Terms and Conditions
General conditions of sale
Article 1 - Content and scope of application
Any order for products implies the unreserved acceptance by the buyer and his full and complete adherence to these general conditions of sale which prevail over any other document of the buyer, and in particular over all general conditions of purchase, unless expressly agreed otherwise by the supplier.
These general terms and conditions of sale apply to all sales of the supplier's products, unless otherwise specifically agreed in writing between the parties prior to the order. Consequently, the placing of an order by a customer implies the latter's unconditional acceptance of these general terms and conditions of sale, unless special conditions are agreed in writing by the supplier to the purchaser.
Any document other than these general conditions of sale and in particular catalogues, prospectuses, advertisements, notices, has only an informative and indicative value, not contractual.
These general terms and conditions of sale are communicated to any buyer who requests them, in order to enable them to place an order with the supplier, as well as to any distributor prior to the conclusion of a single agreement referred to in Article L. 441-7 of the French Commercial Code, within the legal time limits.
These general conditions of sale are applicable until 12/31/2024.
Article 2 - The order
The buyer places his order online, from the online catalog and using the form on the site. For the order to be validated, the buyer must accept, by clicking on the place indicated on the site, the present general conditions. His acceptance will result in the sending of a confirmation email from the seller, in accordance with the conditions described below. The buyer must choose the address and the delivery method. Payment is made by direct debit.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
If an ordered product is unavailable, the buyer will be informed by email.
The cancellation of the order for this product and its possible refund will then be carried out, the remainder of the order remaining firm and definitive.
Article 3 - Order confirmation
Contractual information will be confirmed by email at the latest at the time of delivery or, failing that, to the address indicated by the buyer in the order form.
Article 4 - Proof of the transaction
The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 5 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limit of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
Product photographs are not contractually binding.
Article 6 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery costs, which are charged in addition and indicated before the order is validated. Prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
Payment of the full price must be made when ordering. At no time may the amounts paid be considered as deposits or down payments.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the sale price of the products.
Article 7 - Method of payment
7.1 Regulations
This is an order with payment obligation, which means that placing the order implies payment by the buyer.
Payment for the order is made only by direct debit from the buyer's bank account. The buyer must enter their bank details in the space provided and confirm this entry by adding their computer bank details as an attachment to the order form. The seller reserves the right to suspend any order management and delivery in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered. The seller has set up an order verification procedure intended to ensure that no person uses another person's bank details without their knowledge.
As part of this verification, the buyer may be asked to fax the seller a copy of an identity document and proof of address. The order will then only be validated after receipt and verification by the seller of the documents sent.
7.2 Late payment
Any delay in payment will result in the immediate payment of all sums owed to the seller by the buyer, without prejudice to any other action that the seller would be entitled to take, in this respect, against the buyer.
Article 8 - Availability of products
Except in cases of force majeure or during closing periods clearly announced on the home page of the site, shipping times will be, within the limit of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For delivery in Metropolitan France, the deadline is 15 working days from the day following the day on which the buyer placed their order.
In the event of a delay, the seller shall not be held liable for any reason whatsoever. Consequently, no claim for compensation of any nature whatsoever may be made by the buyer.
In the event of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the option to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.
Article 9 - Delivery terms
Delivery is only made after confirmation of payment by the seller's banking institution. It is provided within a maximum period of 1 month from receipt by the seller of the purchase order.
Any delay of more than 1 month may result in the sale being cancelled. Any deposits paid will then be returned to the buyer.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected from the location and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 3 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 10 - Delivery errors
The buyer must notify the seller on the same day of delivery or at the latest on the first working day following delivery, of any claim for delivery errors and/or non-conformity of the products in nature or quality compared to the information on the order form. Any claim made after this deadline will be rejected.
The claim may be made:
- email address: contact@hairmocktail.com
Any claim not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and releases the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it by email to the buyer. The exchange of a product can only take place after the assignment of the exchange number.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the address sent by the after-sales service.
Return costs are the responsibility of the seller.
Article 11 - Product warranty
The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, arising from a design or supply defect of said services, excluding any negligence or fault of the buyer.
In any event, in the event that the seller's liability is retained, the seller's guarantee will be limited to the amount excluding tax paid by the buyer for the purchase of the goods.
Article 12 - Force majeure
Are considered as cases of force majeure or unforeseeable circumstances, events beyond the control of the parties, which they could not reasonably have foreseen, and which they could not reasonably have avoided or overcome, to the extent that their occurrence makes the performance of the obligations totally impossible.
The following are considered to be cases of force majeure or fortuitous events releasing the supplier from its obligation to deliver within the initially planned deadlines: strikes by all or part of the supplier's staff or its usual carriers, fire, flood, war, production stoppages due to unforeseen breakdowns, the impossibility of obtaining supplies of raw materials, epidemics, thaw barriers, roadblocks, strikes or disruptions in EDF-GDF supplies, or disruptions in supplies for a reason not attributable to the supplier, as well as any other cause of disruption in supplies that is not attributable to other suppliers.
In such circumstances, the supplier will notify the customer in writing, in particular by fax or email, within 24 hours of the date of occurrence of the events, the contract binding the supplier and the customer then being suspended automatically without compensation, from the date of occurrence of the event.
If the event were to last more than thirty (30) days from the date of its occurrence, the sales contract concluded by the supplier and its customer may be terminated by the most diligent party, without either party being able to claim the award of damages.
This termination will take effect on the date of first presentation of the registered letter with acknowledgment of receipt terminating said sales contract.
Article 13 - Partial non-validation
If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 14 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 15 - Applicable law
Any question relating to these general conditions of sale and to the sales they govern, which is not dealt with by these contractual provisions, will be governed by French law to the exclusion of any other law, and as a supplement, by the Vienna Convention on the International Sale of Goods.
Article 16 - Buyer's acceptance
These general terms and conditions of sale as well as the rates and scales concerning discounts, rebates and rebates attached hereto are expressly approved and accepted by the buyer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, his own general terms and conditions of purchase.