Last update on 04.12.2022
Welcome and thank you for your confidence. You will find below the general conditions of sale applicable to the site Kentyns Hair. Please note that Kentyns Hair provides its customers and users of its site a customer service which can be contacted according to the following terms:
By email to the address: contact@kentyns.com From 9 a.m. to 6 p.m. Monday to Friday the time of Switzerland.
Definitions
The terms accompanied by a capital letter refer to the following definitions:
The website " designate Kentyns Hair whose headquarters are located in Switzerland, registered as a sole proprietorship whose number is CHE-142.733.238.
The "site" designates the accessible Internet site (s) from the URL linkhttps://kentyns.com And all the sites published by the company to present and sell its products.
The user " designates any person sailing on the site.
The product "designates any type of material material sold online on the site, and in particular (hair, accessories, etc.).
The command "designates any purchase of a product by the customer from the company via the site.
The customer "designates the natural or legal person, professional or not, buying a product from the company on the site.
The " Terms of Sales "Or" CGV "designates these general conditions of sale, applicable within the framework of the contractual relationship between the company and its customers, who include the confidentiality policy possibly available on the site and any element of the site to which they expressly refer.
"Identifiers"Designates the username and password provided by the company to the customer so that it can access, via the site, its personal space.
The partner "designates any professional partner with whom the company maintains a business relationship or to whom the company can call in the sale of a product and to whom the customer could be returned within the framework of his order.
2.1. Object. The present CGV govern the sale of any product to a user on the site, which includes the conditions of use of the site made available by the company.
2.2. Ability. Any use of the site to place an order requires acceptance and respect for all the terms of these CGV. The Customer declares that they are of age and able to contract under the law of his country or declare, under a valid mandate, the person for which he makes the order.
2.3. Access to GTC. The CGV are accessible at any time on the site and prevail, if necessary, on any other version, previous or future. They take effect from their date of update indicated at the top of the present. The CGV Apply to the exclusion of all other conditions, and in particular those applicable for sales by means of other distribution and product marketing circuits.
2.4. Acceptance of GTC. The Customer declares that they have read the CGV And having accepted them before any order, which implies unreserved membership in these general conditions of sale.
By this acceptance, the Customer recognizes that, before any order, he benefited from sufficient information and advice from the company on the site, allowing him to ensure the adequacy of the content of his order to the needs Who are his. The present CGV constitute all of the rights and obligations of the parties within the framework of their contractual relationship.
Unless otherwise proof, the data recorded by the site constitutes proof of all the facts, acceptance and transactions.
2.5. Scope of GTC. The customer can request a copy of the version of CGV applicable to his order at any time. No specific condition, at the customer's initiative, can be added and/or replace these. The company reserves the right to provide special conditions for the sale of certain products, special offers, special guarantees, etc. which are provided to the customer before the order. The fact for the company, at a given time and for any reason whatsoever, not to claim a breach by the customer in any of the obligations contained in these, cannot be interpreted as a renunciation of Take advantage of it for the future.
The customer can refer to the presentation of the product on the site, which is subject to a summary in their order page and in the confirmation email. The customer is expressly warned that any product offer is likely to evolve. Only the product described when ordering is due to the customer.
Products governed by CGV are described and presented with the greatest accuracy possible. However, if errors or omissions have been able to occur as for this presentation, the responsibility of the company cannot be engaged unless it is a substantial element of the product in question. The product purchased by the customer is provided in its up -to -date version on the date of purchase.
3.1. Majority. The customer guarantees the company that he is of age and that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order.
3.2. Order on the site. After selecting the product he wishes to buy on the site, the user is directed to an order page on which he provides his personal contact details (name, first name, email, postal address, telephone number) and, if applicable , all the necessary and exact information and contact details to allow the delivery of the product and the invoicing of the order. The user selects payment terms (single payment or in several times, payment method) depending on the possibilities offered by the company.
3.3. Verification of information. The customer is solely responsible for the accuracy of the information provided and guarantees the company against any false identity. The Customer cannot hold responsible the company with a breach resulting from the inaccuracy or falsity of the information provided at the time of the order, which will be used to deliver the product. The Customer must ensure that he can actually receive the package at the address entered, depending on the delivery times indicated during the order.
3.4. Payment obligation. Any order reaching the company is deemed to be firm and final, leads to membership and full acceptance of these CGV under the conditions provided, and obligation to pay any product ordered.
3.5. Electronic signature The online supply of the Customer's bank details and the final validation of the order will be worth proving the customer's agreement and will be worth:
- Due to the sums due for the order;
- Signature and express acceptance of all operations carried out.
3.6. Confirmation of the order. After reading and accepting the CGV By checking the box provided for this purpose, the customer is directed to a summary page of his order, on which he provides his bank details before validating his payment. It is up to the customer to check the summary information of his order and to correct it if necessary, before validating the payment of the order. This second click definitively confirms the customer's order.
3.7. Order confirmation. The Customer receives a confirmation and summary email of his order as soon as payment is effectively validated by the company or his payment service provider. The customer must have an electronic mailbox for shipping and functional reception. Otherwise, he cannot receive written confirmation from his order at the email address entered, nor receive the summary email from his order.
3.8. Proof of the transaction. Computerized registers, kept in Company's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as proof.
4.1. Applicable prices. The ordered product is sold at the prices in force appearing on the site when registering the customer's order by the company.
For sales within the European Union, prices are indicated and take into account the VAT applicable on the day of the order. Any change in the applicable rate of VAT will be automatically reflected in the price of products. Unless otherwise stated, the prices indicated on the site are provided all taxes included.
In the event of an international sale from third countries to the European Union, as indicated during the sale, all customs duties and various taxes required, are the responsibility of the customer and fall under their sole responsibility. It is up to the professional customer to carry out any useful verification and to comply with their tax obligations. The company cannot assume any responsibility for this reason and the customer is solely responsible.
In the event of an international sale from third countries to the European Union as indicated during the sale:
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For orders whose value is greater than 150 euros: All customs duties and various taxes due are the responsibility of the customer and fall under their sole responsibility. It is up to the professional customer to carry out any useful verification and to comply with their tax obligations. The company cannot assume any responsibility as such, the Customer is solely responsible.
- the prices are indicated in euros and take into account the VAT. The latter will be invoiced and collected by the company. Any change in the applicable rate of VAT will be automatically reflected in the price of products. Unless otherwise stated, the prices indicated on the site are provided all taxes included.
4.2. Exigibility of sums. The validation of the order makes all the sums due for it. By validating his order, the Customer authorizes the Company (or his partners, payment service providers) to send instructions to his bank to debit the bank account whose contact details have been informed by the Customer, according to any deadlines indicated in the Order Summary.
4.3. Payment method. To pay his order, the Customer has, at his choice, all the payment methods made available to him by the company and listed on the site (in particular: Paypal, Stripe, Twint).
The Customer chooses the method of withdrawal with the proposed payment systems and services which are secure services provided by third parties to the company subject to own contractual conditions on which the company does not exercise any control - in particular as an indication for Stripe ( https://stripe.com/payment-terms/legal), Paypal (https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full?locale.x=fr_FR) Where Twint (https://www.twint.ch/fr/conditions-dutilization-de-lapp). In this case, payment is made by direct debit Separate Or from the bank card information communicated, depending on the payment method offered by the payment service provider and the customer's choice. The company reserves the right to use service providers of payment of its choice and to change it at any time.
4.4. Debit authorization. By communicating his bank information when ordering, the Customer authorizes the company to debit the account of the amount of the price indicated on the site for the corresponding product.
4.6. Special offers and discount vouchers. The company reserves the right to offer launching offers limited in time, promotional offers or price reductions on its products and to revise its offers and prices on the site at any time, under the conditions provided by law. The applicable prices are those in force at the time of the customer's order, which cannot claim other prices, previous or after their order. The coupons can be subject to special conditions and are in any event strictly personal to their beneficiary and usable once.
4.7. Payment Incident - Fraud. The company reserves the right to suspend any treatment of the order and any delivery in the event of refusal of authorization to pay by bank card on the part of the organizations officially accredited or in the event of non-payment. The Company reserves in particular the right to refuse to honor an order emanating from a Customer who would not have fully or partially settled a previous order or with whom a payment dispute would be in progress.
The company may contact the Customer to ask him for additional documents to execute the payment of the order. The company can rely on the information issued by the order analysis system. The supply of the documents requested is necessary to confirm the order by the company. In order to fight against the fraud to the credit card, a visual verification of the means of payment can be carried out by the company before delivering the product. In the event of fraudulent use of his bank card, the Customer is invited, as soon as this use is noted, to contact the company, and this without prejudice to the procedures to be carried out by the customer with his bank.
4.8. Default or delay in payment. The interests and penalties provided by law apply in the event of a default or delay in payment of the consumer or professional customer.
5.1. Availability of stocks. The products are offered for sale and delivered within the limits of available stocks. In the event of unavailability of the ordered product, the company immediately informs the customer and can offer him a product of quality and an equivalent price or, failing that, proceed to the order if the customer is a consumer. Apart from the reimbursement of the price of the unavailable product, the company is not required for any cancellation compensation, unless the non -performance of the contract is personally attributable to it.
5.2. Carrier. Deliveries are provided by an independent carrier, to the address mentioned by the Customer when ordering and at which the carrier can easily access. Unless otherwise stated on the site at the time of the order, the carrier applies its own general transport conditions.
For sales requiring it, the carrier is authorized to represent you for the collection and payment of VAT and customs duties.
5.3. Reserve of ownership and risk transfer. The company remains the owner of the products sold until the full payment of the price and the customer is committed, as long as the property is not transferred to him, to take all the precautions useful for the proper conservation of the products. Except in the event that the full payment of the price has not been collected to the order, the ownership of the product is transferred to the customer upon delivery. Any risk of loss or damage to a product is transferred to the customer when the latter or a third party designated by him (for example, a withdrawal point, a concierge, etc.) and other than the carrier offered by the Company, physically takes possession of it. In any event, when the Customer entrusts the delivery of the property to a carrier other than that proposed by the company, the risk of loss or damage to the product is transferred to the Customer when he is given to the carrier.
5.4. Delivery time. Unless otherwise stated on the site at the time of the order and/or on the order page and unless the law authorizes a longer period, the company undertakes to deliver any product within a period of 30 days after receipt of the order. The delivery times indicated during the order may be longer and vary given the delivery contingencies of the postal services and any unpredictable event and outside the company or the carrier (e.g. strike).
5.5. Late delivery. When the ordered product is not delivered on the date or expiration of the period mentioned on the order form or provided for in the GTC, the Customer may, after having enjoined the Company to execute his delivery obligation in a Reasonable additional time, resolve the contract by registered letter with request for acknowledgment of receipt or by writing on another sustainable medium. The contract is considered to be resolved upon receipt by the company of the letter or the writing informing it of this resolution, unless the company has been executed in the meantime. When the contract is resolved under these conditions, the company reimburses the customer for all the sums paid, at the latest within fourteen days of the date on which the contract was denounced.
Unless the law has it otherwise, and unless otherwise provided, the overruns of delivery time cannot give rise to damages or compensation of any kind whatsoever. The company reserves the right to send the customer's dispute to the carrier in charge of delivery, which may, if necessary, be required to request more information from the customer concerning the delay reported.
5.6. Place of delivery. The products are delivered to the delivery address provided by the customer when ordering. The customer will not be able to modify the delivery location after the order. The company may provide a delivery by direct discount to the delivery address or withdrawal point. In the event of an epidemic or any other health risk, the package may be deposited in front of the building of the delivery location (contactless delivery). It may be requested any supporting part of unpurpted identity prior to the delivery of the product. Within fourteen days from the notice of provision (passing notice, notice of availability in withdrawal, etc.), the customer must withdraw the product ordered. In the absence of withdrawal of the product within the time and conditions indicated, the order will be canceled and the transport costs charged to the customer.
5.7. Product State. When the product is delivered to the address indicated by the customer when ordering by a carrier, it is up to the customer to check in the presence of the delivery man the state of the product delivered and, in the event of damage or incomplete delivery, D 'Emit reservations on the delivery slip or on the transport receipt, and possibly refuse the delivery of the product to the delivery man directly.
6.1. Time limit. The Customer has a right allowing him to retract without giving a reason within fourteen days, for all or part of the products ordered. This period is counted in calendar days and short from the day after receipt of the product by the Customer or any third party authorized for delivery, to the address indicated or in a withdrawal point. In the case of an order relating to several products delivered separately or in the case of an order of a product made up of lots or multiple parts whose delivery is staggered over a defined period, the time runs from receipt of the last product, or lot/room. If the deadline expires on a Saturday, a Sunday or a public holiday, it is extended until the last hour of the first working day.
6.2. Exercise mode. To exercise the right of withdrawal, the Customer notifies his decision to contract contract by means of a declaration devoid of ambiguity by email to the address contact@kentyns.com
6.3. Product referral. The customer must return or return the product for which he retracted, with the company no later than fourteen days after sending his decision to withdraw. This period is deemed to be respected if the property is returned before the expiration of the period of fourteen days under the expected return conditions. Product return costs are the responsibility of the customer. The procedures for returning the products are specified in the article "Return of the products" modalites "to which the customer refers.
6.4. Repayment. In the event of customer withdrawal, the company reimburses the price of the product at the latest fourteen days, current the day after the day of receipt of the customer's withdrawal decision. The company reimburses using the same means of payment as that used by the Customer for the initial transaction, unless it expressly accepts a different means; In any event, this reimbursement will not cause costs for the customer. The company may defer the reimbursement until the product is received, or until the customer has provided proof of shipping of the product, the date chosen being that of the first of these facts.
Please note, the right to Withdrawal WOULD NOT Be exercised under certain conditions in the event of:
- When the customer is a professional,
- Provision of goods or services whose price depends on fluctuations on the financial market escaping 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 likely to deteriorate or expire quickly;
- Supply of goods which have been unconstruction 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 escaping the control of the professional;
- Maintenance or repair work to be carried out in an emergency at the consumer's home and expressly asked by him, within the limit of spare parts and works strictly necessary to respond to the emergency;
- Supply of audio or video recordings or computer software when they were unzore by the consumer after delivery;
- Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- Well bought after a public bid.
7.1. Terms. It is recalled that the legal guarantees of compliance and hidden defects are provided below for the benefit of customers with the quality of consumer or non-professional and involve normal use of products according to the uses in force. These guarantees apply apart from any commercial guarantee. It is advisable to control the product at the time of delivery and in the event that the product delivered is non -compliant (Product error, defective, damaged or incomplete product), to issue written reservations no later than Three (2) days according to this delivery, without prejudice to the withdrawal period of Fourteen (14) days. In the event of a lack of compliance or vice housing observed, the customer returns the defective product to the company. In all cases, legal deadlines will apply.
7.2. Guarantee of conformity. The guarantee of compliance is a legal guarantee that applies outside any commercial commitment. The Customer has a period of two years from the delivery of the product to act in application of the legal guarantee of compliance. In this case, the customer chooses between his repair or replacement. However, if this choice results in a manifestly disproportionate cost with regard to the other possible modality, given the value of the property or the importance of the defect, the customer's choice may be dismissed.
7.3. Guarantee against hidden defects. The guarantee against hidden defects is a legal guarantee that applies outside any commercial commitment. The customer can also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, the Customer can request the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code. In all cases, the article in question will be subject to an analysis directly by the manufacturer, whether it is the company or a third party.
7.4. Legal dispositions. By accepting CGV, the customer attests to have read the following legal arrangements:
Article L. 217-4 of the Consumer Code: “The seller delivers a good in accordance with the contract and responds to existing compliance defects during issuance. He also responds to compliance defects resulting from the packaging, assembly instructions or installation when it has been charged by the contract or was carried out under his responsibility. ”
Article L. 217-5 of the Consumer Code "The good is in accordance with the contract:
1 ° If it is specific to the usually expected use of a similar property and, if applicable:
- if he corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer may legitimately wait for public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted. ”
Article L. 217-12 of the Consumer Code: “The action resulting from the lack of compliance is prescribed by two years from the issuance of the property. »»
Article L. 217-16 of the Consumer Code: "When the buyer asks the seller, during the price of the commercial guarantee which was granted to him when the acquisition or repair of a furniture, a repair covered by the warranty , any immobilization period of at least seven days is added to the duration of the guarantee that remained to run.
This period runs from the buyer's intervention request or the provision for repairing the property in question, if this provision is after the intervention request. ”
Article 1641 of the Civil Code: "The seller is held from the warranty for the hidden defects of the thing sold which make it unfit for the use to which it is destined, or which decreases this use so much that the buyer would not have acquired it , or would have given only a lower price, if he had known them. ”
Article 1648 of the Civil Code: “The action resulting from the crippling vices must be brought by the buyer within two years from the discovery of the vice.
In the case provided for in article 1642-1, the action must be introduced, under penalty of foreclosure, in the year following the date on which the seller can be unloaded of vices or apparent defects. »»
7.5. Trade guarantee 14 days. The commercial guarantee means any contractual commitment of a professional with regard to the consumer with a view to reimbursement of the purchase price, replacement or repair of the product, in addition to its legal obligations aimed at guaranteeing compliance good. The company offers the customer the possibility of returning the product ordered on the site in the Fourteen (14) days of its reception to request an exchange or a refund. No product may be the subject of an exchange or a refund under the commercial guarantee in the following cases, without prejudice to any other cases provided for by the CGV : sales and promotion items; presentation articles; tailor -made items; Articles relating to personal hygiene, such as toothbrushes, hair ribbons, underwear and jewelry; Modified or assembled articles; item that is inseparable from other items after delivery; items made unusable due to their improper use; Services (such as assembly services), once they are carried out.
In the event of the application of the commercial warranty 14 days, the return costs set by the customer remain at their expense and will not be refunded. The customer has the possibility of using the most suitable mode of transport. The company's responsibility cannot be engaged if the client's package is lost or is never received by the company's logistics center. It is recommended to use La Poste services with a registered parcel shipping for its safety and the follow -up of the shipment. The request for the exercise of the commercial guarantee must be sent before the end of the expiration of the deadline applicable by email to contact@kentyns.com The Company reserves the right to refuse any request outside deadlines.
8.1. Address. The products are to be returned to the address provided at the time of the return request. The Customer will be asked to attach a copy of the confirmation letter to the order in his package indicating the order number and the amount set up when ordering, as well as any other declaration devoid of ambiguity regarding the financial year the right of withdrawal, a legal warranty or if necessary, justifying the return of the product.
8.2. State. The customer returns the product in its original packaging, and take all the precautions so that the product is packed and protected so that he does not suffer any damage during transport. Any product damaged in relation to the state in which it was sent, incomplete, or whose packaging would have been deteriorated may not be subject to any recovery, exchange or refund to the customer. In particular, any damaged product or presenting traces of new wear and/or smells cannot be returned, including on the basis of the right of withdrawal.
8.3. Referral fees. The return costs are the responsibility of the customer, including in the event of the exercise of the right of withdrawal.
8.4. Repayment. After receipt of the product, the company fully reimburses the price of the returned product, excluding delivery costs (unless otherwise stated in the CGV, or when the law provides for this reimbursement). In the event of an order of several products and return of part of the order only, the reimbursement of delivery costs is pro rata of the number of products ordered and returned under the conditions provided. Unless the law provides otherwise, only the products (i) will be reimbursed with their original packaging and labels and (ii) have not been used or worn (for textiles). In the event of a return not respecting the legal and/or commercial conditions provided, no refund can be due and the customer will remain the owner of the returned product, which he can come and recover directly from the company, or which will be returned to his costs within one month at most, depending on the notification of the refusal of reimbursement by the company.
9.1. Access to the site. The site is accessible free of charge to anyone with internet access. All costs relating to access to the site, whether hardware, software or Internet access costs are exclusively for user. The company cannot be held responsible for material damage related to the use of the site. In addition, the user undertakes to access the site using recent equipment, not containing viruses and with a updated latest generation browser. The user is solely responsible for the proper functioning of his IT equipment as well as his access to the Internet.
9.2. Maintenance. The site may be the subject of maintenance operations. To this end, the Company reserves the right to interrupt, to temporarily suspend or to modify without notice access to all or part of the site in order to ensure its maintenance (in particular through updates) or for Any other reason, without the interruption entitled to any obligation or compensation.
9.3. Contractual liability. The company implements all reasonable means at its disposal to ensure continuous and quality access to the site, but is not required to do so. In particular, the company cannot be held responsible for any malfunction of the network or servers or any other event escaping its reasonable control, which would prevent access to the site.
9.4. Site registration. The company may provide a site registration procedure to access a user area. The identifiers allowing any user registered on the site to access the information of their account and their order. Any connection identifier provided by the company to the user is strictly personal, individual, confidential and intransmissible. The user will respond from any unauthorized, fraudulent or abusive use of its connection identifiers. The user is invited to contact the company if he has not received or if he has lost the information allowing him to connect so that they are returned to him.
9.5. Loss of identifiers. The user will easily inform the company of the loss or theft of his connection identifiers. In the event of a proven violation of the conditions of access to the site, the company reserves the right to suspend access to the site, without compensation, notice or prior information. The subsequent provision of identifiers will release the company from any responsibility vis-à-vis the user who cannot hold it responsible for the unavailability of the site.
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Protection of PERSONAL DATA
The company respects the privacy of its users and customers. It undertakes that the collection and automated processing of your data which has the purpose of supplying and improving the site, commercial prospecting, order management, contracts and the delivery of products, carried out from the Site complies with the general data protection regulations (GDPR) and to the Data Protection Act in its latest version.
The information requested within the framework of the forms available on the marked site of an asterisk is compulsory and necessary for the management of requests, and the lack of response in a compulsory field will result in the impossibility for the company to process user requests.
The personal data of natural persons will not be kept beyond the duration strictly necessary for the continuation of the purposes indicated. Certain data to establish proof of a right or a contract may be subject to an intermediate archiving policy for a period corresponding to the limitation and foreclosure deadlines for judicial or administrative actions likely to occur.
Any user is informed and accepts that the site may include technical devices that allow us to follow the use (connected user account, IP address, type of application used, various logs of connection and use in the user account, etc. ) and are likely to be used within the framework of the control anti-counterfeit, and/or to identify and/or prevent possible illegal or non-compliance with the site
In accordance with the Data Protection Act and the GDPR, any person concerned by the treatments carried out by the Company has, according to the conditions of applicable law, a right of access, rectification, the limitation of treatment, opposition to treatment, portability, erasure of his data as well as a right not to be the subject of an automated decision including profiling. If necessary, the person concerned also has the right to withdraw their consent at any time.
Any exercise request can be sent by email to the address contact@kentyns.com Any person concerned with a treatment has a right of complaint with the National IT and Liberties Commission.
For more information on automated data processing and the terms of exercising their rights, any user can consult Privacy policy https://kentyns.com/pages/privacy-policy Accessible at any time on the site and information information on cookies used by the company.
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Partner sites - hypertext links
The user can access, by the hypertext links present on the site, to the sites of partner or third parties, which are not subject to these CGV. The user is therefore invited to read the general conditions of use or sale as well as confidentiality policies or any other legal information, applicable to these third -party sites.
The user is informed that the site may require access to other sites, designed and managed under the responsibility of third parties. No control over the contents of said sites is exercised on the part of the company which declines any responsibility for their content and the use made by any third party information appearing there. This clause applies to any content of the partners.
If a third -party site directs its users to the site, the company reserves the right to request the deletion of the hypertext link pointing to the site if it considers that this link does not comply with its legitimate rights and interests.
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Case of force majeure or fortuitous
The execution of the company's obligations under the terms of the present is suspended in the event of a fortuitous or force majeure case which would prevent its execution. This suspension may concern all or part of the order. In this case, the company will advise the customer of the occurrence of such an event as soon as possible and the estimated duration of the suspension. Only a final impediment can give rise to restitution. If the final impediment is partial, only a partial restitution will be granted.
Under the conditions provided by law, customers expressly accept that they will not be able to invoke a case of force majeure to postpone a payment (of an invoice for example) of a product or refuse the delivery of a placed order.
Are considered as force majeure or fortuitous cases, in addition to those usually recognized by the case law of courses and courts and without this list being restrictive: strikes or social conflicts internal or external to society, natural disasters, fires, The interruption of telecommunications, epidemics and pandemics, the interruption of energy supply, interruption of communications or transport of any type or any other circumstance escaping the reasonable control of the company.
The responsibility of the company cannot in any case be engaged due to the difficulties encountered by the user or the customer in access to the site due to a technical or software failure or any other cause which is foreign to him. The customer acknowledges being informed of the technical hazards inherent in the Internet and the mobile network and the dysfunctions that may result. Consequently, the company cannot be held responsible for any unavailability, slowdown or failures of the Internet network or any IT solutions, except in the event of proven negligence on its part.
The company or its partners hold all intellectual property rights relating to the site and products. Intellectual property rights include in particular but not exclusively on all content, texts, images, videos, graphics, logos, icons, sounds, software on the site and/or products.
Access to the site and/or the purchase of a product gives no rights to the user or the customer on intellectual property rights relating to the site and products. The user cannot, in any case, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way, all or part of the site or products in violation of the rights of intellectual property rights over them.
The exploitation not previously authorized by the company or its partners, in any capacity whatsoever, of all or part of the site or of the products may be the subject of any appropriate action, in particular an interruption of access to the site or an action in counterfeiting.
All the distinctive signs used by the company are protected by law and any use not authorized by the company may give rise to prosecution.
Failure to comply with the intellectual property of the company or its partners will be analyzed as a serious fault of the user or customer prejudicial to the company which reserves the right, in this case, to request any damages.
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Customer and communication references
14.1. Client reference. The customer can be requested by the company in order to be cited as a buyer of a product. With the customer's agreement, the company may be authorized to mention the name of the customer, the opinion he gave to the company on the product as well as an objective description of the nature of the product which was sold to him in His lists of references and proposals for the attention of his prospects and his customers, in particular on the site, for promotional and advertising purposes, during interviews with third parties, from communications to his staff, internal documents of Provisional management, as well as in the event of legal, regulatory or accounting provisions the requiring.
14.2. Operating authorization. When the customer sends writings, videos and/or photographs to the company to give his opinion or testify on the product provided by the company, and if necessary, comments or publications concerning the company (for example, on his social networks ), to which his identifier and his profile photo are attached, then the customer authorizes the company to exploit this content for the promotion of its commercial activities. The contents are likely to be protected by image and/or copyright rights, and in this case, the customer concedes to the company the possibility of adapting them (on form) and reproducing them on All supports, in particular by presenting them as a commercial reference and/or as an advertisement. For example, the company will be able to take screenshots of publications on social networks concerning it or on the product delivered to the customer, and reproduce them on the site as an advertisement.
The Customer acknowledges being fully filled with his rights and will not be able to claim any remuneration for the exploitation of the rights referred to in this paragraph. These rights are conceded for the lifespan of the customer concerned, increased by a period of 70 years, and for the whole world. The Company reserves the right to submit to the Customer any other request for authorization to take and transfer rights, for all cases not provided for these or on a punctual basis.
14.3. Event. The measures of the previous paragraph apply in the same way with regard to videos and photographs taken during any type of event (public, reserved for customers, etc.) organized or co-organized by the company. The captures can be recorded and published by the company, including on social networks. If the customer does not wish to appear on a possible publication of the images, he will like to place himself at the back of the room, not to participate in the grouped photos, not to make a sign to the photographer / cameraman in the field of which he could be square.
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Evolution of conditions General
The company reserves the right to modify the terms, conditions and mentions of CGV At any time and without notice in order to adapt them to the developments of the site or the evolution of its offers. The applicable conditions are those accepted by the customer and addressed to the customer in the event of distance selling by any means of communication on a sustainable medium.
Changes in CGV provided by the company will not apply to the controls already placed, except for the clauses linked to the technical evolution of the site, since it follows neither the increase in prices, nor alteration of the quality or the characteristics to which The non-professional or consumer customer has subordinate their commitment.
The customer can also be invited to accept CGV modified and failing that, the latest CGV Having been accepted continue to apply until the product is actually delivered. If it is impossible for the company to continue the execution of the contract under the previous conditions, the Customer has the faculty to request the termination and his reimbursement.
16.1. Responsibility of users and customers
The User or the Customer is solely responsible for the interpretations he makes of the information provided under the content of the products, the advice which he deducted or which has been provided to him and the adaptations made for his own activities. The exploitation of information is done under the sole responsibility of the customer and at their own risk, which the customer expressly accepts.
When the product is delivered with a user manual or any user guide, including by referring to an URL link, the Customer undertakes to read it and use the product in accordance with the recommendations provided.
In exchange spaces, the Customer assumes as a publisher, the responsibility for communication to the public of the information and the editorial responsibility of all his communication, physical and online and in particular but not exclusively of his (s), blogs, blogs , pages and accounts on social networks. The customer is solely responsible for the quality, lawfulness and relevance of data and content which he transmits to the public.
16.2. Limitation of liability for professional customers
Whatever the type of product ordered by the professional customer, the company's responsibility is expressly limited to compensation for direct damage proven by the professional customer. In no case can the company be held liable for indirect damage such as data loss, file (s), operating loss, commercial damage, lack of winning, image damage and the reputation of the professional customer.
In the same way, the company cannot be held responsible for direct and indirect damage caused to the user equipment, when accessing the Site, and resulting either from the use of equipment that does not meet the conditions provided , either the appearance of a bug or incompatibility.
In any event, the responsibility of the company is capped with regard to professionals with the amount of the price paid excluding taxes by the customer in return for the supply of the product in the context of which the dispute is registered. This amount is understood as the maximum that could be brought to adjust the company as compensation (damage and interest) and penalties, whatever the chiefs of alleged damage and the legal foundations retained unless the law or the Case law does not oppose it.
The CGV And all the purchase and sale operations referred to in it are governed by French law. The CGV And the site are written in French. In the event that they are translated into one or more languages, only the French text is faith in the event of a dispute.
In the event that a clause of CGV was zero, unexpected, unenforceable or of no effect, it would not result in the nullity of CGV And the validity of the other provisions cannot be affected.
The temporary or permanent incapplication of one or more clauses by the company cannot be worth renunciation on its part of the other clauses of these CGV which continue to have their effects.
The Customer accepts that the Company can transfer this contract to its affiliated companies or to a buyer without its prior agreement, insofar as this transfer is not likely to generate a reduction in the rights of the consumer client.
17.1. Amicable resolution. In the event of a dispute, the customer will primarily address the company to try to find an amicable solution.
17.2 Mediation.
In the event of difficulty in the execution of the contract, the consumer customer residing in Europe has the possibility, before any legal action, to request the appeal of a mediator of the identifiable consumption on the site https://www.economie.gouv.fr/mediation-conso
The mediator will try, in all independence and impartiality, to bring the parties closer to lead to an amicable solution. The parties remain free to accept or refuse the use of mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can enter the online dispute settlement platform (RLL) accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
17.3. Litigation between professionals. In the event of a dispute occurring between a professional customer and the company relating to the order, the interpretation, the execution and/or the termination of the contract, it is allocated exclusive competence to the courts, notwithstanding plurality of defendants or call in warranty, even For emergency procedures or conservatory procedures by summary proceedings or requests.
