ARTICLE 1 – DEFINITIONS

These General Conditions of Sale (hereinafter the “GCS”) are offered by ATTIA Dani – SARL , under number 81322608100020 and whose head office is located at 8 rue pisançon 13006 Marseille, FRANCE

We will subsequently designate:

• “Site” : the site “www.noiahair.com” and all of its pages.
• “Products” or “Services” : all products (materials) and services (benefits) that can be purchased or subscribed to on the Site.
• “Seller” : Noia Hair, legal or natural person, offering its Products or Services on the Site.
• “Customer” : the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
• “Consumer” , in accordance with the definition of the preliminary article of the Consumer Code: “ any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity ”.

The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully, to print them and/or to save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the General Terms and Conditions and accepts them in full.

ARTICLE 2 – APPLICATION OF THE GTC AND PURPOSE OF THE SITE

The Seller reserves the right to modify the T&Cs at any time by publishing a new version of the latter on the Site.

The General Terms and Conditions applicable to the Customer are those in force on the day of the order on the Site .

Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.

This Site offers the online sale of cosmetic products for hair.

The Site is freely accessible and free of charge to all Customers. The acquisition of a Product or Service implies acceptance by the Customer of all of these General Terms and Conditions, who thereby acknowledges having fully read them. This acceptance may consist, for example, for the Customer, of checking the box corresponding to the sentence accepting these General Terms and Conditions, for example, stating " I acknowledge having read and accepted all of the general terms and conditions of the Site ". Checking this box will be deemed to have the same value as a handwritten signature from the Customer.

Acceptance of these General Terms and Conditions assumes that Customers have the legal capacity necessary for this. If the Customer is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, curator or his legal representative.

The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.

ARTICLE 3 – CREATION OF A CUSTOMER ACCOUNT

The creation of a "customer account" is an essential prerequisite for any order by the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as their first and last name, email address, postal address and telephone number, this list not being exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating their data. They must therefore notify the Seller without delay in the event of a change. The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.

The Customer registered on the Site has the possibility of accessing it by connecting using his identifiers (email address defined during registration and password) or possibly by using systems such as third-party connection buttons of social networks. The Customer is entirely responsible for protecting the password he has chosen. He is encouraged to use complex passwords. If he forgets his password, the Customer has the possibility of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in his "my account" section and the Customer therefore refrains from transmitting it or communicating it to a third party. Failing this, the Seller cannot be held responsible for unauthorized access to a Customer's account.

The customer account allows the Customer to view all of their orders placed on the Site. If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the Seller cannot be held liable, as this information has no probative value but is only informative. The pages relating to the customer account can be freely printed by the Customer holding the account in question but do not constitute proof in any way; they are only informative in nature intended to ensure efficient management of their orders or contributions by the Customer.

Each Customer is free to close his account on the Site. To do this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of his data will then be possible.

The Seller reserves the exclusive right to delete the account of any Customer who has contravened these General Terms and Conditions (in particular, and without this example being in any way exhaustive, when the Customer has knowingly provided incorrect information when registering and creating their personal space) or any account that has been inactive for at least one year. Said deletion will not be likely to constitute damages for the Customer who will not be able to claim any compensation for this reason. This exclusion does not exclude the possibility for the Seller to take legal action against the Customer, when the facts have justified it.

ARTICLE 4 – METHOD OF SUBSCRIBING TO ORDERS AND DESCRIPTION OF THE PURCHASE PROCESS

The Products and Services offered are those listed in the catalog published on the Site. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.

The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered.

The term "Basket" will be defined below as the intangible object grouping together all the Products or Services selected by the Customer of the Site with a view to a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his "Basket", the contents of which can be modified at any time.

Once the Customer considers that they have selected and added to their basket all the Products they wish to purchase, they will have the option, to validate their order, to access their basket by clicking on the button provided for this purpose. They will then be redirected to a summary page on which they will be informed of the number and characteristics of the Products ordered, as well as their unit price.

If the Customer wishes to validate his order, he must check the box relating to the ratification of these General Terms and Conditions and click on the validation button. The Customer will then be redirected to a page in which he must fill in the order form fields. In the latter case, he must provide a certain amount of personal data concerning him, necessary for the proper execution of the order.

All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, until its validation.

Once the Customer has completed the form, he will then be invited to make his payment using the payment methods listed in the section of these T&Cs relating to payments. After a few moments, the Customer will be sent an order confirmation email, reminding him of the content of the order and its price.

The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

ARTICLE 5 – PRICE AND PAYMENT TERMS

Unless otherwise stated, the prices listed in the catalog are prices in Euros including all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.

Noia Hair reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer may place an order on this Site and may pay by Credit Card or Paypal. Credit card payments are made using secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In the event of payment by bank transfer, the delivery times defined in the "Deliveries" article of these General Terms and Conditions only begin to run from the date of actual receipt of payment by the Seller, the latter being able to provide proof of this by any means. The availability of the Products is indicated on the Site, in the description sheet of each Product.

Noia Hair will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

ARTICLE 6 – DELIVERIES

The delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitations, orders can be shipped anywhere in the world. The delivery times indicated when ordering are for information purposes only and remain dependent on possible delays by postal services or other special cases preventing delivery (events, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Territories, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be materially unable to provide him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of fifteen (15) days after the conclusion of the contract with a Consumer Customer.

In the event of a hand delivery, the customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, Product missing compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the damaged goods collected by the carrier. In the event of a delivery to a mailbox, the customer agrees to immediately check the package and contact Noia Hair support if he notices any anomaly. Failure to comply with these requirements will result in the Customer not being able to exercise his right of refusal, and the Seller will not be required to comply with the Customer's request to exercise his right of refusal.

If the Customer's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask what to do with their order. If the Customer has mistakenly refused the package, they may request that it be resent by paying the postage costs for the new shipment in advance. Postage costs must be paid even for orders for which postage was free when the order was placed.

In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller.

Any delay in delivery compared to the date or time indicated to the Consumer Customer when ordering or, in the absence of indication of a date or time when ordering, more than thirty (30) days from the conclusion of the contract may result in the termination of the sale at the initiative of the Consumer Customer, upon written request from him by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery he has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

Special case of a package whose tracking number indicates that it is “ delivered ” » but not received in the mailbox: if the Customer notices and informs the Seller that the package is not in his mailbox despite the fact that its tracking number indicates that it is "delivered", customer service may ask him for additional information as well as an official document from La Poste responding to his complaint regarding the corresponding tracking number. The Seller will then do everything possible to guarantee the Customer's satisfaction by offering, in particular, the immediate return of the products at his own expense.

ARTICLE 7 – RIGHT OF WITHDRAWAL AND WITHDRAWAL FORM

The Consumer Customer has fourteen (14) working days from the date of receipt of the product of his order to withdraw. He will be required to return any product that does not suit him and request an exchange or refund without penalties, with the exception of return costs, within fourteen days from receipt by Noia Hair of the refund request.

The Product must be returned in perfect condition, in blister pack and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to Noia Hair. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal.

The Customer is advised to make the return using a solution that allows the parcel to be tracked. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate it.

The refund will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees for the Seller to use another method of payment, and to the extent that the refund does not incur any costs for the Customer.

The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such demonstration has not previously taken place.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

In accordance with article L121-17 of the Consumer Code, (“Hamon law”) of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

FOR THE ATTENTION OF:

Brabus Media LLC – 1704 Llano Street ST B-1250 Santa Fe, NM 87505

I / we (*) hereby notify you (*) of my / our (*) withdrawal from the contract for the sale of the property below:

Order number:

Name / First name:

Phone number:

E-mail address :

Postal address:

Reason for complaint:

– Exchange* (mention the desired product)

– Reimbursement* (attach a complete RIB with IBAN and BIC mentioned)

 

Signature of the Client(s) (only if this form is notified on paper):

Date :

(*) Delete as appropriate.

 

ARTICLE 8 – PRODUCT WARRANTY

LEGAL PROVISIONS TO BE REPRODUCED

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to any guarantee; in the event of implementation of this guarantee, the buyer has the choice between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period cannot have the effect of extending the limitation period beyond twenty years from the day the right arises in accordance with Article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal guarantees, provided for by the Civil Code;

LEGAL GUARANTEE OF CONFORMITY

The Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to be liable for any lack of conformity that exists during the delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day the Product is taken possession of.

On the other hand, it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer ."

LEGAL GUARANTEE AGAINST HIDDEN DEFECTS

In the event of non-conformity of a delivered Product, it may be returned to the Seller who will proceed with its exchange. In the event that it is impossible to exchange the Product (obsolete Product, out of stock, etc.) the Customer will be reimbursed by check or transfer for the amount of his order. The costs of the exchange or refund procedure (in particular the shipping costs for returning the Product) are then the responsibility of the Seller.

ARTICLE 9 – CUSTOMER SERVICE

The customer service of this Site can be reached by email at the following address: “contact@noiahair.com”, by form or by post to the address indicated in the legal notices.

ARTICLE 10 – RESPONSIBILITY

The Seller Noia Hair shall not be held liable for the non-performance of the contract concluded due to the occurrence of a force majeure event. Concerning the Products purchased, the Seller shall not incur any liability for any indirect damages resulting from these presents, loss of business, loss of profit, damages or costs, which may arise.

The choice and purchase of a Product or Service are placed under the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal if applicable, that is to say if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows for withdrawal, according to article L 121-21 of the Consumer Code.

The Customer expressly acknowledges using the Site at his own risk and under his exclusive responsibility. In any event, Noia Hair may not be held responsible under any circumstances:

• for any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may result, among other things, from the use of the Site, or on the contrary from the impossibility of its use;
• a malfunction, unavailability of access, misuse, incorrect configuration of the Client's computer, or the use of a browser that is rarely used by the Client;
• the content of advertisements and other links or external sources accessible by Customers from the Site.

The Seller cannot therefore be held liable if the characteristics of the Products differ from the visuals present on the Site or if the latter are incorrect or incomplete.

ARTICLE 11 – INTELLECTUAL PROPERTY RIGHTS

All elements of this Site belong to the Seller or to a third party agent, or are used by the Seller with the authorization of their owners.

Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being limiting, is strictly prohibited and constitutes counterfeiting.

Any Customer found guilty of counterfeiting may have their account deleted without notice or compensation and without this deletion constituting any damage to them, without reservation of possible subsequent legal proceedings against them, at the initiative of the Seller or its agent.

The brands and logos contained in the Site may be registered by Noia hair, or possibly by one of its partners. Any person carrying out their representations, reproductions, imbrications, diffusions and redistributions is liable to the sanctions provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

ARTICLE 12 – INDEPENDENCE OF CLAUSES

If any provision of the T&Cs is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the T&Cs and will not affect the validity and enforceability of any remaining provisions.

These General Terms and Conditions supersede all prior or contemporaneous agreements, written or oral. The General Terms and Conditions are not assignable, transferable or sublicensable by the Customer himself.

A printed version of the T&Cs and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs must be written in the French language.

ARTICLE 13 – APPLICABLE LAW AND MEDIATION

These T&Cs are governed by and subject to French law.

Except for provisions of public policy, any disputes which may arise in the context of the execution of these General Terms and Conditions may, before any legal action, be submitted to the assessment of the Publisher of the Site with a view to an amicable settlement.

It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal actions. Unless otherwise provided for by public policy, any legal action relating to the execution of these General Terms and Conditions must be submitted to the jurisdiction of the courts of the district of the applicant's place of residence.