Preamble
1 - The website www.holoelectron.com is published by the company HOLO ELECTRON, S.A.R.L whose head office is located in Tremblay en France (93290), ZA Charles de Gaulle, 44 Rue Henri Farman, registered under the unique identification number R.C.S. Bobigny, code APE 331A ("Holo Electron").
Holo Electron is the author of the offer for sale of the products presented on its website.
2 - The present General Conditions of Sale apply between Holo Electron and the Client of the Website
The General Sales Conditions, as well as the order form and the order confirmation constitute the sales contract between the Client and Holo Electron relating to the sale of the ordered Products.
Any order placed on the Website requires that the Customer accepts the General Terms and Conditions of Sale in their entirety beforehand and without reservation. In case of disagreement with the terms and conditions of the General Terms and Conditions of Sale, the Customer must not use the Website.
Holo Electron reserves the right to adapt or modify these General Terms and Conditions of Sale at any time and without prior notice, the adaptations or modifications being then applicable to all orders subsequent to these adaptations or modifications.
In the event of a change, the General Terms and Conditions of Sale applicable to the Customer's order shall be those that were online and that the Customer accepted on the day the Order was placed.
3 - For any information concerning the execution of an Order or several Orders, or the processing of a claim, the Client should contact the Client Service:
- By telephone: 0148617780 Monday to Friday, 9am to 12pm and 2pm to 5pm
- By post to the following address ZA Charles de Gaulle 44 Rue Henri Farman 93290 Tremblay-en-france
- By email : info@holoelectron.com
Article 1 - Definitions
The terms and expressions identified by a capital letter in the General Terms and Conditions of Sale have the meanings set out below (whether used in the singular or plural).
- " General Terms and Conditions of Sale "means the present document, i.e. the terms and conditions applying to the relationship between Holo Electron and the Client
- " Ordering Purchase Order": refers to the Customer's purchase order for one or more Products placed using the Website or via the Customer Service
- " Website "means this Internet site
- " Product Product": refers to a product offered for sale on the Internet Site
- " Customer "means a natural person of legal age who uses the Internet Site and acquires one or more Products for personal use via the Internet Site, having previously adhered to the General Terms and Conditions of Sale
Article 2 - Purpose
The General Terms and Conditions of Sale define the rights and obligations of Holo Electron and the Client within the framework of the sale of Products by Holo Electron on the Website or through the Website's Customer Service set up by Holo Electron
Any use of the Website and any placing of an Order for one or more Products via the Website implies pure and simple acceptance of the entirety of the General Terms of Sale
The General Conditions of Sale are reserved for consumer buyers of any product.
Only persons legally capable of entering into contracts concerning the Products offered for sale on the Web Site may place Orders on the Web Site. When placing an order, the Customer warrants that he/she has the full legal capacity to accept the General Terms and Conditions of Sale, place an Order and conclude a sale.
Article 3 - Creating an account
To order Products on the Website, the Customer must create an account by providing the information required in the registration form.
To this end, the Customer declares that he/she will provide complete and accurate personal information that will enable him/her to be accurately identified in any situation. Any false or slanderous personal information may lead to the closure of the Customer's account and the cancellation of the Order.
When creating an account, the Customer chooses an identifier and a password. The Customer undertakes to keep his login and password confidential.
This account will be accessible at any time by the Customer thanks to his identifiers
The Customer is responsible for all actions carried out on the Web Site using his/her login and password. Any user registered on the Website shall be bound by any Order placed by entering his/her login details, subject to the right of withdrawal set out in Article 9.4.
Article 4 - Ordering procedures - Placement
4.1. The Customer may place an Order, in French, directly on the Web Site, after having entered his/her identifiers, in accordance with article 3.
4.2 By browsing the various sections of the Website, the Customer can place the Products of his/her choice in his/her shopping basket by clicking on the "Buy" button. At any time and until the total order is confirmed, the Customer may change his/her mind, change the quantities and cancel one or more of the Products chosen.
Each of the steps necessary for the sale are specified on the Website.
Any information on the Products can be given, and any Order can also be placed by the Customer, in French or in English, directly to the Customer Service on 0148617780
For any request for information or any Order, the Customer shall bear the telecommunication costs of accessing the Internet and using the Website, or of calling the Website's Customer Service.
4.3 Pursuant to the provisions of Article 1369-5 of the French Civil Code, the Customer shall have the opportunity to check the details of his Order and its total price and, if necessary, to correct or modify it before finally confirming his acceptance.
Holo Electron cannot be held responsible for data entry errors by the Client, nor for their possible consequences in terms of delay or delivery error. In these cases, the costs generated by a possible re-shipment will be charged to the Client.
4.4. Once the contents of the shopping basket have been validated, the Customer must :
- complete all the information requested, including that relating to the content and payment terms;
- declare that they accept without reservation the entirety of the General Terms and Conditions of Sale.
After having filled in or modified this information and subject to having expressly accepted the General Terms and Conditions of Sale, the Customer will finalise his order by clicking on the "Confirm Order" Button on the payment page.
Validation of the Order by the Customer's "double click" implies acceptance of the prices and characteristics of the Products purchased by the Customer
Article 5 - Ordering procedures - Confirmation
5.1. Once the Order has been validated by the Customer in accordance with the terms of article 4.4, a confirmation e-mail, acknowledging receipt of the Order and containing all of the above information, shall be sent to the Customer as soon as possible.
5.2. The Order will only be considered definitive once Holo Electron has sent the Client the confirmation email referred to in article 5.1, and the sale of the Product(s) will only be confirmed once the Client has paid the corresponding price.
5.3. The offers of Products and prices are valid as long as they appear on the Website, it being specified that the Website is updated daily.
Product offers are within the limits of available stocks. In the event that a Product is unavailable, in particular due to a stock shortage, Holo Electron undertakes, on the one hand, to remove it from the Website as soon as possible.
Commercial or promotional operations are mentioned as such on the website and indicate their period of validity.
5.4. In the event that a Product ordered by the Client is unavailable, in particular due to a stop in production or distribution by a supplier, Holo Electron undertakes to inform the Client by e-mail as soon as it is aware of this unavailability.
Holo Electron will then indicate to the Client, if applicable, the new deadline within which the product concerned will be made available and will propose, if available, an equivalent Product.
If the Customer refuses to wait for the availability of the Product, or refuses an equivalent product, the Customer will be refunded the price of the Product if his/her bank account has been debited, within 14 days of the date of confirmation of this refusal.
5.5. In accordance with the provisions of Article L.122-1 of the Consumer Code, Holo Electron is entitled to refuse any Order for legitimate reasons, in particular in the event of payment problems, foreseeable difficulties with delivery, abnormal orders or orders placed in bad faith. Holo Electron also reserves the right to ask for proof of identity by e-mail and/or telephone, in which case the Client will be able to cancel the Order.
Upon receipt of the order, Holo Electron is entitled to refuse it in the event that the prices displayed online or resulting from the Order are, notably due to an error or technical malfunction, computer bug, derisory to the actual sale price of the Product.
Article 6 - Ordering procedures - Product prices
6.1. The price of the Products indicated on the Website is in Euros, all taxes included.
The price of the Products does not include the Customer's contribution to the costs of logistical preparation (processing; shipping) and delivery, which shall be borne by the Customer. The total amount of the Customer's contribution to these costs shall be communicated to the Customer, either when he/she connects to the Website or when he/she calls Customer Services, before proceeding with the validation of his/her Order.
6.2. For deliveries of Products outside the French territory, the provisions of the General Tax Code regarding VAT shall apply. For deliveries outside the European Union, the Customer shall pay any customs duties, VAT or other taxes due on the importation of the Products into the country of delivery.
The related formalities are the exclusive responsibility of the Customer, unless otherwise indicated. The Customer is solely responsible for verifying the possibility of importing the ordered products with regard to the laws of the country of delivery.
6.3. Holo Electron reserves the right to modify the prices at any time and without prior notice but the price applicable to the Client's Order will remain the one indicated in the summary of his shopping basket when validating his order. The prices displayed online or resulting from the Order are guaranteed, unless they prove to be, in particular due to an error or technical malfunction, computer bug, derisory to the actual sale price of the Product.
Article 7 - Payment
7.1. Scope of payment The price of the Products and the costs of logistical preparation and delivery are payable in full by the Customer at the time the Order is placed.
The Customer also undertakes to pay or have paid, where applicable, directly to the forwarding agent or carrier, the customs duties, VAT or other taxes due on the importation of the products into the country of delivery.
7.2. Payment The Customer may pay for the Order by credit card in a secure environment, in accordance with the terms and conditions set out on the Web Site.
The payment order made by credit card cannot be cancelled. Payment of the Order by the Customer is irrevocable, without prejudice to the Customer's right of withdrawal.
For orders placed via the website, or by telephone via Customer Service, the Customer confirms and guarantees that he/she is the holder of the bank card and that the latter gives access to sufficient funds to cover the payment of the Order.
The Customer's bank account shall be debited one (1) day after the date of confirmation of the Order. Payment shall be considered effective once the bank payment centres have confirmed their agreement.
The Client guarantees Holo Electron that it has the necessary authorisations to use this method of payment when placing the Order
In general, the Client guarantees Holo Electron, when placing the Order, that he/she is fully entitled to use the means provided for the payment of his/her order and that he/she has the necessary authorisations to use the payment method concerned
The Website is subject to one of the most effective security systems, in order to protect all sensitive data related to the means of payment. Holo Electron never has access to confidential information related to the said means of payment, which is why these elements are requested at each Order of the Client
7.3. Default of payment and retention of title The ordered Products remain the property of Holo Electron until the final and full payment of the sale price.
In case of delivery and default of payment, Holo Electron has the right to claim the ordered products, the Client committing himself to return any unpaid Product, all expenses at his charge.
Article 8 - Delivery
8.1. Place of Delivery As a general rule, once payment for the Order has been received, the Products will be delivered to the delivery address indicated by the Customer when the Order was placed. An e-mail will be sent to the Customer to inform them that the Products have been dispatched.
Holo Electron ensures the delivery of Orders in the following countries and territories: Metropolitan France and Europe (EU countries).
The Customer also has the option of having the Products delivered to a natural person of his/her choice whose permanent address is in metropolitan France.
8.2. The amount of the Customer's contribution to the cost of preparing and delivering the Order, inclusive of all taxes, shall be indicated to the Customer before the Order is finally confirmed.
8.3. Delivery time The delivery time shall be indicated to the Customer during the Order placement procedure, prior to the validation of the Order and before payment.
In any event, the maximum delivery time shall be thirty (30) working days from the date the Product is ordered, unless otherwise indicated to the Customer before the Order is placed.
If an Order contains Products that can be delivered on different dates, the Client may choose to receive the Products separately according to the dates announced on each Product sheet by contacting Holo Electron's Customer Service; this option is however likely to entail a greater participation of the Client in the logistical preparation and delivery costs, which will be indicated to him by the Customer Service. If the Client chooses to receive his Order in one go, he will receive his Order according to the latest delivery time.
In the event of late delivery, the Customer may cancel the sale under the conditions provided for in Article L.114-1 of the French Consumer Code, provided that the delay in delivery is not attributable to the Customer, in particular in the event of unavailability to receive the delivery.
8.4. Place of delivery A delivery is deemed to have been made as soon as the Customer takes physical possession of the Product at the place of delivery agreed with the Customer when the Order was placed and, where applicable, with the carrier. The taking of possession of the Product is validated by the control and traceability system used by the carrier.
8.5. Collection of the Products in the event of absence of the recipient at the time of delivery, the carrier will leave a delivery notice at the delivery address indicated by the Customer. The Products must then be collected or picked up at the address and in the manner indicated by the carrier.
In the absence of collection within the time limits set by the carrier, the Products will be returned to Holo Electron, which reserves the right to reimburse the price to the Client, the shipping costs remaining at the Client's expense.
8.6. Effect of delivery The transfer of risks occurs upon delivery, when the Customer takes physical possession of the Products at the delivery address indicated by the Customer, or from the Carrier.
Without prejudice to the period of time available to the Client to exercise his/her right of withdrawal, upon receipt of the Products, it is the Client's or recipient's responsibility to ensure that the Products delivered correspond to his/her Order, and to check the condition and conformity of the Products in relation to his/her Order.
The Customer (or, if applicable, the recipient) shall formalise its acceptance of the delivery by signing the delivery receipt issued by the carrier.
If, upon delivery, the external appearance of the package is not perfect, the Customer or the recipient of the Products shall open the package in the presence of the carrier in order to check the condition of the Products. In the event of damage resulting from transport, the Customer must refuse the damaged Products and indicate "refusal for damage" on the return form.
In the event of an apparent defect in the parcel, the Customer must make any reservations and claims that appear justified; it is up to the Customer, if necessary, to refuse the parcel.
Without prejudice to the guarantees from which the Client benefits under article 9, for any claim relating to an apparent defect or damage upon delivery of the Product, the Client shall as soon as possible contact the Client Service in order to, on the one hand, preserve the rights of Holo Electron vis-à-vis the carrier, and on the other hand, in the event that the Product is still in the possession of the Client, initiate the return procedure under the conditions provided for in article 9.4.
In the event of a refusal of delivery or return of the Product for the reasons referred to in the previous paragraph, the Customer may request a new delivery or the cancellation of his order under the conditions of article 9.1.3.
Article 9 - Conformity - Warranty - Right of withdrawal
9.1. Product conformity
The legal guarantee of conformity mentioned in articles L.211-4 to L.211-13 of the French Consumer Code and that relating to defects in the thing sold, mentioned in articles 1641 to 1648 and 2232 of the French Civil Code, shall apply in accordance with the law.
In the event of an action under the legal guarantee of conformity, the consumer :
- has a period of two years from the date of delivery of the property 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 6 months following the delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee. In the event that the consumer decides to implement the guarantee against hidden defects of the thing sold as provided for in Article 1641 of the Civil Code, he/she may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the said Code.
9.1.1. The information and descriptions mentioned for each Product file, in particular the photographs, technical characteristics and description, are communicated to Holo Electron by the manufacturers of the Products.
In accordance with article L.111-1 of the Consumer Code, Holo Electron's objective is to inform the Client and to enable him to know the essential characteristics of the Product.
Before shipment, the Products delivered to the Customer are checked to ensure that they conform to the description given on the Website.
It is however specified that, for technical reasons (photographic and computer), the actual rendering of the Products may sometimes differ slightly from that of the photographs presented on the Site.
9.1.2. Notwithstanding, where applicable, the specific warranty conditions from which the Customer benefits in respect of the Product in question, the Products presented on the Website are subject to the following legal warranty conditions.
According to Article L.211-4 of the Consumer Code:
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of 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.
According to Article L.211-8 of the Consumer Code:
"The buyer is entitled to demand that the goods conform to the contract" .
- According to Article L.211-5 of the Consumer Code:
To conform to the contract, the property must :
- Be fit for the purpose ordinarily expected of similar goods and, where appropriate :
- Correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model;
- Have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
- 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.
- According to Article L211-7 of the Consumer Code: "Defects of conformity which appear within 24 months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. - According to Article L211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."
9.1.3. In application of articles L.211-9 and L.211-10 of the Consumer Code, the repair of the consequences of the lack of conformity or hidden defects, duly established and confirmed as such by Holo Electron, includes, at the Client's choice, except if this wish entails a manifestly disproportionate cost, taking into account the value of the good or the importance of the defect, in relation to the other modality, the repair or replacement of the Product.
If repair and replacement of the goods is not possible, the Customer may return the goods and have the price returned or keep the goods and have part of the price returned.
In these different cases, the Customer must contact the Customer Service and agree on the terms of return of the Product concerned by following the procedure provided in the "My Orders" section of the Website.
Insofar as it is founded, the application of the provisions of articles L. 211-9 and L. 211-10 of the Consumer Code shall take place at no cost to the buyer.
9.2 Extended warranty Some Products have an extended warranty. In these cases, the terms and conditions and duration of the warranty are specified in the warranty card delivered with the Product. This warranty does not cover damage, breakage or malfunctions resulting from failure to observe the precautions for use.
In order to implement the extended warranty, the Customer must contact the Customer Service Department in order to learn about the specific procedure that results from it.
The product will be exchanged for an identical product. It will be delivered to the Client at the expense of Holo Electron, except in case of stock shortage or disappearance of the Product from the proposed range. In the latter case, Holo Electron will proceed to the reimbursement of the price of the Product to the Client.
9.3. Warranty for hidden defects
- According to Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects in the thing sold which make it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lower price for it, if he had known of them. According to Article 1642 of the Civil Code: "The seller is not liable for apparent defects of which the buyer could convince himself". According to Article 1643 of the Civil Code: "He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. According to Article 1644 of the Civil Code: "In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him, as arbitrated by experts" According to Article 1645 of the Civil Code: "If the seller knew of the defects in the thing, he is bound, in addition to the return of the price he received, to pay all damages to the buyer. According to Article 1646 of the Civil Code: "If the seller was unaware of the defects of the thing, he shall only be bound to return the price and reimburse the buyer for the costs incurred by the sale". According to Article 1647 of the Civil Code: "If the thing which had defects has perished as a result of its bad quality, the loss is for the seller, who shall be bound towards the buyer to restitute the price and to the other compensations explained in the two preceding articles. But the loss that occurs by chance shall be for the account of the buyer. According to Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect".
9.4. Right of withdrawal
9.4.1. Holo Electron considers that any Client who is not satisfied with the ordered Products must be able to exercise his right of withdrawal, without penalties, under the best conditions.
In accordance with articles L.121-20 et seq. of the French Consumer Code, the legal deadline for the right of withdrawal is fourteen clear days from the date of receipt of the Product.
The Client returning the Product within the framework of the exercise of his right of retraction, has the right to reimbursement of the price of the Products ordered and the outward delivery costs. Upon proposal by Holo Electron, the Client having exercised his right of withdrawal may however opt for an exchange or the issue of a credit note.
9.4.2. To exercise this right of withdrawal, Holo Electron suggests that the client follows the procedure provided in the section "My Orders" of the Website or contacts the Customer Service on 0148617780.
The refund will be made, at the latest, within fourteen days from the date on which Holo Electron is informed of the Client's decision to withdraw. The reimbursement may be deferred until the Product is recovered by the Holo Electron Returns Department or until the Client has provided proof of shipment of the Product, the date retained being the first of these facts.
The refund will be made according to the payment method used for the Order.
Only complete Products (accessories, instructions, etc.) in perfect condition for resale (not soiled, not damaged, not worn) will be accepted for return or exchange. To facilitate the processing of your request and to accelerate the refund, we recommend that you send us the return form carefully filled in.
The cost of returning the goods of the Product shall be borne by the Customer, except in the case of a proven lack of conformity or hidden defects of the Product.
9.4.3 If the right of withdrawal is used for only part of the Order, only the price invoiced for the returned Products will be refunded.
In the event of a partial withdrawal from the Order, the Customer who, at the time of the initial Order, would have benefited from free delivery due to the fact that the amount of the Order exceeded a certain level, may be re-billed for the delivery costs corresponding to the actual Order, if the latter fell below the free delivery threshold.
9.4.4. By exception, the right of withdrawal cannot be exercised for the contracts listed in Article L121-21-8 of the Consumer Code, including in particular contracts for the supply of goods made to the consumer's specifications or clearly personalised or which, due to their nature, cannot be returned or are likely to expire quickly.
The Products concerned by the exclusion of the right of withdrawal are indicated as such to the Customer, prior to the Order, in the description sheets
9.5. Return Procedure Products must be returned to Holo Electron at the following address Holo Electron- Returns Department,
ZA Charles de Gaulle
44 Rue Henri Farman
93290 Tremblay en France
The products must be returned properly protected and, as far as possible, in their original packaging. They must be in perfect condition for resale. Any product returned incomplete, damaged, washed, damaged, soiled, even partially will not be refunded or exchanged.
The customer proceeds to the return of the products. We recommend keeping a proof of return to facilitate procedures in case of problems during transport.
Except in the case of a lack of conformity or hidden defects in the Product, the cost of returning the goods shall be borne by the Customer.
Article 10 - Condition of use of the products
10.1. Prior to ordering and using the Products, the Customer must read all the information provided on the Website, find out about the characteristics and components of the Products and ensure that they are compatible with the use he wishes to make of them.
The price of the Products does not include the Customer's contribution to the costs of logistical preparation (processing; shipping) and delivery, which shall be borne by the Customer. The total amount of the Customer's contribution to these costs shall be communicated to the Customer, either when he/she connects to the Website or when he/she calls Customer Services, before proceeding with the validation of his/her Order.
10.2. The Client undertakes to systematically respect the advice for use indicated by the manufacturer on the packaging and on the instructions for use of the Products before any use. For any additional information concerning the characteristics of the Products, Holo Electron's Customer Service is available to the Client.
Article 11 - Liability
11.1. The products presented on the Website comply with the French legislation in force and the standards applicable in France.
Holo Electron undertakes exclusively to respect the legal provisions applicable in France. No regulation specific to the country of delivery and/or consultation of the Website can be opposed to Holo Electron.
The Customer is solely responsible for complying with the regulations applicable in his country of residence or in the country of destination of the Products. It is the Customer's responsibility to obtain information from the local authorities concerned about any restrictions on the import, export or use of the Products that the Customer intends to order on the Website.
11.2. The service provided by Holo Electron is limited to the supply of Products under the conditions described in the General Terms and Conditions of Sale. Under no circumstances can Holo Electron be held responsible for the advice, recommendations and conditions of use of the Products provided by the manufacturers on the Website or in their instructions for use.
11.3. Holo Electron's liability is limited to direct and foreseeable damage that may result from the Client's use of the Website and the Products. Holo Electron is not liable for damages resulting from a fault of the Client in the use of the Products.
Holo Eelctron shall not be held liable if the non-performance or poor performance of its own obligations is attributable to the Client, to the unforeseeable and insurmountable act of a third party unrelated to the delivery of the Products, or to an unforeseeable, irresistible and external force majeure event.
In general, Holo Electron shall under no circumstances incur any liability for indirect or unforeseeable damage caused by the use of the Website and the Ordering of Products.
11.4. Holo Electron cannot be held responsible for (i) the contents available on other websites or Internet sources accessible by means of hyperlinks inserted on the Website (and in particular because of advertisements, products, services or any other information), nor (ii) damages of any kind that may be suffered by the Client when visiting these websites.
The use of the Website implies the knowledge and acceptance by the Customer of the characteristics and limits of the Internet and the technologies linked to it, the lack of protection of certain data against possible misappropriation or piracy and the risks of contamination by possible viruses circulating on the network.
Holo Electron being itself dependent on the quality of the Internet network, it does not guarantee the continuity of the Website and does not ensure the correction of defects observed on the Internet network. Consequently, Holo Electron cannot be considered responsible for any unavailability of the Website or any difficulty in connection or interruption of the connection (malfunction of the servers, telephone line or any other technical connection) during the use of the Website or, more generally, for any disturbance of the Internet network, affecting the use of the Website. In this context, Holo Electron is not responsible for the sending of forms to an erroneous or incomplete address, for any computer errors or defects noted on the Website.
11.5 Subject to provisions to the contrary, the Website is accessible from any location, provided that minimum technical conditions are met, particularly in terms of access to the Internet network, mobile telephony and the technical compatibility of the equipment used by the Customer. Given the global nature of the Internet network, the Customer agrees to comply with all the rules of public order relating to the behaviour of users of the Internet network and applicable in the country from which he/she uses the Website.
Article 12 - Electronic file - Protection of personal data
12.1. In order to process orders, Holo Electron processes personal data concerning the Client, identified as mandatory in the forms on the Website.
12.2 Holo Electron undertakes to respect the confidentiality of the personal data communicated by the Clients on the Website and to process them in compliance with the French Data Protection Act of 6 January 1978, as amended and currently in force.
The database set up by Holo Electron for this purpose has been declared to the CNIL, in accordance with the requirements of the Data Protection Act.
12.3. The Client's personal information is collected and processed by Holo Electron for the purpose of Sales Order processing.
Depending on the choices made when creating or consulting their accounts on the Website, the Client will choose if they wish to receive from Holo Electron and/or its partners, commercial or promotional offers by e-mail. If a Client no longer wishes to receive such offers, they may at any time request to do so by clicking on an electronic link available on the emails and newsletter or by modifying their account directly on the Website.
12.4 Holo Electron may be required to communicate this data for the needs of processing and delivery of orders by its service providers, or after-sales service, and to conduct satisfaction surveys. Moreover, Holo Electron may also communicate this data to respond to an injunction from the judicial or administrative authorities.
12.5. The Client may exercise his individual right of access to the file, his right of opposition, rectification or deletion for the data concerning him, either by modifying himself his personal information on the "My Account" space in the "Help" section, or by sending his request to Holo Electron (indicating e-mail address, surname, first name, postal address), by e-mail to the address info@holoelectron.com or by post to the following address Holo Electron Customer Service - ZA Charles de Gaulle 44 Rue Henri Farman 93290 Tremblay en France
Article 13 - Suspension - Termination
The Customer may terminate his registration on the Website and close his account at any time. To this end, the Customer shall send his termination request to the Customer Service Department.
In case of failure of the Client to fulfil one of its contractual obligations, in particular in case of payment incident, Holo Electron reserves the right to suspend the Client's access to the Websites and to the services of Holo Electron, or even to terminate its account depending on the degree of seriousness of the failures. Holo Electron reserves the right to refuse any order from a Client with whom there is any dispute.
Article 14 - Intellectual and industrial property rights
All the elements published within the Website, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software, and other underlying technology are protected by the provisions of the Intellectual Property Code and belong to Holo Electron.
The Holo Electron brand, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logos appearing on the articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of Holo Electron, with the exception of the rights held on the visuals of the products, brands and logos of the suppliers of the Products presented on the Website.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of Holo Electron, is strictly prohibited.
Apart from any solicitation from Holo Electron, Holo Electron prohibits any hyperlink to the Website. A Client wishing to place a link on his personal website to the home page of the Website, must request prior express authorisation from Holo Electron.
Article 15 - Miscellaneous
15.1 Partial invalidity In the event that one or more of the provisions of the General Terms and Conditions of Sale are deemed unlawful or unenforceable by a competent court, the other provisions shall remain in force and shall retain their scope and effect.
15.2. Agreement on proof The acceptance of the General Terms and Conditions of Sale by electronic means has the same evidential value between the parties as the agreement on paper.
The information provided by the Website is authentic between the parties. The computerized registers will be kept in Holo Electron's computer systems under reasonable security conditions and will be able to constitute a means of proof, at the Client's disposal, of the exchanges, orders and payments made on the Website or by e-mail. The scope of the proof of the information delivered by Holo Electron's computer systems is the one granted to an original in the sense of a written paper document, signed.
It is expressly agreed that Holo Electron and the Client can communicate with each other electronically or by telephone via the Client Service of the Website. Technical security measures are provided to ensure the confidentiality of the data exchanged.
Holo Electron and the Client agree that the e-mails exchanged between them are valid proof of the content of their exchanges and, where applicable, of their commitments, in particular with regard to the transmission and acceptance of orders.
15.3. Conservation and archiving The archiving of contractual documents is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy that can be produced as proof.
You can access archived contracts by sending a request by e-mail to info@holoelectron.com
15.4. Waiver The fact that Holo Electron or the Client does not exercise any of its rights under the General Terms and Conditions of Sale does not imply a waiver on its part of this right and its right to exercise it later, such a waiver can only be made by an express declaration.
15.5. Force majeure The execution by Holo Electron of all or part of its obligations, in particular delivery obligations, will be suspended in the event of a fortuitous event or force majeure that would hinder or delay the execution.
This includes, but is not limited to, war, riot, insurrection, civil disturbance and large-scale general strike.
Holo Electron will inform the Clients of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the Client will have the possibility of cancelling the order in progress, and the price of the Products ordered and the delivery costs paid will then be reimbursed.
Article 16 - Suspension - Termination
The General Conditions of Sale are subject to French law. Only the French version of these General Terms and Conditions of Sale is authentic.
In the event of any difficulties arising in connection with the placing of the Order, the delivery of the Products or, more generally, the execution of the sale, the Client shall have the possibility, prior to any legal action being taken, of seeking an amicable solution, notably with the help of a consumer association or any other advisor of his/her choice.
Any dispute arising from the interpretation or execution of the General Terms and Conditions of Sale and its consequences shall be brought before the competent courts.
The General Terms and Conditions of Sale also apply to the relationship with any user of the Website who has not placed an Order, in particular with regard to articles 11 to 15.