Terms of Sales
Draft general conditions of online sale – version as of 07.24.2023
Preamble
The company OD Brand is a simplified joint stock company, with capital of €7,500, whose head office is located at 54, Boulevard Jean Jaurès, 92110, Clichy, registered with the Nanterre RCS under number 911 563 351 00012 (hereinafter " seller ").
Intracommunity VAT number: FR08911563351
The Seller operates its business under the “3 Trois for all” brand.
It is offered through the website www.troisforall.com (hereinafter referred to as “the Site”) the sale of hair products to a customer (hereinafter “the Customer”).
These General Conditions of Sale (hereinafter “CGV”) govern all online sales of Products between the Seller and the Customer.
Consequently, the fact for any person to order a product offered for sale on the Site implies full acceptance of these general conditions of sale of which the Customer acknowledges having read prior to his order.
I. Definitions
Customer: refers to the Consumer who wishes to purchase one or more Products of the “3 Trois for all” brand online on the Site.
Order: designates the order by which the Customer purchases the Product(s).
Customer Account: designates the personal virtual space made available to the Customer to enable them to complete and follow their Order on the Site www.troisforall.com.
Consumer: designates the prospect or the Customer within the meaning of the introductory article of the Consumer Code.
Party: individually designates the Customer or the company the Seller.
Product: designates the good(s) subject to the Sale between the Customer and the Seller.
Site: refers to the website www.troisforall.com.
II. Objet
These General Terms and Conditions allow any Consumer to know:
- The conditions and terms of online sale of Products sold on the Site
- The conditions and terms of delivery of the Products sold on the Site
- The rights and obligations of each Party in the context of the online sale of Products through the Site
III. Acceptance of the general conditions of sale
The T&Cs are enforceable against the Customer who acknowledges having been informed of these T&Cs, prior to the Order, in a readable and understandable manner. Validation of the order constitutes acceptance of the general conditions of sale.
IV. The purchasing conditions
The Products purchased on the Site are intended solely for the Customer’s personal use. Under no circumstances may the Customer resell these Products.
The Customer is an adult or has authorization from his legal representative to place an order on the Site. The Seller cannot be required to verify the legal capacity of each Customer but reserves the right to request proof of identity to know the age of the Customer and/or a certificate from their legal representative. In the event of no response from the Customer, the Seller reserves the right to refuse the Order.
V. The Products
A. The range of Products
The Products offered for sale by the Seller are displayed on the Site on the day the Customer consults the Site.
A description of the Products presents their essential characteristics within the meaning of article L.111-1 of the Consumer Code.
The photographs and descriptions of the Products may change and do not constitute a contractual document.
The Seller reserves the right to modify the list and ranges of Products, without prejudice to Orders already placed by the Customer.
B. The use of Products
The Seller offers for sale care Products intended for individuals only.
The Customer undertakes to use the Product in accordance with the Seller's recommendations.
C. Product conformity
The Seller assures the Customer that the Products comply with French legislation relating to personal safety and health at the time of their placing on the market.
The Seller cannot be held liable in the event of non-compliance with the legislation of a country other than France in which the Product will be delivered. It is up to the Customer to check with the national and local authorities of the country of delivery the possibility of using the Products.
In the event of non-compliance of the Product(s), the Customer refers to “Article X – Legal guarantees” of these General Terms and Conditions to find out the procedure to follow.
D. The unavailability of a Product
The Products are presented and delivered while stocks last.
When a Product is unavailable, the Customer is informed:
- Or when viewing the Product page by a message on the “Out of stock” screen
- Either after validation of the Order by email offering the Customer the possibility of canceling their Order in order to obtain a refund. In the event that the Customer does not wish to cancel his order, the Order will be sent to him as soon as stock is available again. The Seller is not liable for any compensation in the event of cancellation.
E. The resale of Products
The Products sold on the Site cannot under any circumstances be resold without the express written consent of the Seller.
Likewise, the Products sold on the Site cannot be repackaged and resold without the express written consent of the Seller.
VI. The price
The prices of the Products displayed on the Site are indicated in euros (€) and are valid in mainland France, excluding delivery costs. Prices take into account any reductions and the VAT applicable on the day of the order.
The change in the applicable VAT rate will be reflected in the price of the Products.
Promotions are only valid for one order per household over a defined period of validity and cannot be combined with other reduction offers.
The amount of transport, delivery or postage costs are indicated before validation of the Order.
Metropolitan France
- Colissimo Pickup Point:
- Below 50 euros (€) purchase: 4.50 euros (€) delivery costs
- Above 50 euros (€) of purchase: free delivery costs
- Mondial Relay pickup point:
- Below 50 euros (€) purchase: 4.50 euros (€) delivery costs
- Above 50 euros (€) of purchase: free delivery costs
- Domicile Colissimo: Home delivery
- Below 50 euros (€) purchase: 5.70 euros (€) delivery costs
- Above 50 euros (€) of purchase: free delivery costs
House-Tom - Standard Delivery: 11.00 euros (€) delivery costs
European Union and Switzerland - Standard Delivery: 8.00 euros (€) delivery costs
The Seller reserves the right to modify the price at any time before the Order.
The Products are invoiced according to a price in effect at the time of the Order.
VII. Registration and validation of the order
A. The order terms
The Customer selects the Product(s) he wishes to order. Once selected, this or these Products are placed in the basket.
The Customer then clicks on the “Place order” tab displayed on the “Your basket” page after verifying the accuracy of their Order.
The Customer must then indicate his information and in particular:
- His email address
- His/her name, first name, delivery address
- The chosen delivery option
- His bank data
The Customer clicks on “Pay now” authorizing the Seller to debit the amount indicated on the “Payment” page from the banking establishment.
In the event of refusal of payment authorization, the Customer's Order is not accepted.
The Seller reserves the right to refuse any Order at its sole discretion and in particular if the Order is intended to be resold or if the Customer does not have legal capacity.
B. Order Confirmation
The Seller sends an automatic confirmation email to confirm that the Order request has been received.
This email does not constitute confirmation of the availability of the Products.
The Seller will then send an email to confirm the availability of the Products ordered by the Customer as well as the shipment of the Order.
Once the Order has been validated, the sale will be final and the Customer will no longer be able to cancel their order.
The T&Cs and delivery terms are recalled in this email.
C. The proof of the order
Emails between the Customer and the Seller are binding between the Parties.
The terms of the sale are kept by the Seller. The Customer may request access at any time for a period of ten (10) years after the Order.
VIII. Payment terms
The amount owed by the Customer will be collected upon validation of the Order by the Customer.
The Customer pays the price of the Order by credit card on the Site. The following bank cards are accepted: Carte Bleue, Visa, Mastercard.
The Seller may refuse any Order in the event of refusal of authorization for payment by credit card from banking organizations.
IX. Delivery and acceptance
A. The shipment
The Seller processes Orders from Monday to Friday, excluding public holidays.
The Seller undertakes to ship Orders as quickly as possible after validation of the Order and subject to available stock.
Dispatch of the Order is confirmed by email to the address indicated by the Customer.
B. Delivery terms
The Seller offers different delivery methods in mainland France, Overseas, Europe and Internationally.
The Seller delivers the Order to the postal services or a specialized service provider (hereinafter “Carrier”).
From this delivery, the Order is sent and delivered within the following indicative deadlines:
- DELIVERY BY COLISSIMO or MONDIAL RELAY:
● 2 working days to mainland France and Monaco as well as intra-Overseas
● 11 to 31 days excluding customs processing to overseas territories
● 2 to 8 days excluding customs processing to international destinations.
Sundays and public holidays are not considered business days.
In any event, the Order is executed within a maximum period of thirty (30) days from the day following that on which the Customer validated his order, subject to full payment of the price and compliance with the conditions of purchase in these General Terms and Conditions.
C. Delivery delays
In the event of a delay in delivery of more than thirty (30) days, the Customer undertakes to contact the Seller at contact@troisforall.com to inform them of this delay.
The Seller undertakes to take the necessary steps with the Carrier to ensure delivery of the Order.
The found Order is immediately sent to the Customer.
In the event of loss of the Order by the Carrier confirmed by an investigation, the Seller reimburses all sums paid by the Customer according to the payment method used when ordering within a maximum period of fourteen (14) days from the date of the order. outcome of the investigation, excluding any other compensation.
D. The reception
The Order is delivered to the address indicated by the Customer when validating their Order.
When the Customer chooses the delivery option at a collection point, an email informing them that their Order is ready to be collected is sent to them when the Order is available at a collection point.
The Order is deemed delivered as soon as the Products are made available to the Customer or the third party indicated by the Customer.
In the event of the Customer's absence during delivery, the Customer takes note of the terms of new delivery by the Carrier.
The Customer undertakes to immediately check the conformity of the Product upon receipt.
Any difficulty (compliance, non-compliant product, missing or damaged product) must be reported to the Seller at contact@troisforall.com as soon as possible upon receipt of the Product.
D. Customs Fees and Import Taxes
If ordering products on the Site for delivery outside the European Union, the Customer may be subject to import obligations and taxes.
Customs fees, import taxes and/or local taxes at destination are not included in the Customer's payment. They will be invoiced by the carrier (any service provider) upon delivery of the order.
These costs and taxes, over which the Seller has no control, are the exclusive responsibility of the Customer. Customs policies vary greatly from country to country, so the Customer is advised to contact the local customs department for more information.
Furthermore, in the event of an order on the Site, the Customer is considered the official importer of the product and must respect all the laws and regulations of the country in which he receives the product.
X. Legal guarantees
Except for express exceptions relating to specific Products, the Seller does not grant any commercial guarantee within the meaning of Article L. 217-21 of the Consumer Code.
A. The legal guarantee of conformity
Under articles L.217-3 et seq. of the Consumer Code, the Seller must deliver a Product that complies with the Order placed by the Customer.
The Seller is responsible for any defects in conformity existing at the time of delivery of the Product which appear within two (2) years of delivery.
The Seller is also liable for defects in conformity arising from the packaging within the same time limits.
The warranty period applies without prejudice to articles 2224 et seq. of the Civil Code. The starting point for the period for exercising the legal guarantee of conformity begins on the day the Customer becomes aware of the lack of conformity.
Defects of conformity which appear within a period of twenty-four (24) months from delivery of the goods are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or defect invoked.
The Product complies with the contract if it meets, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;
4° It is updated in accordance with the contract.
In addition to the contract conformity criteria, the Product is compliant if it meets the following criteria:
1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.
However, the Seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately able to know them;
2° That at the time of the conclusion of the contract, the public declarations had been corrected under conditions comparable to the initial declarations; Or
3° That the public statements could not have had any influence on the purchasing decision.
The Customer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he was specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented during of the conclusion of the contract.
B. The legal warranty for hidden defects
Under article 1641 of the Civil Code, the Seller is required to guarantee hidden defects in the seller's item which render it unfit for the use for which it is intended, or which reduce this use to such an extent that the Customer does not would not have acquired, or would have only given a lower price, if he had known them.
The Customer has two (2) years from the discovery of the hidden defects to bring an action, within the limit of twenty (20) years after the sale.
C. The procedure to follow
If the Product(s) delivered do not conform or present hidden defects, the Customer must inform the Seller by email to the address contact@troisforall.com.
The Seller acknowledges receipt and indicates the procedure to follow.
The Customer returns non-compliant Products or Products affected by a hidden defect to the following address:
OD Brand – 54 bvd Jean Jaurès 92110 CLICHY
The Product(s) are returned at the Seller's expense in their original packaging intact and unused, except in the case of a hidden defect, where possible accompanied by a return slip.
The Seller does not accept packages sent postage collect.
Upon receipt of the Product(s), the Seller carries out a verification of the non-conformity or suspected hidden defect as soon as possible within a maximum of thirty (30) days.
D. The content of the guarantees
In the event of confirmation of non-conformity of the Product(s) or a hidden defect, the Customer chooses the following repair method.
Under Article L.217-12 of the Consumer Code, the Seller may not proceed according to the choice made by the Consumer if the requested compliance is impossible or entails disproportionate costs with regard in particular to:
1° The value that the good would have in the absence of a lack of conformity;
2° The importance of the lack of conformity; And
3° The possible possibility of opting for the other choice without major inconvenience for the consumer.
E. The right of withdrawal
A. NOTIFICATION TO THE SELLER OF THE WITHDRAWAL DECISION
The Customer has a right of withdrawal which he may exercise at any time within fourteen (14) clear days after receipt of the Order by the Customer or by a third party indicated by the Customer other than the Carrier without any reason. or penalty.
The deadline begins to run the day after receipt of the Order. If the deadline expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.
The Customer notifies by an unambiguous declaration, in the form of his choice, addressed to the Seller of his desire to exercise his right of withdrawal within fourteen (14) days with the following information:
- His name and first name
- His address
- The order reference number indicated in the shipping confirmation email
- The list of Products subject to withdrawal
The Customer may use the model withdrawal form provided in the appendix to these General Terms and Conditions.
This information must be sent to contact@troisforall.com or to the postal address: OD Brand - 54 bvd Jean Jaurès 92110 CLICHY
B. RETURNS OF PRODUCTS AFTER EXERCISE OF THE RIGHT OF WITHDRAWAL
The Customer returns the Product(s) for which he wishes to exercise his right of withdrawal.
Return costs are the responsibility of the Customer.
The right of withdrawal cannot be exercised by the Customer when the Product(s) have been opened or damaged by the Customer.
C. REIMBURSEMENT OF PRODUCTS AFTER EXERCISE OF THE RIGHT OF WITHDRAWAL
The Seller reimburses the Customer in full, excluding delivery costs, for the Product(s) for which he wishes to exercise his right of withdrawal.
The Seller makes the reimbursement no later than fourteen (14) days following the date on which he was able to collect the Product(s) and verify them.
This refund is made by the same means of payment as for the purchase.
XI. Personal data
The Seller, as data controller, implements the processing of personal data. The Customer can consult the Privacy Policy for more information.
In accordance with the General Data Protection Regulation (EU) 2016/679 of April 27, 2016 and the Data Protection Act No. 78-17 of January 6, 1978, the Seller undertakes to ensure that the collection and processing of data carried out on the Site complies with the regulations in force.
The personal data transmitted to the Seller by the Customer are subject to computer processing and may be used by the Seller and their commercial partners for the processing, execution, delivery, payment and management of Orders. The data collected may also be used by the Seller for commercial prospecting purposes. The collection of data is therefore limited to the information strictly necessary to achieve the purposes set out above. Only adequate, relevant and necessary information may be processed by the Seller. The Seller undertakes not to communicate this information to third parties other than their commercial partners and subcontractors responsible for carrying out the objectives pursued. The Seller may, however, be required to communicate this data to respond to an injunction from the legal authorities.
The Seller undertakes to limit the retention period of personal data to the time necessary to achieve the objectives pursued, as presented below:
Depending on the purposes provided for above, the categories of data retained may differ slightly, the latter being essentially linked to the nature of the mission entrusted.
In accordance with the regulations in force, any natural person, proving their identity, can exercise their right of access, interrogation, limitation, modification, rectification, portability and their right to be forgotten and/or to deletion of all data concerning it and appearing in the Seller's databases.
Any natural person also has the right to define general guidelines relating to the conservation, erasure and communication of their personal data after their death which can be recorded with a trusted digital third party certified by the CNIL. , and specific directives, concerning the processing of personal data mentioned by these directives, which must be the subject of specific consent registered in this respect with the Seller.
Any natural person has a right to object to the processing of personal data, as well as a right to object to this data being used for commercial prospecting purposes.
The Customer may exercise his rights in the following manner:
● If the data subject to the request has been recorded via the Site, the request must be sent to the Seller accompanied by a copy of the Customer's identity document by email to the address contact@troisforall.com
To exercise his right to be forgotten and to delete data collected by the Seller, the Customer can contact the Seller by email at the following address: contact@troisforall.com.
● If the data subject to the request has been recorded by the Seller, the exercise of rights, whatever they may be, must be done by mail accompanied by a copy of the Customer's identity document, directly addressed to the The address of the registered office of the entity concerned which recorded the personal data.
In accordance with article L223-2 of the Consumer Code, the Customer is informed of his right to refuse to be contacted by telephone by registering on the list of opposition to telephone canvassing (http://www.bloctel .gouv.fr/).
An impact analysis is carried out by the Seller, when the processing of personal data is likely to generate a high risk for the rights and freedoms of natural persons. This high risk is characterized when the treatments meet more than two of the nine criteria determined by the CNIL.
The transfer of data outside the European Union and the European Economic Area is subject to a sufficient, appropriate and adequate level of protection.
The Seller ensures the security and confidentiality of personal data by implementing data protection reinforced by the use of physical and logical security means.
The Seller undertakes to notify any violation of personal data to the CNIL and to the persons concerned in the event of a high risk to their rights and freedoms.
The Customer may lodge a complaint with the supervisory authority in the event that one of his rights is violated.
XII. Force majeure
If, due to an event considered to be a case of force majeure within the meaning of article 1218 of the Civil Code, one or the other of the Parties was unable to perform its obligations, the execution of the obligations would be temporarily suspended for the duration of this impossibility without one of the Parties being able to seek liability from the other.
In any event, if this event were to last longer than three (3) months, this contract could be terminated, on the initiative of either Party without right to compensation. on either side. Resolution may take place after formal notice by registered letter with acknowledgment of receipt, with fifteen (15) days' notice.
The following are in particular assimilated to cases of force majeure for information purposes only: any war, any strike and/or lockout preventing the execution of obligations whether or not it occurs within one or the other of the Parties and/or their subcontractors, riot, revolution, rebellion, military force, act of terrorism, sabotage or piracy, epidemic, any bad weather causing damage having the consequence of preventing execution by one or the other of the Parties of its obligations, any provision of a legislative or regulatory nature and more generally any act, having binding force, emanating from any competent authority preventing one or the other of the Parties from performing its contractual obligations, accidents affecting the production and storage of products, strikes by carriers or one of its suppliers, fire, flooding, stoppages in production and supply of energy and/or raw materials, stock shortages, the act of third parties and any act likely to delay or prevent the execution of commitments.
If, upon the occurrence of the force majeure event, the Seller has partially complied with its obligations or can only partially comply with them, it has the right to invoice the part delivered or deliverable separately and the Customer is required to honor this bill.
XIII. Modifications to these General Conditions of Sale
These General Terms and Conditions were updated on [date à compléter].
These T&Cs can be consulted at any time in the “T&Cs” section.
The Seller may modify the General Terms and Conditions at any time by notifying in advance by email the purpose of this modification.
The applicable General Terms and Conditions are those in force on the date of the Order, a dated copy of which can be provided at the Customer's request.
XIV. The partial non-validation
The cancellation of one of the stipulations of these T&Cs will not result in the cancellation of the T&Cs.
XV. The non-renunciation
The fact of a party not availing itself of any of the rights resulting from these General Terms and Conditions cannot be interpreted as a waiver on its part of the rights provided for.
XVI. Applicable law and competent courts
These General Terms and Conditions are governed by French law.
In the absence of an amicable agreement, the Customer is informed that he has the right, subject to having previously sent a written complaint to the Seller, to contact a mediator free of charge.
The Seller adheres to [à compléter] whose contact details are as follows: [à compléter].
In the absence of an amicable resolution, the dispute will be brought before the competent French courts.
Annex 1 - Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract. We advise you to also specify your email address and order number)
Postal address: For the attention of OD Brand - 54 bvd Jean Jaurès 92110 CLICHY
Email address: contact@troisforall.com
“I hereby notify you of my withdrawal from the contract relating to the sale of the property below:
• List of products
● Ordered on [……………..] (*) received on [……………..] (*)
● Name of the client(s):
● Customer(s) address:
● Signature of the client(s)
● Date: »
(*) Delete unnecessary mention