General Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE
Date of last update : 03/07/2021
Article 1 - LEGAL NOTICE
This website, accessible at the URL https://mens-cut.com (the "Site"), is published by :
Kessi MKT, having the VAT number FR13877647917. Located at 10 Rue de Penthièvre, Paris, France, represented by Alexis PLAINCHAMP duly authorized,
(hereinafter referred to as the "Operator").
The Operator can be reached on the following telephone number 0603996647 and at the following e-mail address firstname.lastname@example.org
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general terms and conditions of sale (the "General Terms and Conditions of Sale", or the "GTC") are applicable exclusively to the online sale of products offered by the Operator on the Website.
The GSC are made available to customers on the Website where they can be consulted directly and can also be communicated to them on request by any means.
The GTC are opposable to the customer who acknowledges, by ticking a box or clicking on the button provided for this purpose, that he has been made aware of them and that he has accepted them before placing an order. The validation of the order by its confirmation is equivalent to the buyer's acceptance of the GTC in force on the day of the order, the conservation and reproduction of which are assured by the Operator.
Article 3 - DESCRIPTION OF PRODUCTS
The Site is a website for the online sale of portable nebulisers aimed at relieving respiratory problems and in no way at curing them or reducing their impact on health (hereinafter the "Product(s)") open to any natural or legal person using the Site (the "Customer").
The Products presented on the Site are each the subject of a description (drawn up by the supplier or accessible on the manufacturer's site via a link on the Site) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for use of the Product, if they are essential, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of French law in force.
The Customer remains responsible for the methods and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the Customer's expense. In addition, the Customer must provide and be entirely responsible for the equipment necessary to connect to the Site.
The Customer acknowledges that he has checked that the computer configuration he uses is secure and in working order.
Article 4 - ORDERS
The Operator endeavours to guarantee optimal availability of its Products. Product offers are valid within the limits of available stocks.
If, despite the best efforts of the Operator, a Product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email, as soon as possible and the Customer will have the choice between :
the delivery of a Product of a quality and price equivalent to that initially ordered, or
a refund of the price of the Product ordered within thirty (30) days of payment of the sums already paid.
It is agreed that apart from the refund of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.
With the exception of any mention to the contrary in these General Conditions and without prejudice to the right of withdrawal provided for by the applicable law, the Client's orders are firm and definitive.
When placing an order, the Customer must select the Products chosen and add them to his basket, indicating the Products selected and the quantities desired. The Customer may check the details of his/her order and its total price, and return to the previous pages to correct the contents of his/her basket if necessary, before validating it.
The Customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. Confirmation of the order implies acceptance of the GTC and forms the contract.
A copy of these General Terms and Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of the Order so that the Customer can refer to them.
The contractual information relating to the order (including the order number) will be confirmed by e-mail in due course and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the "my account" area. The Operator also advises the Customer to print and/or file this invoice on a reliable and durable medium as proof.
Any email sent to the Customer in the context of an order will be sent to the email address that the Customer uses to identify himself in his customer area.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:
The Customer does not respect the General Conditions in force at the time of the order;
The Customer's order history shows that there are outstanding amounts from previous orders;
One of the Customer's previous orders is the subject of a dispute currently being processed;
The Customer has not responded to a request for confirmation of his order sent to him by the Operator.
The Operator archives the contracts for the sale of Products in accordance with the applicable legislation. By sending a request to the following address [Contact Email], the Operator will provide the Customer with a copy of the contract for which the request is made.
Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.
The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the Operator cannot be held responsible in the event that an error when placing the order prevents or delays delivery.
The Customer declares that he has full legal capacity to commit himself under these General Conditions.
Registration is open to adults with legal capacity and to minors provided that they are under the supervision of a parent or guardian with parental authority. Under no circumstances is registration authorised on behalf of third parties unless they are validly authorised to represent them (e.g. a legal entity). Registration is strictly personal to each Client.
In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate without notice the account of the said Customer.
Article 5 - PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price against the supply of the Product ordered.
In any case, the Operator reserves the right to check the validity of the payment, before sending the order, by all necessary means.
The Operator uses the online payment solution [Online payment solution].
Orders can be paid for using one of the following payment methods:
Payment by credit card. Payment is made directly on the secure bank servers of the Operator's bank, the Customer's bank details do not pass through the Site. The bank details communicated at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer's order is recorded and validated as soon as the bank accepts the payment.
The Customer's account will only be debited with the corresponding amount when (i) the data of the bank card used has been verified and (ii) the debit has been accepted by the bank that issued the bank card.
The impossibility of debiting the sums due will result in the immediate nullity of the sale.
In particular, the bank card may be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.
Payment by electronic wallet (Paypal type). The Customer already has an account in the e-wallet used by the Operator. The Customer can use this account and pay for his order in complete security without communicating his bank details.
In this case, the order validated by the Customer will only be considered effective when the secure bank payment centre has given its agreement on the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalise his order. These documents will not be used for any other purpose.
Article 6 - PAYMENT OF THE PRICE
The price of the Products in force at the time of the order is indicated in euros including all taxes (TTC) but excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the advertisement for the promotion.
The price is payable in Euros (€) only. The price is payable in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the order is confirmed by the Customer. The total amount due by the Customer and the details of this are shown on the order confirmation page.
Article 7 - FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.
The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places an order, he/she must confirm it using the "double-click" technique, i.e. after selecting the Products added to the basket, the Customer must check and possibly correct the contents of his/her basket (identification, quantity of products selected, price, delivery methods and costs) before validating it by clicking on "I validate my delivery", then he/she acknowledges acceptance of these GTCs before clicking on the "I pay" button, and finally he/she validates his/her order after filling in his/her banking details. The "double click" is an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Customer.
Communications, order forms and invoices are archived by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, order forms and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
The order can be cancelled by the Customer by registered letter with acknowledgement of receipt or by a written document on another durable medium in case of :
delivery of a Product that does not comply with the declared characteristics of the Product
delivery beyond the deadline set out in the order form or, in the absence of such a deadline, within thirty (30) days of the conclusion of the contract, after the Operator has been enjoined, in the same way and without result, to make the delivery within a reasonable additional period;
an increase in price that is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the Customer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.
The order may be cancelled by the Operator in the event of :
refusal by the buyer to take delivery ;
non-payment of the price (or the balance of the price) at the time of delivery.
Article 8 - SHIPMENT AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The shipping costs are those specified at the time of the order finalization and are accepted by the validation of the order.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum of thirty (30) days after receipt of the order.
The delivery times are announced in working days on the Site when the order is placed. These deadlines include the preparation and dispatch of the order as well as the deadline set by the carrier.
The Operator undertakes to dispatch the Products in accordance with the deadlines announced on each Product sheet and in the shopping basket, provided that the payment of the order has not been refused beforehand.
However, if one or more Products cannot be delivered within the timeframe initially announced, the Operator will send an email indicating the new delivery date to the Customer.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to the Customer to check that this address does not contain any error. The Operator cannot be held responsible if the address given by the Customer is incorrect, thus preventing or delaying the delivery.
Upon delivery, the Customer may be asked to sign a receipt.
No delivery will be made to a post office box.
On delivery, it is the Customer's responsibility to check that the Products delivered conform to the order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery note. No claim on the quantity or condition of the Product will be accepted if the claim has not been indicated on the delivery slip.
Article 9 - RIGHT OF RETURN
If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 and following of the Consumer Code, the Customer is invited to fill in the standard withdrawal form by clicking on the link below
The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by e-mail.
If necessary, the Customer may exercise his right of withdrawal by notifying the following information to the Operator
name, geographical address, telephone number and e-mail address;
decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail if these details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form but this is not obligatory.
To the attention of the Company referred to at the top of this document (reproduce address) by email to the email address of your medium:
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of the following services (*):
Ordered on (*) :
Name of consumer(s) :
Address of the consumer(s) :
Signature of the consumer(s) (in case of notification of this form on paper) :
(*) Delete as appropriate.
The cost of returning the goods is borne by the Customer, unless the goods cannot normally be returned by post, in which case the Operator will collect the Product at its expense.
The returned Product must be in its original packaging, in perfect condition, fit for resale, unused and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (surname, first name, address) of the Customer as well as the order number and the original purchase invoice.
The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receiving the Product and all the elements required to implement the reimbursement of the Customer. This refund may be made by the same means of payment as that used for the Customer. In this respect, the Customer having paid for his order in the form of credit notes / gift vouchers may be reimbursed by credit notes / gift vouchers according to the Operator's wishes.
By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges that he has been informed of the terms of withdrawal.
ARTICLE 10 - LIABILITY AND GUARANTEE
The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party to the present.
The Customer acknowledges that the characteristics and constraints of the Internet do not allow the security, availability and integrity of data transmissions on the Internet to be guaranteed. Thus, the Operator does not guarantee that the Site and its services will function without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change their content and/or presentation.
The Operator cannot be held responsible for the use that would be made of the Site and its services by the Clients in violation of the present General Conditions and for the direct or indirect damage that this use could cause to a Client or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Client and for his behaviour towards third parties. In the event that the Operator's liability is sought due to such behaviour by one of its Customers, the latter undertakes to guarantee the Operator against any sentence pronounced against him and to reimburse the Operator for all costs, in particular lawyers' fees, incurred in his defence.
Independently of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When you act within the framework of the legal guarantee of conformity :
you have a period of two (2) years from the delivery of the goods to act:
you may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;
you are exempted from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except for second-hand goods).
You may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
ARTICLE 11 - AFTER-SALES SERVICE
The after-sales services performed by the Operator and not covered by the commercial guarantee are the subject of a contract, a copy of which is given to the Customer.
Claims made under the guarantees must be addressed to the after-sales service at the following address
e-mail address: email@example.com
postal address: 10 Rue de Penthièvre, Paris, 75008, France
Products covered by the guarantees must be returned in new condition, complete and in their original packaging after receipt and confirmation of the claim by the after-sales service.
The Customer will be reimbursed for the return postage costs at the latest within thirty (30) days following receipt of the product by the Operator.
ARTICLE 12 - GENERAL PROVISIONS
COMPLETENESS OF THE PARTIES' AGREEMENT
The present General Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more stipulations of these General Conditions are declared null and void in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope. Furthermore, the fact that one of the parties to these General Conditions does not take advantage of a breach by the other party of any of the provisions of these General Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.
CHANGES TO THE CONDITIONS
The Operator reserves the right to modify at any time and without prior notice the content of the Site or the services available on it, and/or to temporarily or permanently cease operating all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as the present General Conditions. The Customer is therefore required to refer to these General Conditions before any use of the Site.
The Customer acknowledges that the Operator cannot be held responsible in any way whatsoever to him or to any third party as a result of these modifications, suspensions or cessations.
The Operator advises the Client to save and/or print the present General Conditions for safe and durable storage, and thus to be able to invoke them at any time during the execution of the contract if necessary.
COMPLAINTS - MEDIATION
In the event of a dispute, the Client shall first contact the Company to try to find an amicable solution. In the event of difficulties in the application of this contract, the consumer Client also has the possibility, before any legal action is taken, of requesting recourse to a consumer mediator, who can be identified on the site https://www.economie.gouv.fr/mediation-conso.
The mediator will attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
In this context, any European consumer may also refer to the Online Dispute Resolution Platform (ODR) accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
It is recalled that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the appreciation of the courts, compliance with the provisions of this contract relating to guarantees assumes that the Customer honours his financial commitments to the seller.
These General Conditions are governed, interpreted and applied in accordance with United Kindgom law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Conditions.
By registering on the Site, the Customer confirms that he/she has read the General Conditions and accepts them, thereby becoming contractually bound by the terms of these General Conditions.
The General Conditions applicable to the Client are those available on the date of the order, a copy of which dated to that day can be given to the Client on request. It is therefore specified that any modification of the General Conditions which would be made by the Operator will not apply to any previous order, except with the express agreement of the Client at the origin of a given order.