Eugene Perma France’s merchant site, www.eugeneperma.fr (the « Site »), is an electronic commerce site accessible through the Internet, open to any user of this network. It is edited by the company Eugene Perma France (« EPF »), a public limited company with capital of 2,715,000 euros, whose head office is located at 10, rue James Watt 93 200 SAINT-DENIS, registered with the Bobigny RCS under the number 322 584 723.EPF sells hair products and accessories (the “Products”) to people browsing the Site (the “Internet users”). The Internet user who has validated his order after identifying himself as a professional in the hairdressing will hereinafter be referred to as « Client ».
Any order for a Product offered on the Site to professionals assumes the prior express acceptance of these General Terms and Conditions of Sale (« GTC ») by the Customer. The Products on the Site as offered to professionals are intended for use by hairdressing professionals and / or are intended for sale by these professionals to their own professional hairdressing clients and / or to consumers.
These T & Cs are made available on the Site, they are printable and are also accessible via the link in the order confirmation email sent to each Buyer following an online purchase.
2. EUGENE PERMA PRODUCTS
The Products marketed by EPF are those presented on the Site at the time of consultation by the Internet user and within the limits of available stocks. EPF’s offers are updated regularly so that the availability of the Product can be confirmed with each order. However, in the event of unavailability of one of the Products, the Customer will be informed as soon as possible and will be reimbursed as soon as possible.
Any plan by a Client to open a site or Internet page aimed at reselling the Products acquired on the Site must offer all the required guarantees, in particular in terms of consumer information and respect for EPF’s brand image. and in compliance with the commitments defined in the GTC and the applicable legal provisions.
The Customer assumes sole responsibility for the form, content and operation of his website.
The Products cannot be sold for export, directly or indirectly, except within the European Union.
Some of the Products presented on the Site are also offered for sale to individuals, the prices indicated by default on the Site are the “general public” prices intended for individual Internet users. To know the preferential conditions reserved by EPF for professional Internet users, the Internet user must identify himself as a professional.
To do this, the professional Internet user must create or access his customer account under the conditions specified in article 4.1 of the GTC. Once the Internet user has been identified as a professional, the price of the Products in euros will be displayed next to it. of each Product and will be mentioned exclusive of tax (HT). Delivery charges are not included in the displayed price.
The price indicated next to each Product takes into account the promotions that EPF may offer from time to time to all Professional Internet users Professional Internet users who have entered into a contract with EPF will benefit from the discounts which have been contractually granted to them on each order of a total amount at least equal to 230 euros net excluding tax. These contractual discounts will be taken into account, if applicable, in the summary of the order communicated before its final validation by the Internet user.
The order summary also indicates, in addition to the advertised price, the delivery costs.
The Products are invoiced to the Customer on the basis of the prices in force on the day the order is confirmed.In the event of resale of the Products, the Customers are solely responsible for advertising and fixing their prices and, in the event of a promotion. , of its repercussion on their own customers and in particular on consumers.
4.1. Client Account
In order to place an order for Products on the Site, the Internet user must first create a customer account (the « Customer Account »).
To create a Customer Account, the Internet user clicks on the « Connection » tab at the top of each page of the Site.
The Internet user must then complete the form appearing on the page of the Site, in which he will include the information necessary for his identification and in particular: last name, first name, e-mail address and confidential password. The Internet user also declares on his honor his quality of professional. If he is already a customer of EPF, the Internet user indicates his customer number in order, if necessary, to benefit from the commercial conditions which are granted to him by EPF (under the conditions specified in articles 3 and 5 of the GTC respectively relating to the price. and the terms of payment).
The next time the Internet user visits the Site, all they need to do is enter their email address and confidential password to access their Customer Account.
In the event of loss of his password, the Internet user can request to reset it by entering his e-mail address in the form provided for this purpose. An e-mail will then be sent to him indicating the procedure to follow in order to reset his password.
By logging in to their Customer Account, Internet users will in particular be able to subscribe to the EPF newsletter, know the status of their orders, signal their intention to return a product or print an invoice relating to their past orders.
4.2. Registration of an order, validation and payment
In order to place an order for Products under the conditions reserved by EPF for professionals, the Internet user must first identify themselves as a professional by creating a Customer Account or by logging into their pre-existing Customer Account.
The Internet user can then select the different Products of interest and click on the « add to cart » button next to each Product. The selected Products are then placed in a virtual basket.
During each Product selection, the Internet user views the content of his basket and thus has the possibility of making corrections to his entire selection. He can :
- either click on « finalize my order »,
- or click on « continue my purchases ».
The Internet user can also view the contents of his basket at any time by clicking on « see my cart ».
In order to continue with his order, the Internet user must then:
- indicate his delivery address and the chosen delivery method
- check the box « I accept the General Terms and Conditions of Sale » thereby indicating your acceptance of these GTC.
- select the chosen payment method (Bank card, Paypal or any other payment method that has been previously registered with EPF by signing a contract, such as, for example, a « Phased Settlement Agreement »).
- proceed to the payment of his order.
Once payment has been made, the order is then definitively validated.
4.3. Order confirmation
After validation of the payment, a confirmation of the taking into account of the order will be displayed on the page of the Site, summarizing the essential elements of this one: the number of the order, the nature, the quantity and the price of the ordered Products. by the Customer, as well as the total amount of the order, the Customer’s contact details, the delivery address of the Products and the indicative delivery time.
EPF will also send the Customer as soon as possible by e-mail a confirmation of the recorded order summarizing these essential elements.
Subsequently, the Customer will receive by e-mail a notice of the various states of his order.
5. TERMS OF PAYMENT AND INVOICING
Payment of the price is due when ordering unless the Customer has previously agreed in writing with EPF and providing for specific payment conditions.
Payments can be made by credit card. Cards from the Carte Bleue, Visa, Eurocard / Mastercard networks issued by French financial institutions are accepted. Payments can also be made through the secure Paypal system so that the information transmitted is encrypted by software and that no third party can view it during transmission over the Internet.
If the Internet user pays by credit card, he must mention his credit card number, the expiration date and the pictogram number on the back of it.
If the Internet user pays using a PayPal account, the Internet user will only have to mention the e-mail address and password corresponding to his PayPal account.
The Internet user, who has previously entered into a contract with EPF providing for another method of payment (such as for example « a Phased Settlement Agreement »), will be granted the possibility of paying for his order under the same conditions as those entered into. contractually.
No discount is granted for early or cash payment.
The Customer expressly authorizes EPF to issue an invoice electronically,
In any event, the Products ordered remain the property of EPF until full payment of the price of their order by the Customer.
The amount of EPF invoices may in no case be reduced by any sums due to the Client, in particular for any compensation with the invoices issued by Clients for services rendered. Any deduction not previously validated in writing by EPF is assimilated to a default in payment justifying the suspension of deliveries and the recovery of the amount deducted.
7. DEFAULT AND LATE PAYMENT
Failure to pay, delay or partial payment of an EPF invoice on its due date automatically entails a late payment penalty equivalent to four times the legal interest rate and calculated on the amount excluding Taxes remaining due. This penalty is payable from the due date of said invoice without any prior notification being necessary, until full payment. This penalty is increased by a lump sum indemnity of 40 Euros for recovery costs. In the absence of regularization after a first reminder, the Customer incurs the early payment of all subsequent deadlines.
8. CANCELLATION CLAUSE
In the event of total or partial non-payment of an EPF invoice on its due date, and lack of regularization by the Customer within fifteen days of the sending of a formal notice by letter R.A.R. informing him of EPF’s desire to avail itself of this clause, EPF is entitled to invoke the resolution of said sale, notwithstanding any damages.
9. END OF PERIOD TARIFF DISCOUNT
Orders made on the Site are taken into account in the allocation of any end-of-period tariff rebate which would have been contractually agreed in accordance with the following conditions.
No end-of-period rate rebate constitutes an acquired right for the Customer despite all the discounts or rebates previously granted and regardless of their number or size. They must be expressly provided for by EPF at the start of each period. Any end-of-period rate rebate to which the Customer can claim is definitively acquired only on the express condition of payment on the correct date of all invoices corresponding to deliveries for the year and serving as a basis for calculating rate rebates.
EPF is therefore entitled to claim the restitution of advances paid during the year if all payments have not been made. Only the net turnover excluding Taxes achieved in France subject to VAT and duly paid is taken into account for the allocation and calculation of any discount or rebate.
The Products are delivered within the time period indicated when placing the order (the time limit varies depending on the delivery method chosen).
The Products ordered by the Customer are delivered from Monday to Friday, only in mainland France and Corsica, to the address indicated by the Customer when ordering.
Delivery costs are invoiced according to the price in force on the day of the order, depending on the delivery method chosen, if applicable, by the Customer. Delivery is offered by EPF for any order exceeding 80 euros excluding tax of Products purchased.
A delivery note accompanies the Products delivered.
In the event of a delay in delivery compared to the deadline indicated when ordering, the Customer must notify EPF of this incident as soon as possible via his Customer account on the Site so that an investigation can be carried out by EPF to determine the reasons for the incident. ‘such a delay.
11. TRANSFER OF RISKS
The Products are at the expense and risk of the customer from their delivery. The customer must maintain good storage conditions and be able to prove that he has an adequate insurance policy, in particular to insure the Products, with delegation in favor of EPF. The customer must allow the identification and the claim of the Products in stock at all times. EPF cannot be held liable in the event that the Products are stored in abnormal or incompatible conditions with their nature.
12. RETURN AND COLLECTION OF A PRODUCT
12.1 Return of Products
Upon delivery, in the event of missing or damaged Products during transport, or in the event of an order preparation error, the Customer must make all reservations in writing upon receipt of the Products. After 5 calendar days after receipt of the Products, no complaint concerning the nature, quantity or condition of the Products is admissible.
12.2 Return of Products
Any return concerning Products which are out of the Tariff or which prove to be defective during use requires the prior written consent of EPF. It is carried out at the expense and risk of the Customer. Depending on the quality and age of the Products taken back, a discount is applied according to the applicable EPF scale.
13. POSSIBILITY TO COMMENT, RECOMMEND AND RATE THE PRODUCTS
The Products are likely to be rated by Internet users. Next to each Product presented on the Site will appear a score resulting from the average of the scores granted by Internet users.
Internet users with a Facebook® account will also be able to comment and / or share each of the Products. EPF reserves the right to moderate the opinions of Internet users that it deems manifestly inappropriate.
14. MISCELLANEOUS CLAUSES
EPF cannot be held liable in the event of an interruption in the operation of the Site, the occurrence of a bug, the presence of a virus on the Internet network or any fraudulent intrusion by a third party resulting in a modification of the information made available on the Site.
14.2 Force majeure
EPF cannot be held liable in the event of failure resulting from a case of force majeure within the meaning of the applicable provisions of the French Civil Code and French case law.
In the event that EPF is affected by a force majeure event, EPF will inform the Client by email at the latest within ten (10) days of the occurrence of said force majeure event, indicate the duration and foreseeable consequences, and will do everything possible to limit their scope.
The performance of the obligations will resume its normal course as soon as the event constituting force majeure has ceased and EPF has duly informed the Client.
14.3 Intellectual property
EPF may be the holder of intellectual property rights in the Products. The Customer agrees to respect these rights and must request the prior authorization of EPF before any use.
All elements of the Site are and remain the exclusive property of EPF. No one is authorized to reproduce, use, redistribute, or use for any purpose whatsoever, even partially, the elements constituting it without the prior authorization of EPF.
Any hypertext link (simple or deep) to the Site is only authorized after prior authorization from EPF.
14.4 Advertising and information media
All advertising media and information materials made available to the Customer free of charge remain the property of EPF, which reserves the right to withdraw them or move them to points of sale. Advertising media and information materials that are no longer used must be kept and made available to EPF. Their destruction requires the written consent of EPF.
14.5 Electronic data interchange
EPF is likely to practice Electronic Data Interchange (EDI) in partnership with its Customers, after signing an interchange agreement.
Order forms are archived on a reliable and durable medium stored under reasonable security conditions in EPF’s IT systems. The Customer can reprint their purchase orders via their Customer Account.
14.7 Modifications to the site and the general conditions of sale
EPF reserves the right to modify or modify at any time the pages of the Site, the Products, the prices, the Product sheets, the photographs or these GTCS. These modifications will come into force as soon as they are posted on the site.
14.8 Partial non-validity
If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law or following a final court decision, the other stipulations will remain fully applicable.
14.9 Applicable law
The interpretation and execution of the GTCS as well as the contractual relations between EPF and the Client are subject to French law.
14.10 Regulation (EC) n ° 1223/2009
Any Customer established in the European Union undertakes to comply with all the obligations imposed on him by Regulation (EC) n ° 1223/2009 of the European Parliament and of the Council of November 30, 2009 relating to cosmetic products (and in particular the provisions devoted to the obligations of distributors).
In this context, the Client undertakes in particular to cooperate fully with EPF within the framework of the cosmetovigilance system and to allow the rapid implementation of any corrective measure that may be decided by EPF as responsible person. In addition, the Customer takes note of the fact that EPF alone has the necessary expertise in order (i) to assess the undesirable effects or risks possibly associated with a Product and (ii) in order to decide, if applicable, on the need to notify the adverse reaction to the competent authorities and / or to take corrective measures in connection with the Products.
The Customer therefore undertakes to immediately notify EPF in the event of a suspected risk to human health (article 6 of the Regulations) and / or an undesirable effect potentially linked to the Product (article 23 of the Regulations) in order to enable EPF to assess each situation. The Client also undertakes to ask his own clients to notify him immediately in such cases and to cooperate fully in the implementation of the Cosmetic Regulations.