Terms and Conditions

The Site is managed by HILO SARL, a limited liability company.
RCS number: 19S08306
VAT number : FR 94 000 146 562

The CLIENT may contact the COMPANY:
By e-mail at hello@hilo.mc
By post: SARL HILO, Palais Héraclès, BAT A, 17 avenue Albert 1er 98000 Monaco

These General Terms and Conditions of Sale (hereinafter “GTCS”) apply, without restriction or reservation, to all sales made by HILO on its website hilo.mc (hereinafter referred to as the “Site”), whose registered office is located at 17 avenue Albert 1er – Palais Héraclès – BAT A – 98000 Monaco, registered with the RCI of MONACO under number 19S08306, to consumers and non-professional customers (hereinafter referred to as “Customers or the Customer”) domiciled in metropolitan France and the DROM CROM, Monaco, Belgium, Switzerland and Luxembourg (hereinafter referred to as the “Territory”).

In particular, they specify the conditions under which Customers may place orders for products marketed by HILO (hereinafter referred to as “the Products”).

These General Terms and Conditions of Sale apply to the exclusion of all other conditions.

These General Terms and Conditions of Sale are systematically communicated to all Customers prior to the placing of any order and shall prevail, where applicable, over any other version or any other contradictory document.

The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale before placing an order. As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the date of the order.

Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale may be modified from time to time, but the version applicable to the Customer’s purchase is that in force on the day the contract is concluded.

The Products offered for sale by HILO on the Site (hereinafter the “Products”) are described on the Site. Each Product is the subject of an individual product sheet which presents the essential characteristics of the Product based on information provided by partners, suppliers or manufacturers. The photos presenting the Products have no contractual value.

HILO may also offer “Promotions”: the Products concerned (on price or on any other characteristic such as delivery, quantity, etc.) will be sold during a limited period and/or for a limited quantity.

To place an order on the Site for the purchase of a Product, the Customer must :
– have a user account opened in compliance with the article on data confidentiality
– hold a valid bank card

Orders are placed exclusively on the Internet in the following stages:

1/ the Customer fills his/her basket with Products,

2/ the customer creates an account or registers if already a member of the HILO community,

3/ the customer fills in their delivery details,

4/ the customer selects their delivery method (home or relay), which will inform them of the delivery costs,

5/ the customer chooses a payment method,

6/ the customer validates the General Terms and Conditions and his/her order,

7/ the Customer is redirected to a secure Crédit Agricole payment page, and makes his/her payment request,

8/ finally, the customer receives an e-mail confirming the order.

The Customer is responsible for verifying the completeness and accuracy of the information provided to HILO at the time of ordering, particularly the delivery address. The order validation e-mail signifies HILO’s acceptance of the Customer’s order and thus forms the sales contract between the parties in accordance with the provisions of the General Terms and Conditions. The information provided by the Customer together with the General Terms and Conditions form the contract between the Customer and HILO and will be repeated in the order confirmation e-mail. The Customer is responsible for keeping this validation e-mail, which represents his/her copy of the sales contract. HILO cannot be held responsible if this e-mail is deleted by an “anti-SPAM” device. The Customer may access the contents of his order at any time by logging on to the Site and opening the “My Account” tab. The General Terms and Conditions can be consulted from any page of the Site.

As part of a classic sale of a Product from the collection, the Internet user may order any product listed in the permanent catalog. Only the confirmation sent by HILO when the order is placed can guarantee the availability of the product. If the Product is not available after the order has been placed, the Customer will be informed by e-mail of the delivery of a partial order or of the cancellation of the order.

The sale prices of the Products offered on the Site are indicated in Euros and increased with the VAT rate in Monaco applicable on the day of the order.

Price to be paid: The price to be paid is the price indicated on the Site in the Product data sheet, increased by the ancillary costs (notably delivery costs and service options) communicated at the time of the order. It may be reduced by a discount (e.g. promotional codes or vouchers). The price will not be final until the order has been confirmed. All prices are displayed on our Site in euros and include all taxes (“TTC”).

Promotional codes or vouchers: the CUSTOMER may benefit from personal and non-transferable promotional codes or vouchers, which may be used at the time of order validation by entering their reference in the purchase form. Promotional codes or vouchers are only valid for the period indicated by HILO to the customer.

Delivery charges: Delivery charges are due for each order placed and are inclusive of all taxes. The exact amount of shipping costs depends on the delivery method chosen, the place of delivery and the contents of the order. The amount of the delivery charges will be indicated in the basket and will be subject to the Customer’s approval prior to the validation of the basket. To obtain an estimate, the Customer may consult the “Delivery” section of the Frequently Asked Questions. In all cases, this indication remains an estimate, and only the price selected at the time of validation of the basket is contractually binding, barring exceptions such as delivery difficulties or special delivery methods that may result in additional costs.

Discount and VAT: Orders are payable immediately. No discount will be granted for payment before the date shown on the invoice. In the event of a change in the VAT rate, the price will be automatically modified without any prior notice other than the legal date on which the new rate becomes payable.

Price variations: The prices of Products appearing on the Site are subject to change. HILO reserves the right to modify prices without prior notice, particularly in the event of labelling errors. Subject to the following, the prices appearing at the time of purchase are the prices applicable to that purchase. Although the website has been compiled with the utmost care, it is possible that the prices indicated may contain errors. HILO is in no way bound by its offer and reserves the right to cancel the customer’s purchase in the event of such an error.

Foreign currencies: Prices are quoted in Euro. If the currency of payment differs from the currency in which the prices appear, the Customer’s bank will apply its exchange rate in effect at the date of purchase, beyond HILO’s control.

Once the terms and conditions have been validated by the customer, the latter pays for the order by credit card through Crédit Agricole Monaco, which ensures the security of transactions. The customer must have one of the following debit or credit cards: Carte Bleue®, MasterCard®, VISA® and American Express®.

Payment for the order may be made by credit card throughout the Territory. The customer enters his contact details, validates the basket and the total price. They confirm their order and are then redirected to a page of our banking partner Crédit Agricole, where they provide their credit card details. Receipt of confirmation by HILO validates the sale. The sale is then concluded under the suspensive condition of the availability of the product and therefore of the receipt of a confirmation sent by HILO to the email address indicated by the Internet user at the time of purchase.

HILO retains ownership of the goods sold until delivery of the goods to the customer or to the recipient designated by the customer. Default of payment by either party may result in reclamation of the goods. These provisions do not prevent the transfer to the customer, upon delivery, of the risks of loss and deterioration of the goods purchased, as well as any damage they may cause.

HILO has chosen high-performance, rigorous tools for securing payment methods. Under no circumstances does HILO have access to confidential information relating to the means of payment used by the Customer. Although HILO uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. HILO shall not be liable for damages resulting from the use of electronic means of communication, including – but not limited to – damages resulting from failure or delay in transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

8.1 – Delivery terms

Products are shipped within the Territory defined in these GTC.

Delivery is made via the carrier GLS France, chosen by HILO to the postal address defined by the Customer when placing the order, or to a GLS relay point (Points Relais®, Lockers and Voisins Relais) selected by the Customer.

Each Product in the basket may be delivered independently.

At the time of ordering, the Customer must carefully complete all fields of the delivery form, including delivery details and a cell phone number. Neither HILO nor the carrier can be held responsible for the impossibility of delivery due to imprecision or error in the delivery address.

8.2 – Shipping and delivery times

Products are dispatched from HILO’s warehouses within an indicative period of 24/48h working days from order confirmation.

Orders are delivered to Monaco and mainland France within 24/48h working days from the date of dispatch.

Orders outside mainland France are delivered within 5 to 10 working days from the date the order is dispatched.

Neither HILOn nor the carrier can be held responsible for any delay in delivery.

8.3 – Additional charges

In case of impossibility of delivery on the day of the appointment due to inappropriate information, difficulties of access or passage not previously indicated by the Customer or absence of the Customer at the appointment in violation of the commitments made at the time of the determination of the appointment with the Carrier, new delivery charges may be invoiced by HILO, which will contact the Customer for the payment of these new delivery charges before any new delivery of the Product.

In the event of non-payment of these charges, HILO reserves the right not to deliver the Product and consequently to cancel the order.

The price of the order, less the initial delivery charges, will be refunded to the Customer within a maximum of FOURTEEN (14) days from the date of cancellation of the order.

8.4 – Postponement of delivery date/Change of delivery location

The carrier will send an SMS or an email to the Customer as soon as the parcel(s) have been picked up. The Customer may then request a change of delivery address or postpone the delivery date.

For greater visibility on the day of delivery, the Customer can follow the progress of his/her parcel(s) in real time from the GLS interface communicated by sms or email.

8.5 – Receipt of Products

The Customer is responsible for ensuring the conformity of the order upon receipt.

The Customer must notify the Vendor of any missing or damaged products no later than TEN (10) days from the date of delivery of the order.

In accordance with the provisions of article L 224-65 of the French Consumer Code, the Customer must also report any missing or damaged Product(s) to the carrier responsible for delivering the order within TEN (10) days of the date of delivery of the order.

The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered for which the Customer has duly proven the lack of conformity or the apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code.

In the event that the Carrier has declared your package delivered but you dispute this delivery, the Vendor may request a written attestation accompanied by a copy of your identity document in order to take any necessary action.

9.1 – Transfer of ownership of Products to the Customer

The transfer of ownership of the Vendor’s Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

9.2 – Transfer of risks to the Customer

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products, in accordance with the provisions of article L 216-4 of the French Consumer Code.

The Products therefore travel at the Seller’s risk.

Exception: when the Customer uses a carrier of his own choosing, independent of the Seller, the transfer of risk takes place when the Seller hands over the products ordered by the Customer to the carrier chosen by the Customer. Products are shipped at the Customer’s risk.

If the product under the responsibility of the carrier has not been delivered for any other reason related to customs, strikes or damage or any other cause of force majeure as defined by the courts, the sale may be cancelled and the customer may obtain restitution of his payment to the exclusion of any other indemnity or damages.

In the event of delivery abroad, the seller may not be held liable in the event of non-compliance with the legislation of the destination country. It is the customer’s responsibility to check with local authorities regarding the possibility of importing and using the products available on the site.

10.1 – Order cancellation

The customer may cancel any product order, without giving any reason, provided it has not already been dispatched.

To request an order cancellation, the Customer should contact HILO by e-mail via the “Contact” section of the Site.

10.2 – Exercising the right of withdrawal

The customer may withdraw from his order, after receipt, without having to justify his decision or pay penalties, for the purpose of reimbursement or exchange, during :

– 7 days from receipt of the Order if domiciled in Monaco, Switzerland, Belgium or Luxembourg;

– 14 days from receipt of the Order if domiciled in France.

In the event of retraction, all return costs will be charged to the customer. This period is calculated in working days: if the period expires on a Saturday, Sunday or public holiday, the period is extended until the first working day after midnight. In order to facilitate the processing of the Customer’s request for retraction, it is possible to send such a request to HILO via the “Contact” section of the Site.

The procedures for exercising the right of withdrawal are as follows:

Products must be in new condition, packaged in their original packaging, show no signs of use and be accompanied by any accessories and instructions for use or assembly.

HILO will carry out a quality control of the Product at the warehouse. Only after checking that these conditions have been met will HILO reimburse the sums received for the returned Products. If the above-mentioned conditions are not met, the Customer’s refund will be reduced by the amount corresponding to the loss in value of the Product noted during the inspection.

Once the Products have been returned in compliance with the procedure described above, the refund (not including the initial shipping costs of the Product) will be made within a maximum of fourteen (14) days following the date of receipt by HILO of the returned Products for a purchase made from France, and within a maximum of thirty (30) days for a purchase made from Monaco.

Beyond this period, interest will be charged at the legal rate. Return costs are always at the customer’s expense. Throughout the procedure, the Customer will be informed by e-mail of the receipt of his retraction, the return of his parcel and the date of reimbursement.

11.1 – Legal warranties

In accordance with legal provisions, Products are covered by law and without additional payment:

• the legal guarantee of conformity, for Products which appear to be defective, damaged or damaged, or which do not correspond to the order, in accordance with the provisions of article L 217-4 of the French Consumer Code;
• the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered, in accordance with the provisions of article 1641 of the French Civil Code.

In accordance with the terms and conditions set out below and defined in the appendix to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty against Hidden Defects).

11.1.1 – Implementation of the legal warranty of conformity

Under the legal warranty of conformity, the Customer :

• has TWO (2) years from delivery of the Product to take action against the Vendor;
• may choose between repairing or replacing the Product, subject to the cost conditions stipulated in article L 217-9 of the French Consumer Code;
• is exempted from proving the existence of the Product’s lack of conformity during the TWENTY-FOUR (24) months following delivery of the Product.

The Customer may invoke the legal warranty of non-conformity within TWO (2) years of delivery of the Product.

Without prejudice to the provisions of article L 217-12 of the French Consumer Code, the Customer undertakes to inform the Vendor in writing of any lack of conformity as soon as possible after discovery of said defect, so that the Vendor may take all necessary measures.

The Customer shall return the defective Products to the Vendor in the condition in which they were received, at the Customer’s expense.

The cost of returning the defective Products will be borne by the Vendor.

11.1.2 – Legal warranty against hidden defects

Under the warranty against hidden defects, the Customer :

• has TWO (2) years from delivery of the Product to take action against the Vendor;
• may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

The Customer may invoke the legal warranty against hidden defects within TWO (2) years of discovery of the defect.

The Customer shall return the defective Products to the Vendor in the condition in which they were received, at the Customer’s expense.

The cost of returning the defective Products will then be reimbursed by the Vendor.

11.2 – Refund or replacement of defective or non-conforming Products

The Vendor will reimburse or replace Products deemed to be non-conforming or affected by a defect. In the case of delivery, shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of proof.

Reimbursements for Products deemed to be non-conforming or affected by a defect will be made as soon as possible and at the latest within THIRTY (30) days following the Vendor’s finding of the non-conformity or hidden defect.

Refunds will be made directly to the payment method used by the Customer.

11.3 – Exclusions of liability

The Vendor cannot be held liable in the following cases:

• in the event of delivery of Products abroad: failure to comply with the legislation of the country in which the Products are delivered, which it is the Customer’s responsibility to check,
• in the event of misuse of the Products, negligence or lack of maintenance on the part of the Customer,
• in the event of normal wear and tear, accident or force majeure.

The Vendor’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

The Seller shall not be held liable for any damages of any kind, whether material, immaterial or bodily, direct or indirect, which may result from improper use of the Product.

The Vendor’s liability shall in any event be limited to the amount of the sale and shall not be held liable for simple errors or omissions which may have occurred despite all the precautions taken in the presentation of the Product.

In accordance with the provisions of article 1483 of the Monegasque Civil Code, the Products are covered by the legal warranty against hidden defects, under the terms of which the Vendor is liable “for hidden defects in the item sold which render it unfit for its intended use, or which so diminish this use that the purchaser would not have acquired it or would have paid a lesser price for it, had he known of them”.

The legal warranty for latent defects must be invoked by the customer within six (6) months of discovery of the defect.

The Customer must return the defective Products to the Vendor in the condition in which they were received, at his own expense.

The cost of returning the defective Products will then be reimbursed by the Vendor.

HILO undertakes to use its best efforts to maintain access to the Site 24 hours a day, 7 days a week, except in cases of force majeure.

In view of the complexity of the Internet, the unequal capacities of the various sub-networks, the influx at certain times, and the various bottlenecks over which HILO has no control, HILO’s liability will be limited to the operation of its servers, the outer limits of which are constituted by the connection points.

HILO cannot be held responsible for (i) access speeds to its servers, (ii) slowdowns external to its servers, (iii) poor transmissions due to a failure or malfunction of these networks and (iv) any computer virus.

HILO reserves the right to limit or suspend access to the Site in order to carry out any maintenance and/or improvement operations. In this event, HILO undertakes to inform users in advance, by any useful means and in particular by a message on the Site’s home page. In the event of maintenance and/or upgrading operations, HILO undertakes to use its best efforts to back up the content stored on Users’ Accounts.

Users acknowledge and accept that this Service Level Guarantee does not cover any failure or interruption of access to the Site caused by telecom operators or Internet and mobile web access providers.

HILO is the exclusive owner of all intellectual property rights relating to the trademark, logo, graphics, design, photographs, structure and, more generally, the content and databases of the Site, throughout the world. HILO owns the technical, graphic, textual and other components of the Site.

In addition, any hypertext link, of any nature whatsoever, allowing access to the Site or to any of its pages or elements, requires the prior written authorization of HILO.

Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of the Site or any of its elements, in whole or in part, without the express prior authorization of HILO is strictly prohibited and may be subject to legal action.

Similarly, trademarks, logos, presentations, designs, illustrations, photographs, layouts, images and sounds or any other figurative elements contained on the Site are the exclusive property of HILO and are subject to the same restrictions on use.

Violation of these mandatory provisions subjects the offender, and all persons responsible, to the penalties provided by law.

Personal data collected from the Customer is subject to computer processing carried out by the Seller in accordance with the provisions of EU Regulation 2016/679 of April 27, 2016 amended on May 23, 2018 (known as the General Data Protection Regulation – GDPR).

They are recorded in its customer file and are essential to the processing of his order. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. It will be kept for as long as is necessary for the execution of orders and any applicable guarantees.

The data controller is the Seller. Access to personal data will be strictly limited to employees of the data controller, authorized to process such data by virtue of their position. The information collected may be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Customer’s authorization being necessary.

In performing their services, third parties have only limited access to the data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data.

Apart from the cases set out above, the Vendor will not sell, rent, transfer or give third parties access to the data without the Customer’s prior consent, unless compelled to do so for a legitimate reason.

If the data is to be transferred outside the EU, the Customer will be informed and the guarantees taken to secure the data (for example, the external service provider’s adherence to the “Privacy Shield”, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified.

In accordance with the applicable regulations, the customer has the right to access, rectify, delete and port his or her personal data, as well as the right to object to its processing for legitimate reasons. These rights may be exercised by contacting the data controller at the following e-mail address: admin@hilo.mc.

In accordance with the provisions of article L 223-2 of the French Consumer Code, the customer has the option of registering on the BLOCTEL anti-solicitation list in order to oppose any future telephone solicitation.

The Customer is responsible for verifying the completeness and truthfulness of the information provided to HILO at the time of ordering, in particular the delivery address.

HILO cannot be held responsible for any input errors that may cause delivery errors.

HILO cannot be held responsible for the Customer’s failure to comply with the terms and conditions of delivery and the appointment made with the carrier. In such cases, the Customer will be responsible for any costs incurred for the return and storage of the products.

Without limiting the foregoing paragraphs, HILO’s liability shall not exceed a sum equal to the amounts paid or payable at the time of the transaction giving rise to said liability, whatever the cause or form of the action concerned. All irresistible, unforeseeable events or circumstances beyond the control of the parties, in particular total or partial strikes by transporters, riots, war and natural disasters, are considered as fortuitous events or force majeure exonerating HILO from liability.

The Customer’s choice and purchase of merchandise are his sole responsibility. Consequently, the total or partial impossibility of using the Products, notably due to equipment incompatibility, cannot give rise to any compensation, reimbursement or liability on the part of HILO, except in the case of a hidden defect or proven non-conformity.

By express agreement between the parties, these General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to Monegasque law, with the exception of provisions specifically concerning French law.

These General Terms and Conditions of Sale are written in French.

In the event of translation into one or more foreign languages, the French text shall prevail in the event of litigation.

ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE AND SALE TRANSACTIONS ENTERED INTO PURSUANT TO THESE GENERAL TERMS AND CONDITIONS OF SALE, CONCERNING THE VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES AND CONSEQUENCES THEREOF, AND WHICH CANNOT BE RESOLVED AMICABLY BETWEEN THE SELLER AND THE CUSTOMER, SHALL BE SUBMITTED TO THE COMPETENT COURTS OF THE PRINCIPALITY OF MONACO UNDER THE CONDITIONS OF ORDINARY LAW.

However, any Customer residing in metropolitan France or in the DROM / CROM at the time of placing the order may, in accordance with the provisions of article R 631-3 of the French Consumer Code, and seize :

– one of the courts having territorial jurisdiction under the French Code of Civil Procedure,

– the jurisdiction of the place where he lived at the time the contract was concluded,

– or the jurisdiction where the harmful event occurred.

In the event of a dispute, an amicable solution will be sought before any legal action.

If you are a consumer residing in the European Union, you have the right to submit a claim to an Alternative Dispute Resolution (ADR) institution. For a list of ADR institutions in your country, please consult the European Commission’s online dispute resolution platform at http://ec.europa.eu/consumers/odr.

The Customer acknowledges having been informed, in a clear and comprehensible manner, of these General Terms and Conditions of Sale prior to the immediate purchase or the placing of the order and the conclusion of the contract, and in particular of the following information:

• the essential characteristics of the Product(s) ;
• the price of the Products and ancillary costs (e.g. delivery);
• the delivery date or deadline for the Products;
• information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not obvious from the context,
• information on legal and contractual warranties and how to make use of them,
• the possibility of resorting to conventional mediation in the event of a dispute.

The fact that a natural person (or legal entity) orders one or more Products implies full acceptance of these General Terms and Conditions of Sale, and the obligation to pay for the Product(s) ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Vendor.

If, for any reason whatsoever, one (or more) of the clauses of these General Terms and Conditions of Sale should be declared null and void, unenforceable, invalid, illegal or inapplicable as a result of a law, regulation or final decision of a competent court, such modification shall not call into question the validity, legality or applicability of the other stipulations of these General Terms and Conditions and shall not release the Customer from the performance of its contractual obligations.