General Terms and Conditions of Sale

Applicable to individual and professional customers

1. Preamble

These General Terms and Conditions of Sale, hereinafter referred to as the “GTC”, apply to all sales made on the website www.help-humidite.com, operated by the company:

HELP HUMIDITÉ SAS
Registered office: 12 Place des Grands Hommes, 33000 Bordeaux, France
Email: help.humidite@gmail.com
Telephone: 09.53.36.34.37
Website: https://www.help-humidite.com

The HELP HUMIDITÉ website notably sells products intended to support the treatment of humidity problems in buildings, as well as anti-limescale products.

These GTC apply to individual consumer customers and professional customers, subject to the specific provisions applicable to each category of buyer.

The customer declares that they have read these GTC before validating their order. Any order validation constitutes full and complete acceptance of these General Terms and Conditions of Sale.

2. Mandatory technical recommendations – ATE / ATG products

Installation

The devices must be installed in accordance with the technical instructions provided by HELP HUMIDITÉ. Compliance with the installation instructions is necessary for the proper operation of the devices and for optimising the expected results.

The customer acknowledges having been informed that the effectiveness of the device depends in particular on the correct choice of model, its location, the configuration of the building, the actual origin of the humidity and compliance with the technical recommendations.

Stripping the walls

It is recommended to strip the lower part of the walls approximately 10 cm above the damaged area in order to allow better evaporation of residual moisture and to promote the breathability of the substrates.

This recommendation may be important when the walls are covered with blocking materials, unsuitable renders, waterproof paints or coverings that prevent natural evaporation.

Ventilation

Suitable ventilation is necessary to promote the evacuation of ambient humidity and support the gradual drying of the walls.

It is particularly recommended to provide:

1.5 cm clearance under doors in dry rooms;

2 cm clearance under doors in damp rooms;

ventilation that complies with current standards and is adapted to the configuration of the dwelling.

Insufficient ventilation may slow down the results and encourage the persistence of excessive ambient humidity, independently of the operation of the installed device.

Wall restoration

Once the walls are sufficiently dry, it is recommended to brush off any hygroscopic salts that may be present, then redo the renders with suitable materials, particularly lime-based materials, and, if necessary, with an anti-salt additive.

Finishing work carried out too early, on a surface that is still damp or loaded with salts, may lead to aesthetic or technical deterioration, without necessarily calling into question the operation of the device.

Drainage

In the event of lateral infiltration, external water pressure, waterproofing defects or underground water ingress, drainage or appropriate treatment may be necessary in order to evacuate the water before it reaches the foundations or buried walls.

ATE / ATG devices are not intended to treat infiltration, flooding, direct water ingress or structural waterproofing defects.

3. Responsibilities and warranties related to technical recommendations

The drying speed of walls and the observed results may vary depending on several factors, including:

the thickness of the wall;

its composition;

its age;

the initial level of humidity;

the actual origin of the humidity;

the coating applied;

the ventilation of the dwelling;

the possible presence of infiltration;

and compliance with the technical recommendations provided by HELP HUMIDITÉ.

The customer acknowledges that strict compliance with the technical recommendations is necessary for the proper operation of the device and for optimising results.

Failure to comply with the instructions, installation guidelines or technical recommendations may limit the effectiveness of the product and may be taken into account when analysing any complaint.

In the event of incorrect installation, improper use, incorrect choice of location, product modification, impact, damage or clear failure to comply with the technical recommendations, the commercial warranty may be excluded or limited, without prejudice to the legal warranties applicable to the consumer.

HELP HUMIDITÉ products are sold without any guarantee of results regarding the complete drying of walls or the overall treatment of humidity in the building. Results depend on many factors specific to the dwelling, its environment and the actual origin of the humidity.

This absence of a guarantee of results does not affect the legal warranties applicable to the product, including the legal warranty of conformity and the warranty against hidden defects where applicable.

4. Limits of the process

ATE / ATG devices are intended to support the treatment of humidity issues linked to rising damp, within the limits of their field of application and subject to compliance with the technical recommendations.

This process does not treat:

lateral or vertical infiltration;

direct water ingress;

flooding;

waterproofing defects;

pipe leaks;

condensation problems linked to insufficient ventilation;

mould already present;

existing deterioration of renders, paints or coverings.

These situations must be dealt with separately through works, treatments or interventions adapted to their origin.

The installation of an ATE / ATG device does not exempt the customer from identifying and treating other possible causes of humidity when they exist.

5. General recommendations

To ensure optimal use of the device, it is recommended to:

carefully read the technical instructions before installation;

choose a model adapted to the configuration of the building;

install the device in the recommended location;

strictly follow the recommendations provided;

check that the dwelling has sufficient ventilation;

separately treat infiltration, leaks, waterproofing defects or condensation problems when they exist;

contact HELP HUMIDITÉ customer service in case of doubt regarding the choice of model, location or conditions of use.

Failure to comply with these recommendations may reduce the expected effectiveness of the device and may be taken into account when analysing any complaint, without prejudice to the legal warranties applicable to the consumer.

Customer contact: help.humidite@gmail.com – 09.53.36.34.37

6. Order

The customer may place an order directly on the website www.help-humidite.com, from the online catalogue and subject to available stock.

For the order to be validated, the customer must accept these GTC, choose their delivery address, select the proposed delivery method and validate their payment method.

The sale is considered final after the order confirmation has been sent by email and after HELP HUMIDITÉ has received full payment of the price.

Any order implies acceptance of the prices, the essential characteristics of the product and these GTC.

In the event of payment default, incorrect address, product unavailability or any issue related to the order, HELP HUMIDITÉ reserves the right to suspend or block the order until the issue is resolved.

7. Prices

The prices displayed on the website are indicated in euros, including all taxes where VAT is applicable.

Delivery costs are indicated before final validation of the order and may vary depending on the country of delivery, the carrier or the chosen delivery options.

HELP HUMIDITÉ reserves the right to change its prices at any time. However, the applicable price is the one displayed at the time the order is validated, subject to product availability.

8. Payment

Order validation entails an obligation to pay.

The customer may pay for their order using the payment methods offered on the website, including:

bank card;

PayPal;

bank transfer;

cheque, if this payment method is offered.

HELP HUMIDITÉ reserves the right to suspend any order in the event of payment refusal, transaction failure, suspected fraud or payment default.

The order will only be prepared and shipped after effective receipt of payment.

9. Product availability

Products are offered subject to available stock.

In the event of unavailability of an ordered product, HELP HUMIDITÉ will inform the customer as soon as possible. The customer may then accept an additional delay, choose an equivalent product offered by HELP HUMIDITÉ, or request cancellation and refund of the order.

10. Delivery

Products are delivered to the address indicated by the customer when placing the order.

The customer is responsible for the accuracy of the information provided. In the event of an incorrect or incomplete address, or one preventing proper delivery of the parcel, reshipping costs may be charged to the customer.

Shipping times are indicated to the customer when placing the order. In the absence of a specific timeframe, delivery will take place within a maximum period of 30 days after order validation, except in cases of force majeure, stock shortage or an event beyond the control of HELP HUMIDITÉ.

In the event of a delivery delay, the consumer customer may ask HELP HUMIDITÉ to deliver within an additional reasonable period. If delivery is not made within this period, the consumer customer may request termination of the contract under the conditions provided by law.

11. Receipt of the parcel

Upon receipt of the parcel, the customer is invited to check the apparent condition of the packaging and the product.

In the event of a damaged, opened, torn, wet parcel or one showing a visible anomaly, the customer is advised to:

refuse the parcel if the damage appears significant;

or issue precise reservations to the carrier;

take photographs of the parcel and the product;

keep the original packaging;

inform HELP HUMIDITÉ as soon as possible by email at help.humidite@gmail.com.

The absence of reservations upon delivery does not deprive the consumer customer of their legal rights, including under the legal warranty of conformity where applicable.

For professional customers, any apparent transport-related anomaly must be reported to HELP HUMIDITÉ within a reasonable period and, where possible, within 3 working days following receipt, with any useful supporting evidence.

12. Delivery errors

In the event of a delivery error, missing product, product received different from that ordered, or apparent non-conformity, the customer must contact HELP HUMIDITÉ as soon as possible.

The complaint may be sent by email to: help.humidite@gmail.com.

The customer must provide:

the order number;

a precise description of the error or anomaly observed;

photographs of the parcel, the shipping label, the product received and its packaging;

any useful document allowing the complaint to be verified.

After reviewing the request, HELP HUMIDITÉ will inform the customer of the procedure to follow.

In the event of an error attributable to HELP HUMIDITÉ or a product not conforming to the order, the product may be exchanged, replaced or refunded in accordance with the applicable legal provisions.

No return may be made without the prior agreement of HELP HUMIDITÉ.

13. Right of withdrawal – Individual customers

In accordance with the provisions of the French Consumer Code, the consumer customer has a period of 14 days from receipt of the order to notify HELP HUMIDITÉ of their wish to withdraw, without having to justify their decision.

The right of withdrawal may be exercised by email at: help.humidite@gmail.com, or by any other written statement clearly and unambiguously expressing the wish to withdraw.

Simply returning the product, without a clear prior declaration of withdrawal, is not sufficient to validly exercise the right of withdrawal.

After notification of withdrawal, the consumer customer must return the product to HELP HUMIDITÉ within 14 days from sending their withdrawal request.

Direct return costs remain the responsibility of the customer, except in the event of an error attributable to HELP HUMIDITÉ or express agreement to the contrary.

The product must be returned complete, clean, in good condition, with its accessories, instructions, documents and, where possible, in its original packaging or in suitable packaging ensuring its protection during transport.

The customer is responsible for packaging the product for return transport. It is recommended to use a tracked shipping method in order to keep proof of dispatch.

HELP HUMIDITÉ may defer the refund until the returned product has actually been recovered or until proof of shipment of the product by the customer has been received.

The refund will be made within a maximum period of 14 days from the date on which HELP HUMIDITÉ is informed of the withdrawal decision, subject to the conditions provided by law.

HELP HUMIDITÉ reserves the right to apply a deduction from the refund in the event of depreciation of the product resulting from excessive handling, abnormal use, deterioration, incomplete return, or a product that is dirty, damaged or no longer allows normal resale.

14. No right of withdrawal for professional customers

The right of withdrawal provided for by the French Consumer Code does not apply to professional customers acting for the purposes of their professional activity, unless otherwise required by mandatory law or by the express written commercial agreement of HELP HUMIDITÉ.

For professional customers, any validated order is firm and final after acceptance of these GTC and receipt of payment, subject to applicable legal or contractual warranties.

15. Legal and commercial warranties

Legal warranty of conformity

Where the customer acts as a consumer, HELP HUMIDITÉ is bound by the legal warranty of conformity provided for by the French Consumer Code.

The consumer customer benefits from a period of two years from delivery of the goods to act in the event of product non-conformity.

In the event of proven non-conformity, the consumer customer may request repair or replacement of the product, according to the conditions provided by law. If bringing the product into conformity is impossible or in the cases provided by law, the consumer customer may request a price reduction or termination of the sale.

The legal warranty of conformity concerns the conformity of the product sold. It does not constitute a guarantee of results regarding the drying of walls or the overall treatment of humidity in the building.

Legal warranty against hidden defects

In accordance with Articles 1641 et seq. of the French Civil Code, HELP HUMIDITÉ is bound by the warranty against hidden defects that may affect the goods sold where the defect makes the product unfit for its intended use or so diminishes its use that the customer would not have purchased it, or would have paid a lower price, had they known of it.

It is for the customer to prove the existence of the hidden defect, its existence prior to the sale and its impact on the use of the product.

Commercial warranty

Where the product benefits from a commercial warranty indicated on its product page, this warranty applies under the conditions specified at the time of sale.

The commercial warranty covers only product malfunctions in the context of normal use in accordance with the instructions provided.

It does not cover damage linked to incorrect installation, improper use, impact, fall, unauthorised intervention, product modification, lack of maintenance where required, or failure to comply with the technical recommendations.

The commercial warranty does not constitute a guarantee of results regarding the treatment of humidity.

Any commercial warranties granted apply without prejudice to the legal warranties enjoyed by the consumer customer.

16. No-guarantee-of-results clause

HELP HUMIDITÉ products are technical devices intended to support the treatment of certain humidity issues, in particular rising damp, according to the conditions of use, installation and implementation set out in the instructions and technical recommendations.

The products are sold without any guarantee of results regarding the complete drying of walls or the overall treatment of humidity in the building.

Results may vary depending on many factors independent of the product, including:

the actual origin of the humidity;

the thickness and composition of the walls;

the coatings present;

the ventilation of the dwelling;

the existence of lateral or vertical infiltration;

the overall condition of the building;

compliance with the technical recommendations provided.

Beyond the legal withdrawal period applicable to consumer customers, no refund will be granted for simple dissatisfaction related to the expected result, except where a legal warranty applies, in the event of an error attributable to HELP HUMIDITÉ, or with the company’s express commercial agreement.

17. Customer responsibility

The customer acknowledges that the installation and use of the devices are their responsibility, unless intervention is expressly provided for and carried out by HELP HUMIDITÉ or by a professional appointed by it.

The customer undertakes to carefully read the instructions, technical recommendations and limits of use before any installation.

The customer also undertakes to separately treat any cause of humidity not covered by the devices, including infiltration, leaks, waterproofing defects, flooding, condensation or mould already present.

18. Force majeure

HELP HUMIDITÉ may not be held liable for any delay or failure to perform its obligations in the event of force majeure or an event beyond its control.

The following are notably considered cases of force majeure: natural disasters, fires, floods, strikes, transport blockages, supply shortages, communication network failures, administrative decisions or any other external, unforeseeable and irresistible event preventing the normal performance of the contract.

If the force majeure event lasts longer than three months, the parties may agree to terminate the contract.

19. Intellectual property

All elements present on the website www.help-humidite.com, including texts, images, visuals, logos, trademarks, trade names, product sheets and technical content, are protected by intellectual property rights.

Any total or partial reproduction, representation, modification, distribution or exploitation of the website content, without prior written authorisation from HELP HUMIDITÉ, is strictly prohibited.

20. Personal data

The personal data communicated by the customer is necessary for processing the order, issuing invoices, delivering products, monitoring the customer relationship and managing after-sales service.

This data may be communicated to service providers strictly necessary for the performance of the order, including payment providers, carriers, delivery services, IT, accounting or administrative service providers.

HELP HUMIDITÉ undertakes to process personal data in accordance with the applicable data protection regulations, including the General Data Protection Regulation, known as the GDPR, and the French Data Protection Act.

The customer has a right of access, rectification, erasure, objection, restriction of processing and, where applicable, a right to data portability.

These rights may be exercised by email at: help.humidite@gmail.com.

In the event of difficulty relating to the processing of their personal data, the customer may also lodge a complaint with the CNIL.

21. Cookies

The website www.help-humidite.com may use cookies or similar technologies necessary for its proper functioning, audience measurement, improvement of the user experience or, where applicable, commercial purposes.

The customer may manage their cookie preferences according to the methods provided on the website.

22. Mediation and dispute resolution

In the event of a complaint, the customer is invited to contact HELP HUMIDITÉ customer service as a priority in order to seek an amicable solution.

The complaint may be sent:

by email: help.humidite@gmail.com;

by post: HELP HUMIDITÉ SAS, 12 Place des Grands Hommes, 33000 Bordeaux, France.

In accordance with the provisions of the French Consumer Code, the consumer customer may use a consumer mediator free of charge with a view to the amicable resolution of a dispute with HELP HUMIDITÉ, provided that they have first sent a written complaint to HELP HUMIDITÉ and have not received a satisfactory response.

The appointed consumer mediator is:

Médiation Professionnelle – Médiateur de la Consommation
Alteritae
5 rue Salvaing
12000 Rodez
Website: https://www.mediateur-consommation-smp.fr

Consumer mediation applies only to disputes between HELP HUMIDITÉ and a consumer customer. It does not apply to disputes between professionals.

23. Applicable law and competent jurisdiction

These GTC are governed by French law.

In the event of a dispute, the customer shall first contact HELP HUMIDITÉ in order to seek an amicable solution.

For consumer customers, any dispute relating to the validity, interpretation, performance, non-performance or termination of these GTC shall be submitted to the competent courts in accordance with the applicable legal rules.

For professional customers acting for the purposes of their professional activity, and unless otherwise required by mandatory law, any dispute relating to these GTC shall fall under the exclusive jurisdiction of the competent commercial court within the jurisdiction of the registered office of HELP HUMIDITÉ.

24. Language of the contract

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

In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

25. Partial invalidity

If one or more provisions of these GTC are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions shall retain their full force and scope.

26. Non-waiver

The fact that HELP HUMIDITÉ or the customer does not rely on a breach of any of the obligations set out in these GTC shall not be interpreted as a waiver of the right to rely on it subsequently.

27. Amendment of the GTC

HELP HUMIDITÉ reserves the right to amend these GTC at any time.

The applicable GTC are those in force on the date the customer validates the order. Subsequent amendments shall not apply to orders already validated, unless expressly agreed by the parties or required by a mandatory legal provision.