Article 1 - Définitions
These General Conditions (hereinafter the "GTC") are offered by JOLHAIRSKIN SASU, with a capital of 1000 €, a company registered with the RCS of PONTOISE under number 84940579000015 whose head office is located at 4 RUE DE LA PAPETERIE, 95610 ERAGNY (hereinafter “JOLHAIRSKIN”).
Hereinafter we will designate:
- “Site” or “Service”: the site www.jolhairskin.fr and all of its pages.
- "Publisher": the person, legal or physical, responsible for the editing and content of the Site.
- "User": the Internet user visiting and using the Site.
- "Announcement": the textual object that can be added independently by the User on the Site, to promote his property or pass his message.
- “Advertiser”: User posting an Advert on the Site; will be deemed "Seller" if the Ad offers a product or service for sale.
- “Purchaser”: User acquiring a product or service presented in an Ad; will be deemed “Buyer” if this acquisition is made for remuneration (purchase) from an Advertiser-Seller.
And: "Service": paid service for the publication or consultation of Advertisements, or any option that can be purchased or to which it is possible to subscribe to the Site (and not to Advertisers); “Customer”: the Internet user purchasing a Service on the Site; “Consumer”, in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes that do not fall within the framework of his commercial, industrial, artisanal or liberal activity”.
The User of the Site is invited to read these GTC carefully, to print them and / or to save them on a durable medium. The User acknowledges having read the GTC and accepts them fully and without reservation.
Article 2 - Application of the GTC and purpose of the Site
This site is published by JOLHAIRSKIN SASU.
The legal information concerning the host and the publisher of the site, in particular the contact details and any capital and registration information, are provided in the legal notices of this site.
Information concerning the collection and processing of personal data (policy and declaration) is provided in the site's personal data charter.
The purpose of this site is determined as a "Marketplace for natural ethnic cosmetics Made in France".
The purpose of these T & Cs is to define the conditions of access to the Site and its use by Users. The Publisher reserves the right to modify the T & Cs at any time by publishing a new version of them on the Site. The GTC applicable to the User are those in force on the day of its acceptance.
The acquisition of a product or a service, or the creation of a member area, or more generally navigation on the Site supposes the acceptance, by the User, of the entirety of these T & Cs, who acknowledges by the same to have taken full knowledge of it.
This acceptance may consist for example, for the User, of ticking the box corresponding to the acceptance sentence of these GTC, for example having the words "I acknowledge having read and accepted all the general conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature on the part of the User.
The User acknowledges the evidential value of the automatic registration systems of the Publisher of this Site and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
Acceptance of these GTC assumes that Users have the necessary legal capacity for this. If the User is a minor or does not have this legal capacity, he declares to have the authorization of a tutor, a curator or his legal representative.
Article 3 - Intermediary status of the Site
The Site Publisher acts only as an intermediary between the Purchaser and the Advertiser.
The latter hereby conclude a service contract with the Publisher, the object of which is the supply of a technical linkage tool. It is only subsequently that the Advertiser and the Purchaser can conclude, if they so wish and by mutual agreement, an agreement or contract (for example, contract of sale of the good or service offered in the Advert ).
The Site Editor therefore only has an intermediary role and is neither the agent of the other. In the event of a dispute between the Advertiser and the Purchaser, if the parties fail to resolve their dispute amicably, they may have their dispute resolved before the competent courts.
Article 4 - Publication of Advertisements on the Site
Users are offered the option of contributing to the content of this Site, in particular through the publication of Advertisements.
The Site Editor has a responsibility as a host and must remove any Ad of a manifestly illegal nature, and marked as such. The Publisher cannot be held responsible, a priori and without notification of this content, for any illegal content published by a User. Thus, if an Advertiser posts an illegal advertisement online (content infringing intellectual property rights, discriminatory or inciting violence, presentation of counterfeit goods, unauthorized regulated service, etc.), Users can notify it to the advertiser. 'Publisher, who will immediately withdraw the Ad in order to put an end to this obvious disorder.
The Publisher is authorized to take, without compensation, the following measures if a User, in the context of his use of the Site, has not respected the legal provisions, the rights of third parties or these GTC:
- issuance of warnings to the User
- deletion of Advertisements published by the User
- blocking of the User for a limited period of time
- permanent suspension of the User
Users are informed that the Site Editor, represented if necessary by the moderators, may choose to publish the content in question on the newsletters of this Site and on the sites of all its partners, with the Editor responsible for citing the pseudonym of the author of the contribution.
The author therefore waives his rights over the content of the contributions, in favor of the Site Editor, for any distribution or use, even commercial, on the internet, this, of course, always with respect for the authorship of the author.
Article 5 - Evaluation of Advertisers
The Publisher may make means of evaluating Advertisers available to Acquirers following confirmation of the shipment of the product or of the service concerned by an Announcement, thus allowing Purchasers to select the Announcements of the Advertisers. Advertisers who best respect these GTC.
The Site Editor does not control the assessment made by the Purchasers, which it simply stores on the Site. However, he may be required to remove, without notice, any assessment the content of which has been reported to him as illegal. The evaluations left by the Purchaser, as well as his pseudonym, will be visible to any User of the Site.
Article 6 - Duration of the Announcement
Unless otherwise specified, an Ad is published on the Site for a period of 30 days.
At the end of each period, an email may be sent to the Advertiser offering to withdraw the Advert, modify it, or continue its dissemination. For any Ad that has been present free of charge on the Site for more than a year, the Site Editor reserves the right to withdraw the publication.
Article 7 - Advertiser's obligations
The Advertiser undertakes to implement all means in order to optimally meet its obligations by delivering quality service to Users. It guarantees that they do not contravene in any way the laws, regulations in force and applicable standards, mandatory or not, and that they do not infringe the rights of third parties.
The Advertiser also undertakes that the illustrations provided in the description associated with the advertisements he offers (photography, drawing, etc.) comply with the products thus illustrated and respect the rights of third parties. He guarantees that he has the rights, in particular intellectual property, relating to these illustrations, which allow him to use them in order to present the products.
The Advertiser undertakes and guarantees that he will only offer in his advertisements (whether for donation, exchange or sale) products and services which he owns or over which he has rights allowing him to propose them. As such, the Advertiser shall refrain from offering any product consisting of infringing works within the meaning of the Intellectual Property Code or any product or service the marketing of which is regulated by virtue of legislative, regulatory or contractual provisions (in particular due to the existence of a selective distribution network).
In particular therefore, the following articles - cited by way of example and whose list is not exhaustive - cannot, or only within the framework of strict restrictions, be offered (whether for donation, exchange or for sale):
- articles infringing intellectual property rights (copyright and neighboring rights), industrial property rights (trademarks, patents, designs and models) and any other
- applicable law (in particular image rights, rights to respect for private life, personality rights)
- articles that discriminate or incite racial, religious or ethnic violence or hatred
- articles in the field of pornography
- animals alive
- weapons of war, weapons, ammunition
- stolen goods
- medicines, drugs of all types
- and all other items that cannot be legally offered or marketed
Article 8 - Member area
The User registered on the Site (member) has the possibility of accessing it by logging in using their identifiers (e-mail address defined during registration and password) or possibly by using systems such as login buttons third party social networks. The user is entirely responsible for protecting the password he has chosen. He is encouraged to use strong passwords. If the password is forgotten, the User has the option of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in its "my account" section and the User therefore refrains from transmitting or communicating it to a third party. Otherwise, the Site Editor cannot be held responsible for unauthorized access to a User's account.
The creation of a personal space is an essential prerequisite for any order or contribution from the User on this Site. To this end, the User will be asked to provide a certain amount of personal information. He is committed to providing accurate information.
The purpose of data collection is to create a "member account". This account allows the User to consult his contributions, his orders made on the Site and the subscriptions he holds. If the data contained in the member account section were to disappear following a technical failure or a case of force majeure, the Site and its Publisher could not be held liable, this information having no probative value. but only an informative character. The pages relating to member accounts are freely printable by the account holder in question but do not constitute proof, they are only of an informative nature intended to ensure efficient management of the service or contributions by the User.
Each User is free to close his account and his data on the Site. To do this, he must send an e-mail to JOLHAIRSKIN indicating that he wishes to delete his account. No recovery of its data will then be possible.
The Publisher reserves the exclusive right to delete the account of any User who has contravened these T & Cs (in particular, but without this example being of any kind whatsoever, when the User has knowingly provided incorrect information, when registration and creation of their personal space) or any account that has been inactive for at least one year. Said deletion will not be liable to constitute damage for the excluded User who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility, for the Publisher, of taking legal action against the User, when the facts have justified it.
Article 9 - Commission sur les commandes
L'Editeur du Site se rémunère sur la mise en relation entre l'Acheteur et le Vendeur et perçoit une commission selon les principes décrits ci-dessous.
En rémunération du service de mise en relation fourni par l'Editeur, le Vendeur accepte de verser à l'éditeur, du fait de la finalisation par l'Acheteur de la commande sur le Site, une commission égale à 12 % % du montant de la commande.
La commission est acquise et due dès que l'Acheteur a passé commande sur le Site, quel que soit le mode de paiement utilisé.
Article 10 - Site assistance service
The Site's assistance service is accessible by e-mail at the following address: firstname.lastname@example.org or by post at the address indicated in the legal notices.
JOLHAIRSKIN also provides its users with a hotline, or telephone assistance, to answer their questions. Telephone support can be reached by telephone on 0667570934 (non-premium number).
Article 11 - Guarantee of products sold by Advertisers Sellers
Legal provisions to be reproduced
When acting as a legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act; he can choose between repairing or replacing the item, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code; except for second-hand goods, it is not necessary to prove the existence of the lack of conformity of the good during the six months following the delivery of the good, period extended to 24 months from March 18, 2016.
The legal guarantee of conformity applies regardless of any commercial guarantee granted.
The consumer may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be bound by any warranty; In the event that this warranty is implemented, the buyer has the choice between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code. He has two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the date of the birth of the right in accordance with Article 2232 of the Civil Code.
Les Produits vendus sur le site par les Annonceurs Vendeurs professionnels bénéficient des garanties légales suivantes, prévues par le Code Civil ;
Legal guarantee of conformity
According to Articles L.217-4 et seq. Of the Consumer Code, the Seller is required to deliver goods in accordance with the contract concluded with the Consumer Buyer and to respond to any lack of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product. However, when the defect appears within 24 months following this date (or within 6 months if the order took place before March 18, 2016 or the Product is sold second-hand), it is presumed to meet this condition.
On the other hand, after this period of 24 months (or 6 months if the order took place before March 18, 2016 or the product is sold second-hand), it will be up to the Purchaser to prove that the defect indeed existed at the time. the moment of taking possession of the Product.
In accordance with article L.217-9 of the Consumer Code: “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 manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance 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
According to articles 1641 to 1649 of the Civil Code, the Purchaser may request the exercise of the warranty against hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore do not result normal wear and tear of the Product for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or reduce this use to an extent such that the buyer would not have purchased the Product or would not have bought it at such a price if he had known the defect).
Complaints, requests for exchange or refund for a non-conforming Product must be made by post or email to the addresses indicated in the legal notices of the site.
In the event of non-compliance of a delivered Product, it may be returned to the Seller who will proceed with its exchange. If the Product cannot be exchanged (obsolete Product, out of stock, etc.) the Buyer will be reimbursed by check or transfer for the amount of his order. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then the responsibility of the Seller.
Any specific guarantees will be specified by the Sellers to the Buyers before their purchase.
Article 12 - Withdrawal of the Purchaser Purchaser
If the Consumer Buyer has placed an order on the Site for a product from an Advertiser identified as a professional third party, and in accordance with Articles L.221-18 et seq. Of the Consumer Code, if the right of withdrawal applies for this product (see the exceptions listed in article L.221-28, and recalled below), he has a period of 14 days from receipt of his order to exercise with the Advertiser his right of withdrawal (or from the date on which he received the last of the items ordered if these were sent separately by the Advertiser).
The product must be returned in perfect condition, compared to its initial state at the time of purchase. If necessary, it must be accompanied by all its accessories. It is understood that the Purchaser will bear the cost of returning the product in the event of withdrawal, as well as the cost of returning the product if it, due to its nature, cannot normally be returned by post.
If the above obligations are not fulfilled, the Buyer will lose his right of withdrawal and the product will be returned to him at his expense.
The refund will be made by the Site Editor if the order was placed and paid for on the Site, or by the Advertiser-Seller if the transaction took place outside the Site. The refund will be made using the same means of payment as that chosen by the Buyer for the initial transaction, unless the Buyer expressly agrees that the Publisher (or, where applicable, the Advertiser-Seller) uses another method of payment, and insofar as the reimbursement does not incur costs for the Purchaser.
The Site Editor being a simple intermediary between the Buyer and the Advertiser, he will have no role to play in the return process.
It is recalled here that according to article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the following contracts:
- provision of services fully performed before the end of the withdrawal period and the performance of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal
- supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period
- supply of goods made to the consumer's specifications or clearly personalized
- supply of goods liable to deteriorate or expire rapidly
- supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
- supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles
- supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency
- supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery
- supply of a newspaper, periodical or magazine, except for subscription contracts to these publications
- concluded at a public auction
- provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided
- on a specific date or period
- supply of digital content not supplied on a tangible medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
In accordance with article L.221-5 of the Consumer Code, the Consumer Buyer can find below a standard withdrawal form for an order placed on the Site with a professional Advertiser Seller:
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of: (Advertiser Seller contact details)
I / we (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the property (*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of Client (s):
Address of Client (s):
Signature of Client (s) (only if this form is notified on paper):
(*) Cross out the unnecessary mention.
Article 13 - Geographical limitation of use
Use of the site's services is limited to Metropolitan France
Article 14 - Liability
The Publisher is not responsible for Users' publications, their content or their veracity. The Publisher can in no way be held responsible for any damage likely to occur on the User's computer system and / or for the loss of data resulting from the use of the Site by the User.
The Publisher undertakes to constantly update the content of the Site and to provide Users with fair, clear, precise and updated information. The Site is in principle permanently accessible, except during technical maintenance and updating of content. The Publisher cannot be held responsible for damages resulting from the unavailability of the Site or parts of it.
The Site Editor cannot be held liable for technical unavailability of the connection, whether due in particular to a case of force majeure, to maintenance, to an update, to a modification of the Site, an intervention by the host, an internal or external strike, a network failure, or even a power cut.
JOLHAIRSKIN cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. Regarding the Services purchased, the Publisher will not incur any liability for any indirect damage as a result of these, operating loss, loss of profit, damage or costs, which may occur.
The choice and purchase of a Service is the sole responsibility of the Customer. The total or partial inability to use the Services, 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-compliance, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Service allows the withdrawal, according to article L. 221-18 and following of the Consumer Code.
The Customer expressly admits to using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, JOLHAIRSKIN can in no way be held responsible:
- any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, data that may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use ;
- a malfunction, unavailability of access, improper use, improper configuration of the Customer's computer, or even the use of a browser little used by the Customer;
- the content of advertisements and other links or external sources accessible by Customers from the Site.
Article 15 - Hypertext links
The Site may include hypertext links to other sites.
The User therefore recognizes that the Publisher cannot be held responsible for any damage or loss, proven or alleged, resulting from or in connection with the use or with the fact of having read the content, advertising, products or services. available on these sites or external sources. Likewise, the Publisher of this Site cannot be held liable if the User's visit to one of these sites causes him harm.
If, despite the efforts of the Publisher, one of the hypertext links on the Site points to a site or an internet source whose content was or appeared to a User not in conformity with the requirements of French law, the latter undertakes to immediately contact the Site's publication director, whose contact details appear in the Site's legal notices, in order to provide him with the address of the pages of the third-party site in question.
Article 16 - Cookies
A "Cookie" can allow the identification of the User of the Site, the personalization of his consultation of the Site and the acceleration of the display of the Site by saving a data file on his computer. The Site is likely to use "Cookies" mainly to 1) obtain browsing statistics in order to improve the User's experience, and 2) allow access to a member account and to content that does not exist. is not accessible without connection.
The User acknowledges being informed of this practice and authorizes the Site Editor to use it. The Publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of legal requisition.
The User can refuse the registration of “Cookies” or configure his browser to be warned before accepting “Cookies”. To do this, the User will configure his browser:
- For Internet Explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari : https://support.apple.com/fr-fr/ht1677
- For Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- For Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies
- For Opera : http://help.opera.com/Windows/10.20/fr/cookies.html
Article 17 - Access and availability of the Site
The Publisher makes its best efforts to make the Site permanently accessible, subject to maintenance operations on the Site or the servers on which it is hosted. In the event that it is impossible to access the Site, due to technical or other problems, the User cannot claim any damage and cannot claim any compensation.
The Site Editor is only bound by an obligation of means; it cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or others.
The User expressly admits to using the Site at his own risk and under his exclusive responsibility.
The Site provides the User with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, JOLHAIRSKIN can in no way be held responsible:
- any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, data that may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use ;
- a malfunction, unavailability of access, improper use, improper configuration of the User's computer, or even the use of a browser little used by the User.
Article 18 - Intellectual property rights
All the elements of this Site belong to the Publisher or a third party agent, or are used by the Publisher on the Site with the authorization of their owner.
Any representation, reproduction or adaptation of logos, textual, pictographic or video content, without this enumeration being exhaustive, is strictly prohibited and appears to be counterfeit.
Any User who is found guilty of counterfeiting would be liable to have his access to the site deleted without notice or compensation and without this exclusion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, against him. initiative of the Editor of this Site or its agent.
This Site uses elements (images, photographs, content) whose credits go to:.
The brands and logos contained on the Site may be registered by JOLHAIRSKIN, or possibly by one of its partners. Anyone carrying out their representations, reproductions, overlaps, diffusions and reruns incurs the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.
Article 19 - Notifications and complaints
Any notification or opinion concerning these T & Cs, the legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by email to the address indicated in the legal notices of the Site, specifying the contact details , surname and first name of the notifier, as well as the subject of the notice.
Any complaint related to the use of the Site, the Services, the pages of the Site on any social networks or the GTC, the legal notices or the personal data charter must be filed within 365 days following the original day of the problem source of complaint, and this regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will be forever unenforceable in court.
It may be possible that, throughout the Website and the Services offered, and to a limited extent, there are inaccuracies or errors, or information that is at odds with the T & Cs, the legal notices or the charter of personal data. In addition, it is possible that unauthorized modifications are made by third parties on the Site or on related Services (social networks, etc.).
In such a situation would escape us, the User has the possibility of contacting the Site Editor by post or by email to the addresses indicated in the legal notices of the Site, with if possible a description of the error and the location ( URL), as well as sufficient information to contact him.
Article 20 - Independence of clauses
If any provision of the T & Cs is found to be illegal, void or for any other reason unenforceable, then that provision will be deemed severable from the T & Cs and will not affect the validity and enforceability of the remaining provisions.
The GTC replace all prior or contemporary written or oral agreements. They are not assignable, transferable or sublicensable by the User himself.
A printed version of the T & Cs and all notices given in electronic form may be requested in legal 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 21 - Applicable law and mediation
These GTC are governed by and subject to French law.
Unless there are provisions of public order, any disputes that may arise in connection with the execution of these T & Cs may, before any legal action, be submitted to the Site Editor for assessment with a view to an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings. Unless otherwise provided, in public order, any legal action relating to the execution of these GTC must be subject to the jurisdiction of the courts of the jurisdiction of the place of domicile of the defendant.
According to article L.612-1 of the Consumer Code, it is recalled that "any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system ”.
As such, JOLHAIRSKIN offers its Consumer Customers, in the context of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
- Mediator of the Médicys approved mediation center
It is recalled that mediation is not compulsory but only offered in order to resolve disputes while avoiding recourse to justice.
All rights reserved - September 24, 2019