It is hereby recalled that:
The company Hawkcell, a simplified joint-stock company with variable capital, with a minimum capital of €20,000, whose registered office is located at 28 rue Joannès Carret, 69009 Lyon, registered with the Lyon Trade and Companies Register under number 845 208 057 RCS Lyon, represented by AlphaFly SARL represented by its President, Mr. Alexis GIRIN having full powers for the purposes hereof (hereinafter referred to as "HAWKCELL") and the natural or legal person having validated the Order during the effective subscription (hereinafter referred to as the "Client").
"Terms and Conditions" or "T&C" means this document which has been freely negotiated between the Parties, it being specified that all derogatory or additional clauses accepted by the Parties will be inserted in the Order.
"Order" means the document, specifying in particular the identity of the Client and HAWKCELL, the nature of the Products provided by HAWKCELL to the Client.
"Contract" means all the contractual documents mentioned in Article 3 hereof, which aim to define the conditions governing the supply of Products between HAWKCELL and the Client.
"Data" means the data and information processed within the framework of the Contract through the Website, including personal data within the meaning of Law No. 78-17 of January 6, 1978, the General Data Protection Regulation (GDPR) or any applicable local legislation relating to the processing of personal data.
"Personal space": means a personal management interface for each Client, accessible after entering the identifier and password, and which can only be consulted by the Client.
"Product sheet": means the essential characteristics of a Product, before placing its order. Product sheets are available on the Website and on the order.
"Product" means the Product(s) appearing on the Website and detailed in the Order.
"Website" means the website accessible at the following address (hawkcell.com)
These T&C apply to any Order placed on the Website for delivery in the following areas:
The T&C are subject to express validation in the form of a checkbox by the Client during the order validation process (hereinafter referred to as "Effective Subscription").
They are also freely consultable from the Website homepage (hawkcell.com).
The action of checking the T&C box corresponds to the final, firm and unreserved acceptance of the T&C in force at the time of placing the order.
The T&C are also transmitted to Clients on a durable medium in the order confirmation email.
The Contract includes, in order of priority:
The Contract replaces any previous document or agreement between the Parties.
Any modification of the Contract must be signed by the Parties.
Any modification of the Order by the Client, accepted by HAWKCELL, may change the delivery time or the amount of the order.
Product offers are subject to stock availability.
Orders are placed by the Client online on the Website using the following ordering process:
Any order from the Client is firm and final. Consequently, any modification of the order for whatever reason will only be possible with the prior written agreement of HAWKCELL.
HAWKCELL cannot be held responsible for errors in the information relating to the order communicated by the Client.
The Client has the possibility to track their orders in the "my account" space.
The Client cannot, under any circumstances, assign the benefit of an order without the prior written agreement of HAWKCELL.
HAWKCELL recommends that the Client keep a record of the Data relating to their order on a durable medium.
Without special stipulation, deliveries to the Client's premises are made according to the order, at the Client's expense.
Each delivery is accompanied by a dated HAWKCELL delivery note, with the Contract references and details of the delivered Products.
An estimate of the Product delivery date is communicated before payment of the Product, however, the delivery time is indicative.
HAWKCELL will do its best to respect it, but only has an obligation of means.
Upon delivery, the Client must proceed with the verification of the apparent conformity of the delivered Product.
In case of apparent non-conformity of a Product, the Client must indicate their reservations on the delivery note and simultaneously inform HAWKCELL, in writing, of any alleged defect making the Product unsuitable for its use, within a period of eight (8) working days from the delivery of the Product.
The Client must make available to HAWKCELL all necessary means for the purpose of establishing the non-conformity of the Product(s) (including, but not exclusively, photos of the non-conforming Product(s)).
If the Client does not comply with the notification requirements of this clause, they are deemed to have irrevocably accepted the Product, without any reservation, and waives any claim regarding the conformity of the Product(s).
If the Client notifies the non-conformities within the prescribed period and these are verified and accepted by HAWKCELL, the non-conforming Product may then be subject to replacement.
To benefit from the replacement, the Client must, beforehand, return the non-conforming Product to HAWKCELL according to the procedure transmitted by HAWKCELL.
From the reception of the Product, custody of the latter will be transferred to the Client with all the obligations that result therefrom.
Ownership of the Products is transferred to the Client after full payment of the price.
In case of non-payment, the Products remain the property of HAWKCELL.
This ownership reservation clause remains in force until full payment of the price.
The Client must inform the concerned third parties of this clause to preserve HAWKCELL's interests.
The Client must insure the Products against risks from delivery and not resell them before this clause is lifted.
Without prejudice to the above provisions relating to ownership reservation, the Client will bear all risks of loss or damage that the Products may incur with regard to the Products, from their handover to the first carrier or from their direct availability to the Client.
The Rates are shown on the Website and in the Order.
Clients pay for their Product by credit card (Visa, Master Card, American Express) at the EFFECTIVE SUBSCRIPTION.
HAWKCELL has chosen to entrust the management of its financial transactions to the STRIPE payment solution (hereinafter referred to as the "PAYMENT SOLUTION").
Consequently, Clients must accept the terms of use of the PAYMENT SOLUTION available at the following link: (...).
The Client directly pays all taxes and duties of any kind to which they may be subject due to the operation of the service during the term of the Contract, including licenses, taxes, duties and other current and future taxes or contributions.
The Client is required to comply with laws and regulations relating to tax controls.
The Parties expressly and unreservedly agree to exclude the provisions of Article 1195 of the Civil Code.
The provisions relating to personal data are set out in the Privacy Policy available on the Hawkcell Website.
EACH PARTY IS CIVILLY LIABLE IN CASE OF PROVEN FAULT FOR DIRECT DAMAGES RESULTING FROM THE NON-PERFORMANCE OF THE CONTRACT.
NEVERTHELESS, EXCEPT FOR BODILY INJURIES OR CONSEQUENTIAL BREACHES DUE TO INTENTIONAL OR FRAUDULENT FAULT ATTRIBUTABLE TO HAWKCELL, HAWKCELL'S LIABILITY FOR ITS ERRORS, BREACHES AND/OR NON-PERFORMANCES UNDER THIS CONTRACT WILL BE LIMITED, IN THE EVENT OF PROVEN FAULT, TO ALL DAMAGES COMBINED, TO THE AMOUNT OF THE PURCHASE VALUE OF THE PRODUCT PURCHASED BY THE CLIENT FROM HAWKCELL HAVING DIRECTLY CAUSED THE DAMAGE.
THE CLIENT ACCEPTS TO ASSUME THE DAMAGING CONSEQUENCES THAT WOULD EXCEED THE AMOUNT OF THE LIMITS SET ABOVE AND WAIVES TO SEEK HAWKCELL'S LIABILITY BEYOND THIS CONTRACTUAL LIMITATION.
IT IS UNDERSTOOD BETWEEN THE PARTIES THAT THEY CANNOT IN ANY CASE BE HELD RESPONSIBLE FOR INDIRECT DAMAGES, SUCH AS PARTICULARLY ECONOMIC LOSSES (INCLUDING, IN A NON-LIMITATIVE MANNER, LOSSES OF REVENUES, PROFITS, CONTRACTS, OR EVEN COMMERCIAL LOSSES OR EXPECTED SAVINGS) AND ANY IMAGE PREJUDICE (NEGATIVE EFFECT ON IMAGE OR DAMAGE TO REPUTATION).
HAWKCELL'S LIABILITY CANNOT BE ENGAGED MORE THAN ONE (1) YEAR AFTER THE CLIENT HAS HAD KNOWLEDGE OF THE FACTS.
NOTWITHSTANDING THE FOREGOING, THE CLIENT WILL IMPLEMENT ALL THEIR MEANS, THEIR KNOW-HOW AND THEIR PROFESSIONALISM TO MAKE USE OF THE PRODUCT WITHIN THE FRAMEWORK OF THE PRACTICE OF THEIR ART BY THE PRACTITIONER(S) WHO ARE ATTACHED TO THEM. THE CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT WOULD RESULT FROM NON-COMPLIANT USE OF THE PRODUCT, WITHOUT HAWKCELL'S LIABILITY BEING ABLE IN ANY CASE TO BE SOUGHT ON THIS BASIS.
THE PARTIES DECLARE TO HAVE SUBSCRIBED WITH A NOTORIOUSLY SOLVENT INSURANCE COMPANY AN INSURANCE GUARANTEEING THE PECUNIARY CONSEQUENCES OF THEIR CIVIL AND CONTRACTUAL LIABILITY AND UPON SIMPLE REQUEST OF THE OTHER PARTY COMMITS TO COMMUNICATE TO THEM ANY INSURANCE CERTIFICATE JUSTIFYING THIS COVERAGE.
THE CLIENT BENEFITS FROM THE LEGAL WARRANTY AGAINST HIDDEN DEFECTS UNDER THE CONDITIONS PROVIDED FOR IN ARTICLE 1641 AND FOLLOWING OF THE CIVIL CODE.
THE CLIENT BENEFITS FROM A COMMERCIAL WARRANTY ON THE PURCHASED PRODUCTS INCLUDING THE REPLACEMENT OF WEAR PARTS AND RELATED LABOR ACCORDING TO CONDITIONS SPECIFIED IN THE PRODUCT SHEET FOR A DURATION OF 12 MONTHS.
THE COSTS OF REMOVAL FROM THE CLIENT AND RETURNS OF WEAR PARTS WILL BE AT HAWKCELL'S EXPENSE, SUBJECT TO ONE REMOVAL AND ONE SHIPMENT PER YEAR PER DEFECTIVE PART.
HAWKCELL'S COMMERCIAL WARRANTY DOES NOT APPLY IN THE FOLLOWING CASES:
No Party will be responsible or considered in default for any delay or failure of performance caused by events beyond its control, such as natural disasters, wars, government actions, embargos, emergencies, strikes, telecommunications failures or other unforeseen events.
The affected Party must promptly notify the force majeure event to the other Party, specify the expected duration, and exercise diligence to minimize the effects. Performance of obligations will resume as soon as reasonably possible after the end of the event.
This Contract represents the entirety of existing commitments between the Parties. It replaces and cancels any prior oral or written commitment relating to the subject matter of this Contract.
Any tolerance or waiver by a Party to apply the commitments of the Contract, whatever their frequency or duration, does not constitute either a modification of the Contract or any right.
The cancellation of one or more clauses of the Contract does not affect the other stipulations, unless the general economy of the Contract is affected.
If the execution of a clause becomes impossible, the Parties will attempt to create a new similar clause. The other stipulations will remain in force.
If the general economy of the Contract is fundamentally disrupted, the Parties may cancel the Contract in its entirety by written agreement.
The Parties declare to know and respect French regulations or any other local regulations on illicit payments, corruption, extortion, influence peddling and money laundering.
The Parties undertake to respect these regulations and to ensure their compliance by their employees and contractors.
In case of conflict of interest or independence problem during the execution of the Contract, the concerned Party will immediately inform the other Party and seek an appropriate solution. If no satisfactory solution is found, the concerned Party may terminate the Contract immediately, without penalty or compensation due to the other Party.
The Parties elect domicile at the address of their registered office indicated at the head.
They must notify any modification of registered office to the other Party. In default, the notification made to the last known registered office will be considered as validly delivered.
This Contract is subject to French law. Any dispute will be submitted to the competent courts of Lyon. The Parties will attempt to resolve their dispute amicably, through mediation or conciliation, without the absence of these attempts making a judicial request inadmissible.
Last updated: September 2025
Back to Home