parties, these GTC and the operations arising from them are governed by and subject to French law. These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
14.2 Settlement of Disputes
In the event of a dispute, the Customer must contact HEOL's Customer Service Department by e-mail at email@example.com or by post at 13 Rue du Colonel Charbonneaux – 51100 REIMS.
The Customer is informed that he may in any case have recourse to conventional mediation, in particular with the Centre de la Médiation de la Consommation de Conciliateur de Justice (CM2C) - 14 Rue St Jean - 75017 Paris(https://www.cm2c.net/), or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In addition, the Customer is informed of the possibility of using the European online dispute resolution platform:
All disputes to which the purchase and sale operations concluded in application of these GTC could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved amicably between HEOL and the Customer will be referred to the French Courts.
15. Pre-contractual Information - Customer Acceptance
The Customer acknowledges having been informed, prior to placing the order and concluding the contract, in a clear and comprehensible manner, of these GTCs and of all the information listed in article L.221-5 of the Consumer Code and more particularly the following information :
- The essential characteristics of the products sold,
- The price of the Products and related costs,
- The time frame within which the Seller undertakes to deliver the Products,
- all information concerning the identity of the Seller as well as its postal, electronic and telephone contact details, its postal, electronic and telephone contact details,
- Information concerning the legal guarantees as well as their implementation modalities,
- The possible recourse to conventional mediation in the event of a dispute,
- Information on the right of withdrawal, the cost of returning goods, the terms of cancellation and any other important contractual conditions,
- The accepted means of payment
Last modified on 20/02/2023