Terms of Sales
We are pleased to welcome you to our website www.thomastuccinardi.com (hereinafter referred to as the “ Site ”).
These General Terms and Conditions of Sale (hereinafter referred to as the “ GTC ”) exclusively govern the sale of Products offered on the Site, whether the Customer has access to them via a laptop computer, a 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 Customer's full and unreserved acceptance of these GCS.
Any contrary condition set by the Customer 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 GCS, cannot be interpreted as a waiver to avail itself of it later.
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 were to be lacking, it would be considered to be governed by the French customs and laws in force with regard to distance selling.
For any information, question or advice, our Customer Service is at your disposal by email at the following address: email@example.com .
ARTICLE 1: OBJECT
These General Conditions of Sale (hereinafter referred to as the " GTC ") govern the sale of Products, in particular shampoos, conditioners, masks, care and accessories, presented on the merchant site (hereinafter referred to as the " Site ") ) by the company TTH PRODUCT (hereinafter referred to as the " Company "), to all non-commercial and adult natural persons exclusively (hereinafter referred to as the " Customer ").
ARTICLE 2 – DEFINITIONS
The terms whose first letter appears in capitals will have the following meaning in the context of the present:
" Item "
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 make the purchase of a Product marketed on the Site
" Order "
The Product(s) selected by the Customer for the purpose of purchase under the conditions provided for in these GCS
" General Conditions of Sale "
These General Conditions of Sale or “ GTC ”
" 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 colors available, the precautions for use and the INCI composition if applicable
" Notification "
Any communication that must be made under the GCS and must take the forms provided for in Article 12
" Parts "
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, hair clips, brushes, turbans, straighteners, curlers) and dietary supplements (hair vitamins, anti-hair loss products)
" living room "
The Company's Hair Salon, located 39 rue de la République – 69002 LYON
“ Customer Service ” or “ Customer Service ”
As specified in Article 12
" Website "
The Website published by the Company, accessible via the following url: http://www.thomastuccinardi.com/
" Company "
TTH PRODUCT, represented by its legal representative, Mr. Thomas TUCCINARDI
“ Third Party ”
Any person, natural or legal, other than the Client and the Company
" Transporter "
The service provider retained by the Company responsible for the delivery of the Products
In these T&Cs, the rules of interpretation defined below apply:
2.2.1. The titles are inserted exclusively to facilitate the reading of the GCS and have no effect on its interpretation.
2.2.2. References to defined expressions will be understood in the same way whether this expression is used in the plural or in 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, insofar as this modification, replacement or codification is applicable or is likely to to apply to the operations provided for in the GCS.
2.2.4. References to articles or paragraphs or annexes refer to the Articles, paragraphs or annexes of the GCS.
ARTICLE 3 – PRE - CONTRACTUAL INFORMATION
Under Articles L. 111-1 and following of the Consumer Code, the Company as a professional is subject to a general obligation of pre-contractual information to its Client.
Pursuant to Article L. 111-1 of the Consumer Code, the following information is sent to the Customer in a clear and understandable 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 comprising digital elements, digital content or digital service, as well as the existence of any software installation restrictions;
2° The prize or any other advantage procured instead of or in addition to the payment of a prize pursuant to Articles L. 112-1 to L. 112-4-1;
3° In the absence of immediate execution of the contract, the date or the deadline on which the professional undertakes to deliver the goods or to perform the service;
4° Information relating to the identity of the professional, his postal, telephone and electronic contact details and his activities, insofar as they are not apparent from the context;
5° The existence and terms of implementation of legal guarantees, in particular the legal guarantee of conformity and the legal guarantee against hidden defects, and any commercial guarantees, as well as, where applicable, after-sales service and the information relating to other contractual conditions;
6° The possibility of having recourse 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 to the consumer the following information :
“ 1° Its name or corporate name, the geographical address of its establishment and, if different, that of the registered office, its telephone number and its e-mail address;
2° The methods of payment, delivery and performance of the contract as well as those provided by the professional for the processing of complaints;
3° The existence and the methods of implementation of the legal guarantee of conformity mentioned in articles L. 217-3 and following and in articles L. 224-25-12 and following of the consumer code, the legal guarantee hidden defects mentioned in articles 1641 to 1649 of the civil code or 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 an open-ended or automatically renewable contract, the conditions for its termination;
6° If applicable, the functionalities of the digital content, including the 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, including the trader has or reasonably should 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 the terms “commercial guarantee” when he offers the latter in addition to the legal guarantees”.
ARTICLE 4 – PRODUCTS
4.1. Product Features
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 communicated on the Product Sheets mentions in particular the essential characteristics of the Products (description, composition, format), the Instructions for use and their price including VAT (all taxes included).
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, in particular with regard to colors, patterns and dimensions. The differences may result from the color quality of the photographs, the difficulty of making the rendering of the materials appear on the screen, the configuration of the Customer's screen, its resolution, the ambient light, the angle of vision of the photos, other parameters that cannot be controlled by the Company, or even, without being exhaustive, technical adaptation. These differences cannot be interpreted as lack of conformity and lead to 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 its description, the Company cannot be held liable.
The Customer is required to read the Product Sheets before placing any Order and then using the Product. The choice and purchase of a Product are the sole responsibility of the Customer.
4.2. Product Availability
The Products are offered for sale within the limits of available stocks. Only the Products appearing on the Site on the day of its consultation by the Customer are offered for sale.
Thus, when placing an Order, the Customer is informed of the availability of the selected Product. In case of unavailability of a Product, the Company undertakes to inform the Customer as soon as possible by email.
It is specified that the Company is not intended 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 if applicable ), which vary according to 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 automatically be passed on to the price of the Products.
The lump sum contribution to the delivery costs, which vary according to the countries concerned, is communicated to the Customer on the summary of the Order, and this, before validation of the latter.
Any Order implies acceptance of the prices and descriptions of the Products available for sale. Any dispute on this point will be made in the context of a possible “exchange/refund” as detailed below.
At any time, the Company reserves the right to modify the prices and descriptions of the Products, and in particular in the event of promotional offers or increased charges, including the VAT rate, and/or in the event of an error typographic or overt seizure. However, the Products will be invoiced on the basis of the prices in force at the time of registration of the Order, unless there is an obvious error.
If Orders have been placed at erroneous or obviously derisory prices (vile price), 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
The e-shop gift cards purchased on the Site or at the Show can be used for one (1) year, on all the 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 present on the paper gift card (for any physical gift card purchased and delivered at the Show).
Gift cards can be combined with promotional codes, but cannot be combined with each other. A gift card does not allow the purchase of another gift card. Gift cards are neither exchanged nor reimbursed, even partially, for any reason whatsoever (including theft, loss, deterioration or expiry).
ARTICLE 7 – PROMOTIONAL CODES
Promotional codes only apply 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 instructed otherwise by the Company. Promotional codes are non-refundable upon exchange.
ARTICLE 8 – ORDER
8.1. Placing an order
To place an Order, the Customer must enter his valid e-mail address and the personal data marked with an asterisk, which are mandatory and necessary for the processing of invoices and the delivery of Orders.
It is important that the Customer completes the form accurately in order to avoid any error or incidence in the dispatch 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 read 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) covered by his Order. In addition, the Customer alone knowing the Products 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 be assisted by counsel.
Any Customer who wishes to place an Order selects the Product(s) of his choice by clicking on “ Add to basket ”. At the end of this step, and after having clicked on " View my basket ", a summary page corresponding to the order form appears on the screen, allowing the Customer to make any modifications, then to validate by clicking on " Validate the order ".
To access the validation of the Order, the Customer must enter his valid email address and the personal data marked with an asterisk, which are mandatory and necessary for the processing of invoices and the delivery of Orders.
The Customer must also read the General Conditions of Sale and expressly accept them, by ticking the box provided for this purpose. The Customer has the option of downloading these T&Cs.
Any Order placed on the Site and duly validated by the Customer can no longer be cancelled. The Customer must wait for its receipt and then apply his right of withdrawal ( see Article 10.1 .)
8.3. Validation of the Order/Payment
To validate the Order and proceed to its payment, 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 guarantees to the Company that he has the necessary authorizations to use the method of payment he has chosen for his Order, when registering it. The Customer, by validating his shopping cart, the summary order form and accepting the T&Cs, gives his consent to proceed to the Order validation stage through payment.
The price owed by the Customer is the amount indicated in euros on the summary order form which the Customer has read before validating his Order. This validation implies express acceptance of all operations carried out on the Site.
Any Order placed on the Site is paid for in euros, exclusively online via one of the following payment methods: CB, Visa, Mastercard, THOMAS TUCCINARDI e-shop gift card (physical or digital), payment in 3 or 4 instalments via ONEY.
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 the payment. This payment is subject to final validation by the bank card GIE.
In all cases, the online provision of the bank card number and the final validation of the Order will be worth proof of the entirety of the Order in accordance with the provisions of the law of March 13, 2000 and will be worth payment of the sums committed by the seizure of the Products listed on the order form.
However, in the event of fraudulent use of his bank card, the Customer is invited, as soon as this use is observed, to contact the police and, if necessary, file a complaint. The Company will not be authorized to transmit information to the Client at the latter's simple request. It can only do so upon receipt of a judicial requisition from the competent authorities.
8.4. Acknowledgment of receipt of the Order
The final validation of the Order occurs after validation of the payment.
An email confirming the Order and its amount will be sent to the Customer confirming his registration, with a summary of all the information already communicated.
The sale will only be considered final after acceptance of the means of payment used and receipt of the full price by the Company.
8.5. Order tracking
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, he will not be able to access the tracking of his Order directly on the Site. He will be informed by email of his delivery.
ARTICLE 9 – DELIVERY
The Company undertakes to deliver Products that comply with legal and regulatory requirements in terms of health and safety.
Except in cases of force majeure or unforeseeable and insurmountable events, the 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 mode of delivery when this is offered to him.
The Company takes every precaution to ensure that its packages arrive in perfect condition. That said, the Customer is required to check the condition of the packaging and the conformity of the Product delivered, and to make any reservations on the carrier's delivery note, if applicable.
9.1. Delivery areas
Delivery in the following countries: Metropolitan France, Monaco, DOM-TOM, 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, Czechia), United Kingdom, Switzerland, United States and Canada.
9.2. Delivery methods
9.2.1. Deliveries in Metropolitan France
The packages are delivered at your choice:
- By La Poste – Colissimo with signature, to the Customer's home or to any other address of his choice ( to be specified in the delivery form ),
- In Colissimo pick-up points in Metropolitan France,
- Mondial Relay in Pick-up point and home for some European countries
The Company processes packages from Monday to Friday. In general, any Order in Metropolitan France is processed within two (2) to three (3) working days.
The additional delays are those practiced by our transport partners. Generally, they do not exceed seven (7) working days (for metropolitan 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
The parcels are delivered by the Carrier selected by the Company, which is determined according to the destinations. Any delivery outside Metropolitan France is systematically treated as "international delivery", according to the postal rates in force 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 inquire about their amount with their local customs office. Shipping costs are the responsibility of the Customer and vary according to the place of 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.
The 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 Methods/Delays
All deliveries are made within a maximum period of 15 (fifteen) working days following the date of the Order.
If the delivery deadline is exceeded (except in cases of force majeure) and within a maximum period of 60 (sixty) days from this same date, the Customer may notify the delay by email via the "Contact" form present. on the site. In this case, the Company will contact the postal services in order to carry out 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. Shipping cost
The flat-rate delivery costs are indicated on the Order summary.
Flat-rate delivery costs in Metropolitan France are offered 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 for a period of fourteen (14) days from the receipt of his Order, which he can exercise without having to justify his decision, nor to bear any other costs than those necessary to return the Order.
To exercise this right, the Customer is required to formulate a declaration of return expressing his desire to withdraw, via his account on the Site or if he does not have an account, from the transactional email received at the time of delivery. of his Order, in accordance with Article 12.
The Products must not have been opened or used, and must be returned together with the invoice.
Warning : Products returned incomplete, damaged, damaged or soiled by the Customer will not be taken back.
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 the communication of its 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.
Warning : Products returned incomplete, damaged, damaged or soiled by the Customer will not be taken back.
The Company will reimburse the Customer for the price of the Products, excluding any delivery costs that the Customer would have had to bear, and this, 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/ COMPLAINT
All notices and communications under or in connection with these T&Cs will be in writing and must be (i) delivered in person against discharge or sent by (ii) mail with notice of delivery to the person concerned who is to receive the notice. .
Notifications should be sent to Customer Service at the following address:
- The THOMAS TUCCINARDI company:
- Recipient: Customer Service
- Address: 39 rue de la République – 69002 LYON
- Email: firstname.lastname@example.org
A notice will be deemed to have been duly given:
- In the case of a personal delivery, at the time of its delivery against discharge;
- In the context of an email, on the date of the notice of distribution.
The Company may modify the address to which the notifications and their copy must be sent, by notifying the said change to the Client as provided above.
All deadlines are clear and run from the receipt of the Notifications, the date of the discharge being taken as proof, where applicable.
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 enter his Order number, as well as the exact reason for his request.
Following the resolution of a dispute, and if it is necessary to proceed with a refund, this is made directly via the means of payment 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. The absence of a response to a mandatory field is likely to compromise the proper follow-up of the said Order.
The personal information communicated is recorded in a file computerized by the Company.
The Company processes or uses the Customer's data in particular to the extent that it is necessary to contact him and ensure the processing of his Order ( see General Conditions of Use ).
The Customer's personal information is kept for a period that cannot exceed two (2) years, unless:
- The Customer exercises his right to delete data concerning him, under the conditions described below;
- A longer retention period is authorized or imposed under a legal or regulatory obligation.
During this period, the Company implements all appropriate means to ensure the confidentiality and security of the Customer's personal data, so as to prevent their damage, erasure or access by unauthorized Third Parties.
Access to the Client's personal data is strictly limited to Company staff and, where applicable, its subcontractors. The subcontractors in question are subject to an obligation of confidentiality and may only use the Customer's data in accordance with these contractual provisions and the applicable legislation.
Apart from the cases set out above, the Company undertakes not to sell, rent, assign or give access to Third Parties to the Customer's data without its prior consent, unless it is forced to do so for a reason legitimate (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).
In accordance with the law "Informatique et Libertés" of January 6, 1978 as amended and European Regulation No. 2016/679/EU of April 27, 2016 (applicable from May 25, 2018), the Customer has a right of access, rectification, portability and erasure of their data or even limitation of processing. He may also, for legitimate reasons, oppose the processing of data concerning him.
The Customer may, subject to the production of valid proof of identity, exercise his rights by contacting Customer Service.
If the Client does not/no longer wish to receive news, invitations and solicitations from the Company (by telephone, SMS, post or electronic mail), he has the option of indicating this to the Company by contacting Customer Service by email. The same applies if he 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 Commission Nationale de l'Informatique et des Libertés (more information on www.cnil.fr ). It is reminded of the existence of the “Bloctel” cold calling opposition list, on which the Customer can register ( https://conso.bloctel.fr/ ).
ARTICLE 14 – GUARANTEES
The Products offered comply with the French legislation in force. All Products benefit from the legal regime of the guarantee of conformity provided for in articles L. 217-3 and following of the Consumer Code, as well as the guarantee against hidden defects of articles 1641 and following of the Civil Code.
14.1. Legal guarantee of conformity
Article L. 217-4 of the Consumer Code:
“ The good 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, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions, which must be supplied 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 compliance with the contract, the good is compliant if it meets the following criteria:
1° It is specific to the use usually expected of a good of the same type, taking into account, if applicable, any provision 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 the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all the accessories, including the packaging, and the 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, which the consumer can legitimately expect for goods of the same type, having regard to the nature property as well as to 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 the 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 in a position 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 declarations could not have influenced the purchase decision.
III.- The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, 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 to at the conclusion of the contract . »
“The consumer has a period of two years from the 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 of its appearance.
"When the contract of sale of the goods provides for the supply of digital content or a digital service continuously for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the expected supply period. 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 of appearance of the latter.
“The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the good.
“The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without major inconvenience for him.
“If the good is repaired within the framework of 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 good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
"The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if:
“1° The professional refuses to repair or replace the good;
“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 bears the cost of taking back or removing the non-compliant good, or if he bears the cost of installing the repaired good. or replacement;
"4° The non-conformity of the good persists despite the seller's attempt to bring it into conformity which has remained unsuccessful.
“The consumer is also entitled to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the resolution of the contract being immediate. The consumer is then not required to request the repair or replacement of the good beforehand.
“The consumer is not entitled to rescind the sale if the lack of conformity is minor.
“Any period of immobilization of the good for its repair or its replacement suspends the guarantee which remained to run until the delivery of the restored good.
“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 incurs a civil fine of a maximum amount of 300,000 euros, which may be increased up to 10% of the average annual turnover. (article L. 241-5 of the consumer code).
“The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the property is kept or to a full refund against return of the property . »
14.2. Legal warranty against hidden defects
The Company is bound by the guarantee for hidden defects of the thing sold, under the conditions provided for in articles 1641 and following of the Civil Code.
Article 1641 of the Civil Code:
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them . »
Article 1648 of the Civil Code:
“ The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect […]. »
Under article 1644 of the Civil Code, if the Customer decides to bring into play the guarantee against latent defects of the thing sold, within the meaning of article 1641 of the Civil Code, and only in this case, he can 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 on 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 that viewed on the Site, the Customer may exchange and/or refund it in accordance with Article 11 of the GCS.
The Company cannot be held responsible for the 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 the withdrawal directly to the Salon;
- Any case of force majeure and any other unforeseeable or independent fact 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 leading to 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 Instructions for use of the Product.
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 sound, is strictly prohibited, except with the prior, special and express authorization of the Company.
Any breach of the obligations defined above, including in particular any unauthorized use of the Site or any of the elements it contains, will be sanctioned in accordance with the provisions of the Intellectual Property Code and the Civil Code.
ARTICLE 17 – DURATION
These conditions apply for the entire duration of the online publication of the Products for sale by the Company.
ARTICLE 18 – USE OF 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 to 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 the said complaint, to the competent consumer mediator in accordance with the provisions of Title I of Book VI of the Consumer Code.
The “consumer law” mediator thus proposed is CM2C. This mediation mechanism can be reached by:
- Email: email@example.com; Or,
- Postal way: CM2C, 14 rue Saint Jean – 75017 PARIS.
ARTICLE 19 – APPLICABLE LAW – DISPUTES
These T&Cs 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 the possible evolutions of the Site, the Company reserves the right to adapt or modify these T&Cs at any time. The new GCS will, where applicable, be brought to the attention of the Customer by online modification and will only apply to sales made after the modification.