A. General conditions of sale
Article 1. Preamble – definitions
- "General conditions" designates the hereafter stated conditions.
- "Website" designates the HélOui website which can be found at the following address: www.heloui.com.
- "Product(s)" designates the product(s) that are the object of a sale via the website.
- "Merchant" designates Helo-ID BVBA, which is a private limited liability company registered with the Crossroads Bank for Enterprises under the number 0688.794.624 and whose head office is located at 2970 Schilde, Blijde Inkomst 8, Belgium.
- "User" designates the person who consults the website and carries out a purchase there.
- "Parties" designates both the user and the merchant.
1.2 These general conditions govern every sale of products made via the website.
1.3 By placing an order on the website, the user accepts these general conditions to be the conditions applicable to his order to the exclusion of all other conditions previously available at the website.
1.4 The user who wishes to buy a product on the website declares that he has total legal capacity. Any person affected by incapacity in the sense of articles 1123 and according to the Civil Code cannot in any way make a purchase on the website, or must do so via an intermediary and under the responsibility of his legal representative. That legal representative is required to respect these general conditions.
1.5 If an instance is not regulated by these general conditions, the rights of usage applicable in Belgium with regard to e-commerce shall apply.
Article 2. Product description and availability
2.1 The products for sale are those that appear on the website with a description of their essential characteristics on the precise day and at the precise moment the user consults the website while stocks last.
2.2 The merchant implements all reasonable means to display product availability in real time on the website. He cannot be held responsible, if a product is no longer available, to honor the order confirmed by the user.
2.3 If one of the products ordered is unavailable, the user shall be informed of that and will have the possibility to either change or cancel his order. In the latter case, he shall be reimbursed the amount of his order even if he had already carried out the payment.
2.4 Photographs, texts, and other descriptive elements that illustrate the products do not enter into the framework of this agreement. If the photographs and/or texts were in any way erroneous, the merchant cannot be held responsible for that. The merchant agrees to correct any errors or omissions that may appear on the website as soon as possible after having been informed of them.
Article 3. Purchase price and shipping fees
3.1 Purchase price of the product
3.1.1 The price of each product (hereafter "purchase price") is indicated on the website in euros including VAT. This price does not include shipping and handling fees, which are also the responsibility of the user, nor any deductions from discounts or purchase vouchers personally accorded to the user.
3.1.2 The merchant reserves the right to change his prices at any time. The products will be billed at the purchase price applicable at the time the order is confirmed by the user, subject to availability (cf. Art. 2).
3.2 Shipping fees
3.2.1. When the user places an order, he agrees to pay, in addition to the purchase price of the order products, the shipping fees (hereafter "fees") relating to those products. These fees vary depending on the type and quantity of the products ordered and the destination. They are to be understood as including VAT.
3.2.2. The user can consult the amount of these fees on the website by clicking on the "shopping basket" where a calculation of the total amount of the order, corresponding to the purchase price of the products plus the fees, is displayed. The merchant reserves the right to change the amount of the fees at any time. The fees will be billed based on the rates applicable at the time the order is confirmed by the user, subject to availability (cf. Art. 2).
3.2.3. These fees remain due and will not be reimbursed if the user returns either all or part of his order by virtue of his right to cancel in accordance with article 7.
Article 4. Order terms
4.1 The merchant cannot be held responsible for the consequences if the user communicates erroneous information at the time of his order.
4.2 The user, by clicking on the "Order & Pay" button, confirms his order and agrees to pay the entire total amount due: the purchase price, plus the fees, minus any purchase vouchers.
4.3 In accordance with the measures in the law of 9 July, 2001, establishing certain rules regarding electronic signatures and safety certification services, we would remind you that confirming the purchase order is an electronic signature which has the same value as a written signature between the parties and is proof of the entire order and the payability of the due amounts with the execution of the order.
4.4 The merchant confirms every order by sending an e-mail to the user within 24 working hours (Monday through Friday) of the order at the address indicated by the user when he joined (hereafter "order confirmation"). This order confirmation will include, in particular, the order date, the product ordered, its purchase price plus fees, as well as the shipping address and terms.
4.5. The computerized registers, kept in the computer systems of the merchant and his partners under reasonable security conditions, will be considered valid proof of communication, orders, and payments that have transpired between the parties.
4.6 The merchant reserves the right to refuse or cancel any order or shipment in the case of:
- existing litigation with the user
- total or partial non-payment of a previous order
- payment authorization refused by the bank
In that case, the merchant cannot, in any case, be held responsible.
4.7 The merchant reserves the right to refuse orders for reasons other than the aforementioned ones, as well as the right to establish special conditions for the order.
In that case, the merchant shall notify the user by e-mail within the 30 days following the confirmation of his order.
4.8 After the shipping of the product(s), the user can no longer cancel the order but may exercise his right to cancel, in accordance with the conditions described in article 7.
Article 5 Terms of payment
5.1 Purchases can be paid by credit card, such as a Visa or MasterCard, by Mister Cash, Belfius Direct Net, KBC/CBC Payement Button or by bank transfer. When the order is confirmed, the user shall indicate the name as it appears on his credit card, his credit card number, its expiration date, and the card security code. Certain issuing banks may require an additional signature such as a digipass. The validity of the payment is confirmed or not after verification from the issuing bank. If the payment is confirmed, the debit will occur after the order is billed according to the terms agreed upon with the bank that issued the card.
5.2 If the customer makes a bank wire transfer, he/she is committed to send the total amount of his/her order, including charges, within 48 hours. The seller reserves the right to cancel an order if the bank wire transfer has not been made within this period of time. The transfer must include the following references: Name: Helo-ID bvba Webshop. Blijde Inkomst 8, B-2970 Schilde, Bank: KBC Account Number: IBAN BE88 7370 4864 5341, BIC KREDBEBB.
5.3 The merchant will not accept any payment in excess of five hundred (500) euros per order.
5.4 The product(s) ordered remain the property of the merchant until the full payment of the purchase price plus the fees indicated at the time of ordering.
Article 6 Shipping
6.1 Shipping is carried out by the merchant worldwilde.
6.2 The order will be shipped to the home address or other address provided by the user. Orders are shipped by post in Belgium and post International for the other countries.
6.3 For shipment in Belgium, the merchant will do everything in his power to ensure that the order is shipped to the delivery address within 7 working days following the order confirmation and the reception of the payment.
6.4 For shipments outside of Belgium, the merchant will do everything in his power to ensure that the order is delivered within 20 working days following the order confirmation. The shipping terms will be determined by the postal service of the concerned country.
6.5 The indicated lead time is for informational purposes only. Not respecting the lead time will not entitle the user to any right to damages.
6.6 The transfer of risks to the user occurs at the time when the ordered products are placed at the disposal of the delivery agent. The merchant does not use proof of sending or system of control of follow-up of the mail. The sending by registered mail is proposed to the customers after the choice of the method of payment. These additional fees for the registered mail (6€) shall be born by the customer. Beyond 20 collections, the sending by registered mail is included in the price of sending.
6.7 It is up to the user to check the shipments upon reception and to formulate any reservations or complaints which seem justified, or even to refuse the package if it is apparent that it was opened or if it carries obvious marks of deterioration. Those reservations and complaints relating to the delivery of the products must be directly addressed to the merchant by registered mail with acknowledgment of receipt within three working days following the delivery of the product(s).
Article 7. Right to cancel and return terms
7.1 If the user is not satisfied with the product(s) bought on the website, he has fifteen (15) calendar days from the day following the day of delivery - the postmark date shall be considered proof - to renounce his purchase without penalty and without indicating his reasons, in accordance with the law of 14 July, 1991, regarding business practices and information and consumer protection.. Within that time frame, the user must notify the merchant of his intent to exercise his right to cancel by sending an e-mail to the following address: email@example.com
If this deadline is not respected, the user shall be deprived of his right to cancel and must proceed with the payment of his order.
7.2 All returns to the merchant shall be sent to the following address, unless the user receives other instructions, by any transportation means at the choice of the user who must keep the proof of shipment.
Blijde Inkomst 8
7.3 The fees and risks relating to the return shipment shall be borne by the user.
7.4 If the user exercises his right to cancel and returns the products within 14 days following the delivery and in accordance with the terms agreed upon in the preceding paragraphs, the merchant agrees to reimburse the user the amount of the purchase price, even though it was already paid, within the thirty (30) days from when the merchant received the product(s) at the latest.
7.5 The shipping fees remain due even in the ordered product(s) are returned and/or exchanged.
7.6 If the returned products are reimbursed, the merchant shall credit the credit card used for the payment of those products with an amount equivalent to their purchase price and not including the shipping fees or the amount of the purchase vouchers or discounts used at the time of the order. The reimbursement of the user shall be carried out in accordance with the terms agreed upon with the bank that issued the card.
7.7 The user cannot exercise his right to cancel and/or exchange if the delivered product(s) has (have) been the object of extended use (more than a few minutes), was (were) damaged, or is (are) missing pieces.
7.8 The product(s) must absolutely be returned properly protected in its (their) original packaging in perfect condition for resale (not damaged or dirtied by the customer to the aforementioned address accompanied by the original copy of order confirmation. If that is not the case, they cannot be returned or exchanged.
7.9 Product(s) for which no included element identifies the sender (order no., last name, first name, address) also cannot be returned or exchanged. Product(s) that have be shipped back but cannot be accepted as returns by the merchant shall be held at the disposal of the user at the merchant's premises. The user must pay the corresponding price. In the case of abnormal or excessive returns, the merchant reserves the right to refuse a future order.
Article 8 Statutory warranty
8.1 The user benefits from the statutory warranty in articles 1649bis and according to the Civil Code with regard to any lack of conformity existing at the time of delivery of his product(s) if he was not aware of it or was not expected to be aware of it at the time the contract was concluded. In that case, the user can demand the replacement of the concerned product(s) without fees within a reasonable time frame and while similar products remain in stock.
8.2 The user cannot, however, demand that the contract be terminated in the case of a minor lack of conformity. Any wear and tear resulting from the the user's use of the product(s) since the delivery shall also be taken into account.
8.3 This warranty does not apply to:
- normal wear and tear of the product
- any faults or damage caused by the user
8.4 The merchant cannot be held responsible for the dysfunction, the degradation and the inaccuracy of the tester Free Style Libre further to the use of a sticker bought on the site www.heloui.com
Article 9 Privacy protection with regard to the processing of personal data
9.1 The merchant shall respect the provisions of the law of 8 December, 1992, regarding privacy protection with regard to the processing of personal data.
9.2 The merchant shall not disclose any personal data collected on the website to a third party. Those data shall only be used by internal departments to process orders, a task which may, however, be outsourced, or in order to reinforce and personalize communication, in particular with regard to informative letters / e-mails, as well as in the framework of personalizing the website with regard to user preferences that have been observed.
9.3 The merchant shall not, therefore, sell, market, or rent information concerning his users to a third party. If a third party receives or uses personal data, the merchant shall first inform the user in order to allow him to exercise his right to to object.
9.4 This article cannot, however, prevent the sale or transfer of activities to a third party.
9.5 In accordance with the law of 8 December, 1992, regarding privacy protection with regard to the processing of personal data, the user can exercise his right to access the file as well as his right to rectify information concerning him by sending an e-mail to the merchant at the following address: firstname.lastname@example.org
9.7 Certain pages of the website may sometimes include digital images or "web counters" that count the number of visitors to those pages. Those web counters can be used with some of the merchant's partners, in particular in order to measure and improve the effectiveness of certain actions. The information obtained via these web counters is simply used to collect statistics regarding the activity of certain of the website's pages in order to better serve the website's users.
Article 10 Communication via e-mail and mail
10.1 The user agrees that the merchant can send him e-mail and mail, in particular for advertising, informative, and other purposes.
10.2 If the user wishes to not/no longer receive e-mail and mail from the merchant, he can send an e-mail to the merchant at the following address: email@example.com
Article 11 Merchant's responsibility
11.1 The merchant only contracts due care for all stages of access to the website, the order process, shipping, and subsequent services.
11.2 The merchant cannot be held responsible for any inconveniences or damages inherent to the use of the website such as a break in service, an intrusion from outside, the presence of computer viruses, or any other inconvenience.
11.3 In all eventualities, the responsibility of the merchant under the terms of these general conditions cannot exceed an amount equal to the amounts paid or payable at the time of the transaction at which time the responsibility in question originated.
Article 12 Intellectual property
12.1 All of the elements on the website, both visual and audio, including the underlying technology, are the exclusive property of the merchant.
12.2 If a user has a personal website and wishes to place a simple link on it that links directly to the merchant's website, he must ask for authorization from the merchant. In that case, this does not form an implicit affiliation agreement. Any hypertext link to the website that uses framing, in-line, or deep linking techniques is strictly prohibited. In any case, any link, even those tacitly authorized, shall be removed upon request by the merchant.
Article 13 Disputes
13.1 The contractual relationships linking the parties are subject to Belgian law.
13.2 In the case of a dispute, an amicable solution shall be sought before any legal action. In the absence of an amicable agreement, the courts of the legal arrondissement of Antwerp shall be the only courts competent of a dispute between the parties.
Article 14 Nullity and scope
14.1 If one or more of the clauses of these general conditions is (are) held for null or declared as such through the application of a law or regulation, or following a final decision of a competent jurisdiction, the other clauses shall remain in force.
14.2 These general conditions and the order summary sent to the user form a contractual set and are all of the contractual relationships between the parties.
Article 15 Modification
15.1 The merchant reserves the right to modify these general conditions and shall communicate the new version to users via the website.
15.2 The conditions published on the website at the time when the order is confirmed are the only applicable conditions. The user can print out these conditions before or during his order.
B. Privacy Charter
Our website Heloui.com places great importance in protecting personal data.
We only collect, process and use personal data necessary for the economically rational and relevant use of our services.
This is why we highly respect the Belgian law of 8 December 1992 relating to personal data and privacy protection and regulation 2016/679 relating to the protection of natural persons with regard to personal data protection and the free circulation of data (hereafter the Regulation).
1 - Consent
The User acknowledges having familiarised him/herself with the information below and authorises Heloui.com to process, in accordance with what is specified below, the personal data that he/she communicates on the Website in the framework of the service proposed by Heloui.com.
By means of information to the Users, Heloui.com can be called on to modify and adapt the Charter, notably in order to comply with any new legislation and/or regulation applicable (like the adoption of the new European regulation on personal data processing - Regulation 2016/679 of the European Parliament and the Council of the 27 April 2016 relating to the protection of natural persons with regard to personal data processing and the free circulation of these data of the 14 April 2016, and applicable from the 25 May 2018), the recommendations of the Privacy Commission in Belgium, the guiding principles, recommendations and good practices of the European Committee for data protection and the decisions of the courts and tribunals in the matter.
2 - Who processes your personal data?
Access to the Website is made in principle without having to provide personal data such as surname, first name, postal address, email address, etc.
However, in the framework of the Service, the User can be called on to pass on certain personal data.
2.1. The processing manager
The processing manager is the natural person or legal entity that determines the purposes and the technical and legal means of the personal data processing.
Concerning the heloui.be website, the company HELOUI, HELO-ID, whose registered office is situated in Blijde Inkomst 8, 2970 Gravenwezel, Belgium, BCE: 688.879.624 (hereafter "HELOUI") is appointed as data processing manager.
HELOUI accepts to take all technical and organisational measures necessary to guarantee a safe processing of your personal data in accordance with the legal obligations of the Privacy Law and the Regulation.
HELOUI also accepts to process and keep your data in a proportionate way with regard the purposes for which you communicate them to us.
2.2. The subcontractor
The subcontractor is any natural person or legal entity that processes personal data at the request and on behalf of the processing manager.
HELOUI carefully chooses its subcontractors. Each subcontractor must offer sufficient guarantees as to the technical and organisational safety measures surrounding the data processing.
2.3. Responsibility of the processing manager
HELOUI cannot be held responsible for the loss, corruption of data or identity theft that have notably been caused by viruses or Trojan horses, SQL injunctions or any other attack against the computer systems or cloud portals.
3 - What personal data are collected and how?
HELOUI collects the personal data of its Website Users with the sole aim of providing them with an optimum, personalised and totally secure user experience.
The collection of personal data will be greater when the User places an online order.
Moreover, HELOUI can collect additional data during a subsequent filling of the order, for example during communications between the User and HELOUI.
HELOUI also collects information about the User by using different technical means on the Website and in view of recognising the User and offering him/her a personalised experience, and in view of detecting and correcting potential errors found on the Website.
The information collected via these technical means is information relating to logging on (IP address, geographical consultation area, day and time of use, pages visited, and services used), information relating to the appliance used (hardware, software and network) and information relating to the local storage.
With the aim of facilitating browsing on the Website as well as optimising the technical management, the Website may use "cookies".
A "cookie" is a small file containing information saved by a website on the User's computer or an application on his/her Smartphone.
This "cookie" may be retrieved during a subsequent visit to the same website. The "cookie" cannot be read by any other website than the one that created it.
The Website uses "cookies" for the purposes of the proper administration of the Website notably to register the User's browsing preferences, or to obtain information relating to the pages visited and the dates and times of the visit.
Most "cookies" only work for the duration of a session or visit.
It is also possible for the User to configure his/her browser to receive notification when each "cookie" is being created or to prevent them being recorded individually or not.
The disabling of cookies could however prevent access to certain parts of the Website or make accessing it more difficult.
Subject to the User's prior consent, the Website may also enable the use of third party cookies, including those described below among others:
- Facebook, Twitter, Google +
HELOUI uses the social modules of the social network suppliers Facebook, Twitter and Google + on its Website.
These social modules establish a direct connection to the social network's server via the User's browser.
The supplier of the social network on which the User has clicked receives the information that the User has visited the Website.
If the User is registered and identified on the social network concerned, the supplier can make a correlation between the User's profile and the Website visited.
The network supplier can then establish future interactions.
If the User is not registered with the social network, the supplier can store the User's IP address.
To avoid the transfer of these data to the supplier of the social network, the User must not click on the button corresponding to the social network.
- Google analytics
The Website also uses Google analytics.
This service, offered by Google, analyses the Website's activity. To this end, Google collects information linked to web traffic and the number of visitors.
This tool allows HELOUI to measure the Website's performances regarding browsing and to group together activity reports and other services.
HELOUI also collects a certain number of anonymous data in order to have an overview of the Users' browsing on the Website for statistical purposes.
We never keep your personal data for longer than necessary.
We keep a trace of your personal data as long as your account is active, or when your personal data are necessary to offer you a particular service.
Personal data shall not be used for the purposes of direct marketing for products or services other than those to which the User has already subscribed, unless the User has explicitly agreed to this beforehand by ticking the boxes provided for this purpose ("opt-in").
When the User has given his/her agreement for the use of this information for the purpose of direct marketing, he/she reserves the right to oppose at any time, on request and for free, such a use. The User just needs to unsubscribe with the help of the corresponding link in each newsletter, by ticking the box of the Website provided for this purpose on each User account or to communicate his/her request free of any ambiguity to the following address firstname.lastname@example.org .
The User shall answer, in any case, for the truthfulness of the data supplied and undertakes to inform HELOUI of any change in these data.
4 - What are the ultimate aims of the collection and processing of your personal data?
The processing of your personal data is thus essential for the correct working of the Website and the supply of associated services.
HELOUI undertakes to process your personal data exclusively for the following internal purposes:
" To allow the User to place an order in our online boutique;
" To offer the User a generalised and personalised service;
" The delivery and improvement of the products delivered;
" The providing of support in the event of questions or remarks;
" The follow-up of complaints concerning the working of the Website and the supply of services;
" Contractual relationship management;
" Protection against fraud, criminal behaviour and/or any other behaviour contrary to our General Terms;
" The analysis of the Users' opinions concerning the Website as well as related services;
" The sending out of sales offers if you, the User, have expressly accepted to receive such offers.
By supplying his/her personal data to HELOUI, the User has control over these. If some information proves to be false or incomplete, HELOUI reserves the right to refuse, temporarily or definitively, certain planned operations.
5 - Who receives your personal data?
Your personal data are firstly intended to be used exclusively for the internal purposes of HELOUI.
Furthermore, HELOUI has taken all technical and organisational measures possible to avoid any unlawful access or use of your personal data.
Your personal data may only be forwarded to third parties situated in the European Union in the following cases:
" You have given your explicit consent;
" The transfer is necessary to perform a contract to which you are a party.
" The disclosure of data to employees, colleagues, agents, subcontractors, suppliers, trading partners, marketing services etc. falls under this category;
" The transfer is necessary for HELOUI to respect a legal obligation;
" The transfer is necessary to protect your vital interests or those of another natural person;
" The transfer is necessary for the realisation of the legitimate interests of HELOUI.
HELOUI only transfers data to a country that is not a member of the European Economic Area when this country assures an adequate level of protection in the meaning of the law of the 8 December 1992 relating to privacy protection, or within the limits allowed by this same law, for example by assuring the protection of data by adapted contractual provisions.
6 - What are your rights?
6.1. Guarantee of a loyal, lawful processing of your personal data
HELOUI guarantees a loyal and lawful processing of your personal data.
Your personal data are always processed in accordance with the legitimate purposes explained in point 4.
The personal data processed are always appropriate, relevant and not excessive, and are not kept for longer than necessary to offer you a specific service.
Furthermore, the risk of an unauthorised processing of your data is reduced to a minimum.
In the event of a security breach in its computer system, HELOUI shall immediately inform the Users and take all necessary and reasonable measures to limit the damage as much as possible.
6.2. Right to access, rectify and delete your personal data
You are entitled to ask HELOUI for confirmation of the processing of your personal data at any time.
You can also ask to have access to the information on the processing of your data.
You are also entitled to know the purposes of the processing, the categories of data concerned, the categories of recipients to whom the data are forwarded, the criteria used to determine the retention period of the data, and the rights you have.
The exercising of your right to access is available upon request by sending an email to HELOUI (email@example.com)
Inaccurate or incomplete data can be corrected or deleted at any time.
The User can also make this request to HELOUI by email (firstname.lastname@example.org).
As the deletion of the data is mainly linked to visibility, it is possible that the deleted data are temporarily retained in spite of this.
Moreover, you are entitled to obtain the deletion of your personal data, without unreasonable delay by us, in the cases determined in the Regulation.
The exercising of this right is available upon request by sending an email to HELOUI (email@example.com).
6.3. Right to limit the processing of your personal data
Furthermore, you are entitled to obtain the limitation of the processing of your personal data in the cases determined in the Regulation.
The exercising of this right is available upon request by sending an email to HELOUI (firstname.lastname@example.org).
6.4. Right to oppose the processing of your personal data
You are entitled to oppose at any time the processing of your personal data when there are pressing and legitimate reasons relating to your situation.
HELOUI shall stop processing your personal data unless it manages to show that there are legitimate and pressing reasons in favour of the processing that prevail over your right to oppose.
The exercising of your right to oppose is available upon request by sending an email to HELOUI (email@example.com).
6.5. Right to data portability
You are entitled to receive from HELOUI the personal data you have supplied it in a structured, currently used and machine legible format.
You are also entitled to transfer these data to another processing manager.
The exercising of this right is available upon request by sending an email to HELOUI (firstname.lastname@example.org).
6.6. Right to withdrawal of consent and right to file a complaint
You are entitled to withdraw your consent to the collection and processing of your personal data at any time.
You are also entitled to file a complaint concerning the processing of your personal data by HELOUI with the competent organisation for privacy protection in your country (in Belgium, the Privacy Protection Commission).
The exercising of your right to withdraw your consent is available upon request by sending an email to HELOUI (email@example.com).
7 - For how long do we process your personal data?
We keep your data throughout the contractual relationship that links us to you.
At the end of this relationship, we continue to keep your data for the prescription period, namely the period during which our responsibility can be incurred for the performance of this relationship.
This period is in principle ten years.
We process the data of prospective customers for as long as they do not mention that they wish to unsubscribe or that their data can no longer be used for the purposes of direct marketing.
8 - Note concerning minors
Persons under the age of 18 and persons who do not have full legal capacity are not authorised to communicate their personal data to HELOUI.
9 - Governing law and competent courts
9.1 The Charter is subject to Belgian law, insofar as allowed by the applicable rules of private international law.
9.2 In the event of a dispute relating to the validity, application, interpretation or performance of the Charter, the courts of the legal district of Brussels (Belgium) have exclusive jurisdiction, insofar as allowed by the applicable rules of private international law.
9.3 Before undertaking any action aimed at the legal resolution of a dispute, the Client undertakes to attempt to resolve this amicably by directly contacting HELOUI, if applicable by means of mediation, before turning to arbitration, litigation or any other means of dispute resolution.