Between the Company The Holy Barber,
20702 Erskine Terrace, Ashburn, VA 20147,
The company can be contacted by email by clicking on the contact form accessible via the home page of the site. Or directly by using the address contact@theholybarbercompany.com
Hereinafter referred to as the ‘Seller’ or the ‘Company’. On the one hand, and the natural or legal person purchasing products or services from the company, hereinafter referred to as ‘the Buyer’ or ‘the Customer’, On the other hand, the following has been set out and agreed:
PREAMBULE
The Vendor is a publisher of Hairstyling / Men’s grooming Products and Services for consumers, marketed via its websites (https://theholybarbercompany.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: Purpose
These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTCS) govern the sale of Products or Services through the Company’s websites and form an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order. The Seller reserves the right to modify these GTC at any time by publishing a new version on its website. The applicable GTCS are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These GCS can be consulted on the Company’s website at the following address: https://theholybarbercompany.com.
The Company also ensures that their acceptance is clear and unreserved by providing a checkbox and a validation click. The Customer declares that he/she has read all of these General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs.
The Customer declares that he/she is legally capable of entering into a contract under French law or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract.
In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices
The prices of the products sold via the Internet sites are indicated in Euros excluding tax and are precisely determined on the Product description pages. They are also indicated in euros including all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller.
They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the competent authorities, etc.). The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company’s websites shall be borne by the Customer. Where applicable, delivery charges are also payable by the Customer.
Article 4: Concluding the contract online
In accordance with the provisions of article 1127-1 of the French Civil Code, the Customer must follow a series of steps to conclude the contract by electronic means in order to be able to place his/her order: – Information on the essential characteristics of the Product; – Choice of the Product and, where applicable, its options; – Indication of the Customer’s essential contact details (identification, email, address, etc.); – Acceptance of these General Terms and Conditions of Sale; – Verification of the elements of the order (double-click formality) and, where applicable, correction of any errors. Before confirming the order, the Buyer may check the details of the order and its price, and correct any errors or cancel the order. Confirmation of the order will result in the formation of this contract. – The payment instructions will then be followed, the products will be paid for and the order will be delivered. The Customer will receive confirmation of payment of the order by e-mail, as well as an acknowledgement of receipt of the order confirming it. They will also receive a .pdf copy of these general terms and conditions of sale.
During the ordering process, the Customer will have the opportunity to identify any errors made in entering data and to correct them. The language proposed for the conclusion of the contract is French.
The terms and conditions of the offer and the general terms and conditions of sale are sent by email to the purchaser when the order is placed and archived on the Vendor’s website. Where applicable, the professional and commercial rules to which the author of the offer intends to abide may be consulted in the ‘ancillary rules’ section of these GTCS, which may be consulted on the Vendor’s website at the following address: https://theholybarbercompany.com.
Communications, orders, order details and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with the provisions of article 1360 of the French Civil Code. This information may be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. In order for the order to be processed correctly, the Customer undertakes to provide truthful identification details. The Vendor reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods and services and their respective prices are made available to the purchaser on the company’s websites, as are, where applicable, the instructions for use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labelling, display or any other appropriate process, of the prices and specific conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page.
The sale price of the product is that in force on the day the order is placed, and does not include delivery charges invoiced in addition. These costs, if any, are indicated to the Buyer during the sales process, and in any event when the order is confirmed. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. Where products or services are not immediately available, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies that he/she has received details of the delivery costs and the methods of payment, delivery and performance of the contract, as well as detailed information relating to the identity of the seller, his/her postal, telephone and electronic contact details, and his/her activities in the context of this sale.
The Vendor undertakes to fulfil the Customer’s order within the limits of available stocks of Products only. If the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Vendor will reimburse the Customer. The contractual information is presented in detail and in the French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of Products and their prices is specified on the Company’s websites, as well as the minimum duration of the contracts proposed when these relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder apply solely to the natural person who signs the order (or the person who holds the e-mail address provided).
Article 6: Conformity
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale under these GTCs comply with the regulations in force relating to personal health and safety, fair trading and consumer protection. Irrespective of any commercial guarantee, the Seller remains liable for any lack of conformity or hidden defects in the product.
In accordance with article L.217-4, the seller delivers goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.
In accordance with the legal provisions relating to conformity and hidden defects (art. 1641 of the Civil Code), the Vendor will refund or exchange defective products or products that do not correspond to the order. Refunds may be requested in the following way: by sending a complaint to contact@theholybarbercompany.com.
Article 7: Retention of title clause
The products remain the property of the Company until full payment has been received.
Article 8: Delivery terms
Products are delivered to the delivery address indicated when the order was placed and within the times indicated. These times do not include the time taken to prepare the order. When the Customer orders several products at the same time, these may have different delivery times and will be dispatched as follows: delivery by one or more packages. In the event of late delivery, a complaint must be made to contact@theholybarbercompany.com. In the event of late delivery, the Customer may cancel the contract in accordance with the terms and conditions set out in Article L 138-2 of the French Consumer Code. The Vendor will then reimburse the product and the ‘outward’ delivery costs in accordance with Article L 138-3 of the French Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to monitor the order. The Vendor reminds you that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to the Customer. It is the Customer’s responsibility to notify the carrier of any reservations regarding the product delivered.
Article 9: Availability and presentation
If an item is unavailable for more than 30 working days, you will immediately be informed of the foreseeable delivery times and the order for this item may be cancelled on request. The Customer may then request a credit note for the amount of the article or a full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately when the order is placed, including for pre-ordered products. The Customer may pay by credit card or cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is made by our payment service provider. The information transmitted is encrypted in accordance with the state of the art and cannot be read during transport on the network. Once payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorises the Vendor to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled and the order cancelled.
Article 11: Withdrawal period
In accordance with the provisions of article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw from the contract without giving any reason, within fourteen (14) days of the date of receipt of the order. The right of withdrawal may be exercised by contacting the Company as follows: by sending a complaint to contact@theholybarbercompany.com. We inform Customers that in accordance with the provisions of articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for any item for which a manufacturing or delivery process is underway. If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be reimbursed, with the cost of returning the product(s) being borne by the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they should be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you can request the standard withdrawal form to be sent to us at the following address: contact@theholybarbercompany.com. Refund procedure: the refund procedure may be carried out following an investigation into the product(s) purchased. For more details, please contact us at contact@theholybarbercompany.com.
Article 12: Warranties
In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden product defects. The Vendor will refund the purchaser or exchange products that appear to be defective or do not correspond to the order placed. Requests for reimbursement must be made in the following way: by sending a complaint to contact@theholybarbercompany.com.
The Seller points out that the consumer: – has a period of 2 years from the date of delivery of the goods in which to take action against the Seller – may choose between replacing or repairing the goods, subject to the conditions set out in the aforementioned provisions. apparently defective or not corresponding – is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods. – that, except in the case of second-hand goods, this period will be extended to 24 months from 18 March 2016 – that the consumer may also invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code and, in this event, may choose between rescission of the sale or a reduction in the sale price (provisions of articles 1644 of the Civil Code). Additional warranties : _____ (describe your additional guarantees)
Article 13: Complaints and mediation
Where appropriate, the Buyer may submit any complaint by contacting the company using the following details submit a complaint to contact@theholybarbercompany.com. In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions set out in Title I of Book VI of the Consumer Code. If the consumer’s request for a complaint to the Vendor’s customer service fails, or if there is no response within a period of two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together with a view to reaching an amicable solution.
Article 14: Termination of the contract
The order may be cancelled by the purchaser by registered letter with acknowledgement of receipt in the following cases: – delivery of a product that does not conform to the characteristics of the order; – delivery beyond the deadline set when the order was placed or, in the absence of a deadline, within thirty days of payment; – an unjustified price increase or modification of the product. In these cases, the purchaser may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of collection of the deposit.
Article 15: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts and, more generally, any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
Performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent performance thereof. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Invalidity and amendment of the contract
If any provision of this contract were to be annulled, such nullity would not result in the nullity of the other provisions, which shall remain in force between the parties. Any contractual modification shall only be valid after a written agreement signed by both parties.
Article 18: Protection of Personal Data
In accordance with Regulation 2016/679 of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, the Seller implements personal data processing for the purpose of selling and delivering the products and services defined in this contract.
The Buyer is informed of the following:
The identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these General Terms and Conditions of Sale (GTC);
The contact details of the Data Protection Officer: …….
The legal basis for processing: contractual performance;
The recipients or categories of recipients of personal data, if any: the data controller, its marketing department, the IT security department, the sales, delivery, and order processing department, subcontractors involved in delivery and sales operations, as well as any authority legally authorized to access the said personal data;
No transfer outside the EU is planned;
The data retention period: the duration of the commercial prescription period;
The data subject has the right to request from the data controller access to personal data, rectification or deletion of such data, or restriction of processing concerning the data subject, as well as the right to object to processing and the right to data portability;
The data subject has the right to lodge a complaint with a supervisory authority;
The information requested at the time of ordering is necessary for invoicing (legal obligation) and the delivery of the ordered goods; without it, the order cannot be processed.
No automated decision-making or profiling is implemented as part of the ordering process.
Article 19: Consumer Information
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code:
The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use or that so diminish its use that the buyer would not have acquired it or would have paid a lower price had they known about them.
Article 1648 of the Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be initiated, under penalty of foreclosure, within one year from the date on which the seller can be released from apparent defects or non-conformities.
Article L. 217-4 of the Consumer Code:
The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when these have been assigned to them by the contract or were carried out under their responsibility.
Article L. 217-5 of the Consumer Code:
The goods conform to the contract if:
1° They are suitable for the usual purpose of similar goods and, where applicable:
– They correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
– They have the qualities that a buyer can legitimately expect, given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or they have the characteristics defined by mutual agreement between the parties or are suitable for any special purpose sought by the buyer, made known to the seller and accepted by the latter.
Article L. 217-12 of the Consumer Code:
The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code:
When the buyer requests a repair covered by the commercial warranty granted at the time of the acquisition or repair of a movable good, any period of immobilization of at least seven days is added to the remaining warranty period. This period starts from the buyer’s request for intervention or from the moment the item is made available for repair if this availability occurs after the intervention request.
