General conditions of sale online

The present General Conditions of Sale are up to date on March 25, 2021

1.2. The Company owns and operates the website https://inhaircare.co (hereinafter ''the Site''). The Site is hosted by Shopify, SAS, located at Shopify Inc, 150 Elgin Street, Suite 800, Ottawa, Ontario K2P 1L4 - Canada, reachable at +1-888-329-0139.

1.3. The director of the publication is Rebecca Cathline.

1.4. The Site offers the Customer (hereinafter ''the Customer'') the opportunity to purchase food supplements made in France, vegan and gluten-free ("the products").

1.5. Prior to any use of the Site, the Customer must ensure that he/she has the technical and computer means to use the Site and to order the products on the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any virus.

2.2. The Customer declares that he/she has read and accepted these GTC before placing the Order.

2.3. The validation of the order therefore implies acceptance of these GTC. These are regularly updated, the applicable GTC are those in force on the Site at the date of placing the order.

2.4. Any contrary condition set by the Client would therefore be, in the absence of express acceptance, unenforceable against the Company, regardless of when it may have been brought to its attention.

2.5. The fact that the Company does not take advantage at a given time of any provision of these GTC, cannot be interpreted as a waiver of the right to take advantage at a later date of any provision of these GTC.

3.1. The Customer can find out on the product page the period during which, or the date until which, spare parts essential for the use of the product are available on the market.

3.2. The products offered for sale are described and presented with the greatest possible accuracy. Nevertheless, a minimal variation in the color of the product(s) does not engage the responsibility of the Company and does not affect the validity of the sale.

3.3. The Customer selects the product(s) he/she wishes to purchase and can access the Order summary at any time.

3.4. The Order summary lists the product(s) selected by the Customer and includes any additional charges, such as shipping fees, that may be added to the price of the product(s) in the Order. The Customer may modify the Order and correct any errors before proceeding with the acceptance of the Order.

3.5. After accessing the Order summary, the Customer shall confirm acceptance of the Order by ticking the GTC validation box and clicking on the Order validation icon. The words ''Order with payment obligation'' or a similar unambiguous wording shall appear next to the Order validation icon in order to ensure that the Customer explicitly acknowledges his/her obligation to pay for the Order.

3.6. After acceptance of the GTC and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Client and irrevocably commits them.

3.7. Once the Sales Order has been confirmed, and in order to proceed with the payment, the Client shall enter the contact details for the delivery of the Product(s) ordered, as well as the invoicing address if different. The delivery process of the ordered product(s) is described in ARTICLE 5 of these General Terms and Conditions.

3.8. The Company shall then send the Customer an Order confirmation by e-mail, containing the details of the Order summary and the delivery and, where applicable, billing addresses provided.

3.9. Once the Customer has validated his or her delivery and, where applicable, billing information, the Customer shall proceed with the payment of his or her Order in accordance with the terms and conditions set forth below.

4.2. The total amount is indicated in the Order summary, before the Customer accepts these General Terms and Conditions, validates the Order, enters and validates the delivery and, where applicable, the billing details and proceeds to payment. This total amount is indicated with all taxes taxes included.

4.3. Orders for products placed on the Web site shall be payable in euros. Payment must be made in full on the day the Order is placed by the Client, by credit card, unless special conditions of sale are expressly agreed upon by the Client and the Company.

4.4 In case of payment by credit card, the Site uses the security system of Stripe and Paypal, providers specialized in securing online payments. These systems guarantee to the Customer the total confidentiality of his banking information. The bank transaction by credit card, carried out between the Customer and the secure system is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the Company.

4.5. The Client warrants to the Company that he/she has the necessary authorizations to use the payment method when placing the Order.

4.6. The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount owed by the Client to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and payment of an Order.

5.2. The Company undertakes to deliver the product(s) within a period not exceeding 2 to 10 working days from the date of the Order.

5.3. The Customer shall be informed by e-mail, when the Order is ready, of its shipment. The product(s) ordered shall be delivered to the delivery address indicated by the Customer at the time of placing the Order in accordance with the conditions set forth in Article 3.7 of these GTC.

5.4. The Client must ensure that the information provided in article 3.7 of these GTC is correct, and that it remains correct until the product(s) ordered has (have) been delivered. The Client therefore undertakes to inform the Company of any change in billing and/or delivery information that may occur between the time of placing the Order and the time of delivery, by sending an e-mail to the Customer Service e-mail address without delay. If the Client fails to do so, in the event of a delay and/or error in delivery, the Client may not hold the Company liable for any failure to deliver, and the Company's Customer Service Department will contact the Client to arrange a second delivery at the Client's expense.

5.5. The Company will not be responsible either if the non-receipt of the products is due to a third party outside its intervention or in case of theft.

5.6. If the Order is returned due to the Client's absence, the Company's Customer Service Department will contact the Client for a second delivery at the Client's expense.

5.7. The Customer may track the delivery of the Order by contacting the Customer Service Department listed in ARTICLE 6 of these GTC.

6.2. The Company's Customer Service can be reached from 10:30 a.m. to 6:30 p.m. using the following contact details
- email : hello@inhaircare.co
- mail : 10 Rue de Penthièvre, 75008 Paris, France

If a Customer believes that he/she has received a product that he/she considers to be defective or non-conforming, he/she should contact the Company as soon as possible after receipt of the Order at the following e-mail address: hello@inhaircare.co, or by registered mail with return receipt to the following address
10 Rue de Penthièvre, 75008 Paris, France, specifying the defect or non-conformity in question. It is the Client's responsibility to provide any justification as to the designation of the apparent defects and/or anomalies observed. The Client shall allow the Company every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. It shall refrain from intervening itself or having a third party intervene for this purpose.

If the defects and/or anomalies are confirmed by the Company, the Company will then send the Client instructions on how to proceed after having taken note of the complaint thus formulated and, if necessary, will proceed with the replacement of the product for which the Company would have been led to note the lack of conformity, or the defect.
In the event that the exchange of the product would be impossible, the Company will be obliged to reimburse the Client within fourteen days following the reception of the product. The refund will be made on the Company's proposal by crediting the Client's bank account, the Client being able to opt for another method of refund than the one proposed.

8.2. The Client agrees to use the Site in accordance with the Company's instructions.

8.3. The Customer agrees that he/she will use the Site only for his/her personal use, in accordance with these GTC. In this regard, the Customer agrees to refrain from:
- Use the Site in any illegal manner, for any illegal purpose or in any manner inconsistent with these GTC.
- Sell, copy, reproduce, rent, lease, loan, distribute, transfer or license any of the contents of the Site or any part thereof, or decompile, reverse engineer, disassemble, modify, display in human-readable form, attempt to discover any source code, or use any software that enables or includes any part of the Site.
- Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance or deteriorates the functionality of the Site.
- To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to access the Site in an unauthorized manner.
- To infringe the intellectual property rights of the Company and/or to resell or attempt to resell the products to third parties.
- To denigrate the Site and/or the products as well as the Company on social networks and any other means of communication.

8.4. If, for any reason, the Company considers that the Client is not complying with these T&Cs, the Company may at any time, and at its sole discretion, remove the Client's access to the Site and take any action including civil and criminal legal action against the Client.

All Products can be retracted, except those excluded by article L. 221-28 of the Consumer Code, reproduced below:

The right of withdrawal cannot be exercised for contracts:
1. The supply of services fully executed before the end of the withdrawal period and whose execution has begun after the prior express agreement of the consumer and express waiver of his right of withdrawal;
2. The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3. The supply of goods made to the consumer's specifications or clearly personalized;
4. the supply of goods that are likely to deteriorate or expire rapidly;
5. The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; 6. The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
7. The supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8. Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limits of spare parts and work strictly necessary to meet the emergency;
9. The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10. The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° For the provision of accommodation services, other than residential accommodation, transportation services, car rentals, catering or leisure activities that must be provided on a specific date or at a specific time;
13. The supply of digital content not provided on a physical medium, the performance of which has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal.

9.2. In order to exercise their right to withdraw from the Order, Clients must notify the Company of their decision to withdraw by means of an unambiguous statement, without giving any reasons. The Client may notify the Company of his/her decision to cancel the Order by any means, in particular by sending a letter to the Company at the following address: 10 Rue de Penthièvre, 75008 Paris, France or by e-mail to hello@inhaircare.co .

9.3. In the event that the Client notifies the Company of its decision to withdraw, by whatever means, the Company will immediately send the Client an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail).

9.4. The Customer must return the product(s) in the same condition in which he/she received it/them, and with all packaging, accessories and instructions (even if the product(s) has/have been unpacked), as soon as possible and at the latest within 14 days from the notification of the decision to withdraw from this contract, to the following address from the notification of the decision to withdraw from this contract, at the following address: 10 Rue de Penthièvre, 75008 Paris, France. In accordance with the law, the Customer shall bear the cost of returning the product(s).

9.5. In the event of withdrawal by the Client, the refund of the product(s) which has/have been the subject of the right of withdrawal shall be made by the Company by the same means of payment as that used for the initial transaction, unless the Client expressly agrees to a different means.
In any event, this refund will not incur any costs for the Client. The refund shall be made as soon as possible, and no later than 14 days from the date on which the Company is informed of the Client's decision to withdraw from the Order.

9.6. In accordance with Article L.221-23 of the French Consumer Code, the Customer is informed that he/she is only liable to the Company for any depreciation of the product(s) returned following the exercise of his/her right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the said goods.

10.2. The Site may contain links to other sites not edited or controlled by the Company, which shall not be held responsible for the operation, content or any element present or obtained through these sites.

10.3. The establishment of such links or reference to any information, articles or services provided by a third party cannot and should not be construed as an express or implied endorsement by the Company of such sites and materials or their contents.

10.4. The Company is not responsible for the availability of such websites and cannot control the content of such websites nor validate the advertising, product(s) and other information provided on such websites.

10.5 It is expressly stipulated that the Company shall not be held liable in any way whatsoever should the Customer's computer equipment or e-mail system reject, for example due to anti-spam software, e-mails sent by the Company, including but not limited to the copy of the payment receipt, the Order summary or the shipment tracking e-mail.

10.6. The Client is fully aware of the provisions of this article and in particular of the aforementioned warranties and limitations of liability, essential conditions without which the Company would never have contracted.

12.2. The name and trademark, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and shall remain the exclusive property of the Company.

12.3. No title or right of any kind in any material or software shall be obtained by downloading or copying material from this Site. Customer may not reproduce (other than for its own personal, non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to, modify or otherwise work with this Site and the materials and software contained therein, nor sell or participate in any sale of this Site, the materials on this Site or any software related thereto.

12.4. The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of the use of the Site.

12.5. Any use by the Client of the corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited unless the Company has given its express prior consent.

The company understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The company undertakes, in accordance with the RGPD regulation, to respect your privacy and to protect your personal data, i.e. data that may identify you directly or indirectly as a person. Within the framework of the order, the company has to collect personal data of the Customer. The company undertakes to protect the personal data of the customers.

The files containing personal data necessary for the order are stored on the servers of the Site's host. This service provider ensures compliance with the requirements of the General Data Protection Regulation (RGPD). The company does not communicate and does not trade in the personal data of customers.

At the stage of ordering on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to complete the orders. The personal data collected by the company is intended to enable the order to be carried out. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including compliance with legal or fiscal obligations. In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 called "Informatique et Libertés", and the General Regulation on Data Protection (RGPD), subject to proof of identity, any Customer, regardless of nationality, has a right to access, modify and delete his personal data. Each Customer is also entitled to request a limitation of the processing of his or her data and has the right to data portability as well as the right to object to the processing of his or her personal data. For the purposes of applying this clause and, in particular, to ensure the confidentiality of Customer data, the company has appointed, in accordance with the provisions of the General Data Protection Regulation (RGPD), a data protection officer, who may be contacted at the following address: hello@inhaircare.co. In any case, any Customer has the right to make any complaint to the CNIL.

13.2. When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, the Customer agrees to receive commercial offers from the Company for products similar to those ordered.

13.3. Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter.

OPPOSITION LIST TO TELEPHONE SOLICITATION

The Customer has the option of registering free of charge on a BLOCTEL (www.bloctel.gouv.fr) opposition to telephone canvassing list in order to no longer be canvassed by telephone by a professional with whom he or she has no current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 on consumption. Any consumer has the opportunity to register for free on this list on the website https://conso.bloctel.fr/index.php/inscription.php.

14.2. In the event of a dispute arising from the interpretation and/or performance of these GTCs or in relation to these GTCs, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.

14.3. MEDIATION OF THE CONSUMPTION In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and has not obtained satisfaction or an answer within two months, he may submit his complaint free of charge to the consumer mediator. The mediator must be contacted within one year of the initial complaint. The MCP MEDIATION mediator can be contacted directly online at the following address: www.mcpmediation.org or by mail MÉDIATION DE LA CONSOMMATION & PATRIMOINE - 12 Square Desnouettes - 75015 PARIS

14.4 In case of failure of this mediation procedure or if the Customer wishes to bring an action before a court, the rules of the civil procedure code will apply.