Valid as of 17 October 2018
Article 1/ Range of application
The present general terms and conditions of sale (known as CTC) apply, without restriction or reserve, to all sales concluded by the seller with non-professional buyers wishing to acquire the HORSHAIR products offered for sale on the HORSHAIR site.
The products offered are: serum, shampoo, care, brushes, ...
The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products are shown on the HORSHAIR website, which the customer must take into account before ordering.
The choice and purchase of a product is the sole responsibility of the customer.
Product offers are subject to availability.
These CTC can be consulted at any time on the HORSHAIR website and shall prevail over any other document.
The customer declares to have read these CTC and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the HORSHAIR website.
Unless proven otherwise, the data recorded in the seller's computer system constitutes proof of all transactions concluded with the customer.
Article 2/Price
The products are supplied at the prices in force on the HORSHAIR website, at the time the order is registered by the seller.
Prices are expressed in euros, exclusive of tax and VAT.
The prices take into account any discounts granted by the seller on the HORSHAIR website.
These prices are firm and non-revisable during their period of validity but the seller reserves the right, outside the period of validity and lack of stock, to modify the prices at any time.
Prices do not include shipping, transport and delivery costs which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
Article 3/Orders
It is up to customers toselect the products they wish to order on the HORSHAIR website, according to the following procedures:
Use the means at your disposal to choose the quantity of products, their capacity, etc.
The offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the HORSHAIR website constitutes the formation of a contract concluded at distance between the customer and the seller.
The seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute concerning the payment of a previous order.
Article 4/Delivery-Shipping
Deliveries are made within 5 working days to the address indicated by the customer when ordering on the site.
Delivery is the transfer to the customer of physical possession or control of the product. Except in special cases or when one or more products are unavailable, the products ordered will be delivered in one go.
The seller undertakes to make its best efforts to deliver the products ordered by the customer within the time limits specified above. However, these deadlines are given as an indication.
If the ordered products have not been delivered within 10 days after the indicative delivery date, for any reason other than force majeure or the customer's fault, the sale may be cancelled at the customer's written request under the conditions provided for in Articles L216-2, L216-3 and L241-4 of the French Consumer Code. The sums paid by the client will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
The customer is obliged to check the condition of the products delivered. He/she has a period of 2 days from the date of delivery to make complaints by e-mail to the address contact@horshair.com, accompanied by all the relevant proofs (photo in particular). After this period and in the absence of compliance with these formalities, the products shall be deemed to be in conformity and free of any apparent defect and no claim may be validly accepted by the seller.
The seller will reimburse or replace, as soon as possible and at his own expense, the delivered products for which the defects of conformity or the apparent or hidden defects will have been duly proven by the customer, under the conditions provided for in articles L217- and following of the Consumer Code and those provided for in these CTC.
The transfer of the risks of loss and deterioration relating thereto will only take place when the customer takes physical possession of the products. The products travel at the seller's risk, except when the customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the chosen carrier.
Article 5 / Transfer of ownership
Article 6 / Right of withdrawal
Article 7 / Seller's liability-warranties
The products supplied by the seller benefit from:
The legal guarantee of conformity, for defective, damaged or damaged products or those that do not correspond to the order,
The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use.
Provisions relating to legal guarantees
Article L217-4 of the French Consumer Code
Article L217-5 of the French Consumer Code
Article L217-12 of the French Consumer Code
Article 1641 of the French Civil Code
Article L217-16 of the French Consumer Code
In order to assert his rights, the customer must inform the seller in writing (e-mail or letter) of the non-conformity of the products or the existence of hidden defects as of their discovery without exceeding a period of one month from the date of receipt. The seller will refund or replace products that are found to be non-compliant or defective. This refund can be made by bank transfer or cheque.
The seller cannot be held responsible in the following cases:
Non-compliance with the legislation of the country to which the products are delivered, which it is up to the customer to check
In case of improper use
The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the seller.
The seller's liability is, in any event, limited to the replacement or reimbursement of non-conforming products or products affected by a defect.
Article 8 / Personal data
8.1 Collection of personal data
The personal data collected on the HORSHAIR website are the following:
Product order:
By the customer when ordering products:
Payment:
When paying for products offered on the HORSHAIR website, the website records financial data relating to the customer's bank account or credit card.
8.2 The recipient of the personal data
8.3 Data controller
8.4 Limitation of treatment
Unless the customer expressly agrees,personal data will not be used for advertising or marketing purposes.
8.5 Data retention period
The seller will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
8.6 Scurity and confidentiality
The seller implements organisational, technical, software and physical security and digital measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the internet is not a secure environment and the seller cannot guarantee the security of the transmission or storage of information on the internet.
8.7 Implementation of customer and user rights
In accordance with the regulations applicable to personal data, customers and users of the HORSHAIR website have the following rights:
They can update or delete their data in the following ways: In "my account"
They can delete their account by writing to the e-mail address indicated in article 8.3 "data controller".
They may exercise their right of access to know the personal data concerning them by writing to the address indicated in article 8.3 "data controller".
If the personal data held by the seller is inaccurate, they may request an update of the information by writing to to the address indicated in article 8.3 "data controller".
They may request the deletion of their personal data in accordance with applicable data protection laws by writing to to the address indicated in article 8.3 "data controller".
They can also request the portability of data held by the vendor to another provider.
Finally, they can object to the processing of their data by the seller.
These rights, as long as they are not opposed to the purpose of the processing, can be exercised by sending a request by post or e-mail to the data controller whose contact details are given above.
The controller must provide a response within a maximum of one month.
If the customer's request is refused, reasons must be given.
The customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (Commission Nationale de l'Informatique et des Libertés, 3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
(*National Commission for Information Technology and Civil Liberties)
The customer may be asked to tick a box by which he/she agrees to receive informative and advertising e-mails from the seller. He will always have the possibility to withdraw his consent by contacting the seller (contact details above) or by following the unsubscribe link.
Article9/ Intellectual property rights
The content of the HORSHAIR website is the property of the seller and its partners and is protected by French and international laws on intellectual property.
Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.
Article10/ Applicable law - language
These CTC and the operations arising from them are governed by and subject to French law.
The present CTC are originally written in French. In the event that they are translated into one or more foreign languages, as it is the case here into English, only the French text shall be deemed authentic in the event of a dispute.
Article11/Litigation
For all complaints, please contact the customer service department at the postal or e-mail address of the seller indicated in ARTICLE 1 of these CTC.
The customer is informed that he/she may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case the appointed mediator is mister Eric LESEUR e-mail address leseur.e@orange.fr
The customer is also informed that he/she can also have recourse to the Online Dispute Resolution (ODR) platform:
https://webgate.ec.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase and sale operations concluded in application of these CTC and which have not been the subject of an amicable settlement between the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.