Terms of Sales

PREAMBLE

We are pleased to welcome you to our website www.brookelynmeeler.com (hereinafter referred to as the “ Site ”).

These General Terms and Conditions of Sale (hereinafter referred to as the “ GTC ”) exclusively govern the sales of Products offered on the Site, whether the Customer accesses them via a laptop, smartphone or any other computer medium.

They are systematically accessible on this Site by the Customer at the time of registration of the Order. Consequently, the fact of placing an order implies the full and unreserved acceptance of these General Terms and Conditions by the Customer.

Any contrary condition imposed by the Client will therefore, in the absence of express acceptance, be unenforceable against the Company, regardless of when it may have been brought to its attention. The fact that the Company does not avail itself, at a given time, of any provision of these General Terms and Conditions, cannot be interpreted as a waiver of its right to avail itself of it at a later date.

The Company strives to ensure, to the best of its ability, the accuracy and updating of the information published on the Site, and reserves the right to correct its content at any time and without notice.

If a condition should be lacking, it would be considered to be governed by French customs and laws in force regarding distance selling.

CUSTOMER SERVICE

For any information, questions, or advice, our Customer Service is available by email at the following address: bonjour@brookelynmeeler.com.

GENERAL TERMS AND CONDITIONS OF SALE – BROOKE MEELER

ARTICLE 1 – PURPOSE

These General Terms and Conditions of Sale (hereinafter referred to as the “ GTC ”) govern the sale of Products, in particular shampoos, conditioners, masks, treatments and accessories, presented on the merchant site (hereinafter referred to as the “ Site ”) by the Company BROOKE MEELER (hereinafter referred to as the “ Company ”), to all non-commercial and adult natural persons exclusively (hereinafter referred to as the “ Customer ”).

ARTICLE 2 – DEFINITIONS

2.1.

Terms whose first letter appears in capital letters shall have the following meaning within the framework of these presents:

" Article "
An Article of the General Conditions of Sale

" Customer "
Any natural person, non-professional, under the introductory article of the Consumer Code, having the capacity to contract and wishing to purchase a Product marketed on the Site

" Order "
The Product(s) selected by the Customer for purchase under the conditions set out in these General Terms and Conditions

“ General Conditions of Sale ”
These General Conditions of Sale or “ GCS ”

" Instructions for use "
The recommendations and instructions provided to the Customer, relating to the use of the Product

“ Product Sheet(s) ”
The precise description of the essential characteristics of the Product appearing on the Site, including in particular the photograph, the price(s), the format(s), the available colors, the precautions for use and the INCI composition where applicable

" Notification "
Any communication which must be made under the General Terms and Conditions and must take the forms provided for in Article 12

" Parties "
The Company and the Client

" Product(s) "
As defined in Article 4, namely in particular all cosmetic products (treatments, shampoos, conditioners, masks, creams, styling jellies, oils, serums, heat protectants, styling sprays and dry shampoos) as well as accessories (silk pillowcases, sprunchies barrettes, brushes, turbans, straighteners, curling irons) and food supplements (hair vitamins, anti-hair loss products)

" Living room "
The hairdressing salon where the Company operates, located at 26 rue Franklin - 69002 LYON

“ Customer Service ” or “ Customer Service ”
As specified in Article 12

" Site "
The website published by the Company, accessible via the following URL: http://www.brookelynmeeler.com/

" Company "
The company BROOKE MEELER, represented by its legal representative, Mrs. Brooke MEELER

" Third party "
Any person, natural or legal, other than the Client and the Company

" Carrier "
The service provider selected by the Company responsible for the delivery of the Products

2.2.

In these T&Cs, the rules of interpretation defined below apply:

2.2.1. The headings are inserted exclusively to facilitate the reading of the T&Cs and have no effect on their interpretation.

2.2.2. References to defined expressions shall be understood in the same way whether that expression is used in the plural or the singular.

2.2.3. Any reference to a legal or regulatory provision means the provision as it may be modified, replaced or codified by any subsequent legal or regulatory provision, to the extent that this modification, replacement or codification is applicable or is likely to apply to the operations provided for in the GTC.

2.2.4. References to articles or paragraphs or annexes refer to the Articles, paragraphs or annexes of the GTC.

ARTICLE 3 – PRE-CONTRACTUAL INFORMATION

Pursuant to Articles L. 111-1 et seq. of the Consumer Code, the Company, as a professional, is subject to a general obligation to provide pre-contractual information to its Client.

Pursuant to Article L. 111-1 of the Consumer Code, the following information is transmitted to the Customer in a clear and comprehensible manner:

“ 1° The essential characteristics of the good or service, as well as those of the digital service or digital content, taking into account their nature and the communication medium used, and in particular the functionalities, compatibility and interoperability of the good containing digital elements, digital content or digital service, as well as the existence of any software installation restrictions;

2° The price or any other advantage provided instead of or in addition to the payment of a price in application of Articles L. 112-1 to L. 112-4-1;

3° In the absence of immediate execution of the contract, the date or period within which the professional undertakes to deliver the goods or perform the service;

4° Information relating to the identity of the professional, his postal, telephone and electronic contact details and his activities, provided that they do not emerge from the context;

5° The existence and terms of implementation of legal guarantees, in particular the legal guarantee of conformity and the legal guarantee of hidden defects, and any commercial guarantees, as well as, where applicable, after-sales service and information relating to other contractual conditions;

6° The possibility of resorting to a consumer mediator under the conditions provided for in Title I of Book VI .

Pursuant to Article R. 111-1 of the Consumer Code, “ the professional communicates the following information to the consumer :

“ 1° Its name or business name, the geographical address of its establishment and, if different, that of the head office, its telephone number and its electronic address;

2° The terms of payment, delivery and execution of the contract as well as those provided by the professional for the processing of complaints;

3° The existence and the terms of implementation of the legal guarantee of conformity mentioned in Articles L. 217-3 et seq. and Articles L. 224-25-12 et seq. of the Consumer Code, of the legal guarantee of hidden defects mentioned in Articles 1641 to 1649 of the Civil Code or of any other applicable legal guarantee;

4° The existence and terms of implementation of the commercial guarantee mentioned in Articles L. 217-21 et seq. and the after-sales service mentioned in Articles L. 217-25 et seq.;

5° If applicable, the duration of the contract or, if it is a contract of indefinite duration or tacit renewal, the conditions of its termination;

6° Where applicable, the functionalities of the digital content, including applicable technical protection measures, as well as any relevant compatibility and interoperability with certain goods, digital content or digital services as well as with certain hardware or software, of which the professional has or should reasonably have knowledge;

7° The contact details of the consumer mediator(s) to whom he reports in accordance with Article L. 616-1.

For the application of 3° and 4°, the professional uses, respectively, the terms “legal guarantee” and “commercial guarantee” when he offers the latter in addition to the legal guarantees ”.

ARTICLE 4 – PRODUCTS

4.1. Characteristics of the Products

The Products offered for sale online are those presented on the Site. They are described and reproduced by the Company on the Site with the greatest possible accuracy. The information provided on the Product Sheets includes in particular the essential characteristics of the Products (description, composition, format), the Instructions for use and their price including all taxes.

However, the Company draws the Customer's attention to the fact that the photographs on the Site are non-contractual; they cannot ensure perfect similarity with the Product offered for sale, particularly with regard to colors, patterns and dimensions. Differences may result from the color quality of the photographs, the difficulty of displaying the rendering of the materials on the screen, the configuration of the Customer's screen, its resolution, ambient light, the viewing angle of the photos, other parameters that cannot be controlled by the Company, or, without being exhaustive, technical adaptation. These differences cannot be interpreted as defects of conformity and result in the cancellation of the sale.

In the event of a manifest error or non-significant omission between the characteristics of the Product and its representation and/or description, the Company shall not be held liable.

The Customer is required to read the Product Sheets before placing an Order and then using the Product. The choice and purchase of a Product are the sole responsibility of the Customer.

4.2. Availability of Products

The Products are offered for sale within the limits of available stocks. Only the Products listed on the Site on the day it is viewed by the Customer are offered for sale.

Thus, when placing an Order, the Customer is informed of the availability of the selected Product. In the event of unavailability of a Product, the Company undertakes to inform the Customer as soon as possible by email.

It is specified that the Company does not intend to sell the Products in large quantities. Consequently, the Company reserves the right to refuse any Order from ten (10) identical items.

ARTICLE 5 – PRICE

The prices of the Products are indicated in euros (€), all taxes included (TTC), including VAT, and excluding delivery costs ( and any gift wrapping costs where applicable ), which vary depending on the country concerned. The prices indicated take into account the VAT applicable on the day of the Order. If the VAT rate were to be modified, it would be automatically reflected in the price of the Products.

The fixed amount of participation in delivery costs, which vary depending on the country concerned, is communicated to the Customer on the Order summary, before validation of the latter.

Any Order constitutes acceptance of the prices and descriptions of the Products available for sale. Any dispute on this point will be dealt with in the context of a possible “exchange/refund” as detailed below.

The Company reserves the right to modify the prices and descriptions of the Products at any time, particularly in the event of promotional offers or increases in charges, including the VAT rate, and/or in the event of a typographical or obvious input error. However, the Products will be invoiced on the basis of the prices in effect at the time the Order is recorded, except in the event of an obvious error.

If Orders have been placed at incorrect or obviously derisory prices (low prices), the Orders will be cancelled, even if they had been validated by the Company. The Company will then inform each of the Customers concerned as soon as possible, so that they are able, if they wish, to place their Order again at the corrected and exact price.

ARTICLE 6 – E-SHOP GIFT CARDS

E-shop gift cards purchased on the Site or at the Salon can be used for one (1) year, on all Products offered on the Site, upon presentation of the code received by email (for any digital gift card purchased on the Site) or upon presentation of the code on the paper gift card (for any physical gift card purchased and issued at the Salon).

Gift cards can be combined with promotional codes, but cannot be combined with each other. A gift card cannot be used to purchase another gift card. Gift cards cannot be exchanged or refunded, even partially, for any reason (including theft, loss, damage, or expiration).

ARTICLE 7 – PROMOTIONAL CODES

Promotional codes apply only to non-discounted base prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once (1) per Customer account, unless otherwise instructed by the Company. Promotional codes are not refundable upon exchange.

ARTICLE 8 – ORDER

8.1. Placing an Order

To place an Order, the Customer must enter their valid email address and the personal data marked with an asterisk, which are mandatory and necessary for processing invoices and delivering Orders.

It is important that the Customer completes the form accurately to avoid any errors or impacts in the delivery of the Product(s) ordered. The data recorded on this Site is exclusively intended for the Company or its partners, after express acceptance by the Customer under the conditions set out below.

8.2. Registration of the Order

The Customer, having taken note of the Product(s) and their characteristics, marketed by the Company, has, under his sole responsibility, and according to his needs, as he has previously determined them before any Order, made his choice on the Product(s) which are the subject of his Order. In addition, the Customer, knowing alone the Products that he owns and uses, is the sole judge of the compatibility of the Products ordered with those used by him. It is exclusively up to the Customer, if he does not consider himself sufficiently competent, to seek assistance from an advisor.

Any Customer who wishes to place an Order selects the Product(s) of their choice by clicking on “ Add to cart ”. At the end of this step, and after clicking on “ View my cart ”, a summary page corresponding to the order form appears on the screen, allowing the Customer to make any changes, then confirm by clicking on “ Confirm order ”.

To access the validation of the Order, the Customer must enter his valid email address and the personal data marked with an asterisk, mandatory and necessary for the processing of invoices and the delivery of Orders.

The Customer must also read the General Terms and Conditions of Sale and expressly accept them by checking the box provided for this purpose. The Customer has the option of downloading these General Terms and Conditions.

Any Order placed on the Site and duly validated by the Customer may no longer be cancelled. The Customer must wait for receipt and then apply their right of withdrawal ( see Article 10.1 ).

8.3. Validation of the Order/Payment

To validate the Order and proceed with payment, the Customer must enter their valid email address and the personal data marked with an asterisk, which are mandatory and necessary for processing invoices and delivering Orders.

The Customer guarantees to the Company that he/she has the necessary authorizations to use the payment method he/she has chosen for his/her Order, when registering it. The Customer, by validating his/her shopping cart, the summary order form and accepting the General Terms and Conditions, gives his/her consent to proceed to the stage of validating the Order by payment.

The price owed by the Customer is the amount indicated in euros on the summary order form which the Customer read before confirming their Order. This confirmation constitutes express acceptance of all operations carried out on the Site.

Any Order placed on the Site is paid in euros, exclusively online via one of the following payment methods: CB, Visa, Mastercard, BROOKE MEELER e-shop gift card (physical or digital), payment in 3 or 4 installments via ALMA.

In the event of payment by credit card, the Order is only taken into account after entering the credit card number, its expiry date and the cryptogram number ( 3-digit number on the back of the credit card ) for payment. This payment is subject to final validation by the GIE credit card.

In all cases, the online provision of the bank card number and the final validation of the Order will constitute proof of the entirety of the Order in accordance with the provisions of the law of March 13, 2000 and will constitute payment of the sums committed by the entry of the Products appearing on the order form.

However, in the event of fraudulent use of their bank card, the Customer is invited, as soon as they become aware of this use, to contact the police and, if necessary, file a complaint. The Company will not be authorized to transmit information to the Customer upon simple request from the latter. It may only do so upon receipt of a judicial requisition from the competent authorities.

8.4. Acknowledgment of receipt of the Order

Final validation of the Order occurs after validation of payment.

An email confirming the Order and its amount will be sent to the Customer, confirming their registration, with a summary of all the information already provided.

The sale will only be considered final after acceptance of the payment method used and receipt of the full price by the Company.

8.5. Order Tracking

The details and tracking of the delivery of each Order can be viewed at any time on the Site, by clicking on “My account”, after the Customer has identified himself with his email address and password.

If the Customer has not specifically created an account, they will not be able to track their Order directly on the Site. They will be informed by email of its delivery.

ARTICLE 9 – DELIVERY

The Company undertakes to deliver Products that comply with legal and regulatory requirements regarding safety and health.

Except in cases of force majeure or unforeseeable and insurmountable events, delivery times will be those indicated below and run from the date of confirmation of the Order. They are communicated to the Customer before any validation of the Order and payment. It is therefore the Customer's responsibility to choose the country of delivery and its delivery method when this is offered to them.

The Company takes every precaution to ensure that its packages arrive in perfect condition. However, the Customer is required to check the condition of the packaging and the conformity of the delivered Product, and to issue any reservations on the carrier's delivery slip, if applicable.

9.1. Delivery areas

Delivery to the following countries: Metropolitan France, Monaco, French overseas departments and territories, European Union (Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden, Czech Republic), United Kingdom, Switzerland, United States and Canada.

9.2. Delivery methods

9.2.1. Deliveries in Metropolitan France

Packages are delivered by choice:

  • By La Poste – Colissimo with signature, to the Customer’s home or to any other address of their choice ( to be specified in the delivery form ),
  • At Colissimo relay points in Metropolitan France,
  • Mondial Relay at collection points and at home for certain European countries

The Company processes packages from Monday to Friday. In general, all Orders in Metropolitan France are processed within two (2) to three (3) working days.

Additional delivery times are those charged by our transport partners. Generally, they do not exceed seven (7) working days (for mainland France).

Please note : during certain periods (Tucci Days, Promotional Offers, Black Friday, Sales, etc.), processing times may be longer due to the large number of packages to be processed.

9.2.2. Deliveries outside Metropolitan France

Packages are delivered by the Carrier selected by the Company, which is determined based on the destinations. Any delivery outside Metropolitan France is systematically treated as "international delivery", according to the postal rates in effect on the day the Order is placed.

Outside the European Union, customs or import taxes may be added to the price of the Products and remain the responsibility of the Customer. It is the Customer's responsibility to check their local customs office for their amount. Shipping costs are the Customer's responsibility and vary depending on the destination.

The Company processes packages from Monday to Friday. In general, any Order outside Metropolitan France is processed within four (4) to seven (7) working days.

Additional delays are those practiced by our transport partners.

Please note : during certain periods (Tucci Days, Promotional Offers, Black Friday, Sales, etc.), processing times may be longer due to the large number of packages to be processed.

9.3. Delivery Terms/Delays

All deliveries are made within a maximum of 15 (fifteen) working days following the Order date.

In the event that the delivery deadline is exceeded (except in cases of force majeure) and within a maximum period of 60 (sixty) days from the same date, the Customer may notify the delay by email via the “Contact” form on the Site. In this case, the Company will contact the postal services in order to conduct an investigation which will not exceed 30 (thirty) days.

However, the Company cannot be held responsible for a delay in delivery due exclusively to the unavailability of the Customer after several proposals for delivery slots.

9.4. Delivery costs

The flat-rate delivery charges are indicated on the Order summary.

Flat-rate delivery charges in Metropolitan France are free for any order over €149.00.

ARTICLE 10 – RIGHT OF WITHDRAWAL

10.1. Exercise of the Right of Withdrawal

In accordance with the law, the Customer has a right of withdrawal of fourteen (14) days from receipt of his Order, which he can exercise without having to justify his decision, nor to bear any costs other than those necessary for returning his Order.

To exercise this right, the Customer is required to make a return declaration expressing their wish to withdraw, via their account on the Site or if they do not have an account, from the transactional email received at the time of delivery of their Order, in accordance with Article 12.

The Products must not have been opened or used, and must be returned with the invoice.

Please note : Products returned incomplete, damaged, spoiled or soiled by the Customer will not be accepted.

10.2. Return methods

The Customer must return the Products concerned by the return, under the conditions specified in Article 11 below, within fourteen (14) days following communication of his decision to withdraw under the conditions defined in Article 10.1 above.

ARTICLE 11 – EXCHANGES / RETURNS / REFUNDS

Without prejudice to the provisions relating to the exercise of the right of withdrawal, the Company leaves its Customers free to change their minds up to thirty (30) days after the date of purchase, for any Product (in its original packaging, unopened and unused).

The Product concerned must be accompanied by its invoice.

The invoice is available on the Site, in the “My Account” section and must be printed and completed by the Customer; or via the Order dispatch email if the Customer does not have an account.

Please note : Products returned incomplete, damaged, spoiled or soiled by the Customer will not be accepted.

The Company will reimburse the Customer for the price of the Products, excluding any delivery costs that the Customer may have had to bear, within a maximum period of fourteen (14) days following receipt and registration of the Products.

The refund will be made to the payment method used.

ARTICLE 12 – NOTIFICATIONS – QUESTION/COMPLIANCE

12.1. Notifications

Any notice or communication under or in connection with these T&Cs shall be in writing and shall be (i) delivered personally against receipt or sent by (ii) mail with delivery notice to the relevant person who is to receive the notice.

Notifications should be sent to Customer Service at the following address:

A notice shall be deemed to have been duly given:

  • In the case of hand delivery, at the time of delivery against receipt;
  • In the context of an email, on the date of the distribution notice.

The Company may change the address to which notifications and copies thereof must be sent, by notifying the Client of said change as provided above.

All deadlines are clear and run from receipt of the Notifications, the date of the discharge being authentic where applicable.

12.2. Question/Complaint

For any questions about an Order, Customer Service is available to its Customers via the “Contact” section.

In the event of a dispute, the Customer must provide their Order number, as well as the exact reason for their request.

Following the resolution of a dispute, and if it is necessary to make a refund, this is made directly via the payment method used at the time of the Order (see Article 11 above).

ARTICLE 13 – PROTECTION OF PERSONAL DATA

Certain information is mandatory and necessary to process the Customer's Order. Failure to respond to a mandatory field may compromise the proper processing of said Order.

The personal information communicated is recorded in a computerized file by the Company.

The Company processes or uses the Customer's data, in particular to the extent that this is necessary to contact the Customer and ensure the processing of their Order ( see General Conditions of Use ).

The Client's personal information is kept for a period which may not exceed two (2) years, unless:

  • The Client exercises his right to delete data concerning him, under the conditions described below;
  • A longer retention period is permitted or imposed by legal or regulatory obligation.

During this period, the Company implements all means capable of ensuring the confidentiality and security of the Client's personal data, so as to prevent their damage, deletion or access by unauthorized Third Parties.

Access to the Client's personal data is strictly limited to the Company's personnel and, where applicable, its subcontractors. The subcontractors in question are subject to an obligation of confidentiality and may only use the Client's data in accordance with these contractual provisions and applicable legislation.

Except in the cases set out above, the Company undertakes not to sell, rent, transfer or give access to Third Parties to the Client's data without their prior consent, unless required to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defense, etc.).

In accordance with the French Data Protection Act of 6 January 1978, as amended, and European Regulation No. 2016/679/EU of 27 April 2016 (applicable from 25 May 2018), the Client has the right to access, rectify, transfer and erase their data, or to limit processing. They may also, for legitimate reasons, object to the processing of their data.

The Customer may, subject to the production of valid proof of identity, exercise his rights by contacting Customer Service.

If the Customer does not wish to receive/no longer receive news, invitations and solicitations from the Company (by telephone, SMS, postal mail or electronic mail), he/she has the right to indicate this to the Company by contacting Customer Service by email. The same applies if he/she does not wish to receive news, invitations or promotional offers from the Company's partners.

For any additional information or complaint, the Customer may contact the National Commission for Information Technology and Civil Liberties (more information at www.cnil.fr ). It is recalled that there is a telephone canvassing opt-out list, "Bloctel", on which the Customer may register ( www.bloctel.gouv.fr) .

ARTICLE 14 – GUARANTEES

The Products offered comply with current French legislation. All Products benefit from the legal regime of the guarantee of conformity provided for in Articles L. 217-3 et seq. of the Consumer Code, as well as the guarantee of hidden defects of Articles 1641 et seq. of the Civil Code.

14.1. Legal guarantee of conformity

Article L. 217-4 of the Consumer Code:

“ The property is in conformity with the contract if it meets, in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;

4° It is updated in accordance with the contract .

Article L. 217-5 of the Consumer Code:

“ I.- In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:

1° It is suitable for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling .

II.- However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately able to know them;

2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; or

3° That the public statements could not have had any influence on the purchasing decision.

III.- The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract .

" The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

“When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.

“The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

“The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without any major inconvenience to them.

“If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

“If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

“The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund upon return of the goods, if:

“1° The professional refuses to repair or replace the goods;

“2° The repair or replacement of the goods takes place after a period of thirty days;

"3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;

“4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

"The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in price or the termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand.

“The consumer is not entitled to cancel the sale if the lack of conformity is minor.

“Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.

“The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

"A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).

"The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund upon return of the good ."

14.2. Legal guarantee against hidden defects

The Company is liable for the guarantee against hidden defects in the item sold, under the conditions provided for in Articles 1641 et seq. of the Civil Code.

Article 1641 of the Civil Code:

" The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them ."

Article 1648 of the Civil Code:

“ The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect […].”

Pursuant to Article 1644 of the Civil Code, if the Customer decides to invoke the guarantee against hidden defects in the item sold, within the meaning of Article 1641 of the Civil Code, and only in this case, he may choose to return the Product and have the price refunded, or to keep the Product and have part of the price refunded.

ARTICLE 15 – LIABILITY

Despite the care taken with our Site, the photographs and texts reproduced and illustrating the Products presented may sometimes contain errors. In the event of receipt of a Product that does not conform to the one viewed on the Site, the Customer may exchange and/or refund it in accordance with Article 11 of the General Terms and Conditions.

The Company cannot be held responsible for non-performance of the contract concluded in the event of:

  • Out of stock or unavailability of the Product;
  • Disruption, total or partial strike, in particular of postal services or means of transport and/or communications. In this case, the Company may offer collection directly at the Salon;
  • Any case of force majeure and any other unforeseeable event or event beyond the control of the Company.

Finally, the Company declines all responsibility:

  • For any interruption of the Site, occurrence of bugs, damage resulting from fraudulent intrusion by a Third Party resulting in a modification of the information made available on the Site;
  • In the event of temporary unavailability of Customer Service and/or preventing access to the Site;
  • In the event of non-compliance by the Customer with the Product Usage Instructions.

ARTICLE 16 – INTELLECTUAL PROPERTY

Use of the Site is reserved for strictly personal use.

The content of the Site is the exclusive property of the Company and its potential partners, and is protected by French and international laws relating to intellectual property.

The Company reminds that any exploitation, reproduction, redistribution, representation, use, publication, adaptation or modification, partial or total, of any element of the Site, for any reason whatsoever, even partially, and whatever the means used, whether software, visual, textual or audio, is strictly prohibited, except with the prior, special and express authorization of the Company.

Any failure to comply with the obligations defined above, including in particular any unauthorized use of the Site or any of the elements it contains, will be punished in accordance with the provisions of the Intellectual Property Code and the Civil Code.

ARTICLE 17 – DURATION

These conditions apply for the entire duration that the Products are put online for sale by the Company.

ARTICLE 18 – RECOURSE TO THE CONSUMER MEDIATOR

As a “consumer” within the meaning of the introductory article of the Consumer Code, the Customer wishing to make a complaint to the Company must send it in accordance with Article 12.

If this attempt fails, the Customer may resort to a conventional mediation procedure, or to any other alternative method of dispute resolution, and in particular by having recourse free of charge, within one (1) year from said complaint, to the competent consumer mediator in accordance with the provisions of Title I of Book VI of the Consumer Code.

ARTICLE 19 – APPLICABLE LAW – DISPUTES

These General Terms and Conditions are subject to French law. The language used is French.

In the event of a dispute, the French courts will have sole jurisdiction.

ARTICLE 20 – MODIFICATION OF THE GENERAL CONDITIONS OF SALE

Given possible changes to the Site, the Company reserves the right to adapt or modify these General Terms and Conditions at any time. The new General Terms and Conditions will, where applicable, be brought to the attention of the Customer by online modification and will only apply to sales made after the modification.