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Terms of Sales

1 – PURPOSE AND SCOPE OF APPLICATION OF THESE GENERAL CONDITIONS OF SALE (CGV)

1.1 – Purpose of these General Terms and Conditions

As a preliminary point, terms beginning with a capital letter in the clauses hereinafter of this Article 1, which are not defined in this Article 1, are defined in Article 3 hereinafter.

These General Terms and Conditions of Sale (the “GTC”) aim to stipulate the terms, conditions, and modalities related to the sale and delivery of the Products sold by Audacifit (hereinafter referred to as the “Seller”), which are ordered by a buyer (hereinafter referred to as the “Client”) via the Internet Site.

These GTC also aim to stipulate the respective rights and obligations of Audacifit and the Client in the context of the sale of the Products via the Internet Site.

Audacifit and the Client are hereinafter collectively referred to as the “Parties” and individually as a “Party”.

1.2 – Scope of these GTC

These GTC apply to all sales of Products offered by Audacifit on the Internet Site. Thus, any Order for Products placed by the Client via the website is governed, without restriction or reservation, by these GTC.

Consequently, the act of the Client ordering a Product on the Internet Site constitutes full and unconditional acceptance of these GTC, which the Client expressly acknowledges having read prior to placing the Order (see Article 9.3 below).

Furthermore, these GTC are supplemented by the Legal Notices (Legal Notices (laboutiqueducoiffeur.com), which also include the General Terms of Use of the Internet Site, and by the Privacy Policy / Personal Data Protection (Protection of personal data (laboutiqueducoiffeur.com).

Orders governed by these GTC are exclusively those placed via the Internet Site (see definition in Article 3).

1.3 – Different Categories of Clients – Applicability of Certain Clauses

These GTC are applicable to any Client, whether they are a “Consumer,” “Non-Professional,” or “Professional,” these terms being understood in accordance with the definitions set out in the preliminary article of the Consumer Code (see definitions below).

However, certain clauses of these GTC are only applicable to the “Consumer” Client and/or the “Non-Professional” Client and/or the “Professional” Client. When this is the case, said clauses expressly mention it.

The category(ies) of Client not mentioned is/are therefore not concerned by said clause and cannot therefore rely on it against Audacifit. In the absence of clarification/mention, the clause applies to any Client, whether they are a “Consumer,” “Non-Professional,” or “Professional.”

“Consumer” means any natural person who acts for purposes which are outside their trade, business, craft or profession. In other words, a natural person placing an Order for Product(s) for their own needs or for gift purposes within a circle of family or friends, etc.

“Non-Professional” means any legal entity that does not act for professional purposes. In other words, a legal entity for which the purchase of the Products has no direct connection with its professional activity. This includes, for example, retirement homes, hospitals, public authorities.

“Professional” means any natural or legal person, public or private, who acts for purposes within the scope of their trade, business, craft or profession, including when they act on behalf of or for the account of another professional. This includes, notably, a sole trader, regardless of their status, or a company, purchasing Products to use them for their professional activity, specifically professionals in the field of hairdressing and/or aesthetics.

1.4 – Client’s Prior Declarations

The Client expressly declares and warrants:

that there are no restrictions on their capacity to contractually obligate themselves as a result of bankruptcy proceedings, judicial liquidation, or any other incapacity;

(when the Client is a “Consumer”) that they are of legal age and have, without restriction or reservation, the legal capacity to place an Order and enter into contractual commitments;

that the conclusion of the Contract does not violate any prior contractual commitments made to a third party.

2 – SELLER’S IDENTITY

“Audacifit” is the trade name, brand, and main trademark of the company selling the Products identified below.

Name: “HAPPY CURL”

Simplified joint stock company registered with the Trade and Companies Register of Nancy under number 343 738 266

Registered office address:

60, rue Salvador Allende

54510 Tomblaine (France)

Phone: 03 83 48 89 54

Email: serviceclient@laboutiqueducoiffeur.com

3 – DEFINITIONS

In addition to the terms defined in Articles 1 and 2 above, for the purpose of understanding, interpreting, and executing these GTC, the essential terms (non-exhaustive list), which begin with a capital letter in the clauses of these GTC, are defined as follows:

“Appendix(es)” means the appendix(es) to these GTC.

Appendix 1 contains the texts (legal and regulatory provisions) of the Consumer Code and the Civil Code whose reproduction is mandatory.

Appendix 2 contains the standard withdrawal form for “Consumer” Clients wishing to exercise their legal right of withdrawal (see Article 15 of these GTC).

“Client” means any natural or legal person, regardless of their legal status, private or public, placing an Order for Product(s) via the Internet Site.

“Order” means any order for Product(s) placed by the Client via the Internet Site.

“Contract” means the contract for the sale of Product(s) concluded by the Parties. The Contract consists of the Contractual Documents set out in Article 5 and is formed under the conditions set out in Article 9.3 below.

“Product Data Sheet” means, for each Product, the information displayed on the Internet Site, including in particular: a description/presentation of the Product, the statement of the elements and any accessories contained in the Product, the excluded elements, the essential technical characteristics, and the instructions for using said Product, which the Client may freely consult before placing their Order.

“Store” means any physical store/shop belonging to the HAPPY CURL company group and operating under the “Audacifit” brand.

“User Manual” means the paper and/or digital medium containing the instructions and guidelines related to the setup and use of the Product, including the maintenance instructions to be followed by users of said Product.

“Logistics Service Provider” means any third-party company acting on behalf of Audacifit/the Seller which is responsible for the logistics of the Order, transportation, and/or delivery of the Order to the Client according to the delivery terms agreed upon during the formation of the Contract (see Article 9.3). Logistics Service Providers include, notably: COLISSIMO, MONDIAL RELAY, CHRONOPOST.

“Products” means all products, materials, accessories, etc., offered for sale on the Internet Site.

“Customer Service” means the customer service of Audacifit/the Seller, the contact details of which are available via this link: Our customer service responds to you (laboutiqueducoiffeur.com) and are also indicated in Article 20.2 below.

“Internet Site” means the website through which the Seller offers Products for sale, whose address is: https://www.laboutiqueducoiffeur.com.

Depending on the context, the terms defined in this Article 3 may be written in the singular or plural in the clauses below. Furthermore, other terms and expressions are defined in the clauses below of these GTC. These other terms and expressions, which also begin with a capital letter, shall have the meaning attributed to them subsequently in the clauses below.

4 – PRECONTRACTUAL INFORMATION – PRODUCT CHARACTERISTICS

In accordance notably with Article L 111-1 of the Consumer Code, Audacifit provides Customers with useful information concerning the description and essential characteristics of the Products as well as their use, by all appropriate means and notably in the Product Data Sheets, which the Client may freely consult before placing their Order.

The photos of the Products sold on the Internet Site are provided for illustrative purposes only and are therefore not contractual. The content of the Internet Site is in French language only.

Audacifit advises the Client to carefully read the Product Data Sheet for each Product they intend to order.

In case of doubt and/or if they require advice and/or additional information, the Client is invited to contact Audacifit’s Customer Service by email or by phone (see the Seller’s contact details in Article 2) during the opening hours indicated in the section Our customer service responds to you (laboutiqueducoiffeur.com).

5 – COMPOSITION OF THE CONTRACT: CONTRACTUAL DOCUMENTS

The documents listed below are collectively referred to as the “Contractual Documents.” They are complementary and constitute the Contract concluded by the Parties and formed under the conditions set out in Article 9.3 below.

The Contractual Documents are:

the Order placed by the Client via the Internet Site;

AND

these General Terms and Conditions of Sale (GTC).

Any general terms and conditions of purchase of the Client are inapplicable to the sale of the Products and are, in any case, unenforceable against Audacifit.

6 – PRODUCT CATALOG AND DIFFERENTIATED PRICING CONDITIONS ACCORDING TO CLIENT CATEGORIES

Given the different categories of Clients who may place an Order on the Internet Site, the Product catalog accessible on the Internet Site for “Professional” Clients and “Non-Professional” Clients differs from the catalog dedicated to “Consumer” Clients, notably on the following elements:

the range of Products offered for sale;

the prices/selling prices of the Products;

the presentation of prices/selling prices of the Products: the prices in the catalog accessible to “Professional” Clients and “Non-Professional” Clients are indicated excluding taxes (HT). The prices in the catalog accessible to “Consumer” Clients are, however, indicated including all taxes (TTC).

the amount of the Order from which delivery costs are covered by Audacifit (free shipping threshold).

Furthermore, notwithstanding the above, Audacifit offers, under certain conditions, preferential rates and/or benefits to Clients who are employees or apprentices in the field of hairdressing or aesthetics, and to Clients who are students.

7 – AVAILABILITY OF PRODUCTS AND OFFERS

The products and promotional offers offered for sale by Audacifit on the Website are valid as long as they are advertised on the Website and within the limits of available stock.

Furthermore, Audacifit reserves the right to modify, at any time, the assortment/catalog of products offered for sale on its Website, provided that this does not impact the order(s) placed by the Client prior to said modification.

In the event of unavailability of all or part of the products after placing the order, the Client will be notified by email as soon as possible. In this case, the order will be either canceled entirely or partially.

In case of cancellation of the entire order: the Client will be notified by email, and the Client’s bank account will not be charged.

In case of cancellation of part of the order: the Client will be notified by email. The Client’s order will be partially validated only for the available products. Therefore, the Client’s bank account will only be debited for the amounts corresponding to the ordered products that are available. The Client will then be delivered the said available products.

In the event that the unavailability of all or part of the products from the order occurs after payment has been made by the Client, Audacifit will offer the Client a refund or a credit note, at the Client’s choice.

8 – SELLING PRICES OF PRODUCTS

The selling prices of the products displayed on the Website are indicated in euros. These are the prices applicable for distance sales.

The prices are those in effect at the time the order is placed by the Client.

Audacifit may modify the selling prices of the products at any time. However, price modifications will not apply to orders placed by the Client prior to said modification.

These selling prices do not include the shipping costs or delivery fees of the ordered products; these fees are usually (subject to the selected delivery method by the Client, see Article 11.2 and/or the amount of the order) invoiced to the Client in addition to the selling price.

These shipping and delivery fees are indicated to the Client before they validate their order to proceed with payment.

Furthermore, regarding the indication of VAT related to the selling price, it should be distinguished as follows:

for the part of the Website accessible to “Consumer” Clients, the selling prices are indicated in euros including all taxes (VAT); for the part of the Website accessible to “Professional” Clients and “Non-Professional” Clients, the selling prices are indicated in euros excluding taxes (VAT);

The products are sold by applying the value-added tax (VAT) in effect on the day of order validation/contract formation (see Article 9.3). Any change in the VAT rate will be automatically applied/repercuted on the selling price of the products.

9 – PLACING AN ORDER – ACCEPTANCE OF T&C AND CONTRACT FORMATION

9.1 – Placing an Order by a Client – the different steps

To place an order on the Website, the Client must follow all steps and perform the corresponding actions.

Firstly, the Client must select the product(s) they wish to order and add them to their cart.

The cart content is viewable and can be modified, if necessary, at any time.

If the Client has previously placed an order, they are prompted to log in by providing their email address and password to access their customer account and, if applicable, benefit from loyalty advantages.

When placing an order on the Website for the first time, the Client can create their customer account by entering the required personal information and data. This account will allow them to quickly identify themselves for future orders. If the Client does not wish to create an account, they can place their order as a “guest”.

The Client must then select the delivery method (see Article 11.3 below) they prefer, as well as the payment method (see Article 10.2 below) for their order.

Before validating the order and proceeding to payment, the Client has the opportunity to review the content and correct any errors or omissions.

9.2 – Specifics regarding account creation for “Professional” Clients and “Non-Professional” Clients

For “Professional” Clients and “Non-Professional” Clients, prior to placing any order on the Website, they must provide the required information to the Customer Service so that their customer account can be created by Audacifit.

To this end, the Client must follow the instructions provided by the Customer Service and, in particular, provide the documents and information listed below:

an extract from the company register (K-bis) dated less than three (3) months for companies or, for sole proprietorships, associations, or others, any recent official document containing, notably, the SIREN number; the intra-community VAT number.

This step of creating a customer account is mandatory to allow “Professional” and “Non-Professional” Clients to place an order. Otherwise, these Clients will not be able to place an order.

9.3 – Validation of the Order and acceptance of T&C – Contract Formation

To validate their order and proceed to payment, the Client is invited to review these T&C and is required, beforehand, to accept them by checking the box provided for this purpose.

Any order placed by a Client on the Website constitutes full and complete acceptance of these T&C, the General Terms of Use of the Website, and the Privacy Policy/Data Protection (Data Protection (laboutiqueducoiffeur.com)), without prejudice to any specific conditions that may be concluded between the Parties (for Clients who are not “Consumers”).

Furthermore, notwithstanding the above, the T&C and the aforementioned documents are accessible at any time on the Website in a dedicated section: https://www.laboutiqueducoiffeur.com/fr-fr/conditions-generales-de-vente.html.

The Contract (distance selling contract) is formed from the moment the Client confirms their order by clicking on the “Validate” button and proceeds to payment. By clicking on the aforementioned button, the Client is considered to have unreservedly accepted the content of their order and is obliged to pay its price.

As of the validation of the previous step, the sale will be final and definitive. The Client will not be able to modify or cancel said order, subject to the possible exercise of the legal right of withdrawal (see Article 15 below), which only “Consumer” Clients benefit from.

If the Client wishes to modify the content of their order, they must contact Customer Service as soon as possible and in any case before the shipment of said order. Customer Service will assess the feasibility of the desired modification and will be the sole decision-maker.

9.4 – Order Confirmation by Audacifit

From the formation of the Contract under the conditions set out in Article 9.3 above, Audacifit will confirm the order to the Client (the “Order Confirmation”) by any appropriate means, generally by sending an email to the address provided by the Client when placing said order.

Unless otherwise expressly agreed in writing by Audacifit, the Order Confirmation can only be issued upon receipt of the effective payment of said order made by the Client.

The Client will receive an email upon the shipment of their order or its availability in the Store indicated in the Order Confirmation, which will be sent to them by Audacifit and/or by the Logistics Provider (see definition in Article 3) responsible for delivery.

9.5 – Client Consent via digital means

The Client acknowledges and accepts that their consent to validate their order and accept these T&C is validly given via digital means, notably by checking boxes or clicking on validation “clicks”. This acceptance will be deemed to have the same value as a handwritten signature from the Client, who expressly acknowledges its validity as evidence of their contractual commitment within the meaning of Article 1103 of the Civil Code.

9.6 – Right to suspend or cancel the Order by Audacifit

Audacifit reserves the right to suspend the execution of an order or to cancel it in case of non-payment (total or partial) of any amount due by the Client, in case of payment incident, in case of suspicious order, or of fraud or attempted fraud related to the use of the Website, including for previous orders,

This right to suspend the execution of the order and/or cancel the order is without prejudice to any other action that Audacifit may be entitled to take against the Client and any potential accomplices.

10 – PAYMENT OF THE ORDER

10.1 – General Information – Obligation to pay for the Order

Every order implies the obligation for the Client to pay its price.

The Client pays the price of their order on the Website or, if necessary (in case the Client encounters difficulty paying via the Website’s payment interface), by phone with the Customer Service.

To proceed with the payment, the Client uses one of the payment methods mentioned below. Payment for orders is made only in euros (€).

Any bank charges related to the payment of the order are the sole responsibility of the Client, including in the event of a refund.

10.2 – Payment Methods

Credit/Debit Cards

If the Client wishes to pay for their order by credit/debit card, they must use one of the following cards:

  • Visa
  • Mastercard
  • Carte Bleue

In case the Client encounters difficulty paying for their order using the Website’s credit/debit card payment interface, the Customer Service of Audacifit can proceed with the payment by credit/debit card over the phone using the same interface as the Website. Following this operation, no information/data regarding the Client’s credit/debit card will be retained by Audacifit.

PayPal

The Client can also pay for their order via their PayPal account.

The Client can pay for their order in one installment or in installments according to the terms offered by PayPal.

In any case, the various payment options and terms and conditions are determined solely by PayPal. In other words, the options, terms, and conditions are subject to change at any time by PayPal.

Payment in three (3) installments at no additional cost with ALMA

ALMA is a third-party company offering a payment solution in installments.

For orders with a total amount between one hundred fifty (150) euros and up to a total of two thousand (2,000) euros, the Client can select payment in three (3) installments at no additional cost with ALMA.

Payment for the order using the three (3) installments payment service is subject to ALMA’s approval.

The terms and conditions for eligibility for this three (3) installments payment service are subject to change at any time by ALMA.

Payments are automated and managed directly by ALMA. After placing the order, the Client will receive an email directly from ALMA containing the summary, including the payment schedule.

Promotional Code

Only promotional codes created by Audacifit are accepted.

When the Client has a promotional code and wishes to use it, they must add it at the summary stage of their order/cart. Only one promotional code can be used per order.

The promotional code must be used before payment for the order. No subsequent use will be accepted.

If the promotional code was created for a specifically identified beneficiary, said code cannot be used for the benefit of another person.

10.3 – Payment Operations Security

To ensure the security of the payment for the order by credit/debit card, the Client must provide Audacifit with the card’s visual cryptogram (CVV) used to pay for the order.

Furthermore, as part of the fight against internet fraud, information related to the order may be transmitted to any third party authorized by law or designated by Audacifit solely for the purposes of verifying the Client’s identity, the validity of the order, and/or the payment method used.

Following this verification, Audacifit reserves the right to request a copy of the Client’s identity document and/or any information relating to the Client’s identity.

Additionally, to enhance the security of credit/debit card payments on the Website, Audacifit uses the 3D Secure system, which authenticates the cardholder with their bank, aiming to reduce the risk of fraud.

3D Secure is a system developed by Visa and MasterCard to authenticate cardholders.

To validate their payment on the Website, the cardholder must authenticate themselves with their bank by providing a code or personal information. To proceed with the payment, the Client must enter the 3D Secure code.

The 3D Secure code is a code assigned directly by the bank to the cardholder or, as the case may be, which will be generated after the request/registration made by the cardholder with the 3D Secure service.

In the case of payment for the order made by phone (see Article 10.2), this code may be requested from the Client by Audacifit’s Customer Service to ensure optimal banking security.

The terms of use of the 3D Secure system are subject to change at any time.

10.4 – Delay or Default in Payment

In case of delay or default in payment (total or partial of the order), including following a bank payment rejection, Audacifit reserves the right to suspend the execution/delivery of an order or to cancel/terminate it. If the products have already been delivered, Audacifit may also take any action to reclaim the products (see Article 14.2).

For “Professional” Clients only: furthermore and notwithstanding the above, in case of non-payment of the invoice by the due date, the amounts due by the Client will automatically and without formal notice, be increased by a penalty equal to three (3) times the legal interest rate and by a flat-rate recovery fee of €40 in accordance with articles L 441-10 and D 441-5 of the Commercial Code.

In case of persistent late payment, Audacifit will also have the option to recover, through legal action, the amounts due by the Client. All costs incurred for this purpose (bailiff’s fees, expertise, lawyer’s fees, etc.) will be reimbursed by the latter to Audacifit, upon presentation of supporting documents.

10.5 – Absence of Compensation

Unless expressly agreed upon in advance and in writing by Audacifit, no compensation can be made by the Client between the amounts owed to Audacifit for an Order and any amounts Audacifit may owe to the Client.

10.6 – Possible Error in Sales Price and/or Discount

Despite the regular verifications conducted on the Website and the care taken in these verifications, it is possible that a Product listed on the Website may contain an error in price or discount.

Audacifit verifies the price and/or discount after receiving the Order placed by the Client, specifically before the Order Confirmation (see article 9.4).

In case of an error noticed by Audacifit, if the corrected price (the “correct” price) is lower than the price displayed on the Website at the time of placing the Order, the Order will be fulfilled at the lower price.

Conversely, if the corrected price (the “correct” price) is higher than the one offered on the Website, the Client will be promptly informed. In this case, Audacifit will proceed with the cancellation of the Order and refund the Client the amount paid, unless the Client has indicated acceptance of the Order at the corrected price.

11 – DELIVERY OF THE ORDER – DELIVERY METHODS – CONDITIONS FOR RECEIVING THE ORDER AND RELATED CONSEQUENCES

11.1 – General Information – Countries / territories for Product delivery

As a preliminary note, it is specified that the recipient (the “Recipient”) of the Order is the person expressly mentioned by the Client when placing the Order on the Website. Thus, the Recipient and the Client may or may not be the same person.

The Products ordered by the Client will be delivered to the delivery address indicated by the Client during the Order and which is mentioned in the Order Confirmation.

Delivery of the Order placed on the Website is possible only for the countries and territories listed below:

  • Metropolitan France (including Corsica), Monaco, Andorra
  • Guadeloupe, Martinique, and Reunion
  • Belgium
  • Germany

The delivery of the Order will take place after the payment of the Order amount has been validated and actually received by Audacifit, unless expressly waived, in advance and in writing, by the latter (for “Professional” Clients and “Non-Professional” Clients).

11.2 – Possible Delivery Methods

When placing the Order (before proceeding to payment), the Client must select one of the following delivery methods:

  • Delivery or pickup (“Click and Collect”) at a Store located in Metropolitan France
  • Home delivery (at the address indicated by the Client during the validation of the Order) carried out by Logistics Service Providers: delivery by CHRONOPOST or delivery by COLISSIMO.
  • Delivery to a pickup point (at the pickup point selected by the Client before validating the Order) carried out by Logistics Service Providers: COLISSIMO (pickup points and Pickup), MONDIAL RELAY, or CHRONOPOST.

In certain cases, especially for bulky Orders (particularly when the parcel exceeds 20kg), delivery can be made to the home by a dedicated carrier.

When the Client selects delivery to a pickup point, they choose the pickup point where the Client or the Recipient will go to collect their Order.

It is also specified that the delivery methods listed above may not be offered for all Products and/or depending on the country of delivery of the Order. It is therefore possible that certain delivery methods may not be offered to the Client when placing their Order.

11.3 – Brief Description of the Different Delivery Methods

The possible delivery methods include:

Delivery to a Audacifit Store

  • In-Store Delivery
  • In-Store Pickup (click and collect)

Home Delivery

  • COLISSIMO
  • CHRONOPOST

Delivery to a Pickup Point

  • COLISSIMO
  • MONDIAL RELAY

The list and operating procedures of the delivery methods, as well as the different Logistics Providers, are subject to change at any time.

11.4 – Delivery Times – Delay in Delivery

For “Consumer” Clients:

Delivery Times

The delivery time is expressly mentioned on the Order validation page when the Client selects the delivery method for their Order.

This delivery time or estimated delivery date will then be mentioned in the Order Confirmation sent by Audacifit.

Delivery times are indicated in working days, i.e., excluding weekends and legal holidays in France.

They start from the day the Order Confirmation is sent to the Client.

Delivery times vary depending on the delivery method selected by the Client.

Delay in Delivery

Audacifit makes its best efforts to deliver the Order within the delivery time indicated during the formation of the Contract (cf. article 9.3).

In case of delay, Audacifit will inform the Client as soon as possible.

In the event of exceeding the delivery time, except in cases of Force Majeure (cf. article 19) and except where such delay is attributable to the Client, the Client may, in accordance with the procedure provided for in article L 216-6 of the Consumer Code:

  • Terminate the Contract if, after giving Audacifit (the Customer Service) notice to deliver within a reasonable additional period, Audacifit has not performed within this period. The Contract is considered terminated upon receipt by Audacifit of the letter or email informing it of this resolution, unless Audacifit has performed in the meantime;
  • The Client may immediately terminate the sales contract when (i) Audacifit refuses to deliver the Order or when it is evident that it will not deliver the Order; (ii) when Audacifit does not fulfill its obligation to deliver the Order on the date or upon expiration of the delivery time indicated to the Client, and that time constitutes an essential condition for the sales contract for the Client (this essential condition results from the circumstances surrounding the conclusion of the Contract or an express request from the Client before the conclusion of the Contract).

In the event of Contract termination in the aforementioned cases, the concerned Order will be fully refunded to the Client within a maximum period of fourteen (14) days following the date on which the Contract was terminated.

For “Non-Professional” and “Professional” Clients:

The delivery time mentioned during Order validation or subsequently in the Order Confirmation is provided for indicative purposes.

The Seller undertakes to use its best efforts to ensure that the Products are delivered in accordance with the delivery time mentioned in the Order or indicated during the formation of the Contract.

In case of delivery delay exceeding sixty (60) days (counting from the expiration of the indicative deadline mentioned in the Order or communicated to the Client during the formation of the Contract), the Client shall have the right to cancel their Order. In such a scenario, the Seller shall refund to the Client any sums that may have been paid by the latter. However, this right of cancellation by the Client shall not apply if the delivery delay results from a Force Majeure event (cf. article 19) or from a breach attributable to the Client, notably in case of late payment for the Order.

11.5 – Delivery by Logistics Provider: Delivery Tracking, Conditions, and Retrieval Deadlines for the Order – Consequences thereof

Home delivery or delivery to a pickup point is carried out by a Logistics Provider (COLISSIMO, MONDIAL RELAY, or CHRONOPOST, etc.).

When the Client has selected home delivery or delivery to a pickup point, the Client or, as applicable, the Recipient, will receive information from the Logistics Provider(s) regarding the shipment of their Order and the tracking of its delivery.

The Client will notably receive by email and/or phone the information concerning the delivery of their Order (of their parcel), including the scheduled delivery date as well as the required procedures for the Client/the Recipient to take possession of their parcel (for example: handover against the signature of the Client or the Recipient and presentation of their identification document and/or code to be communicated to the Logistics Provider, etc.). Such procedures will be communicated to the Client by the Logistics Provider.

The Client expressly acknowledges and accepts these procedures required by the Logistics Provider to take possession of the Order. Failure to comply will result in the Order not being retrieved, and no valid claim can be made.

The Client is thus invited to regularly check their email to become aware of the aforementioned procedures and to track the delivery of their Order/parcel until delivery.

11.6 – Order Retrieval Deadline – Expiry of the Deadline and Consequences thereof

Order Retrieval Deadline

For each delivery method, the Client has a limited period (usually seven (7) days in the case of delivery by a Logistics Provider) to take possession/retrieve their Order (the parcel).

Thus, following the Order Confirmation, the Client will receive, notably by email, the maximum period (number of days) they have to retrieve their Order from the Logistics Provider or, as applicable, from the Store mentioned in the Order Confirmation.

The Client is therefore advised to regularly check their email to become aware of this deadline.

In the case of delivery or pickup (click and collect) of the Order at the Store, the maximum deadline for the Client/the Recipient to retrieve their Order is determined by Audacifit. This deadline is 7 days.

In all other cases, it is solely the Logistics Providers who determine the maximum deadline (number of days) for the Client/the Recipient to retrieve their Order. The deadline varies depending on the delivery method and the Logistics Provider responsible for delivering the Order.

It is specified that this maximum deadline is subject to change and may be modified at any time for subsequent Orders.

It is the responsibility of the Client or, as applicable, the Recipient, to take the necessary steps to retrieve their Order within the specified deadline in accordance with the indications and procedures communicated by the Logistics Provider or, as applicable, by Audacifit.

Expiration of the Deadline and Related Consequences

If the Client fails to retrieve their Order/parcel within the specified deadline, their parcel will be returned to Audacifit’s warehouses, thereby incurring return fees charged by the Logistics Provider to Audacifit.

In this case, the return fees for the said Order paid by Audacifit to the Logistics Provider will be borne by the Client. These aforementioned return fees will then be deducted from the amount of the Order paid by the Client, and the Client will be refunded within a maximum period of thirty (30) days using the same payment method unless expressly agreed by the Client for another refund method (such as store credit, for example).

12 – PROOF OF DELIVERY

The proof of delivery of the Order differs notably depending on the delivery method of the Order and may be collected, as applicable, by Audacifit (in the case of delivery or pickup in-store) or by a Logistics Provider in other cases.

In the case of delivery or pickup (click and collect) in-store, the Order (the parcel) is handed over to the Client/the Recipient or the person designated by the Client or by the Recipient, upon presentation of the retrieval code or the identification document of said person and signing of a delivery receipt. This signature thus constitutes proof of delivery of the Order.

In the case of home delivery, as applicable, the Order (the parcel) is delivered to the Client’s/the Recipient’s mailbox (COLISSIMO delivery) or against the digital signature of the Client/the Recipient or the person designated by the Client or by the Recipient, on the delivery person’s terminal of the Logistics Provider (especially CHRONOPOST). The information entered by the Logistics Provider into their computer system (scanning) and, when the parcel is delivered against signature, the electronically signed acknowledgment of receipt upon parcel receipt, constitute proof of delivery.

In the case of delivery to a pickup point, the Order (the parcel) is handed over to the Client/the Recipient or the person designated by the Client or by the Recipient, upon presentation of the identification document of said person and their signature or delivery of a confidential code sent to them by email and/or SMS by the Logistics Provider. The information entered by the Logistics Provider into their computer system (scanning) and, where applicable, the signature, constitute proof of delivery.

The Client accepts the validity, as proof, of digital signature systems as well as the validity of the computer system (especially scanning) of the Logistics Provider, or, as applicable, Audacifit. The information entered into their information system shall prevail.

13 – DELIVERY OF THE ORDER: RECEIPT OF THE ORDER, NOTIFICATION OF ANY RESERVATIONS, DEADLINES, AND PROCEDURES TO BE FOLLOWED

13.1 – Anomaly, Damage, Damaged Parcel – Deadline and Notification Procedure

Upon delivery/receipt of their Order, the Client, or the Recipient of the Order, or the person designated by the Client or the Recipient to receive or collect the Order, is first required to check the apparent condition of the parcel.

In the event of an anomaly concerning the parcel (damaged parcel, opened parcel, traces of liquid or other, etc.) delivered/handed over to them by or in the presence of the personnel of the Logistics Provider (delivery person or personnel of the pickup point), the Client/the Recipient or the person designated by either of them is required to refuse the parcel so that it can be subject to expertise.

When the parcel is not damaged and has no apparent anomaly, the aforementioned person must imperatively check the contents of the parcel and thus the condition of the Products and the conformity of the contents of the parcel with the Order. When the parcel is delivered/handed over to them in the presence of the personnel of the Logistics Provider (delivery person or personnel of the pickup point), they must expressly mention any reservation on the delivery slip/handover slip that the Client/the Recipient or the designated person must sign.

Furthermore, notwithstanding the above, the Client is required to notify the Customer Service within a maximum period of forty-eight (48) hours from the delivery of the Order, of any anomaly, damage, damaged parcel, damaged Product(s), etc.

This notification must be made in writing by mail or email (see addresses indicated in Article 20.2 below). The Client must notably accompany their notification with photographs of adequate quality to allow Audacifit to verify the said reservations, damages, and/or any other anomalies invoked by the Client.

In the event of a claim regarding a missing or damaged Product, the Customer Service may request any information concerning the identity of the Client or the recipient of the Order and proceed with any necessary verification, without prejudice to any action aimed in particular at ensuring the legality and effectiveness of the said claim.

Failure to notify the Customer Service of Audacifit of any reservation, any anomaly, or any apparent defect, within the aforementioned 48-hour period and in accordance with the aforementioned procedures, will result in the exclusion of any recourse by the Client, both against the Logistics Provider and the Seller, and will therefore be inadmissible. The Client cannot validly claim any refund or exchange of the Products.

13.2 – Possible Return of Product(s) – Procedure to Follow

Furthermore, notwithstanding what is stipulated in Article 13.1, the Client is required to contact the Customer Service to learn about the return procedures for the damaged Product(s) or those presenting an anomaly.

No return of a Product is possible without prior validation by the Customer Service under the conditions specified in Article 13.1.

The procedure for the return of damaged Products or those presenting an anomaly will be indicated by the Customer Service, and the Client must adhere to said procedure. Failure to do so will result in the Client being unable to claim any refund or exchange of the said Products.

14 – TRANSFER OF RISKS – RETENTION OF TITLE

14.1 – Transfer of Risks

For “Consumer” Clients and “Non-Professional” Clients:

In accordance with Article L 216-2 of the Consumer Code, the risks, particularly of loss or damage related to the Products, will be transferred to the Client as soon as the latter, or a third party designated by them, physically takes possession of the said Products in accordance with the delivery terms mentioned in the Order validated under the conditions stipulated in Article 9.2.

For “Professional” Clients:

The transfer to the Client of the risks of any loss and damage related to the Products sold occurs on the date of formation of the Contract (see Article 9.3), regardless of the transfer of ownership (see Article 10.1), regardless of the date of payment and delivery of the said Products.

14.2 – Retention of Title Clause

By way of derogation from the provisions of Article 1583 of the Civil Code, the transfer to the Client of the ownership of the Products is subject to the full payment by the latter of the price of the Order relating thereto, notwithstanding the date of transfer of risks (see Article 14.1) and delivery of the Products.

Audacifit thus expressly reserves ownership of the Product(s) sold until full payment by the Client of the price of the Order relating thereto, it being specified that only the actual receipt of the price by the Seller, as well as its collection, will constitute payment.

15 – LEGAL RIGHT OF WITHDRAWAL (only for “Consumer” Clients)

15.1 – Right exclusively for “Consumer” Clients

The legal right of withdrawal is provided for by Articles L 221-18 and following of the Consumer Code. It is only applicable to “Consumer” Clients. “Non-Professional” Clients and “Professional” Clients do not benefit from a right of withdrawal.

15.2 – Scope of this legal right and conditions

In accordance with Article L. 221-18 of the Consumer Code, the Client has a maximum period of fourteen (14) days from the delivery/receipt of the package containing the ordered Product(s) to exercise their legal right of withdrawal, and this, without having to justify their decision.

These provisions concerning the legal right of withdrawal apply without prejudice to the guarantees provided for in Article 16 of these GTC, which remain fully applicable.

The fourteen (14) day period begins to run from the day after delivery/receipt of the package. If this fourteen (14) day period expires on a Saturday, Sunday, or a public holiday, it is extended until the first following working day (which corresponds to all days of the week except Sunday and public holidays usually not worked).

In accordance with Article L.221-28 of the Consumer Code, it is specified that the right of withdrawal cannot be exercised in either of the following cases:

  • Order concerning one or more Product(s) which have been unsealed and/or used after delivery and which cannot be returned for reasons of hygiene or health protection;
  • Order concerning one or more Product(s) made according to the specifications of the Consumer or clearly personalized.

15.3 – Effects of withdrawal

The Client exercising their right of withdrawal in accordance with the provisions set out in Articles 15.1 and 15.2 above, will obtain a refund of the Product(s) for which they have exercised their right of withdrawal as well as the delivery costs of said Product(s) at the standard rate (see following sentence) in accordance with Article L 221-24 of the Consumer Code. Costs related to a delivery other than the standard delivery offered by Audacifit on the Website will not be reimbursed.

The refund will be made to the payment method used to pay for the Order, unless expressly agreed by the Client for a refund in another form (such as credit) or via another payment method.

The return/reshipping costs of the Product(s) for which the Client has withdrawn are solely the responsibility of the Client.

Furthermore, when the withdrawal concerns one or more Product(s) that allowed the Client to benefit from a discount on the price of the Order, Audacifit will be entitled to deduct from the amount to be refunded (or credited) the amount of said discount.

15.4 – Procedure for Exercising the Right of Withdrawal

The Client or, if applicable, the recipient of the Order, must inform Audacifit of their intention to withdraw under the conditions set out below, it being specified that withdrawal can only be implemented from the moment the Client has been delivered the Order.

To this end, the Client must, within a maximum period of fourteen (14) days following the delivery of the Order (cf. Article 15.2), expressly and unambiguously notify the Customer Service, in writing (by post or email to the address mentioned in Article 20.2), of their intention to exercise their right of withdrawal.

For this purpose, the Client may use the withdrawal form template provided in Annex 2 of these GTC and send it by email or postal mail (see addresses in Article 20.2).

15.5 – Procedures and Conditions for the Return of Products Following Withdrawal – Return Costs and Risks

After having notified their withdrawal in writing in accordance with the procedures set out in Article 15.4, the Client may return the Product(s) according to the instructions provided by Customer Service.

Furthermore, the Products must be returned only to Audacifit (no returns to a collection point or other) in a condition suitable for resale (namely: Products in perfect condition accompanied by their original packaging, accessories, instructions, etc.) within fourteen (14) days from the date on which the Client notified Customer Service of Audacifit of the exercise of their legal right of withdrawal in accordance with the procedures set out in Article 15.4.

Returns of Products sent beyond the aforementioned fourteen (14) day period will not be accepted and will therefore not be refunded. The Products must also be accompanied by the Order number, either on the return slip, if provided with the delivered Products signed by the Client or the recipient of the Order, or on any other document.

The Client may be liable for any depreciation of the Product(s) resulting from handling other than that necessary to establish the nature, characteristics, and, where applicable, the proper functioning of the Products.

Furthermore, notwithstanding the foregoing, if the Client or the recipient of the Order fails to demonstrate that they have indeed deposited the Product with a carrier or with the Seller at the latter’s premises, any risk associated with the return of a Product is borne by the Client or the recipient of the Order.

As a reminder (see Article 15.3 above), return/reshipping costs of the Product(s) are solely the responsibility of the Client.

16 – LEGAL WARRANTIES

16.1 – Common Law Legal Warranties

The Products sold benefit from common law legal warranties, including notably the warranty against hidden defects provided for in Articles 1641 and following of the Civil Code.

16.2 – Legal Warranty of Conformity

The legal warranty of conformity provided for in Articles L 217-3 and following of the Consumer Code is exclusively available to “Consumer” Clients and “Non-Professional” Clients. “Professional” Clients cannot invoke it.

The provisions of the Consumer Code relating to the warranty of conformity are reproduced in Annex 1.

In addition to the warranty against hidden defects (cf. Article 16.1 above), the Client, whether a “Consumer” or “Non-Professional,” benefits from the legal warranty of conformity provided for in the Consumer Code, the legal framework of which is set out in the box below (in Article 16.3) and in Annex 1, in accordance with current legal and regulatory provisions.

16.3 – Procedures for Implementing the Legal Warranty of Conformity (only for “Consumer” or “Non-Professional” Clients)

When invoking the legal warranty of conformity, the Client:

  • has a period of two years from the delivery of the goods to take action;
  • may choose between repairing or replacing the goods, subject to cost conditions provided for in Article L217-9 of the Consumer Code;
  • is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four (24) months from March 18, 2016, except for second-hand goods.

The legal warranty of conformity applies independently of any commercial warranty that may be granted.

The Client may decide to invoke the warranty against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code. In this case, the Client may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.

For any inquiries regarding legal warranties, the Client must contact Customer Service, the contact details of which are provided in Article 20.2.

These provisions regarding legal warranties are not exclusive of the right of withdrawal enjoyed by the “Consumer” Client (cf. Article 15).

The legal texts relating to the aforementioned legal warranties are reproduced in Annex 1.

16.4 – Warranty Exclusion Cases

Subject to any contrary mandatory legal or regulatory provisions, any warranty is excluded for visible defects and for Products damaged during transportation.

Furthermore, subject to any contrary mandatory legal or regulatory provisions, warranty coverage is excluded for Products modified, repaired, integrated, and/or added by the Client and/or any third party. Additionally, warranty coverage is excluded for Products that have been misused, including use not in accordance with the instructions and recommendations stated in the User Manual and/or the Product Sheet.

17 – PRODUCT USE AND MAINTENANCE CONDITIONS

The Client / user of the ordered Product(s) is required to:

  • carefully read, before any use, the Product Sheet and the User Manual of the Product(s);
  • use the Product(s) in accordance with the recommendations and instructions stated in the Product Sheet and the User Manual;
  • maintain the Products in accordance with the indications stated in the Product Sheet and the User Manual;
  • ensure, before any use, that the Product does not present any danger/risk for the user or any person likely to come into contact with said Product, particularly concerning children and, more generally, any person requiring supervision.

18 – LIABILITY OF Audacifit (THE SELLER)

Subject to any contrary mandatory legal or regulatory provisions, the liability of Audacifit is expressly limited to the direct damages suffered by the Client. Furthermore, subject to any contrary mandatory legal or regulatory provisions, the opinions and advice provided to the Client are communicated on a professional and good-faith basis, but without any guarantee of results or performance whatsoever.

If the liability of Audacifit were to be engaged with respect to the Client, the damages awarded to the Client would be expressly limited to the price of the Order from which the liability of the Seller arises, subject however to any contrary mandatory provisions of applicable law.

In any case, subject to any contrary mandatory legal provisions, the liability of Audacifit will be partially or fully exempted if the Client (or any third party) fails to comply with the conditions of use of the Product(s), particularly concerning the User Manual and/or the Product Sheet, and/or in any of the warranty exclusion cases stated in Article 16.4.

Furthermore, Audacifit is not obligated to verify the capacity of visitors and Clients on its Website. In the event that a Client without legal capacity places an order for one or more Product(s) on the Website, their legal representatives will bear full responsibility for the Order and will be required to pay the price of said Order.

19 – FORCE MAJEURE

For the purposes of these GTC, “Force Majeure” means: any event of force majeure within the meaning of Article 1218 of the Civil Code and the related case law, but also any irresistible event external to the Seller but not foreseeable at the time of the formation of the Contract.

The liability of Audacifit shall be exempted in the event of Force Majeure. The burden of proving Force Majeure lies with Audacifit.

20 – EVIDENCE AGREEMENT

Electronic documents exchanged electronically between Audacifit and the Client (documents, notifications, emails, invoices, copies of the GTC, etc.) are considered as writings having the same value as an original within the meaning of Article 1366 of the Civil Code, subject to compliance with the conditions required by this article, particularly in terms of identification and integrity. The Client is therefore invited to keep them.

Unless proven otherwise, the data recorded (including identification elements and login data) in the context of these GTC, especially in the context of placing an Order, may be admissible before the courts and constitute evidence.

It is understood that the clauses above in this Article 20 neither aim nor have the effect of limiting the Client’s ability to provide contrary evidence or any other means of evidence at their disposal.

21 – APPLICABLE LAW – DISPUTE RESOLUTION: CUSTOMER SERVICE, MEDIATION, JURISDICTION CLAUSE

21.1 – Applicable Law

The Contract formed in accordance with the provisions of Article 9.3 of these GTC is governed and subject exclusively to French law, regardless of the nationality of the Client or the place of delivery of the Order, subject to any mandatory provisions of private international law applicable to Consumers.

21.2 – Prior Complaint to Customer Service

In the event of any complaint from the Client, the latter is required, before resorting to a mediator, a court, or any third party, to contact Audacifit’s Customer Service, by phone or email (see below) or, if necessary, by postal mail sent to the headquarters of Audacifit.

The contact details of the Customer Service are as follows:

Phone: +33 3 83 48 89 54 (Customer Service is available by phone from Monday to Friday from 9am to 5:30pm).

Email: serviceclient@laboutiqueducoiffeur.com

Postal address:

Audacifit

Customer Service

60 rue Salvador Allende

54510 TOMBLAINE

21.3 – Mediation for Consumers

After submitting a written complaint to Customer Service by email or postal mail, if the Client “Consumer” is not satisfied with the response provided or in the absence of a response, they may, in accordance with Articles L 612-1 and following, L 616-1 and R 616-1 of the Consumer Code, contact the consumer mediator to which Audacifit belongs, namely: The Association of European Mediators (AME CONSO).

The above-mentioned mediator can be contacted:

by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com; or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain – 75007 PARIS.

The solution proposed by the mediator is not binding on the Parties, who remain free to withdraw from the mediation process at any time.

The Client may also submit the dispute to the Online Dispute Resolution platform accessible at this address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Any dispute that is not settled amicably will be brought before the competent French court in accordance with common law.

21.4 – Jurisdiction Clause (only for “Professional” Clients and “Non-Professional” Clients)

In the event of a dispute, the Parties will, as far as possible, seek an amicable settlement.

In the absence of an amicable settlement within a period of one (1) month, the materially competent court of Nancy (France) shall have exclusive jurisdiction to settle any dispute relating to the validity, interpretation, execution, and/or termination of the Contract, including to rule in summary or conservatory proceedings, notwithstanding any request or third-party appeal, or in the event of multiple defendants.

22 – INTELLECTUAL PROPERTY RIGHTS

The placing of Order(s) on the Website and, more generally, the conclusion of the Contract under the conditions set out in Article 9.3, does not entail any transfer or assignment of any intellectual property rights pertaining to Audacifit, the Website, or the Products.

Audacifit (the Seller) is and shall remain the exclusive holder of the intellectual property rights pertaining to the Website and its content. Furthermore, the Seller is the owner of the verbal trademarks “Audacifit”, “Kérasoin”, “Trendy Barber”, “Soteix”, as well as the associated logos and other related distinctive signs.

The Client expressly undertakes not to infringe, in any way whatsoever, the Seller’s intellectual and industrial property rights.

23 – MODIFICATIONS OF THE GTC

Audacifit may modify the content of these GTC at any time. However, the GTC applicable to the Order are those in effect on the date the Client validates their Order via the Website by proceeding to payment.

The Client is therefore invited to regularly consult and review the GTC.

24 – CUSTOMER REVIEWS

The Website offers Clients the opportunity to leave a review of their purchasing experience and, once the Order is delivered, of the Products, via Avis Vérifiés (Verified Reviews).

The management of customer reviews by Avis Vérifiés of Laboutiqueducoiffeur.com is certified in accordance with the NFZ74-501 “online reviews” standard and the NF522 certification standard by the NF Service organization since March 28, 2014. Audacifit reserves the right, through Avis Vérifiés, to request the removal of any review containing comments or content that it deems inappropriate.

25 – FINAL PROVISIONS

25.1 – Severability

If any provision/clause of these General Terms and Conditions is deemed unwritten, null, illegal, or unenforceable by a court, the validity of the remaining provisions will not be affected, and they will remain in full force. In such a situation, subject to any applicable legal or public order provisions, the said provision/clause must be replaced by another provision/clause that comes as close as possible to the original intention of the Parties expressed in these General Terms and Conditions.

25.2 – Interpretation

The use of the term “including” means that the enumeration following it is not exhaustive and therefore not limiting.

25.3 – Survival of Certain Clauses

It is expressly understood between the Parties that the termination of the Contract, for any reason whatsoever (including in case of resolution or termination), shall not affect the clauses of Articles 12, 14, 16, 18, 19, 20, 21, 22, 25 of these General Terms and Conditions (GTC). Said clauses shall remain fully in force.

25.4 – Prohibited Reproduction of these GTC

These GTC have been custom drafted for the Seller (the company HAPPY CURL) to contractually govern the sale of Products to Clients via the Website. Any reproduction and/or use by a third party, including partially and/or by way of modification and/or adaptation, is prohibited.

Annex 1: Articles of the Consumer Code (relating to the legal guarantee of conformity and hidden defects warranty)

[Text of the Articles L. 217-3 and L. 217-4 of the Consumer Code, which concern the legal guarantee of conformity, have been provided in French.]

Article L. 217-5 of the Consumer Code outlines the criteria for determining whether a product conforms to the contract. These criteria include:

  1. Correspondence to Description, Type, Quantity, and Quality: The product must match the description provided, including its type, quantity, quality, functionality, compatibility, interoperability, or any other characteristics specified in the contract.
  2. Suitability for Special Use: If the consumer has informed the seller of any special use requirements, the product must be suitable for that purpose and accepted by the seller at the time of contract conclusion.
  3. Delivery with Accessories and Installation Instructions: The product must be delivered with all accessories and installation instructions as specified in the contract.
  4. Updates According to Contract: The product must be updated in accordance with the contract terms.

Article L. 217-5 also includes additional criteria for product conformity:

  1. Usual Use: The product should be suitable for its usual purpose, considering any relevant EU or national laws, technical standards, or sector-specific codes of conduct.
  2. Advertised Qualities: The product should possess any qualities advertised by the seller before contract conclusion.
  3. Digital Elements: Digital elements of the product should be provided in the latest version available at the time of contract conclusion, unless otherwise agreed upon.
  4. Expected Accessories and Installation Instructions: The product should be delivered with all expected accessories, packaging, and installation instructions.
  5. Expected Updates: The product should be provided with updates that consumers can reasonably expect.
  6. Correspondence to Public Declarations: The product should match the quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, that consumers can reasonably expect based on public statements made by the seller or others involved in the transaction chain.

However, the seller is not bound by public statements if they can demonstrate that they were unaware of them, if the statements were corrected before the contract was concluded, or if they could not have influenced the consumer’s decision to purchase.

Additionally, consumers cannot contest conformity based on specific characteristics that were explicitly communicated to them and to which they expressly consented at the time of contract conclusion.

Article L. 217-7 states that any lack of conformity that appears within twenty-four months of delivery is presumed to have existed at the time of delivery, unless proven otherwise.

Article L 217-8 du Code de la consommation outlines the consumer’s rights in case of non-conformity of the product. The consumer has the right to demand that the product be brought into conformity through repair or replacement. If this is not possible, they are entitled to a price reduction or contract termination, as stipulated in this section. Furthermore, the consumer has the right to suspend payment or the provision of any part of the price until the seller fulfills their obligations under this chapter, as per Articles 1219 and 1220 of the Civil Code. These provisions do not preclude the awarding of damages.

Article L 217-9 of the Consumer Code states that the consumer can demand that the product be brought into conformity with the criteria outlined in the preceding section. They can do so by requesting repair or replacement from the seller and making the product available to them for this purpose.

Article 1641 of the Civil Code mandates that the seller is responsible for hidden defects in the sold item that render it unfit for its intended use or significantly reduce its utility, to the extent that the buyer would not have purchased it or would have paid a lower price if they had known about the defects.

According to Article 1648 paragraph 1 of the Civil Code, any action arising from latent defects must be brought by the buyer within two years from the discovery of the defect.

Annex 2: Standard Withdrawal Form (only for “Consumer” Clients, see Article 15)

To:

Audacifit

Return Service

60 rue Salvador Allende

54510 TOMBLAINE

Email: serviceclient@laboutiqueducoiffeur.com

I hereby notify you of my withdrawal from the contract for the sale of the following Product(s):

[Insert product description]

Order number and description of the Product(s) for which the withdrawal is made:

 

[Insert order date and delivery date]

 

Name and address of the consumer:

 

[Insert consumer’s name and address]

 

Date and Signature