Terms of Service

GENERAL TERMS AND CONDITIONS OF ONLINE SALE

ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions aim to define the rights and obligations of the company FAMA HAIR COUTURE, a limited liability company, headquartered in 75015 PARIS, 922 075 502 RCS PARIS (the "Seller"), and customers (the "Clients" or the "Client"), in the context of the sale of products by the Seller on its website www.famahaircouture.com (the "Site").

They specify, in particular, the conditions for ordering, payment, delivery, and the management of any returns of products ordered by Customers. These General Terms of Sale may be supplemented by specific conditions, stated on the Site, before any transaction with the Client.

These General Terms and Conditions apply to the exclusion of all other conditions, especially those applicable to other distribution or marketing channels. These General Terms of Sale are systematically communicated to any Customer prior to placing an order and will prevail, if necessary, over any other version or contradictory document.

They are accessible at any time on the Site. The Customer declares to have read these General Terms and Conditions of Sale and accepted them before placing an order. The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.

As these General Terms may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the Site on the date of placing the order.

ARTICLE 2 - PRODUCTS OFFERED FOR SALE

The Seller offers for sale on its website hair extensions and hair accessories (hereinafter the "Products"). The main characteristics of the Products, including their specifications, illustrations, and indications, are presented on the website in the Product pages. The Customer is required to be aware of them before placing any order. The choice and purchase of a Product are the sole responsibility of the Customer. The photographs and graphics presented on the website are not contractual and do not engage the Seller's liability.

The Customer must refer to the description of each Product to learn about its properties, essential features, delivery times, and, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract. Contractual information is presented in the French language and is confirmed no later than at the time of order validation by the Customer.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer. In accordance with the Data Protection Act of January 6, 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into effect on May 25, 2018, the Customer has, at any time, the right of access, rectification, opposition, erasure, and portability of all their personal data by writing, by mail and justifying their identity, to the Seller's address mentioned above.

ARTICLE 3 - VALIDITY PERIOD OF PRODUCT OFFERS

Product offers are valid within available stock limits, as specified during order placement.

ARTICLE 4 - ORDERS

4.1 Order Placement Customers select products on the website and add them to the cart, validating the order after checking details. The Customer must ensure the accuracy of the order and promptly report any errors. After accepting these conditions and providing necessary information, the Customer proceeds to pay for the order.

The order is recorded when the Customer validates the order, accepting the conditions, and the Seller confirms order acceptance via email after receiving full payment. The Seller reserves the right to cancel or refuse orders with disputes related to previous orders.

4.2 Modification / Cancellation of the Order Orders, once confirmed and accepted, cannot be modified or canceled, except for withdrawal rights.

ARTICLE 5 - PRICES
The Products are provided at the prices in effect as shown on the website at the time of the Seller's order registration. The prices are expressed in Euros and are exclusive of VAT and inclusive of VAT (if applicable). They take into account any discounts granted by the Seller on its website.

These prices are firm and not subject to revision during their period of validity, as indicated on the website, with the Seller reserving the right, outside this period of validity, to modify prices at any time. They do not include processing, shipping, transport, and delivery fees, which are billed additionally, under the conditions indicated on the website and calculated before placing the order. Depending on the destination, customs duties, and other additional taxes must be paid by the Customer.

If the Customer requests a shipping method that is faster or more expensive than standard shipping, the additional delivery costs, as they appear at the time of order validation by the Customer, are entirely at the Customer's expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including related fees.
An invoice is issued by the Seller and sent to the Customer by email at the address provided by the Customer, upon delivery of the ordered Products.

ARTICLE 6 - PAYMENT CONDITIONS

The full price is payable on the order day through secure payment by credit cards (Visa, MasterCard, Maestro, American Express, CB) or PayPal. Payment is irrevocable, with data exchanged securely.

ARTICLE 7 – PRODUCT DELIVERY

The Products ordered by the Customer are delivered, both in France and internationally, within the shipping time indicated on the Product sheet, plus the processing and shipping time, to the address provided by the Customer during the order on the Site.

If the customer orders products for international delivery outside of France, the order may be subject to taxes and customs fees that will be applied upon delivery to the destination. These taxes and fees will be the responsibility of the customer. Delivery costs, as well as any taxes and customs fees associated with returns, are borne by the customer.

Delivery is considered complete when the Customer physically takes possession of the Product. Unless there is a specific case or unavailability of one or more Products, the ordered Products will be delivered in a single shipment, in accordance with the provisions of Article L 216-4 of the Consumer Code.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the specified time on the Site. However, these deadlines are provided for information purposes only. If the ordered Products have not been delivered within a period of thirty (30) days after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the Customer may notify the Seller in writing, under the conditions provided for in Article L 216-6 of the Consumer Code, of the resolution of the sale, after having given the Seller formal notice to perform within a reasonable additional period not respected by the Seller.

The resolution can be immediate if the Seller refuses to perform or if it is evident that the Seller cannot deliver the Products or if the non-compliance with the delivery time constituted an essential condition of the sale for the Customer.

When the contract is resolved under the conditions provided for in Article L 216-6 above, all sums paid by the Customer will be reimbursed to him at the latest within fourteen (14) days following the date of denunciation of the contract, excluding any compensation or withholding.

In the event of non-compliance of the delivered Product, the Seller undertakes to remedy it or to refund the Customer, as indicated below. The Customer is required to check the condition of the delivered Products. He has a period of two (2) days from the receipt of the Product to make any written reservations or claims for non-compliance or apparent defect of the delivered Products, with all relevant supporting documents (including photos). After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free of any apparent defect, and no claim can be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at its expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-3 and following of the Consumer Code.

ARTICLE 8 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS

The transfer of ownership of the Products as well as the transfer of the risks of loss and deterioration relating thereto, will take place when the Customer physically takes possession of the Products.

ARTICLE 9 – RIGHT OF WITHDRAWAL

In accordance with current legal provisions, the Customer has a period of fourteen (14) days from the receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay penalties, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition, without undue delay and at the latest within fourteen (14) days following the notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.

Damaged, soiled, or incomplete Products will not be accepted.

The right of withdrawal can be exercised using the form below or any other unambiguous statement expressing the Customer's desire to withdraw.

In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the purchased Product or Products will be refunded. Delivery costs, as well as any taxes and customs fees associated with returns, are the responsibility of the customer.

Once the customer has notified his intention to return the product by email, a DHL return label will be sent to him to facilitate the return procedure. The refund will be adjusted by deducting the cost of the return as well as customs and tax fees from the initial amount of the order.

We are unable to predict in advance the amount of any customs fees, taxes, and shipping costs. The cost will be determined upon arrival of the package at our warehouses. Customs duties and taxes are not automatically charged; an estimate of the shipping costs will be communicated to you by email. The invoice will include the cost of the return as well as any customs and tax fees, in the event that the customer resides internationally and chooses our DHL business partner for the return.

However, the customer is free to select his own return method while bearing the costs of taxes and customs that apply to him. The refund of the total amount of the initial order will be made upon receipt of the package, provided that all accessories and products are intact.

We take no responsibility in case of loss of the package during its delivery.

The refund will be made within fourteen (14) days from the notification to the Seller of the withdrawal decision, subject to the proper receipt by the Seller of the returned Products.

ARTICLE 10 - SELLER'S LIABILITY - WARRANTY

The seller undertakes to deliver a product in conformity with the contractual description as well as with the criteria set out in Article L 217-5 of the Consumer Code. It guarantees the Customer against any lack of conformity or hidden defect resulting from a design defect affecting the delivered Products, under the conditions set out in the box below:

"The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal conformity guarantee in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. The legal conformity guarantee entitles the consumer to repair or replacement of the goods within thirty days following his request, free of charge and without major inconvenience for him. If the goods are repaired under the legal conformity guarantee, the consumer benefits from a six-month extension of the initial warranty. If the consumer requests the repair of the goods, but the seller imposes replacement, the legal conformity guarantee is renewed for a period of two years from the date of replacement of the goods. The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being fully reimbursed upon return of the goods, if: 1° The professional refuses to repair or replace the goods; 2° The repair or replacement of the goods takes place after a period of thirty days; 3° The repair or replacement of the goods causes a major inconvenience for the consumer, especially when the consumer permanently bears the costs of recovery or removal of the non-compliant goods, or if he bears the costs of installation of the repaired or replaced goods; 4° The non-conformity of the goods persists despite the unsuccessful attempt by the seller to bring the goods into conformity. The consumer is also entitled to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that it justifies an immediate reduction in price or resolution of the contract. The consumer is not required

to request the repair or replacement of the goods beforehand. The consumer is not entitled to the resolution of the sale if the lack of conformity is minor. Any period of immobilization of the goods for repair or replacement suspends the warranty that remained until the delivery of the goods in good condition. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code. The seller who obstructs in bad faith the implementation of the legal conformity guarantee incurs a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code). The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the goods are kept or a full refund against the return of the goods." To assert his rights, the Customer must inform the Seller, in writing, of the existence of defects or lack of conformity within the aforementioned periods. The Seller will refund or rectify or have rectified (as far as possible) the Products found to be defective within a reasonable period following the Seller's finding of the defect or vice. The refund will be made by credit to the Customer's bank account. The Seller's warranty is limited to the refund of the Products ordered from the Seller. The Seller's liability cannot be engaged in the event of misuse, negligence, or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Products or an accident.

ARTICLE 11 - INTELLECTUAL PROPERTY

The content of the Site is the property of the Seller and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

ARTICLE 12 - SUPERIOR FORCE

The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described in these arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

ARTICLE 13 - PERSONAL DATA

The Seller collects from the Customer the personal data concerning him, strictly necessary for the processing of his order, namely his first and last name, address, email, and telephone number. The information collected conditions the proper execution of the Customer's order. Personal data is collected on the legal basis of these general conditions and is used for the purposes of execution and management of the order entrusted to the Seller by the Customer, and for the creation of a file for the strictly internal processing of the Seller's customers. The personal data collected is intended for the Seller and its partners as part of the execution of orders. They are not intended to be sold, shared, or communicated to third parties for commercial or prospecting purposes.

The data controller for said data is the company FAMA HAIR COUTURE, whose registered office is located at 231 Rue Saint-Honoré, 75001 PARIS, Personal data contact: Mrs. Fama DIAGNE; email address: info@famahaircouture.com. Personal data may be stored and processed in any country in the European Union subject to GDPR No. 2016/679. The Customer has the right to ask the data controller for access to personal data, rectification or erasure of such data, or restriction of processing concerning the data subject, or the right to object to processing and the right to data portability, as well as the right to lodge a complaint with a supervisory authority.

The personal data collected is kept for a maximum period of 5 years to cover the prescription period for contractual and tort liability.

ARTICLE 14 - APPLICABLE LAW - LANGUAGE

These General Conditions and the operations resulting from them between the Seller and the Customer are governed by and subject to French law. These General Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

ARTICLE 15 - DISPUTES

All disputes to which the purchase and sale transactions on the Site, concluded under these General Conditions, could give rise, concerning their validity, interpretation, execution, resolution; their consequences, and their follow-up and which could not have been resolved amicably between the Seller and the Customer, will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute. He is also informed of the possibility for him, in the event of a dispute with the Seller, to have recourse to the consumer mediator designated below:

CONSUMER AND HERITAGE MEDIATION
- By post to the address: 12 Square Desnouettes 75015 PARIS
- Electronically by completing the dedicated online form on the www.mcpmediation.org website

The Customer also has the possibility to submit his request on the online dispute resolution platform made available by the European Commission via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?

ARTICLE 16 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE

The Customer acknowledges having received, prior to placing the order and concluding the contract, in a clear and understandable manner, these General Conditions and all the information listed in Article L.221-5 of the Consumer Code, including the following information:

- The essential characteristics of the Products;
- The price of the Products;
- The date or deadline by which the Seller undertakes to deliver the ordered Products;
- Information about the Seller's identity, postal, telephone, and electronic contact details, and its activities if they do not emerge from the context;
- Information about legal and contractual guarantees and their implementation methods;
- The possibility of resorting to conventional mediation in the event of a dispute;
- Conditions, deadlines, and procedures for exercising the right of withdrawal, as well as the standard withdrawal form;
- Payment, delivery, and execution methods for Product orders, as well as the Seller's procedures for handling complaints.

The act of a natural person (or legal entity) making an immediate purchase or ordering on the Site implies adherence and full acceptance of these General Conditions and an obligation to pay for the ordered Products. This is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Seller.

ANNEXE 1 - WITHDRAWAL FORM

This summary provides a high-level overview, and it's important to refer to the original text for specific details and legal implications.