Terms and conditions
1. Scope
These conditions of sale apply, without restriction or reservation to all sales concluded between, on the one hand, the company H-deux Suiso SAS, a simplified joint stock company, registered in the trade and companies register of Meaux, under number 84081287900012, whose registered office is at 24, rue du Lavoir, 77700 Magny-le-Hongre, whose intercommunity VAT number is FR15840812879, and on the other hand, any non-professional buyer (hereinafter referred to as the " Customer ”or“ Customers ”) wishing to acquire the products offered for sale by H-DEUX SUISO SAS (hereinafter referred to as the“ Products ”) via the website (hereinafter referred to as the“ Website ”). They specify in particular the conditions of order, payment, delivery and management of any returns of Products ordered by Customers. The Products offered for sale on the Website are food supplements. The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the Website. The Customer is required to read it before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Website are not contractual and cannot engage the responsibility of H-DEUX SUISO SAS.
The Customer is required to refer to the description of each Product in order to know its properties and essential features.
The contact details of H-DEUX SUISO SAS are as follows:
H-TWO SUISO SAS
BP 15
77706 Marne la Vallée Cedex 4
France
Email: contact@h-deux.com
The validation of the order by the Customer implies acceptance without restriction or reservation by the Customer of these conditions of sale. The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Website. These conditions of sale will prevail over all other general or specific conditions not expressly approved by H-DEUX SUISO SAS. These general conditions of sale are accessible at any time on the Website. The Customer declares to have read these general conditions of sale and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the Website.
H-DEUX SUISO SAS reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of placing the order by the Customer. Unless proven otherwise, the data recorded in the computer system of H-DEUX SUISO SAS constitutes proof of all the transactions concluded with the Customer. The general conditions of sale are concluded for the duration necessary for the supply of the Products.
In accordance with the Data Protection Act of January 6, 1978, the Customer has at any time, a right of access, rectification and opposition to all of his personal data by writing, by mail and by justifying his identity, at the above-mentioned address.
2. Orders
The Customer can place an order online on the website
The Customer who wishes to place an order on the Website must order according to the following methods:
create a "customer account" in which he will indicate all the requested contact details,
constitute an online "basket" by selecting all the chosen Products,
accept these general conditions of sale,
validate your order after checking it,
make the payment under the conditions provided.
Any order implies acceptance without restriction or reservation of these general conditions of sale. Any order implies acceptance of the prices and description of the Products available for sale.
The contractual information is presented in French and is the subject of a confirmation at the latest at the time of the validation of the order by the Customer.
From the moment the Customer has validated his order, he is deemed to have accepted knowingly and without reserve these general conditions of sale, the prices, volumes and quantities of products offered for sale and ordered. The sale will be considered final only after the sending to the Customer of the confirmation of the acceptance of the order by H-DEUX SUISO SAS by email and after receipt by H-DEUX SUISO SAS of the full payment. It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately. Any order placed on the Website constitutes the formation of a contract concluded at a distance between the Customer and H-DEUX SUISO SAS.
H-DEUX SUISO SAS Product offers are valid while stocks last.
When an ordered Product is unavailable and / or out of stock, the Customer is informed and is also informed of the availability period of the exhausted Product by e-mail or, in the case of an order for several Products, on the invoice. of the Products shipped. H-DEUX SUISO SAS will in no case be held liable for the unavailability of a Product.
In the event of unavailability and / or out of stock of one or more Product (s), the Customer may request a refund of the Product that is unavailable or out of stock, or a credit for the amount of the price. of the Product unavailable or out of stock to be used for a subsequent order. Only the definitive rupture of a Product from the suppliers of H-DEUX SUISO SAS results in its deletion from our sales offer. H-DEUX SUISO SAS will then remove this Product from the Website as soon as possible.
H-DEUX SUISO SAS reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Unless proven otherwise, the data recorded by H-DEUX SUISO SAS constitutes proof of all transactions made by H-DEUX SUISO SAS and its customers.
The contracts concluded between the Customer and H-DEUX SUISO SAS via the Website are archived for a period of ten years. The Customer will be able to access the archived contracts by making a request by e-mail to the following address:
or by post to the following address:
H-TWO SUISO SAS
BP 15
77706 Marne la Vallée Cedex 4
France
3. Offers and prices
H-DEUX SUISO SAS reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date. The Offers and Products are provided at the current prices appearing on the Website, when the order is registered by H-DEUX SUISO SAS.
The prices of the Products are indicated in euros, all taxes included, and do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order, packaging and processing of the order.
Promotional offers are valid for the period of validity they mention and as long as they are displayed on the Website, as well as within the limits of available stocks. Orders can only be accepted if the prices mentioned are in accordance with those of the current offer.
The price is payable in cash, in full and in a single payment on the day the order is placed by the Customer, by secure payment. At no time can the sums paid be considered as a deposit or down payment. No cash on delivery will be accepted, for any reason whatsoever. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the selling price of the Products.
All orders are invoiced in euros and payable in euros.
H-DEUX SUISO SAS reserves the right, in the event of non-compliance with the terms of payment, to suspend or cancel the delivery of orders in progress made by the Customer.
4. Delivery
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
4-1. Costs of making the Products available
For each order, a flat-rate contribution to the costs of provision is requested which includes the shipping costs, packaging and processing of the order. The flat-rate contribution is indexed to the delivery method chosen by the Customer when the order is placed and invoiced by zone.
(Valid for the main offers accessible from the Website, excluding specific offers intended only for metropolitan France, accessible via advantage codes, advertising inserts or emailings)
Delivery by Colissimo and SoColissimo
The participation in the shipping costs is inclusive of VAT.
In order to reduce transport costs, all products of small or medium size are sent by the Colissimo Monitoring service of La Poste, which undertakes to deliver within forty-eight (48) hours throughout France and offers the possibility the Customer to collect the products ordered at the post office near the delivery address in the event of absence from the initial place of delivery when the postman is presented. If the Customer is absent on the day of delivery, the postman leaves him a calling card in his letterbox, which will allow him to collect his package at the post office during opening hours, within fifteen days. The Customer is able to follow his order thanks to the Colissimo number which is sent to him by email on the day of shipment of his order.
For reasons of availability, an order can be delivered in several times to the Customer. The customer only pays for one delivery.
4-2. Product delivery times
H-DEUX SUISO SAS undertakes to make its best efforts to deliver the Products ordered by the Customer as soon as possible. However, if the Products ordered have not been delivered within thirty (30) days after placing the order, the Customer must inform H-DEUX SUISO SAS as soon as possible, by telephone or by email. H-DEUX SUISO SAS will contact the carrier so that the latter can carry out an investigation, which may last up to twenty-one (21) days. If the Products are found, they will be returned to the Customer's home. If the Products are not found at the end of the investigation, the Products will be deemed lost and H-DEUX SUISO SAS will then be able to return replacement Products to the Customer, at no additional cost to the Customer. If the Products ordered were no longer available, H-DEUX SUISO SAS will reimburse the amount of the Products deemed lost. If the Products are still available, but have changed their selling price on the Website, H-DEUX SUISO SAS will apply the new selling prices, either by reimbursing the difference by bank check, or by requesting an additional bank check from the Customer of amount of the price difference.
In any event, if the Products have not been delivered within ten (10) days after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be canceled. at the written request of the Customer under the conditions provided for in Articles L. 216-2 to L. 216-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or withholding.
4-3. Delivery address
The Products are delivered to the address indicated by the Customer when placing the order. The Customer must ensure its accuracy. Any package returned to H-DEUX SUISO SAS because of an incorrect or incomplete delivery address will be reshipped at the Customer's expense and H-DEUX SUISO SAS cannot be held responsible for the impossibility in which it may be to deliver the order. . If the Customer wishes to be delivered to two separate delivery addresses, he must place two separate orders, with the related delivery costs.
4-4. Receipt of order
Upon receipt of the order, the Customer is required to check the condition of the Products delivered. In the event of apparent defects, the Customer benefits from the right of return under the conditions provided for by these general conditions.
Any anomaly concerning the delivery (ie; Missing or damaged products, damaged packages) must imperatively be indicated, first of all, on the delivery note and in the form of handwritten reservations accompanied by the signature of the Customers with the carrier. Secondly, any anomaly must be notified as soon as possible after receipt of the Products to H-DEUX SUISO SAS:
by regular mail to the following address: H-DEUX SUISO SAS, BP 15, 77706 Marne la Vallée Cedex 6, France;
by email at the following address: contact@h-deux.com;
This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery slip.
H-DEUX SUISO SAS reserves the right to ask the Customer to return the damaged Product (s). In the event of abnormal or abusive returns, H-DEUX SUISO SAS reserves the right to refuse to honor any subsequent order from the Customer.
Damaged parcel
If the Customer notices at the time of delivery of his parcel to be delivered against signature that it is damaged, he can choose to refuse the parcel which will then be returned directly to H-DEUX SUISO SAS or receive the parcel while reporting the deterioration of its packaging.
If the Customer finds that the packaging of his parcel to be returned to the letterbox is damaged, he may, provided that the parcel has not been opened, refuse the parcel by returning it to the post office, no later than business day following its distribution.
The Customer can consult the terms and conditions for returning damaged packages directly on the La Poste website in clicking here .
Returns under the reason "NPAI"
Returns under the reason "NPAI" correspond to packages returned by the service provider responsible for delivery under the mention: "Does not live at the Address Indicated". After receipt and acceptance of the returned package by H-DEUX SUISO SAS services, a credit for the total amount of the order, postage deducted, will be credited to the Customer's customer account within forty-eight (48) hours of receipt. of the parcel by H-DEUX SUISO SAS. The Customer can then place his order again, ensuring the accuracy of the delivery address provided.
Returns under the reason "unclaimed"
Returns under the “unclaimed” reason correspond to packages which have not been claimed by Customers at the Post office or at the merchant chosen by the customer when ordering within fifteen (15) days from the notice of passage. After receipt and acceptance of the returned package by H-DEUX SUISO SAS services, a credit for the total amount of the order, postage deducted, will be credited to the Customer's customer account within forty-eight (48) hours of receipt. of the parcel by H-DEUX SUISO SAS. The Customer can then place his order again.
4-5. Orders delivered outside the European Union
Orders shipped to countries outside the European Union, including Switzerland and Norway, are tax free. Taxes are to be paid by the Customer upon receipt of the package, according to the laws in force in the country of destination. It is the Customer's responsibility to obtain information from the local authorities on customs duties, local taxes and other import duties that may be claimed from him, these rights not falling under H-DEUX SUISO SAS.
The Products marketed by H-DEUX SUISO SAS comply with French regulations. It is therefore up to the Customer to inquire with the local authority of his country of any restrictions on the importation and use of the Products ordered.
H-DEUX SUISO SAS cannot be held responsible for the purchase of a Product considered to be non-compliant in a given country, even though this Product complies with French regulations.
5. Right of withdrawal
Pursuant to the provisions of Article L. 221-19 of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the order to exercise his right of withdrawal from H- DEUX SUISO SAS, without having to justify reasons or to pay a penalty, at the end of reimbursement, provided that the Products are returned in their original packaging, complete (ie; accessories, instructions) and in perfect condition, allowing a new marketing. Damaged, soiled or incomplete Products will not be taken back. The Products must be returned within fourteen (14) days following notification to H-DEUX SUISO SAS of the Customer's decision to withdraw. This period begins to run at the beginning of the first hour of the first day and ends at the expiration of the last hour of the last day of the period. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.
The Product in its original packaging (unopened) must be sent to the following address:
H-TWO SUISO SAS
BP 15
77706 Marne la Vallée cedex 4
France
The Customer must accompany his package with the withdrawal form below or any other unambiguous declaration expressing his desire to withdraw:
H-TWO SUISO SAS
BP 15
77706 Marne la Vallée cedex 4
France
I hereby notify the withdrawal of the contract relating to the order of the Products below:
- Order from: ………… ..
- Order number: ………… ..
- Client name : …………………….
- Customer's address: ………………………… ..
[Client's signature]
It is advisable to return the package by tracked mail, in the event that it is lost during the mailing, the responsibility of H-DEUX SUISO SAS cannot be engaged in this respect.
6. Refund
In the event of non-receipt of the order within the aforementioned delivery times, for any reason other than force majeure or the Customer's fault, the sale may be canceled at the Customer's written request, under the conditions provided for in Articles L. 216 -2 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract by the Customer, to the exclusion of any compensation or withholding.
In the event that the Product ordered is unavailable, the Customer who has opted for reimbursement will be reimbursed for the sums paid no later than thirty (30) days after their payment.
In the event of exercise of the right of withdrawal within the period referred to in article 5, only the price of the Product (s) purchased and the delivery costs are reimbursed, the return costs remain the responsibility of the Customer. The Customer will be reimbursed within fourteen (14) days of receipt of the Products by H-DEUX SUISO SAS.
The refund will be made according to the payment method used by the Customer when ordering.
H-DEUX SUISO SAS reserves the right to cancel and refund all orders made by a professional.
7. Payment terms
It is an order with obligation of payment, which means that the placing of the order implies a payment of the Customer.
To pay for his order, the Customer will use the bank card via a payment service made available to him by H-DEUX SUISO SAS
The Customer guarantees to H-DEUX SUISO SAS that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. H-DEUX SUISO SAS reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment. H-DEUX SUISO SAS reserves the right in particular to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. administration.
H-DEUX SUISO SAS does not keep personal or financial information in its database when processing the Customer's payment.
Payment by credit card
Payment by credit card is made directly online through a secure transaction, with the Stripe system.
When the Customer orders on the Website, the debit from the credit card is made immediately according to the following methods:
the Customer indicates in the zone provided, the number of his bank card, without space between the figures, its date of validity, as well as the last three digits of the pictogram on the back of the card.
The debit of the credit card is generally made at the time of shipment of the order.
8. Transfer of ownership - Transfer of risk
The transfer of ownership of the Products of H-DEUX SUISO SAS, to the benefit of the Customer, will only be carried out after full payment of the price by the Customer, regardless of the delivery date of said Products.
Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and damage relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of H-DEUX SUISO SAS.
9. Liability
The Products sold on the Website comply with the regulations in force in France.
The Products supplied by H-DEUX SUISO SAS benefit as of right and without additional payment, regardless of the right of withdrawal:
the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code, for Products that are apparently defective, damaged or damaged or do not correspond to the order;
the legal guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code, resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use.
Article L. 217-4 of the Consumer Code:
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. "
Article L. 217-5 of the Consumer Code:
"The good is in accordance with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° or if it has the characteristics defined by mutual agreement by 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 L. 217-12 of the Consumer Code:
“The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Article 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or would have given a lower price, if he had known them. "
Article 1648 of the Civil Code:
“The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect. "
In order to assert his rights, the Customer must inform H-DEUX SUISO SAS, in writing, of the non-conformity of the Products within a maximum period of two (2) years from the delivery of the Products or the existence of the defects. hidden within a maximum period of two (2) years from their discovery.
The Customer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than thirty (30) days following the finding by H-DEUX SUISO SAS of the lack of conformity or the hidden defect. Reimbursement will be made by credit to the Customer's bank account or by check sent to the Customer.
The responsibility of H-DEUX SUISO SAS can not be engaged 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 verify;
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The guarantee of H-DEUX SUISO SAS is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.
10. Intellectual property
All trademarks, photographs, texts, comments, illustrations, images, animated or not, video sequences, sounds, as well as all computer applications that could be used on the website and more generally all the elements reproduced or used on the site are protected. by the laws in force on intellectual property.
They are the full and entire property of H-DEUX SUISO SAS or of its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of H-DEUX SUISO SAS, is strictly prohibited. The fact that H-DEUX SUISO SAS does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution. Any single link or hyperlink is strictly prohibited without the express written consent of H-DEUX SUISO SAS.
11. Personal data
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular. These data may be communicated to any partners of H-DEUX SUISO SAS responsible for the execution, processing, management and payment of orders.
H-DEUX SUISO SAS undertakes not to disclose to third parties the information communicated by Customers and visitors to the Website. These are confidential. They will only be used by the internal departments of H-DEUX SUISO SAS for order processing and to strengthen and personalize communication, in particular through information letters and e-mails as well as within the framework of the personalization of the Website. according to the observed preferences of the users.
The processing of information communicated through the Website has been declared to the CNIL.
The Customer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the Website.
The Customer is informed that during his visits to the Website, a cookie may be automatically installed on his browser software. The cookie is a block of data which does not allow the Customer to be identified as a user but which allows information relating to his browsing on the Website to be recorded. To place an order on the Website, the Customer must accept cookies. The Customer can deactivate cookies, in which case he will be able to access the Website but will not be able to place an order on the Website. The procedures for disabling cookies, depending on the browser software used by the Customer, are available on the CNIL website. http://www.cnil.fr .
12. Applicable law - Settlement of disputes
These general conditions of sale and the operations resulting from them are governed and subject to French law, to the exclusion of the Vienna Convention. In the event of a dispute or complaint, the buyer will first contact H-DEUX SUISO SAS to obtain an amicable solution.
ALL DISPUTES TO WHICH THE PURCHASE AND SALE OPERATIONS CONCLUDED IN APPLICATION OF THESE GENERAL CONDITIONS OF SALE MAY GIVE RISE, CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR PERFORMANCE, THEIR TERMINATION, THEIR CONSEQUENCES AND THEIR FOLLOW-UP AND WHICH HAVE NOT BEEN FOLLOWED. TO BE RESOLVED BETWEEN THE SELLER AND THE CUSTOMER WILL BE SUBJECT TO COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission for Consumer Mediation, in accordance with Article L. 612-1 of the Consumer Code, or with existing sectoral mediation bodies, the references of which are given below, or to any alternative dispute resolution method (ie conciliation) in the event of a dispute.
Contact details of the competent sectoral mediation bodies:
the mediator of Cooperative and Associated Trade:
Cooperative Trade Mediator and Partner
FCA
77 rue de Lourmel
75015 Paris
Phone. : 01 44 37 02 00
the e-commerce mediator of the Federation of e-commerce and distance selling (FEVAD):
FEVAD e-commerce mediator
60 rue la Boétie
75008 Paris
Phone : 01 42 56 38 86
MEDICYS (Mediation and cyber-services center):
Medicys
73 Boulevard de Clichy
75009 Paris
http://www.medicys.fr/index.php/consommateurs/
13. Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
14. Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to Customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts longer than three (3) months, these general conditions may be terminated by the injured party.
15. Pre-contractual information - Customer acceptance
The Customer acknowledges having had communication, prior to placing his order, in a readable and understandable manner, of these General Conditions and all the information and information referred to in Articles L. 111-1 to L. 111-8 of the Code. consumption, and in particular:
the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
the price of the Product and its ancillary costs;
in the absence of immediate execution of the contract, the date or the deadline at which H-DEUX SUISO SAS undertakes to deliver the Product;
information relating to the identity of H-DEUX SUISO SAS, its postal, telephone and electronic contact details and its activities, provided that it does not appear from the context;
information relating to legal guarantees and their implementation methods;
the functionalities of the digital content and, where applicable, its interoperability;
the possibility of resorting to conventional mediation in the event of a dispute;
information relating to the right of withdrawal.
The fact, for a natural or legal person, of ordering on the Website implies full and complete acceptance and acceptance of these general conditions of sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular , to take advantage of any contradictory document, which would be unenforceable against H-DEUX SUISO SAS.