GENERAL CONDITIONS OF SALE

Effective 15/04/2022

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") shall apply, without restriction or reservation
to all sales concluded by the Seller with non-professional buyers ("The Customers or the Customer"),
wishing to acquire the products offered for sale ("The Products") by the Seller on the heightrade.com website.
The Products offered for sale on the site are the following:


COSMETICS
PHYTOTHERAPY
FOOD SUPPLEMENTS
WELLNESS
ACCESSORIES


The main characteristics of the Products and in particular the specifications, illustrations and
indications of dimensions or capacity of the Products, are presented on the heightrade.com website this
of which the customer must be aware before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability of stock, as specified at the time of placing the order.


These terms and conditions are available at any time on the heightrade.com website and shall prevail over any other document.
The Customer declares that he has read these GTC and has accepted them by ticking the
the box provided for this purpose prior to the implementation of the online ordering procedure of the site Heightrade.com.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes
the proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:
HEIGHT TRADE , SDN BHD

Registered at the RCS of KUALA LUMPUR, under the number 1333577-D
UNIT 2A 6TH FLOOR PLAZA SENTRAL, JALAN STESEN SENTRAL 5
Email : CONTACT@HEIGHTRADE.COM

The Products presented on the heightrade.com website are offered for sale in the following territories:

DOM-TOM
EUROPE
MOROCCO
ALGERIA
TUNISIA
MALAYSIA
In the event of an order to a country other than metropolitan France, the Customer is the importer of the
or Products concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated exclusive of tax
automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be levied.
to be payable. They will be charged to and are the sole responsibility of the Customer

ARTICLE 2 - Prices

The Products are supplied at the prices in force on the heightrade.com website, at the time of
the registration of the order by the Seller.
Prices are expressed in Euros, excluding VAT and including VAT.
The prices take into account any discounts granted by the Seller on the website
heightrade.com.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right to
right, outside the period of validity, to change the prices at any time.

The prices do not include the costs of processing, shipping, transport and delivery, which are
charged in addition, under the conditions indicated on the site and calculated prior to the
placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the Products
ordered

ARTICLE 3 - Orders

It is up to the Customer to select the Products he/she wishes to order on the heightrade.com website, according to the following procedures: The customer chooses a Product that he puts in his basket, Product that he can delete or modify before validating his order and accepting the present conditions of sale. He will then enter his details or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment by the customer according to the terms and conditions. Product offers are valid as long as they are visible on the site, within the limits of available stocks. The sale will only be considered valid after full payment of the price. It is the responsibility of the Customer to check the accuracy of the order and to immediately report any error. Any order placed on the heightrade.com website constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order. The Customer may follow the progress of his order on the website

ARTICLE 3 Bis - Customer area - Account

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit

In order to place an order, the Customer is invited to create an account (personal space). To do so, he/she must register by filling in the form that will be proposed to him/her at the time of his/her order and undertakes to provide sincere and accurate information concerning his/her civil status and contact details, particularly his/her email address. The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account. To access his personal space and order history, the Customer must identify himself using his user name and password which will be communicated to him after his registration and which are strictly personal. In this respect, the Customer shall refrain from disclosing them. Otherwise, he/she shall remain solely responsible for the use that is made of them. The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to CONTACT@HEIGHTRADE.COM. This will be effective within a reasonable time. In the event of non-compliance with the general terms and conditions of sale and/or use, the heightrade.com website will have the possibility of suspending or even closing a client's account after a formal notice has been sent by electronic means and has remained without effect. Any deletion of an account, for whatever reason, will result in the pure and simple deletion of all personal information of the client. The Seller shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance. The creation of an account implies acceptance of these general terms and conditions of sale.

ARTICLE 4 - Terms of payment

To return

The price is paid by secure payment, as follows:
- payment by credit card
- or payment by bank transfer to the Seller's bank account (the details of which are given to the Customer when the order is placed)
The price is payable in cash by the Customer, in full, on the day the order is placed.
The payment data is exchanged in encrypted mode using the protocol defined by the service provider




ARTICLE 5 - Delivery

The Products ordered by the Customer will be delivered in Metropolitan France or in the zone(s)
the following:
OTHER EUROPEAN COUNTRIES, TUNISIA, MOROCCO, ALGERIA, DOM-TOM.
Deliveries are made within ONE WEEK to the address indicated by the Customer when ordering.
his order on the site.
La livraison est constituée par le transfert au Client de la possession physique ou du contrôle du
Produit. Sauf cas particulier ou indisponibilité d’un ou plusieurs Produits, les Produits commandés
seront livrés en une seule fois.
Le Vendeur s’engage à faire ses meilleurs efforts pour livrer les produits commandés par le Client
dans les délais ci-dessus précisés.
Si les Produits commandés n’ont pas été livrés dans un délai de 15 JOURS après la date indicative de
livraison, pour toute autre cause que la force majeure ou le fait du Client, la vente pourra être résolue
à la demande écrite du Client dans les conditions prévues aux articles L 216-2, L 216-3 et L241-4 du
Code de la consommation. Les sommes versées par le Client lui seront alors restituées au plus tard
dans les quatorze jours qui suivent la date de dénonciation du contrat, à l’exclusion de toute
indemnisation ou retenue.
Les livraisons sont assurées par un transporteur indépendant, à l’adresse mentionnée par le Client
lors de la commande et à laquelle le transporteur pourra facilement accéder.
Lorsque le Client s’est lui-même chargé de faire appel à un transporteur qu’il choisit lui-même, la
livraison est réputée effectuée dès la remise des Produits commandés par le Vendeur au transporteur
qui les a acceptés sans réserves. Le Client reconnaît donc que c’est au transporteur qu’il appartient
d’effectuer la livraison et ne dispose d’aucun recours en garantie contre le Vendeur en cas de défaut
de livraison des marchandises transportées.
En cas de demande particulière du Client concernant les conditions d’emballage ou de transport des
produits commandés, dûment acceptées par écrit par le Vendeur, les coûts y liés feront l’objet d’une
facturation spécifique complémentaire, sur devis préalablement accepté par écrit par le Client.
Le Client est tenu de vérifier l’état des produits livrés. Il dispose d’un délai de #254 Délai maximal
pour… à compter de la livraison pour formuler des réclamations par EMAIL OU COURRIER,
accompagnées de tous les justificatifs y afférents (photos notamment). Passé ce délai et à défaut
d’avoir respecté ces formalités, les Produits seront réputés conformes et exempts de tout vice
apparent et aucune réclamation ne pourra être valablement acceptée par le Vendeur.
Le Vendeur remboursera ou remplacera dans les plus brefs délais et à ses frais, les Produits livrés
dont les défauts de conformité ou les vices apparents ou cachés auront été dûment prouvés par le
Client, dans les conditions prévues aux articles L 217-4 et suivants du Code de la consommation et
celles prévues aux présentes CGV.

The transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products.
The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.

ARTICLE 7 - Right of withdrawal

Given the nature of the Products sold, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded as soon as the Customer places the order in accordance with the terms and conditions set out in these GTC.

ARTICLE 8 - Seller's Liability - Warranties

The Products supplied by the Seller benefit from :

  • the legal guarantee of conformity, for defective, damaged or damaged Products that do not correspond to the order,
  • the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
« Le vendeur est tenu de livrer un bien conforme au contrat et répond des défauts de conformité
existant lors de la délivrance. Il répond également des défauts de conformité résultant de l’emballage,
des instructions de montage ou de l’installation lorsque celle-ci a été mise à sa charge par le contrat
ou a été réalisée sous sa responsabilité. »
Article L217-5 du Code de la consommation
« Le bien est conforme au contrat :
1° S’il est propre à l’usage habituellement attendu d’un bien semblable et, le cas échéant :

  • if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
  • it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for
any special use sought by the buyer, brought to the attention of the seller and which the latter has
accepted.
Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. Article 1641 of the Civil Code.
"The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known about them. Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect." Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for service or from the date the goods in question are made available for repair, if this is after the request for service. In order to assert his rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects from the moment of their discovery. The Seller shall refund, replace or repair the Products or parts under warranty that are found to be non-compliant or defective. Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts. Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and no later than 24 HOURS following the Seller's determination of the non-conformity or hidden defect. This refund may be made by bank transfer or cheque. The Seller shall not be held liable in the following cases:

  • non-compliance with the legislation of the country to which the products are delivered, which it is up to the Customer to check
  • in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear of the Product, accident or force majeure
  • The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

The Seller's warranty is, in any event, limited to the replacement or refund of the
Non-conforming or defective products.

ARTICLE 9 - Personal data

The Customer is informed that the collection of his personal data is necessary for the sale
of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the
Products. This personal data is collected solely for the purpose of executing the contract
for sale.

9.1 Collection of personal data

The personal data that are collected on the heightrade.com website are the following:

Opening an account

When creating a customer/user account:
first name, surname, date of birth, postal address, telephone number and e-mail address,
data for bank payment.

Payment

In the context of the payment of the Products offered on the heightrade.com website, the latter records
financial data relating to the Client's/user's bank account or credit card.

9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and
as of 25 May 2018 the Regulation 2016/679 on the protection of
personal data.

9.4 limitation of processing

Unless the Customer expressly agrees, his/her personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Seller shall keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Enforcement of Client and User Rights

In accordance with the regulations applicable to personal data, Clients and users of the heightrade.com website have the following rights:

  • They can update or delete their data in the following ways:

By logging into your account on the account configuration tab

  • They can delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".
  • They may exercise their right of access to the personal data concerning them by writing to the address indicated in Article 9.3 "Data controller".
  • If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".
  • They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
  • They may also request the portability of data held by the Seller to another provider
  • Finally, they may object to the processing of their data by the Seller

These rights, as long as they are not opposed to the purpose of the processing, can be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are given above. The data controller must provide a response within a maximum of one month. If the Customer's request is refused, reasons must be given. The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority. The Customer may be asked to tick a box under which he agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual Property

Le contenu du site heightrade.com est la propriété du Vendeur et de ses partenaires et est protégé
par les lois françaises et internationales relatives à la propriété intellectuelle.
Toute reproduction totale ou partielle de ce contenu est strictement interdite et est susceptible de
constituer un délit de contrefaçon.

ARTICLE 11 - Applicable law - Language

These GTC and the operations arising from them are governed by and subject to French law. These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 12 - Disputes

For any complaint, please contact the customer service department at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTC. The Customer is informed that he may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. In this case, the designated mediator is the Malaysian mediation service.

The Customer is also informed that he can also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show All disputes arising from the purchase and sale operations concluded in application of these GTCs and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

Directed to https://www.legalplace.fr