These general terms and conditions of sale govern sales on the website of Laboratoire Ariland for the brand Hairgum, hereinafter referred to as "Hairgum", owner of the website hairgum.com (private access)/ pro.hairgum.com (professional access) - hereinafter referred to as "the Site".
These conditions apply to the exclusion of all other conditions. The fact of validating your order on the site of K pour Karité implies the Buyer's full and unreserved adherence to these general conditions of sale manifested by the fact of checking the box "I have read and accept the general conditions of sale", before validating the order. Any contrary condition set by the Buyer will therefore, in the absence of prior express acceptance of K pour Karité, not be opposable to it, regardless of when it may have been brought to its attention. The fact that the company K pour Karité does not avail itself at a given time of any of these general conditions of sale, can not be interpreted as a waiver of the right to rely on any of these conditions at a later date.
Identification of the company (site editor)
LABORATOIRE ARILAND - Hairgum
SASU with a capital of €150,000
Registered head office: LABORATOIRE ARILAND, 25 RUE LAVOISIER 75008 PARIS
hairgum.com : ZI du Dolmen 42380 Luriecq
Phone number 0477501939
E-mail address: [email protected]
Registered RCS Montbrison - Trade Register 351 025 422
SIRET: 351 025 879 00013
General terms and conditions of sale for products sold on hairgum.com.
Date of last update 27.01.2017
For any information, question, advice or complaint, follow-up of your orders and deliveries, possible return of products, we are at your disposal:
- By mail : Laboratoire ARILAND - Service Web Hairgum - ZI du Dolmen - 42380 Luriecq - FRANCE
- By phone : 0033 477501939
- By email :[email protected] (website : hairgum.com)
The Website allows the company Hairgum to offer for sale hair cosmetic products and accessories (hereinafter referred to as "Products") to an Internet user browsing the Website (hereinafter referred to as "User"). Prior to his order, the User declares having full legal capacity, allowing him to commit himself under these general sales conditions. Any order of one of the Products offered on the Site implies the consultation and express acceptance of these general terms and conditions of sale, without however this acceptance being conditioned by a handwritten signature on the part of the User. In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of 30 March 2001, taken for the application of Article 1316-4 of the Civil Code and relating to the electronic signature, it is recalled that the validation of the order form as specified in Article 3.3 below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and the enforceability of the sums due in execution of the said order. The User, prior to his order, declares that the acquisition of Products is not directly related to his professional activity, their acquisition being reserved for his personal use. As a consumer, the User therefore has specific rights, which would be called into question in the event that the Products acquired via the Site are in fact related to his professional activity. The products are offered for sale in the following geographical area: Metropolitan France, Corsica France or Overseas, Europe and major export. Finally, it is specified that the User may save or print the present general terms and conditions of sale, provided that they are not modified.
Article 1. OBJECT
The purpose of the present general terms and conditions of sale is to define, exclusively by reason of the relations that they establish on the Internet network, the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.
Article 2. PRODUCTS - PRICES
The Products offered for sale by Hairgum are those listed on the site on the day of consultation by the User and within the limits of available stocks. In accordance with Article L. 111-1 of the Consumer Code, the User may, prior to his order, read on the Site the essential characteristics of the Product(s) he wishes to order. The Products offered for sale are described and presented as accurately as possible. However, if errors or omissions may have occurred in this presentation, Hairgum cannot be held liable. In the event that the packaging of products is modified without affecting its functions or qualities, the graphic representation of it on the Site does not engage the responsibility of Hairgum or even affect the validity of the sale. Once the order is validated, the User will receive an email confirming his order.
Prices are indicated in Euro. They take into account possible reductions as well as the V.A.T., applicable on the day of the order. The indicated prices are guaranteed within the limit of available stocks, except for important modifications of the charges and in particular of the VAT, and except for typographical errors or omissions. The prices indicated do not take into account the shipping costs which will be invoiced in addition and will be specified to the User during the final validation of his order. Hairgum reserves the right to modify its prices at any time but the products will be charged on the basis of the rates in effect at the time of registration of the order, subject to availability of products.
The products remain the property of Hairgum until full payment of the price.
Attention: as soon as you take physical possession of the ordered products, the risks of loss or damage of the products are transferred to you.
Article 3. REGISTRATION AND VALIDATION OF THE ORDER
You can place an order :
- On the Internet: hairgum.com (private individuals) / pro.hairgum.com (professionals)
- By email : [email protected]
- By mail : Laboratoire ARILAND - Service Web Hairgum - ZI du Dolmen - 42380 LURIECQ
3.2. Navigation within the Site
The User can take note of the various Products offered for sale by Hairgum on its Site. The User can browse freely on the different pages of the Site, without being committed to an order. The User is responsible for the telecommunication costs incurred when accessing the Internet and using the Site.
3.3. Registration of an order, choice of products
The User having taken knowledge of the products and their characteristics marketed by Hairgum has under his sole responsibility and according to his needs as he has previously determined them before any order, made his choice on the product(s) being the subject of his order. In addition, the User, knowing only the products he owns and uses, is the sole judge of the compatibility of the products ordered with those used by himself. It is exclusively up to the User, if he does not consider himself sufficiently competent, to be assisted by an adviser. If the User wishes to place an order, he or she will choose the various Products in which he or she is interested, and will express this interest by clicking on the "Add to basket" button.
At any time, the User may :
- Obtain a summary of the Products he or she has selected or modify his or her order, by clicking on the "Shopping Cart" button in the upper right-hand corner of each page,
Continue its selection of Products,
- Complete your selection of Products and order them by clicking on "Place Order".
To order the Products he has thus chosen :
- any Non-Professional User to choose whether or not to log in ("guest" mode)
- all Professional Users must identify themselves
either by entering his or her e-mail address and password, if he or she has already created an account, or by entering his or her contact details during the ordering process. In the latter case, the User must accurately fill in the form made available to him/her, on which he/she will include the information necessary for his/her identification and in particular his/her surname, first name and postal address. In addition, the User will have to provide his or her e-mail address and a password of his or her choice, which will be personal and confidential and which will be necessary for him or her to identify himself or herself later on the Site. The User is informed and accepts that entering these two identifiers is proof of his or her identity and shows his or her consent. Once the User has been identified and after having checked the accuracy of his or her details and clicked on the "Validate" button, an order form will appear on the screen, summarising: the nature, quantity and price of the Products selected by the User, as well as the total amount of the order, the delivery address and the billing address for the Products.
3.4. Validation of the order
After having read the contents of his order, and once all the information requested has been completed by the User, the latter will click on the "Order" button to definitively validate his order. He will choose the means of payment he wishes to use to pay for his order, it being understood that the User must have the means of payment as defined in article 4. below. He will click on the button corresponding to the means of payment he has chosen: Credit Card, Paypal, see transfer for professionals. It is specified that by choosing an immediate payment by credit card, as provided for in Article 4. hereafter, the User will then be automatically switched to the Cyberplus Paiement secure electronic payment server (hereafter referred to as "Bank"). The Bank's server is based on 3D SECURE device and is secured by S.S.L. (Secure Socket Layer) encryption in order to protect as efficiently as possible all data related to the means of payment, and that at no time the User's banking data will transit on Hairgum's computer system. Its responsibility is thus released. As soon as the User validates his payment, the order is recorded and becomes irrevocable. The User then becomes the Buyer.
The order form will be transmitted to the Purchaser by e-mail and recorded on the computer registers of Hairgum, themselves kept on a reliable and durable support, and will be considered as proof of the contractual relations between the Purchaser and Hairgum. Once your order is validated, you will receive an email confirming your order. This email will summarize your identity, the details of the products purchased, the price to be paid and the method of payment chosen, the fees and the delivery address. If you wish, the invoice can be downloaded in PDF format and a history of your last orders is available in the "my account" section. Our order recording systems show your identifiers and the elements you have entered, the date and the content of the order. Your order is thus confirmed by our services, subject to the subsequent verification by our services of the conformity of the order with the offer present at the time of the order and the absence of a previous unpaid order.
You will also receive an email notifying you of the dispatch of your order.
Article 4. PAYMENT
4.1. General Rules
Payment must be made and validated at the time of the order by the User. At no time can the sums paid be considered as a deposit or advance payment. All orders are payable in euros. The Buyer guarantees to Hairgum that he has the authorizations possibly necessary to use the method of payment that he will have chosen, at the time of the recording of the purchase order. In any event, Hairgum reserves the right to refuse any order or delivery in the event of dispute with the Purchaser, total or partial non-payment of a previous order by the Purchaser, refusal of authorization of payment by credit card from banking organizations, use of a credit card not issued by a French financial institution. The responsibility of Hairgum can then in no case be engaged in this respect. For any payment, Hairgum reserves the right to ask for a photocopy of the Buyer's identity card and, where applicable, that of the holder of the means of payment used by the Buyer, or payment by transfer of the sum due.
As part of the fight against fraud on the Internet, information relating to the order placed by the Purchaser may be transmitted to any third party for verification. Penalties in an amount equal to the legal interest rate plus five points are automatically applicable to unpaid amounts after a period of ten days following the invoice date or upon notification of rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.
4.2. Means of payment
To pay for his order, the Buyer has the following payment methods: credit card, paypal, cheque or bank transfer - the latter being reserved for professionals only.
Article 5. DELIVERY
5.1. General Rules
The Buyer is obliged to check, in the presence of the postman or deliveryman, the condition of the packaging of the goods and its contents on delivery. In the event that the Purchaser has any doubt of any kind whatsoever on the condition or contents of his package, he is required: to apply the procedure: including reporting damage due, all claims and reservations and to refuse the goods by immediately issuing a report of anomaly with the postman or the nearest post office, to report these incidents immediately to Hairgum in writing [email protected] specifying the order number.
5.2. Time Limits
For all shipments, you have a tracking link to see the routing of your package (sent by mail as soon as it is picked up by La Poste). The average processing time of the order is 24 hours (excluding weekends and holidays), plus delivery time.
Delivery times are given in working days (excluding weekends and public holidays) and as an indication according to La Poste. Under no circumstances can they be opposed and any overrun can not give rise to damages or reimbursement of shipping costs. In any event, the Products will be sent by the usual postal services or by carrier.
Hairgum therefore declines all responsibility in the event of excessively long delivery times due to postal services or means of transport, as well as in the event of loss of Products ordered or strikes. The risks of transport are borne by the Buyer, who will have to formulate a justified protest directly with the postal services or the carrier. Moreover, it is specified that the ownership of the ordered Products will only be transferred to the Buyer upon full payment of the invoiced price, including delivery costs. In any event, and in accordance with the provisions of Article L. 121-20-3 of the French Consumer Code, the Products ordered will be delivered within a maximum period of thirty days from the day following that on which the Buyer registered his order, subject to full payment of the price. In the event of non-delivery at the end of this period, the Buyer will have the option of cancelling his order. The sums paid by the Buyer will then be returned to him without delay, to the exclusion of any other compensation. In case of late delivery compared to the date initially set, the Buyer may notify Hairgum in writing (mail, e-mail) to improve the quality of service that may be offered and allow Hairgum to conduct an investigation with the carrier. If during this investigation, the product is found, it will be immediately re-routed to the place of delivery designated in the order form. On the other hand, if the ordered product is not found at the end of this investigation period, K pour Karité will proceed at its expense to a new shipment of products ordered by the Buyer.
5.3. Unavailability of products
The products are offered within the limit of available stocks. In case of unavailability of one of the products, the Buyer will be informed as soon as possible. This information may be notified to him/her, as far as possible, in the following manner:
- at the time of placing the order
- following the validation of his order, by e-mail.
In case of payment of unavailable products, Hairgum will refund the overpayment.
Undelivered parcel : The Buyer must ensure that his personal data provided when validating his order are accurate and complete. Hairgum cannot be held responsible for the impossibility to deliver the order if the customer's data contain an error or are incomplete. In case of return to the sender for incomplete or erroneous address, the costs of returning the package will be charged to the Buyer. No dispute relating to the delivery itself is possible if the package appears on the electronic tracking system as having been delivered, the electronic tracking system (flash) of the carrier being taken as proof.
Missing or defective Product: Despite all the care taken by Hairgum in preparing the packages, it is possible that a Product may be missing. Similarly, after transport of the package, one of the Products may be defective. Therefore, upon receipt of his order, the Buyer will check the conformity of the products received as mentioned in Article 5.1. Any anomaly concerning the delivery (missing or defective product) must be notified, the same day of receipt by e-mail accompanied by a photograph, the order number and the complete identity of the Purchaser, to the Customer Service of Hairgum, by e-mail at [email protected] Hairgum reserves the possibility of asking the Buyer to return the defective Product. Without reserve for deterioration duly notified by the Buyer to the delivery company upon receipt of the package, or before its opening for a package deposited in a letter box, as mentioned in Article 5.1, no claim for a missing product will be accepted if the weight of the package registered by the delivery company upon receipt attests that the order is complete. It is specified that some products can be secured by a piece of tape or any other means to limit the risk of opening the bottle during transport. This security does not in any way call into question the new condition of the product and does not constitute a defect or any defective character. If the above-mentioned conditions are met, Hairgum will then either exchange or refund the defective Product(s), or re-ship the missing Product (subject to the merits of the Buyer's request). Hairgum will contact the Buyer to keep him/her informed of the follow-up of the file.
5.5. Customs duties
Any order placed on the Site and delivered outside of France may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of an item are the responsibility of the customer. Hairgum is not required to verify and inform the Buyer of the amount or terms of customs duties or taxes applicable. To know them, it is up to the Buyer to inquire with the competent authorities of his country.
Orders delivered outside the European Union: an order delivered outside the European Union is considered as an import by the Buyer of the product(s) concerned. It is the responsibility of the Buyer to inquire with the local authorities about customs duties, local taxes and other import duties that may be claimed, these rights are not the responsibility of Hairgum and are the sole responsibility of the Buyer. Hairgum cannot be held responsible for the purchase of a product considered as non-compliant in a given country, even though this product complies with French regulations.
Article 6. RIGHT OF WITHDRAWAL
In accordance with the law, the Buyer has a right of withdrawal of fourteen (14) clear days to return, at his or her expense, the Product(s) he or she has ordered if he or she is not satisfied without having to justify the reason, in accordance with the provisions of Articles L 121 et seq. of the Consumer Code. This period starts from the day of receipt of the order.
The Product(s) must be returned to Hairgum. See Article 7 below for the conditions of return. If the conditions are met, Hairgum will reimburse the Buyer, within a period of fourteen (14) days from the date of receipt by Hairgum of the package (the date of receipt by Hairgum being equivalent to notification to Hairgum of the exercise by the Buyer of his right of withdrawal), the sums paid by him, with the exception, however, of the shipping and return costs of the Products to Hairgum, which remain the responsibility of the Buyer.
Items sold in sales, promotions, private sales or as part of a promotional offer subject to purchase can only be the subject of a credit note.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
- The supply of goods likely to deteriorate or expire quickly.
- 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.
Cosmetic products that have been opened and show traces of use cannot be refunded or exchanged for reasons of hygiene.
Article 7. RETURN OF PRODUCTS
Within the framework of the exercise of the legal right of retraction as mentioned in Article 6, to return a Product(s), the Buyer must first contact Hairgum's Customer Service by email at [email protected] or by mail, specifying the order number and the reference of the Product(s) concerned as mentioned on the invoice received by email. You can use the model withdrawal form by clicking here but it is not mandatory.
The Product(s) must be returned unopened, unused, in its (their) original packaging and wrapping to the following address Laboratoire Ariland - ZI du Dolmen - 42380 Luriecq - France.
After confirmation of the perfect condition of the returned item, the refund will be made as mentioned in Article 6. Returned products must imperatively be in perfect condition for resale, in their original state (packaging, accessories, instructions, etc.), unused (pump not primed) and duly sealed. Any risk related to the return of the product is the responsibility of the Buyer.
Refunds will be made by the method of payment used to pay for the order, except in exceptional cases. For any further information, please contact our Customer Service.
Exchanges: to make an exchange, contact us by email at [email protected], within 14 days of purchase.
Returns due to non pick-up at the relay point or NPAI ("does not live at the indicated address")
In the event of return of one or more parcels sent for one of the following reasons: not picked up at the relay point or "does not live at the address indicated", the return of the parcel(s) will only be made after payment of the actual cost of the shipping and return costs of the orders, plus the actual amount of the return costs.
In the event of a request for reimbursement of the order, the amount will be that of the order, less the actual cost of shipping and return postage including VAT.
No return package will be accepted by Hairgum if it is sent postage due.
Article 8. LIABILITY
Hairgum cannot be responsible for any loss of data, files. It is up to the Buyer to make all necessary backups. The Hairgum website also contains information from third parties, and links to other websites. Hairgum can in no case be held responsible for damages resulting from the use of, access to, or inability to use this third party information, or the content of other websites.
8.2. Force majeure
Hairgum cannot be held responsible for any inconveniences that may arise from use that does not conform to the advice given on the product and its packaging. Hairgum could not be held responsible for the non-fulfillment of the contract in case of stock shortage or unavailability of the product due to a case of force majeure, disruption or total or partial strike, particularly of postal services and means of transport and / or communications.
8.3. Product warranty
The products offered are in conformity with the French legislation in force. LABORATOIRE ARILAND cannot be held responsible in case of non-respect of the legislation of the country where the product is delivered. It is up to you to check with the local authorities the possibilities of importing or using the products or services that you plan to order.
Moreover, the company LABORATOIRE ARILAND cannot be held responsible for damages resulting from a misuse of the purchased product.
Expiry date: The expiry dates as well as the batch numbers are indicated on the items that require it and are the responsibility of the manufacturer.
8.4. Duty of care
Hairgum has, for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. The responsibility of Hairgum can not be held liable for any inconvenience or damage inherent in the use of the Internet, including a break in service, external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with the law and jurisprudence.
Article 9. INTELLECTUAL PROPERTY
All the elements of the Site are the intellectual and exclusive property of Hairgum. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, text, visual or sound. The User who has a personal website and who wishes to place, for personal use, on his site a simple link directly referring to the Site, must make a request to Hairgum. In all cases, any link, even tacitly authorized, must be removed upon request from Hairgum. In the event that the hypertext link leads to another site(s) other than the Site, Hairgum declines all responsibility in the event that the content of these sites contravenes the laws and regulations in force. The intellectual property rights on the products and documents contained in the Site and each of the elements created for this Site are the exclusive property of Hairgum or its suppliers, it or they do not grant any license or any other right other than that of consulting the Site. The trademarks and other intellectual property rights cited on the Site are the property of Hairgum or the entities concerned; Any reproduction of trademarks, distinctive signs, products and generally any document published on the Site is prohibited. Any reproduction or other use without the prior and express agreement of Hairgum or the entity concerned will constitute counterfeiting and will be prosecuted and punished under the Code of Intellectual Property.
Article 10. INFORMATION TECHNOLOGY AND FREEDOMS
10.1. Specific risks related to computer networks
The User declares that he/she is aware of and accepts the characteristics of computer and telecommunications networks. In particular, Hairgum cannot be held responsible in the following cases, without this being an exhaustive list:
- Interruption of the networks, delays or delays in the routing of electronic messages or any other data
- Hardware or software failures
- Malicious acts, data theft, computer viruses, failures in protection and backup measures
- Handling errors, misuse of hardware and software
- Loss of data and/or transactions, business interruptions or other resulting loss of a pecuniary nature
- Problems related to the content of websites, e-mails and any information transmitted by the networks, which are independent of Hairgum
- Misuse or malicious use of data, text, images or information
- All cases of force majeure, unforeseeable events or any other causes not depending on the deliberate will of Hairgum.
Hairgum cannot exert control, in any form whatsoever, on the nature or characteristics of the data which could pass through its server center. Consequently, Hairgum cannot be held responsible for the services accessible via the Internet and in particular for any damage, direct or indirect, whatever the causes, origins, natures or consequences, caused by the access of anyone to the site, or the impossibility of accessing it, the use of the site and/or the credit given to any information coming directly or indirectly from the latter, not provided by Hairgum.
10.2. Personal information
In application of the law "Informatique et Libertés", the information requested by Hairgum is mandatory and necessary for the recording and follow-up of your order, the commercial and marketing management of your file and the quality of our relations. The lack of information implies the automatic rejection of the order. In accordance with the law n°78-17 of January 6, 1978 relating to data processing, the files and freedoms, the treatment of the personal information collected on the Site was the subject of a declaration near the National Commission of Data processing and Freedoms. The User has the right to access, modify, rectify and delete data concerning him/her. In order to exercise this right, the User must send a letter to Hairgum's Customer Service Department at the address specified hereafter, specifying his name, first name and postal address. As far as the e-mail address is concerned, it may only be communicated to third parties with the express consent of the User when creating his/her account on the Site. Of course, a posteriori, the User retains the possibility of refusing by expressing his or her refusal by postal mail, at the following address Laboratoire Ariland - Hairgum - ZI du dolmen - 42380 Luriecq.
Hairgum reserves the right to install cookies in the computers of visitors to its website. A cookie does not allow Hairgum to identify the user. It is a computer file, stored on the hard disk of the user's computer. Its purpose is to indicate a previous visit of the user on the Site. Cookies are only used by Hairgum in order to personalize the service offered to the user.
For more information, please consult our section dedicated to Cookies.
Article 11. MISCELLANEOUS STIPULATIONS
11.1. Partial invalidity
If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations referred to in these general conditions of sale cannot be interpreted for the future as a waiver of the obligation in question.
11.3. Entire contract
The present general terms and conditions of sale and the summary of the order transmitted to the customer form a contractual whole and constitute the entirety of the contractual relations between the parties.
11.4. Applicable law
The present General Conditions of Sale and the contractual relations between Hairgum and the Buyer are subject to French law. In case of dispute, an amicable solution will be sought before any legal action. In the absence of an amicable agreement, any dispute relating to the interpretation, execution or breach of the contract between Hairgum and the Buyer, even in case of plurality of defendants, will be under the exclusive jurisdiction of the French courts.