Terms and conditions of sale

1. Purpose

The purpose of the present general terms and conditions are, on the one hand, to inform any potential private non-commercial individual purchaser of the terms and conditions by which Heelio Fine Art Prints undertakes the sale and delivery of products bought and, on the other hand, to define the rights and obligations of the parties within the framework of the sale of products by the Vendor and Purchaser.

These present general terms and conditions refer exclusively to purchases made by natural non-trading persons with a physical address, a regularly used email address and delivery address, of all of the products shown on the Heelio Fine Art Prints fineartprints.heel.io website.

For the deliveries made by Post, outside of countries from European Union, the packages come with custom form CN23. This form is required for all custom clearance and custom controls. 

It is the responsibility of every Purchaser to be aware, prior to validating its order on the Heelio Fine Art Prints website, of all the legislative and regulatory norms applicable to the products subject of its order, notably but not exclusively, with regard to the customs and to safety, and to verify the possibility to import or to use the products in light of these regulations.

The Purchaser prior to its order, states that:

• the purchase of products on the Heelio Fine Art Prints fineartprints.heel.io website has no direct relation with its professional activity and is for its personal use only, unless explicit agreement;
• it is legally entitled to agree to the present general terms and conditions.

These terms and conditions override any other terms and conditions, notably general terms and conditions of sale, deemed unwritten, unless specifically and formally provided for by Heelio Fine Art Prints.

Taking into account possible changes in its website, Heelio Fine Art Prints reserves the right to change the present general terms and conditions from time to time. These new general terms and conditions will only be applicable to purchases made subsequent to these modifications.

2. Heelio Fine Art Prints details

Name: Heelio Fine Art Prints
Address: Tourcoing, FRANCE
SIRET: 888 962 800 00023
APE: 6201Z
RM: 888 962 800 RM 59
APRM: 7420ZQ
VAT not applicable according to article 293 B of the French General Tax Code

3. Website Access

The Purchaser will make it its business to set-up adequate IT and telecommunication means to access the Heelio Fine Art Prints website.

The Purchaser will bear all telecommunication charges for the access and use of the fineartprints.heel.io website.

4. Contract and Orders

4.1. Prices

The sale prices of the products offered on the Heelio Fine Art Prints website, indicated in euros (€), are those in force on the date the Purchaser places its order. They include any possible price reductions or discounts agreed as special offers.

The purchase price does not include delivery charges, invoiced in addition to the price of the products purchased in relation to the amount of the order.

Heelio Fine Art Prints reserves the right to change the purchase price of the products at any moment. The Purchaser will be informed of this change before any validation of its order.

4.2. Product specifications

Pursuant to article L. 111-1 of French Consumer Law, the Purchaser can, prior to its order, consult the main specifications of the product(s) it wishes to order on the fineartprints.heel.io website.

The Purchaser chooses one or more products among the different categories offered on the fineartprints.heel.io website.

The Heelio Fine Art Prints promotional offers are limited to available stocks.

Heelio Fine Art Prints reserves the right to change the mix of its products if some constraints require it. The photographs, graphics and descriptions of the products on offer are not contractual and in no way bind Heelio Fine Art Prints.

4.3. Orders

Any order presupposes agreement, without limitation and unreservedly, to the present general terms and conditions.

From the moment the Purchaser has validated its order by clicking on the “Order” button, it acknowledges fully accepting, and unreservedly, the present general terms and conditions as well as the prices, volumes, colours, weights and quantities of the products it has ordered.

Steps in the ordering process:

1. put the products into the basket,
2. access an account (existing or new),
3. choice of delivery address,
4. choice of means of payment (if several),
5. validation of the order after ticking “I agree to the terms and conditions of sale”.

By clicking on the “Order” button together with the identification procedure and the total protection of the messages is equivalent to an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.

The purchase will only be considered as final when Heelio Fine Art Prints sends confirmation of the order by email to the Purchaser. Once the confirmation has been sent, it can only be called into question in the cases enumerated in article 8 of the present general terms and conditions of sale.

Any fraudulent order or order suspected as such will be considered as null and void by Heelio Fine Art Prints.

Heelio Fine Art Prints advises the Purchaser to keep this information in a paper or electronic form.

5. Payment

The Purchaser settles payment on order.

All orders are payable in euros (€).

To settle the order, the Purchaser can avail itself of the following methods of payment: credit card, Apple Pay, Google Pay.

The Purchaser guarantees Heelio Fine Art Prints that it has the eventual necessary authorisation to use the method of payment chosen, when the order is validated.

Any order settled by cheque or money order will only be processed once the payment has been received.

At no time can the monies advanced be considered as deposits or instalments.

Heelio Fine Art Prints reserves the right to suspend or cancel any order and/or delivery, of whatever nature and at whatever point in the process, in case of non-payment of any sum due by the Purchaser or in the case of a payment issue.

Late payment penalties of an amount equal to the interest rate applied by the European Central Bank to its latest refinancing plan, increased by TEN (10) points, are applicable by full right to amounts remaining unpaid after a TEN (10) day period following the date of invoice.

Deliveries of any new orders could be suspended in the case of late payment of a previous order and this notwithstanding the provisions of the present.

Heelio Fine Art Prints reserves the right to request proof of residence, a photocopy of an identity card and/or a bank card (first side only) from the Purchaser for all payments.

Within the framework of the fight against Internet fraud, information concerning the Purchaser’s order could be communicated to any third party for verification.

6. Choice of products

The Purchaser being fully aware of the products commercialised by Heelio Fine Art Prints and of their specifications, takes sole responsibility in relation to its needs as it has previously determined before any order, for the choice of the product(s) subject of its order. Moreover, the Purchaser alone being aware of the products it has and uses, is sole judge of the compatibility of the products ordered with those it uses.

It is for the Purchaser alone to decide, if it considers itself insufficiently knowledgeable, to ask for advice.

7. Delivery and reception

7.1. General remarks

The products ordered are handed directly to the Purchaser, or to a shipper or transport company responsible for their delivery. The products will be delivered to the address given by the Purchaser on the order form.

By default, invoices will be sent to the email address the Purchaser gave when it registered. If the below procedure is not respected, Purchaser claims will not be accepted.

7.2. Delivery

The Purchaser is delivered at its residence by carrier or its postal service. 

Heelio Fine Art Prints cannot be held responsible for any delivery errors. In this case, any additional cost to send the products to another address will be borne by the Purchaser.

7.3 Delivery time

In accordance with the provisions of article L. 121-20-3 of French Consumer Law, the products ordered will be delivered within a THIRTY (30) day period from the day following the date the Purchaser validated their order and subject to payment of the price, or, where payment is by cheque or money order, from the day after Heelio Fine Art Prints receives the means of payment.

Except for delays brought on by mistakes or transport company or carrier hold-ups, the Purchaser can, should the delivery not be made within the 30 day period, cancel its order or exchange the products ordered, with the exception of foodstuff, by other products offered on the Heelio Fine Art Prints fineartprints.heel.io website in accordance with the methods detailed in 8 below. In the case of repayment, the sums paid by the Purchaser will be returned without delay, except for any compensation and notably any damages.

Where there is a delivery delay with regard the period stipulated above, the Purchaser must inform Heelio Fine Art Prints in writing (letter, fax, e-mail) to enable them to improve the service offered and to investigate the reasons for the delay and possibly proceed with a claim for damages.

A transport company or carrier investigation can take up to TWENTY ONE (21) working days. If the product is found during this period, it will be immediately sent to the delivery address on the delivery note.

On the other hand, if the product is not found at the expiration of this TWENTY ONE (21) day period, Heelio Fine Art Prints will send the Purchaser a new order at their expense.

Where a delivery takes place outside metropolitan France, Heelio Fine Art Prints cannot be held responsible for any delay, import issues or seizure of products ordered by the customs of the Purchaser’s country of residence based on non-compliance of the said product with the specific norms of the country of delivery.

8. Cancelling and returns of products

8.1 You may be able to cancel or amend your order prior to us commencing production of your goods and receive a refund.

Please contact us as soon as possible to determine whether you are able to cancel or amend your order. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

8.2 However, unless agreed by us, the cancellation right in clause 8.1 does not apply in the case of:

8.2.1 where good have commenced production; and

8.2.2 bespoke goods or made to measure/order goods.

8.3 Cancelling your order because of something we have done or are going to do

If you are seeking to cancel your order for a reason set out at Clause 8.3.1 to 8.3.4 below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:

8.3.1 we have told you about an upcoming change to the goods or these terms which you do not agree to;

8.3.2 we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;

8.3.3 there is a risk that supply of the goods may be significantly delayed because of events outside our control; or

8.3.4 you have a legal right to end the contract because of something we have done wrong.

8.4 When we will pay the costs of return

We will pay the costs of return:

8.4.1 if the goods are faulty or misdescribed; or

8.4.2 if you are cancelling your order because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances you must pay the costs of return.

8.5 We are not responsible for delays outside our control

If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. For instance, where there may be a delay in receiving the goods or parts of the goods from an overseas supplier. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.

9. Right of withdrawal

Each print being printed on demand and in personalized dimensions, the products are not subject to the right of withdrawal, according to article L. 221-28 of French Consumer Law. By placing an order you agree to waive your right of withdrawal.

10. Ownership rights

HEELIO REMAINS FULL AND COMPLETE OWNER OF THE PRODUCTS SOLD UNTIL THE PRICE, DELIVERY CHARGES AND TAXES HAVE BEEN CREDITED TO THEM.

HOWEVER, THE PURCHASER IS RESPONSIBLE FOR THE PRODUCTS AS SOON AS THEY ARE PHYSICALLY DELIVERED, THE TRANSFER OF OWNERSHIP ENTAILING THAT OF RISK.

11. Responsibility

Heelio Fine Art Prints cannot be held responsible for failure to complete the contract should there be a shortage in stock or non-availability of the product due to force majeure, disturbances or partial or total strikes notably in the postal services and transport companies and/or communications, which have the effect of suspending their contractual obligations. In this case Heelio Fine Art Prints will inform the Purchaser by e-mail or any other means of the impossibility to deliver and the predictions regarding the resumption of the service. Moreover, Heelio Fine Art Prints cannot be held responsible for any indirect damages of whatever nature caused by the purchase of its products. Heelio Fine Art Prints cannot be held responsible for the loss of any data. It is the Purchaser’s responsibility to undertake all necessary file saving.

Heelio Fine Art Prints cannot be held responsible for any damage due to improper use of a product. 

The fineartprints.heel.io website also contains information from third parties and links to other websites. Heelio Fine Art Prints cannot be held responsible for any damages resulting from the use, access to, or inability to use this third party information, nor the content of other websites.

When it lives outside France, the Purchaser is considered as being fully aware of all the specific norms of its country of residence regarding the subject of its order, notably customs and safety. For this reason, Heelio Fine Art Prints cannot be held responsible should the Purchaser order products which do not comply with one or several norms. Likewise, Heelio Fine Art Prints cannot be held responsible in any way for delays in delivery, import difficulties or seizure of products ordered at the frontier of the Purchaser’s country of residence, due to product non-compliance with specific regulations in the country of delivery.

12. Our warranty for goods

12.1 Your rights in respect of defective goods

We warrant that on delivery any goods which are goods shall:

12.1.1 conform in all material respects with their description and any relevant specification in the Order Form;

12.1.2 be free from material defects in design, material and workmanship;

12.1.3 be of satisfactory quality; and

12.1.4 be fit for any purpose held out by us.

12.2 No liability for the goods failure to comply with warranty

We will not be liable for the goods failure to comply with the warranty in clause 12.1 if:

12.2.1 you make any further use of such goods after giving us notice of a defect;

12.2.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

12.2.3 the defect arises as a result of us following any specification in the Order Form supplied by you;

12.2.4 you alter or repair the product without our written consent; or

12.2.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal conditions of use, maintenance or storage.

We will not provide a refund or replacement in respect of any matter that arises under this clause.

13. Refund/replacement of goods

13.1 Refunds

If the following occurs, we’ll offer a full refund or redeliver replacement goods the next working day:

13.1.1 the goods are damaged (not as a result of clause 12.2); or

13.1.2 the goods do not conform with the warranty in clause 12.1;

13.2 Evidence to support return

Any claims for a refund as per clause 13.1 must be supported by the return of the damaged product and a valid receipt.

13.3 Your rights if there is a defect

If a product has a defect or other issue which is our responsibility, we shall request return of the product (if possible) and if we accept responsibility we shall, at our discretion:

13.3.1 repair the defect and redeliver to you at no additional cost to you; or

13.3.2 cancel the order and refund you in full.

If the order is redelivered to you, you shall not be charged for any additional costs for redelivery.

13.4 Changes due to changes in law

We reserve the right to amend the specification in the Order Form for the goods if required by any applicable statutory or regulatory requirement.

13.5 What we charge for collection

If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

13.6 How we will refund you

If you are entitled to a refund under these terms we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

13.7 When your refund will be made

We will make any refunds due to you as soon as possible.

13.8 Terms applicable to replacement terms

These terms shall apply to any replacement goods supplied by us under clause 12.2.

14. Partial non-validity

If one or more of the stipulations of the present general terms and conditions are considered as invalid or declared as such as a result of the implementation of a law, regulation or following a final judgement of a competent jurisdiction the other stipulations maintain their scope and force.

15. Non-withdrawal

The fact that one of the parties does not prevail itself of a breach vis-à-vis the other party regarding any of the obligations mentioned in the present general terms and conditions cannot be seen in the future as the release of the obligation in question.

16. Confidentiality and “Data Protection Act”

The information collected by Heelio Fine Art Prints when the Purchaser places an order is needed by Heelio Fine Art Prints to manage the order. In accordance with the “Data Protection Act” n° 78-17 of January 6 1978, the Purchaser has a right of access, modification, opposition and suppression of their data held by Heelio Fine Art Prints.

Heelio Fine Art Prints binds itself not to communicate this information to other organisations or companies without prior permission from the Purchaser.

The Purchaser could receive commercial offers, or be informed of Heelio Fine Art Prints promotional offers. If the Purchaser does not wish to receive these offers, they can inform Heelio Fine Art Prints by letter or by email.

17. Applicable law

Any question with a bearing on the present general terms and conditions as well as the sales they govern, which are not covered by the present contractual stipulations, will be settled by French law except for any other right, and as suppletory to the Vienna Convention on the international sale of goods.

18. Governing law

For the enforcement of the present, Heelio Fine Art Prints elects domicile in its head office as stated in article 2 of the present.

Any litigation regarding the enforcement of the present general terms and conditions as well as their interpretation, execution and sales contracts finalised with Heelio Fine Art Prints, or any payment of the price, will fall within the competence of the Tribunal de commerce de Lille (59) from wherever the order, delivery or payment was made and whatever the method of payment, even if there should be an introduction of third parties or plurality of defendants.

Bills of exchange neither substitute nor depart from this clause of jurisdiction.

The power of jurisdiction falling to the Tribunal de commerce de Lille (59) is general and applies, whether it is a leading question, a point of law, a main action or an injunction order.

Moreover, where legal proceedings or any other action to collect a debt are instituted by Heelio Fine Art Prints, the summons and legal fees, fees for lawyers and bailiffs and all additional costs will be borne by the Purchaser who has not fulfilled its obligations, as well as those fees linked or resulting from the non-respect of the terms and condition of payment or delivery of the order in question by the Purchaser.