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GENERAL CONDITIONS OF THE SALE The site www.jeunepousebycholoe (hereinafter referred to as the "Site") is an e-commerce site accessible via the internet to any user (hereinafter referred to as "User"). The Site is owned and operated by Salon Chloe, a Limited Company, registered in the Registry of Commerce in France with registration number RCS 423 515 436 000 16 and registered address at 2 rue de Tocqueville, 75017 Paris (hereinafter referred to as the "Vendor"). PURPOSE OF THE SITE The Site enables the Vendor to offer hair and body cosmetic products for sale to Users browsing on the Site. Under these Terms of Sale, it is agreed that the User and Vendor shall be jointly referred to as the "Parties", and individually as a "Party". A user that has confirmed an order shall then be referred to as the "Customer". The rights and obligations of the User shall automatically apply to the Customer. Any order of products offered on the Site implies consultation and express acceptance of these General Terms of Sale, without this acceptance however being subject to the handwritten signature of the User. These General Terms of Sale come into effect as from 1 January 2015. The Vendor reserves the right to change these General Terms of Sale without notice at any time, with any modifications not applying to orders already accepted and confirmed by the Customer. CONFIRMATION OF YOUR ORDER The details of the contract shall be confirmed by email to the address specificed by the Customer in the order form. PROOF OF TRANSACTION All records stored in the computers systems owned by the Vendor, or owned, maintained and operated by a third-party on behalf of the Vendor are considered proof of communications, orders and payments between the Parties.The Vendor shall endeavour to maintain the safety of all records in their systems. All purchase orders and invoices are routinely filed and can be produced as evidence of contract between the Parties. PRODUCT INFORMATION Every effort has been made to ensure the accuracy of the information on the Site. The Vendor however shall not held responsible for the consequences, incidents, and any damages which may arise from the transmission of electronic information, or the accuracy of the information provided, even if the Vendor was aware of the possiblity of such damages occurring. The names, product brands, and manufacturers are used only for identification purposes. The photos, descriptions and prices of products listed in the Site shall be deemed as non-contractual. VALIDITY OF OFFERS ADVERTISED ON THE SITE All the offers of products announced on the Site are limited to www.jeunepoussebychloe.com. Prior to placing an order, the Customer may check the main features of the product(s) they wish to order by consulting the Site. Purchase offers, including special promotions, are valid for as long as they are visible on the Site. PRODUCT DELIVERY The products are delivered to the address indicated by the Customer on the Purchase Order within the geographic areas served by the Vendor. All products leave the Vendor's premises in perfect condition. The Customer must notify the carrier the slightest trace of damage to the parcel (holes, crushing, etc) and, where appropriate, refuse the package. An identical new product replacement package will be dispatched at no additional cost to the Customer. The Vendor reserves the right not to exchange any product declared, a posteriori, damaged during transportion, when notification of damage was not given by the Customer on receipt of the package. ISSUES WITH DELIVERY The Vendor does not accept any responsibility for delays in delivery times caused by the carrier, including for loss of packages, or delays caused by bad weather conditions. In the event that delivery of the product is delayed or that the product gets lots, the Vendor will contact the carrier to start an investigation. Every effort shall be made, for as long as it is reasonable, to find the package. Where appropriate, the Vendor will be reimbursed by the carrier and deliver a new package identical to the original package at no additional cost to the Customer. Any anomaly concerning the delivery (damage, missing products, damaged package, broken product, etc. ) must be indicated and signed for by the Customer on the delivery note. The Customer must inform of any issues with the delivery or the products supplied by the Vendor by informing the Vendor within two (2) business days following the date of delivery by mail and enclose a return receipt stating the reasons for such claims. The Customer must send a copy of the letter stating the reasons for the return to Salon Chloe 2 rue de Tocqueville 75017 Paris and return the package in the same condition as it was received. On receipt of the letter and the faulty parcel, we will then process an exchange of the package. RETURNS POLICY The Customer must inform the Vendor, either on the day of delivery or no later than the first business day after delivery, of any claim of error and / or non-conformity of the products supplied in kind or in quality as compared to those indicated on the order form. After this period, the Vendor reserves the right to reject any claims made. All claims must be made in writting to the Vendor at the Vendor's business registed address: Jeune Pousse By Chloe, 2 rue de Tocqueville 75017 Paris, France. Any claim not made within the terms specified above and/or the time limits given shall not considered valid and shall release the Vendor of any responsibility towards the Customer. In case of error in the delivery or in the event the Customer wishes to exchange any product or apply for a refund, all products dispatched must be returned to the Vendor, as a whole, unopened, in perfect condition, and in its original packaging to Jeune Pousse By Chloe, 2 rue de Tocqueville 75017 Paris, France. Receipt of a product return shall be acknowledged by the Vendor before a replacement package is dispatched to the Customer. The shipping costs of a return package are borne by the Customer, except where it can be proved that the product does not match the original order made by the consumer at the time of placing the order. LEGAL GUARANTEE The Customer shall benefit from the provisions of the legal guarantee regarding product conformity. In the event of non-conformity of the product, in particualr due to an anomaly or an error in the delivered references, the Customer is entitled to return the product to the Vendor and be reimbursed. The Customer is herewith expressly informed that the Vendor is not the manufacturer of the products presented in the Site and therefore assumes no liability for defective products or any damage caused by the incorrect use of the products sold in the Site. Therefore, in case of damage to a person or property from a manufacturing defect in the product, it shall be the responsibility of the manufacturer whose name is stated in the information provided in the label/packaging of the product. All products have a guaranteed period of one year. This guarantee excludes all products modified or altered by the Customer or any other entity with whom the Vendor associates for the distribution of the products. RIGHT OF WITHDRAWAL The right of withdrawal applies only to natural persons. In accordance with Articles L. 120-20 , the Customer has a period of fourteen (14) calendar days to return, at his or her expense, unsuitable products. This period starts from the date of receipt of the Customer's order. All returns must be reported in advance and in writting to the Vendor. The product must be returned unopened and unused to Jeune Pousse by Chloe at their business address: Salon Chloe, 2 rue de Tocqueville 75017 Paris,France. Only products returned in their original packaging, unused and intact, and in perfect condition for resale. Any product that has been damaged or whose original packaging has been damaged, will not be refunded, returned or exchanged. This right of withdrawal is without prejudice, except for the cost of sending and returning the products. Assuming a Customer exercises his or her right of withdrawal, he or she will have the option of requesting either a refund of all amounts paid, or a product exchange. In the event the Customer opts for a product exchange, he or she will shall be responsible for the delivery costs. When a Customer exercises his or her right of withdrawal, the Vendor will make every effort to refund the Customer within fourteen (14) working days. USE OF THIS WEBSITE AND COPYRIGHT NOTICE The commercial use of all trademarks and intellectual property within this Site is strictly prohibited. Permission for fair use must be sought from the Vendor prior to make use of any such trademarks or other intellectual assets contained within this Site. FORCE MAJEURE The Vendor cannot be held liable for non-fulfilment of orders due to stock shortages, or in the event of product unavailability due to force majeure. A force majeure shall be considered any fact or circumstance external to the Parties, unpredictable, inevitable, independent of the will of the Parties, and which can not be prevented by them, despite making all reasonable efforts being make to fulfill the contract. The Party affected by such circumstances shall notify the other within ten (10) working days of the date on which it becomes aware of an issue that will result in the order not being fulfilled. Both parties will then, within a period of three (3) months, except in an event caused by force majeure, examine the impact of the event and agree the conditions under which the contract will be continued. If the force majeure has a duration longer than a period of one (1) month, the present general conditions may no applied and the contract be canceled by the injured Party. The following are explicitly considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of French courts of Law: the blocking of means of transport by industry action, earthquakes, fires, storms, floods, lightning, acts of terrorism, vandalism, or unavailabity of telecommunication networks, or difficulties specific to telecommunication networks. NON PARTIAL VALIDATION If any of these terms and conditions shall be unlawful, void or for any reason unenforeceable then that provision shall be deemed sererable and shall not affect the validity and enforceability of the remaining provisions. Non of these terms and conditions shall be enforceable by any third party. NON WAIVER The failure of either Party to make a claim for breach of contract by the other party to any of the obligations set out under the present terms and conditions shall be construed in the future as a claim for the obligation in question. APPLICABLE LAWS These general conditions are subject to French law. In case of a dispute or claim, the Customer will in the first instance seek and amicable resolution with the Vendor. DATA PROTECTION The data collected will be processed for the purpose of fulfilling an order, or for the purpose of sending out a marketing newsletter to the Customer. The recipities of the data are the Vendor and its service providers. By virtue of Law No. 78-17 of 6 January 1978, the Customer has the right to access, change, correct and delete personal information concerning him or her. This right can be exercised by contacting the Vendor by email. DISPUTES Any order placed via the Site by a Customer, or a representative of the Customer, has been made with full authority from the Customer. The Vendor shall be required to fulfill the order in a reasonable time frame. When the order has been placed by a corporate body, any dispute arising from the sale (price, CGV, products, etc) will be subject to French law. |