These General Terms and Conditions of Sale are up to date as of March 30, 2021.
1.1. These General Terms and Conditions of Sale are offered by the company COELHO BEAUTY, SAS with a capital of €5,000.00 registered with the RCS of PARIS under number 894 340 157 and whose registered office is located at 231 Rue Saint-Honoré 75001 Paris France (hereinafter the “company”).
Any person who has made a purchase on the site http://www.coelhobeauty.com, hereinafter referred to as "the Customer". Any purchase on the site www.coelhobeauty.com.com automatically entails the acceptance of all of these conditions, which the Customer acknowledges having read prior to his order.
Her email address is firstname.lastname@example.org
1.2. The Company is the owner and publisher of the website www.coelhobeauty.com (hereinafter the “Site”). The Site is hosted by Shopify Inc, domiciled at the following address: Shopify Inc., 126 York St., Ottawa, Ontario, K1N 5T5, Canada.
1.3. The publication director is Mr Adrien Coelho.
1.4. The Site offers the Customer (hereinafter the "Customer") the possibility of purchasing hair products and accessories online (hereinafter the "Products") as well as the posting of information relating to hair care services and services online. offered at the Company's headquarters or at an address determined with the Client (hereinafter the "Services") with the Company.
1.5. Before any use of the Site, the Customer must ensure that he has the technical and IT resources allowing him to use the Site and order the Products on the Site, and that his 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 viruses.
2. APPLICATION AND OPPOSABILITY OF THE T&Cs
2.1. The purpose of these T&Cs is to define all the conditions under which the Company markets the products as offered for sale on the Site to Customers. They therefore apply to any Order (hereinafter the “Order(s)”) for products placed on the Site by the Customer.
2.2. The Customer declares to have read and accepted these GCS before placing his Order.
2.3. The validation of the Order therefore implies acceptance of these GCS. These are regularly updated, the applicable T&Cs are those in force on the Site on the date the Order is placed.
2.4. Any contrary condition set by the Customer would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.
2.5. The fact that the Company does not avail itself at any given time of any provision of these T&Cs cannot be interpreted as a waiver of the right to subsequently avail itself of any provision of the said T&Cs.
3. ORDERING PRODUCTS ON THE SITE
3.1. The Products offered for sale are described and presented with the greatest possible accuracy.
3.2. The Company reserves the right to correct the content of the Site at any time.
3.3. The Customer selects the Product(s) he wishes to purchase, and can access the summary of his Order at any time.
3.4. The Order summary presents the list of the Product(s) that the Customer has selected. The Customer has the option of modifying his Order and correcting any errors before accepting his Order.
3.5. The purchase of the Products is subject to payment by the Customer.
3.6. After having accessed the summary of his Order, the Customer confirms the acceptance of his Order by ticking the validation box of the GCS, then by clicking on the Order validation icon. The mention ''Order with payment obligation'' or an analogous formula devoid of any ambiguity appears next to the validation icon of the Order in order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
3.7. After acceptance of the GCS and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably. The terms of payment for the Order are specified in article 5 of these GCS.
3.8. After the validation of his Order and in order to be able to proceed to the payment, the Customer enters his billing and delivery details, namely his email address to which the Product(s) will be sent. The delivery process of the Product(s) is described in article 6 of these GCS.
3.9. No booking of Services is available from the Site.
3.10. The Company then sends him an Order confirmation by email containing the elements of the summary of his Order as well as the contact details provided.
4. PRICE AND CONDITIONS OF PAYMENT OF THE ORDER
4.1. The prices are mentioned on the Site in the descriptions of the Products, in euros and all taxes included.
4.2. The total amount is indicated in the summary of the Order, before the Customer accepts these GCS, validates his Order, informs and validates his delivery details and, where applicable, billing and proceeds to payment. This total amount is indicated inclusive of all taxes.
4.3. The Order of Products on the Site is payable in euros. Full payment must be made on the day of the Order by the Customer by credit card.
4.4. In the event of payment by credit card, the Site uses the Stripe security system, a service provider specializing in online payment security. This system guarantees the Client 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 Customer guarantees to the Company that he has the necessary authorizations to use the method of payment, 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 that would be owed by the Customer 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 the payment of an Order.
5. DELIVERY OF PRODUCTS
5.1 The Products offered on the Site can be delivered to Europe and internationally. The delivery price for Orders is set by the Company and depends on the service provider selected by the Customer, namely Chronopost or Colissimo. The Customer is informed of this price before paying for the Order.
5.2 The Customer undertakes to pay the Price stipulated for the Product ordered on the Site and its possible additional costs (transport) as well as to pay or have paid, if necessary, and this directly to the forwarding agent or carrier, the rights customs, VAT or other taxes due on the occasion of the importation of the Product into the country of the place of delivery and in particular Switzerland and the overseas territories and departments.
5.3 The Customer is informed that in certain countries customs charges may be incurred. The amount of these customs charges is set by the customs authorities. The Company cannot under any circumstances be held responsible for the payment of this tax when the Order is sent to the Customer.
5.4 No reimbursement, or any other compensation, may be requested from the Company by the Customer due to the absence of delivery resulting from the non-payment of this tax by the Customer.
5.5 The Company undertakes to deliver the Products within a period not exceeding 7 working days from the date of the Order.
5.6 The Customer is informed by email, when his Order is ready, of its shipment. The Product(s) ordered is (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in article 3.8 of these GCS.
5.7 The Customer must ensure that the information communicated referred to in article 3.8 and mentioned in the confirmation email is correct.
5.8. The Customer also has the option of choosing “click and collect” for the receipt of his Products. The selection of this delivery method is made when choosing the delivery method.
5.9. When the Customer chooses this method of receiving his Products, a confirmation email will be sent to him to notify him of the availability of the Products at the salon.
5.10. The Customer may then come and collect his Products at the show, during opening hours, by presenting his Order number and a valid identity document. He may give power of attorney to a trusted third party to collect his Order. He must then present his identity document, that of the Customer and the Order number.
5.11. Upon delivery of his Products, the Customer will be required to sign a delivery slip for his Order which will serve as proof of delivery. No dispute will be possible as soon as the Customer has signed the delivery slip.
5.12. In case of unavailability of the Products in store, the Customer will receive an email of cancellation of his Order in order to notify him. He can then place an Order again by selecting another delivery method.
5.13. When the availability of the Products is confirmed at the show, the Customer then has a period of fifteen (15) days to come and collect his Order. At the end of this period, his Order will be automatically cancelled.
5.14. In this case, the Customer will be reimbursed via the means of payment used to place the Order.
6. CUSTOMER SERVICE
6.1. For any request for information, clarification or for any complaint, the Customer must contact, in priority, the Customer Service of the Company, in order to allow the latter to try to find a solution to the problem.
6.2. The Company's Customer Service is accessible from Monday to Saturday and from 10:00 a.m. to 7:00 p.m. using the following contact details:
- email: email@example.com
- mail: COELHO Beauty 231 Rue Saint-Honoré 75001 Paris France
7. CUSTOMER OBLIGATIONS
7.1. The Customer agrees to comply with the terms of these T&Cs.
7.2. The Client undertakes to use the Site in accordance with the Company's instructions.
7.3. The Customer agrees that he only uses the Site for his personal use, in accordance with these T&Cs. In this regard, the Client agrees to refrain from:
- To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software enabling or comprising all or part of the Site.
- To attempt to obtain unauthorized access to the computer system of the Site or to engage in any disruptive activity, diminishing the quality or interfering with the performance or deteriorating the functionalities of the Site.
- To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site.
- To infringe the intellectual property rights of the Company and/or resell or attempt to resell the products to third parties.
- To disparage the Site and/or the products as well as the Company on social networks and any other means of communication.
7.4. If, for any reason, the Company considers that the Customer does not comply with these GCS, the Company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action to against him.
8. RIGHT OF WITHDRAWAL
8.1.1. In accordance with articles L.221-18 and following of the Consumer Code, the Customer has a period of 14 days from the Order on the Site to exercise his right of withdrawal from the Company, without having to justify reasons or to pay a penalty.
8.1.2. To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of an unambiguous declaration, without giving reasons. The Customer may communicate his decision to withdraw to the Company by any means, in particular by sending it by email ( firstname.lastname@example.org ) specifying the order number and the reference of the article(s) concerned as mentioned on the invoice.
8.1.3. The Customer has a withdrawal form on the Site, to be completed. Once completed, the withdrawal form representing a decision to withdraw can be sent directly to the Company by clicking on the send icon provided for this purpose. The form is below.
8.1.4. The Customer is invited to indicate the reason for the return/withdrawal, in order to help the Company improve its service.
8.1.5. In the event of withdrawal by the customer, COELHO BEAUTY will reimburse the amount of his Order, including delivery costs (with the exception of additional costs arising from the fact that he has chosen, where applicable, a method of delivery more expensive than the standard delivery method offered by COELHO BEAUTY no later than fourteen (14) days from the day COELHO BEAUTY is informed of its decision to withdraw.
8.1.6. COELHO BEAUTY may defer reimbursement until receipt of the returned Products or until the Customer has provided proof of shipment of the Products, the date used being that of the first of these events.
8.1.7. COELHO BEAUTY will make the refund using the same means of payment as that used for the initial transaction. In any event, this refund will not incur any costs for the Customer.
The Customer must return or return the goods no later than fourteen days after the customer has communicated his decision to withdraw to the following address:
28, rue de Montpensier
I hereby notify you of my withdrawal from the contract relating to the Order of the Products below, made on www.coelhobeauty.com:
Order of: ……………………
Order received on: ……………………
Order number : ……………………
Client name : ……………………
Customer address: ……………………
Signature of the client (only in the event of notification of this form on paper):
8.1.8. This deadline is deemed to have been respected if the Customer returns the goods before the expiry of the fourteen-day period. The Customer must bear the direct costs of returning the goods. COELHO BEAUTY advises the customer to choose a mode of transport with tracking number. Without a tracking number, COELHO BEAUTY will not accept any complaints.
9.1. The Company puts various information online for Customers, in particular concerning its Products but also the Services it offers in its salon. This information is posted for informational purposes only.
9.2. The Company cannot guarantee the accuracy, completeness or timeliness of the information contained on the Site, nor its suitability for the Client's needs.
9.3. The Customer is responsible for the use of the information contained on the Site and fully assumes the risks associated with this use.
9.4. As such, the Company cannot be held responsible for the use made of the information contained on the Site by the Customer and for any direct or indirect damage resulting from this use.
9.5. The Company implements all the appropriate measures to ensure the Customer the supply, under optimal conditions, It can not however in any case be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party unrelated to the contract, or to a case of force majeure. More generally, if the liability of the Company were to be engaged, it could in no case accept to compensate the Client for consequential damages or whose existence and/or quantum would not be established by evidence.
9.6. The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
9.7. The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and cannot be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their contents.
9.8. The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising and other information disseminated on these websites.
9.9. It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers rejects, for example due to an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the e-mail for tracking shipment.
9.10. The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
10. PERSONAL DATA – COOKIES – SECURITY
10.1. PERSONAL DATA
The Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of Customers' personal data.
As part of the supply of Products, the Company collects personal data from Customers and in particular the following data:
- E-mail address
- First name
- Postal address and delivery address
- Consumption data
The Company collects and processes the personal data of Customers for the following purposes:
- Provision of Products and services on the Site;
- Order management ;
- Management of returns, exercise of the right of withdrawal, payment, invoicing, reimbursement, etc.;
- Information on the Company, the services, and the activities of the Company;
- Response to any questions/complaints from Customers;
- Development of statistics;
- Management of outstanding payments and disputes.
Data relating to the management of Customers' personal data is kept for the strictly necessary period as defined by the Data Protection Act as amended.
Customers' personal data is processed by the Company's sales department as well as by the Company's partner companies and subcontractors.
The Company may also communicate personal data in order to cooperate with administrative and judicial authorities.
The Company takes care to secure the personal data of Customers in an adequate and appropriate manner and has taken the necessary precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons.
- Customers acknowledge that the personal data disclosed by them is valid, up-to-date and adequate;
- Customers undertake not to infringe the privacy, image and protection of personal data of any third party and thus not to communicate to the Company the data of third parties without their consent.
Pursuant to Decree No. 2011-219 of February 25, 2011 relating to the retention and communication of data allowing the identification of any person having contributed to the creation of content put online, the Customer is informed that the host of the Site has the obligation to keep for a period of one year from the day of creation of the content, for each operation contributing to the creation of content:
- The identifier of the connection at the origin of the communication;
- The identifier assigned by the information system to the content, object of the operation;
- The types of protocols used for connecting to the service and for transferring content;
- The nature of the operation;
- The date and time of the operation;
- The identifier used by the author of the operation when the latter provided it.
In the event of termination of the contract or closing of the account, the host must also keep for one year from the day of the termination of the contract or the closing of the account the information provided when subscribing to a contract (Order ) by the Customer or when creating an account, namely:
- When creating the account: the identifier of this connection;
- The surname and first name or the company name;
- The associated postal addresses;
- The pseudonyms used;
- The associated e-mail or account addresses;
- Telephone numbers;
- The password as well as the data allowing it to be checked or modified, in their latest updated version.
Each computer connected to the Internet network has an IP address. As soon as a Customer browses the Site, the Company collects the Customer's IP address in order to analyze the traffic on the Site and to monitor the Customer's activity on the Site in order to ensure that the latter does not does not carry out acts likely to infringe the General Conditions of Sale appearing on the Site.
Finally, in accordance with the Data Protection Act dated January 6, 1978, Customers have a right of access, rectification, deletion as well as a right of opposition for legitimate reasons to the processing of their data collected and processed by the Company, by contacting the Company directly at the following email address: email@example.com .
10.2. COOKIES AND STATISTICAL TOOLS
10.2.2. In accordance with CNIL deliberation no. 2013-378 of December 5, 2013, the Company also informs Customers that cookies record certain information that is stored in the memory of their computer hardware/equipment. This information is used to improve the use and operation of the Site. An alert message asks each person visiting the Site, beforehand, if they wish to accept cookies. These cookies do not contain confidential information about Customers.
10.2.3. The Customer visiting the home page of the Site will be informed:
- the specific purposes of the cookies used;
- the possibility of opposing these cookies and changing the settings by clicking on a link in the banner;
- and the fact that the continuation of its navigation is worth consent to the deposit of cookies on its terminal.
10.2.4. To guarantee the free, informed and unequivocal consent of the Customer, the banner will not disappear until he has continued browsing.
10.2.5. Without prior consent of the Customer, the deposit and reading of cookies will not be carried out:
- if the Customer goes to the Site (home page or directly to another page of the Site) and does not continue to browse: a simple lack of action cannot in fact be assimilated to an expression of will;
- or if he clicks on the link present in the banner allowing him to configure the cookies and, if necessary, refuses the deposit of cookies.
The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system. The Client may not harm or hinder the Company's information system either. Failing this, the Company may take any measure against it and in particular incur criminal liability under Articles 323-1 and following of the Criminal Code.
11. INTELLECTUAL PROPERTY
11.1. All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.
11.2. The name and brand, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.
11.3. No title or right to any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software it contains, no more modify them or perform any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
11.4. The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may in no case be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
11.5. Any use by the Client of the corporate names, trademarks and distinct signs belonging to the Company is strictly prohibited except with the express prior consent of the Company.
12.1. By ticking the box provided for this purpose or by expressly agreeing to this end, the Client accepts that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (newsletter) which may contain information relating to its activity.
12.2. When the Customer ticks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for products similar to those ordered.
12.3. Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
13. DISPUTE RESOLUTION
13.1. SETTLEMENT OF DISPUTES, MANDATORY PRIOR CONCILIATION CLAUSE
All complaints should be addressed to Customer Service:
231, Rue Saint-Honoré
75001 paris France
In the event that a dispute arises between the Company and the Client, the latter may initiate a conciliation procedure directly with the Company in order to settle the dispute, without the intervention of a third natural or legal person.
In the event of failure of the complaint request to Customer Service or in the absence of a response from this service within 2 months, the Customer may submit the dispute to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
13.3. TERRITORIAL COMPETENCE
For any dispute relating to a past on the Site or for any dispute relating to these GCS, the competent court will be at the choice:
- that of the place of residence of the defendant,
- that of the place of delivery of the item or of the performance of the service, or
- that of the place where the Customer lived at the time of the conclusion of the contract or the occurrence of the harmful event.
13.4. APPLICABLE RIGHT
These T&Cs are subject to French law.