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Conditions of use of sale
TERMS OF SALES
CONSUMER CUSTOMER
Article 1 - GENERAL PROVISIONS - SCOPE
1.1 These General Conditions of Sale (“the GTCS”) determine the rights and obligations of the parties in connection with the online sale of Products offered by the company HairBrushy (MaxiShop EU) (“the Company”).
1.2 Any Order placed on the HairBrushy website (MaxiShop EU) implies the prior and unrestricted acceptance of these General Conditions of Sale, which are subject to French law. These GTC are therefore an integral part of the Contract between the Client and the Company. They are fully enforceable against the Customer, who declares that they have read and accepted them, without restriction or reservation, before placing the Order.
1.3 These GTC apply to any Order placed by an adult physical person acting as a consumer. The Customer therefore certifies that he is a natural person over 18 years of age, acting for purposes which are not part of his commercial, industrial, craft, liberal or agricultural activity. He acknowledges having the full capacity to commit when he places an Order and undertakes to provide truthful elements as to his identity.
1.4 EXCLUSION: Are expressly excluded from the scope of these GTCs persons acting as professionals, that is to say natural or legal persons, public or private, who act for purposes within the scope of their commercial, industrial, craft activity; liberal or agricultural, including if they act in the name or on behalf of another professional.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The GTC applicable to each Order are those in force on the date of payment or the first payment in the event of multiple payments) of the order. The Company reserves the right to modify them at any time, by the publication of a new version on its website. These T & Cs can be viewed on the Company's website at the following address: https://hairbrushy.fr and can be downloaded in pdf format.
Article 2 - CONCLUSION OF THE ONLINE CONTRACT
2.1. Ordering process
To buy one or more Products on the site, the Customer selects each Product and adds it to his basket. Once his selection is complete, he must confirm his basket to proceed to the Order (1st click)
At this stage, the Customer is redirected to a page containing:
A summary of the selected Products, the corresponding prices, the terms and delivery costs. It is then up to him to check and possibly correct the contents of his basket.
These GTC. It is up to him to read them carefully before confirming the entire Order.
This validation of the Order after checking the basket and reading the GTC (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation to pay on his part.
The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceed to the payment of his Order.
After confirming his Order and making his payment, the Customer receives, on the email address he communicated to create his account, a confirmation message from the Company. This message contains, in pdf format:
The summary of his order (Selected product, price, terms and delivery costs);
The precise identification of HairBrushy (MaxiShop EU) and its activity;
The Order number;
The terms, conditions and the withdrawal form;
These GTC in pdf format.
In the event of non-receipt of the Order confirmation, it is recommended that the Customer contact the Company via the contact form on the site.
The Customer then receives a purchase invoice transmitted in electronic form, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.
2.2 Case of refusal of validation of the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in compliance with the GTC;
Ordered quantities not corresponding to normal use by a consumer Client;
Non-payment of a previous Order or litigation in progress concerning a previous Order;
Suspicion of fraud on the Order (supported by a bundle of consistent evidence).
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Client on the Company's websites, as well as, where applicable, information on the use of the product.
Although the Company takes reasonable care to ensure that the Specifications are accurate, said Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Consequently, the Company declines all responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The duration of the offer of the Products and their prices is specified on the Company's websites.
3.2 Availability of Products
Product offers are valid while stocks last from our suppliers. This availability of Products is normally indicated on the specific Product page.
However, insofar as the Company does not proceed to the reservation of stock (except in particular cases of Products indicated in pre-order on the Product sheet), the placing in the basket of a Product does not allow to absolutely guarantee the availability of the Product and its price.
In the event that a Product becomes unavailable after validation of the Customer's Order, the Company will immediately inform him by email. The Order will be automatically canceled and the Company will reimburse the price of the Product originally ordered, as well as any sum paid under the Order.
However, if the Order contains other Products than that which has become unavailable, these will be delivered to the Customer and the delivery costs will not be reimbursed.
Article 4 - PRODUCT PRICES
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the Product is commonly sold in a panel of stores distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price charged within the panel of brands is changed.
4.2 Modification of the prices indicated on the sites
The prices of the Products are indicated on the product description pages. They are indicated without tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation.
The Products ordered will be invoiced on the basis of the price in force on the site at the time of validation of the Order.
4.3 Product prices
Insofar as many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of Products sold through websites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated contrary. They are precisely determined on the product description pages. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Products do not include import VAT, import taxes or customs duties, which must be paid in addition and will be fully charged to the Customer, who is liable for these taxes as recipient of the product.
The prices of the Product (s) do not include the costs of packaging, packaging, shipping, transport, insurance and delivery of the Product (s) to the delivery address.
4.4 Payment of fees
The Customer is solely responsible for the process of declaration and payment of import VAT during customs clearance of the Product. He may be asked to pay import VAT. Insofar as this tax is not the responsibility of the Company, it cannot be required to reimburse this tax.
For all products shipped outside the European Union and / or French overseas departments and territories, the price is calculated net of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these rights and sums.
They will be borne by the Customer and are their responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Customer to inquire about these aspects with the corresponding local authorities.
Article 5 - PAYMENT OF THE PRICE OF THE PRODUCTS
5.1 Time of payment
Payment for the full price of the Order must be made immediately after validation of the Order.
The Company may, exceptionally, grant payment in installments, in particular with regard to the amount to be paid and the knowledge it has of the Client concerned. However, the Company has no obligation to grant such payment terms. In the event of a particular situation, the Customer may request it by contacting the Company's Customer Service at the following address info@hair-brushy.com
5.2 Payment methods
To pay for his Order, the Customer can choose between different payment methods:
Payment by credit card :
Only bank cards attached to a banking establishment located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees the Company that he has the necessary authorizations to pay with the bank card used. He expressly recognizes that the commitment to pay given by card is irrevocable and that the communication of his credit card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Bank card payments are made via a secure payment platform and the information on the bank cards communicated benefit from the SSL encryption process.
Payment via Paypal
Payment by Paypal is accepted up to a limit of € 1,000.
It is emphasized that in case of using this method of payment, the General Conditions of Use of Paypal, which are available on their site, are added to these GTC.
Payment by vouchers and / or promotional codes
Vouchers and / or promotional codes issued by the Company can be used to pay for all or part of the Order. These vouchers and / or promotional codes are only valid once. In the event of an attempted fraudulent use of vouchers and / or promotional codes, the Company may proceed to the outright cancellation of the Order.
In general, in the event of refusal to authorize payment from officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and / or cancel said Order.
The Company reserves the right to suspend at any time any of the payment methods, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a Previous order.
The Company reserves the right to set up an order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the Client may be asked to send a copy of an identity document, proof of address and a copy of the bank card used for payment by email or by post to the Company. . Precise indications on the exact content of the information requested (to preserve the confidentiality of his data) will be communicated to the Customer in the event of verification. The order will only be confirmed after receipt and verification of the parts sent.
Article 6 - DELIVERY - CUSTOMS CLEARANCE - RECEPTION
6.1 Delivery
Before the validation of the Order, the Company communicates to the Customer information concerning the different delivery methods as well as their respective prices. Following the Customer's choice of delivery method, the Company will communicate an estimate of the delivery time.
The Company will make every effort to ensure that the Product (s) is (are) delivered at the latest on the date scheduled for delivery. In case of difficulty, the Company undertakes to communicate quickly with the Customer to inform them and seek with him an adequate solution.
Air transport, shipping and / or delivery of the Product (s) will be fully covered by the Customer ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Customer when placing the Order. However, any customs fees are not included in the price invoiced to the Customer by the Company.
Depending on the methods chosen by the Customer, delivery will be made either to the address mentioned by the Customer, or if necessary, to a relay point chosen by the Customer from the list of available points. It is therefore the responsibility of the Customer to carefully check the information communicated for delivery because it remains solely responsible in the event of a delivery failure due to incomplete or incorrect information.
6.2 Customs clearance
When purchasing, the Customer purchases the product duty-free and becomes the importer of the product purchased as the recipient of the Product.
He is therefore in particular responsible for the import and customs clearance processes for the product at local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value greater than 150 €).
The Customer is solely responsible for the customs duty declaration process when clearing the Product. These customs duties, which are not invoiced to the Customer by the Company, are not the responsibility of the Company. The latter cannot therefore be held liable for the reimbursement of these rights.
6.3. Reception
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
If an anomaly is noted, the Customer must contact the Customer Service of the Company within three days (excluding holidays) following the date of receipt of the Product. Any complaint filed after the deadline cannot be processed.
Article 7 - WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the period runs from receipt of the last Product.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the Product (s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer.
7.2 Exclusions
In accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
Supply of goods made according to consumer specifications or clearly personalized;
Supply of goods liable to deteriorate or expire quickly;
Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
Concluded during a public auction;
7.3 Procedures for exercising the right of withdrawal
To exercise their right of withdrawal, the Customer must inform the Company of their intention to withdraw either by filling out the standard form, a model of which is given below, or by sending an unambiguous declaration and expressing their intention to withdraw in the 14-day period mentioned above.
Model withdrawal form:
For the attention of HairBrushy (MaxiShop EU), (name of the concerned site), Customer Service, 2105 Vista Oeste St Nw, Albuqueruqe, NM 87120.
I, the undersigned ______ hereby notify you of my withdrawal from the contract for the sale of the Product below:
Product Name:
Date of order and receipt:
Order number :
Tracking number for the withdrawal request:
Client name :
Customer address:
Signature of the Client: (only in case of notification of this form on paper
Date:
This form must be sent to the Company at one of the following addresses:
For a paper shipment, to HairBrushy (MaxiShop EU), Customer Service, 2105 Vista Oeste St Nw, Albuqueruqe, NM 87120
For electronic sending, to the address: info@hair-brushy.com
The Customer has a period of 14 days from the sending of the notification of its withdrawal to return the Product to the Company in its original packaging, the return costs being the exclusive responsibility of the Customer.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow the company to re-sell them. In the event of receipt of open, used, incomplete, damaged or soiled Products, the Company will not make any refund and may even, if it deems it necessary and adequate, engage the responsibility of the Customer for depreciation of the Product.
In the event of a return of the Product under conditions provided by law and these GTC, the Company will reimburse all of the sums paid by the Customer, including delivery costs, within 14 days of the notification of withdrawal, unless the Product will not be returned afterwards. In this case, the Company will only reimburse after receipt and verification of the condition of the returned Product.
This reimbursement will be made using the same means of payment as that used by the Customer to pay for the Order, unless expressly agreed by the Customer for another means of payment. In the event of payment by gift voucher / promotional code, the Customer will be reimbursed either by sending new gift vouchers / promotional codes for an amount identical to that paid in this form.
Article 8 - GUARANTEES
8.1 Legal guarantees
The Company remains liable for any lack of conformity of the goods in accordance with the provisions of articles L.217-4 and following of the Consumer Code as well as hidden defects of the thing sold in accordance with articles 1641 and following of the Civil Code.
When acting under the legal guarantee of conformity (as provided for in articles L.217-4 et seq. Of the Consumer Code), the Consumer Client:
Has a period of 2 years from delivery to act
May choose between repairing or replacing the Product, subject to the cost conditions provided for in article L.217-9 of the Consumer Code
Is exempt from reporting proof of the existence of the lack of conformity during the 24 months following the delivery of the goods if the Product is new, and during the 6 months following the delivery if the Product is sold second-hand.
The Customer can also decide to act within the framework of the legal guarantee against hidden defects within the meaning of article 1641 of the Civil Code, the Customer can choose between the resolution of the sale or a reduction in the price, in accordance with the article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Consumer Code
“The seller delivers goods that conform to the contract and is liable for any lack of conformity existing when they are delivered. He is also responsible for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or carried out under his responsibility. "
L.217-5 Consumer Code
"The goods comply 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 in view of the public statements made by the seller, by the producer or by 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 knowledge of the seller and which the latter has accepted. "
L.217-9 Consumer Code
"In the event of a lack of conformity, the buyer chooses between repairing and replacing the goods. However, the seller may not proceed according to the choice of the buyer if this choice results in a manifestly disproportionate cost with regard to the other modality, taking into account the value of the goods or the extent of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. "
L.217-12 Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
1641 of the Civil Code
"The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lesser price, if he had known them. "
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. […] ”
8.2 Manufacturer Guarantee
Certain Products for sale on the Site benefit from a contractual guarantee granted by the supplier or the manufacturer of the Product, to which the Company is not directly a party.
The existence of this type of guarantee is mentioned, where applicable, on the specific page of the Product.
If the Customer wishes to exercise this guarantee, he should notify the Company by contacting Customer Service and consult the terms of application of the guarantee himself, which are generally inserted in the box. regarding the Product.
It is recalled that the benefit of the Manufacturer's Guarantee does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, responsible for processing, collects a certain number of mandatory personal data (including, in particular, name, first name, delivery address, etc. which are indicated by an asterisk) which are absolutely necessary for the processing of the Order, the management of the commercial relationship, the production of statistics and compliance with legal and regulatory obligations of the Company. They are kept for 5 years from the end of the Contract.
The fact that the Customer does not communicate this information would result in the impossibility of processing his Order.
These data are intended for internal use by the Company but can be transmitted to companies which contribute to the execution of the service, including in particular those which ensure the deliveries of the Products or ensure the processing of payments.
Regarding this personal data, the Customer has several rights:
Right of access to personal data concerning him;
Right of rectification and deletion if the personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and conservation of certain data is prohibited;
Right to limit data processing, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to data processing (in particular in the event of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the storage, erasure and communication of your personal data
Right to withdraw consent to certain treatments (treatments carried out before withdrawal of consent remain lawful)
Right to file a complaint with the CNIL.
To exercise their rights, the Customer may send a request to the Company, through:
of a letter addressed to the HairBrushy Company (MaxiShop EU), 2105 Vista Oeste St Nw, Albuqueruqe, NM 87120
The request must mention the Customer's email address, their names, first names, postal address and must be accompanied by a copy of their double-sided identity document.
A response will be sent to him within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the site do not entail any transfer of intellectual property over the Products sold.
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is made through these GTC.
Article 11 - FORCE MAJEURE
The Company cannot be held responsible for any breach of its obligations hereunder in the event of a fortuitous event or force majeure which would prevent its execution. The Company will notify the client of the occurrence of such an event as soon as possible.
Article 12 - EXCLUSION OF LIABILITY
Notwithstanding any contrary provision set out herein, the Company cannot in any case be held liable in the event of loss or damage due to improper use of the Product (s) by the Customer, including in particular a modification or alteration of the / Product (s) not authorized by the Company.
Article 13 - SUSPENSION - TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GTCS, or generally the applicable legal provisions, without prejudice to any damages that the Company may request.
Anyone whose account has been suspended or closed may not order later or create a new account on the Site, without the prior authorization of the Company.
Article 14 - ARCHIVING - PROOF
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
During each Order, the Order summary is sent by email to the Customer and archived on the Company's website.
The archiving of communications between the Company and the Customer is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, on which the exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Customer and the Company. They can be produced as proof of the Contract.
The archiving of communications, of the order, of the details of the order, as well as of the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
The Customer will have access to the archived items on request at the address info@hair-brushy.com
Article 15 - INVALIDITY AND MODIFICATION OF THE GTCS
If any of the stipulations of these GTC is void, it will be deemed unwritten, but will not result in the nullity of all contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these CGV, whatever may have been the frequency and the duration, cannot be considered as modification of the CGV, nor generate a any right for the Client.
Article 16 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These T & Cs are subject to French law.
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.