Terms of Sales
PREAMBLE
The site is published by the seller, SAS CHEBHAIR, whose head office is located at the following address: 14 rue de la Marie Blanche 91130, and registered with RCS EVRY 832 358 782. Individual intra-community identification number of the seller: FR 23832358782 The purpose of the following provisions is to define the general conditions of sale on the site www.chebhair.com The present general conditions of sale (hereinafter “GTC”) define the contractual rights and obligations of the seller and his client in the the framework of a distance and electronic sale of goods and products. The GTC exclusively govern the relationship between the seller and the customer. The GTC express all the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated. In case of doubt about any of the conditions of sale, the practices in force in the distance selling sector by companies headquartered in France and the Consumer Code apply. The seller reserves the right to modify the GTC from time to time. The changes will be applicable as soon as they are posted online.
ARTICLE 1. ONLINE STORE
Through the site, the seller provides the customer with an online store accurately presenting the products sold, without the photographs having any contractual value. The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the seller cannot be held liable for this fact. The products are offered within the limits of available stocks. The prices and taxes relating to the sale of the products are specified in the online store.
ARTICLE 2. PRICE
The seller reserves the right to modify its prices at any time by posting them online. Only the current prices indicated at the time of the order will apply, subject to product availability on that date. The prices are indicated in euros (excluding taxes and all taxes included) and do not take into account the delivery costs, which are invoiced in addition. The delivery costs are indicated before validation of the order by the customer. The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the products in the online store. If one or more taxes or contributions, particularly environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products. The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form. Payment of the full price must be made when ordering.
ARTICLE 3. ONLINE ORDER
The customer has the option of completing an order form online, using an electronic form. By completing the electronic form, the customer accepts the price and description of the products. The customer must accept by clicking in the place indicated, these general conditions of sale, for his order to be validated. The customer must provide a valid e-mail address and delivery address and recognizes by these general conditions of sale that any exchange with the seller may take place using this address. The customer will also have to choose the delivery method and validate the payment method. The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem on the customer's account until the problem is resolved.
ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER
This is an order with an obligation to pay, which means that placing the order involves payment from the customer.
4.1 METHODS OF PAYMENT
All of the payment methods available to the customer are listed on the seller's site. The customer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him, when placing the order.
4.2 TERMS OF PAYMENT
All Orders involve payment. These Orders are payable in euros or other currencies offered on the site, all taxes and mandatory contributions included. Any bank charges remain the responsibility of the Buyer (including in the case of a refund).
Penalties of an amount equal to the legal interest rate may, at CHEBHAIR's discretion, be automatically applied to the unpaid amounts after a period of ten days following the date of the Order or upon notification of the bank payment rejection.
CHEBHAIR reserves the right to suspend or cancel any execution of an Order and / or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that would be due by the '' Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the CHEBHAIR Site, including during previous Orders.
4.3 CONFIRMATION
Upon receipt of the validation of the purchase and payment by the customer, the seller transmits to the latter, on the email address he specified, confirmation of receipt of the order form and a copy of the contract to be printed. The seller is required to send an invoice to the customer upon delivery. The customer can request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery. In the event of unavailability of a product, the seller will keep the customer informed by email as soon as possible in order to cancel the order for this product and refund the related price, the rest of the order remaining firm and final. The customer can always exercise his right of withdrawal within 14 days from the time the information concerning the unavailability of the product was sent to him. For any question relating to the follow-up of an order, the customer can contact customer service at the following coordinates: by phone, from Monday to Friday on 07 83 33 86 73 from 10 a.m. to 6 p.m., by email: chebhair@yahoo.com.
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law n ° 2000-230 of March 13, 2000, the online supply of the buyer's bank card number and the final validation of the order constitute proof of the customer's agreement, of the due date. sums due under the purchase order, signature and express acceptance of all operations carried out.
ARTICLE 6. PROOF OF THE TRANSACTION
Communications, orders and payments between the customer and the seller can be proven through computerized registers, kept in the vendor's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 7. DELIVERY
- We make our deliveries in mainland France but also worldwide. We deliver exclusively to the address specified by the customer.
- Delivery times in mainland France with the DHL carrier are estimated at 24 hours, with Colissimo between 48 hours and 3 days. International delivery times are estimated between 7 and 18 working days. Any complaints regarding the delivery time will not be taken into account before the deadline has passed.
- We are not responsible for any delay in delivery. Delivery times are indicative. They can change due to different factors such as strikes, bad weather, holidays etc.
ARTICLE 8. PRODUCT GUARANTEES
8.1 LEGAL GUARANTEE OF CONFORMITY
The seller guarantees the conformity of the products to the contract. The customer may make a request under the legal guarantee of conformity, in accordance with the provisions of Articles L. 211-4 of the Consumer Code, or under the guarantee against defects in Articles 1641 and following of the Civil Code. The customer is informed that the seller is not the producer of all the products presented within the meaning of Law No. 98-389 of May 19, 1998 relating to liability for defective products.
8.2 GUARANTEE AGAINST HIDDEN DEFECTS
The French Civil Code provides the following in terms of warranty against hidden defects:
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. not acquired, or would have given a lower price, if he had known them.
Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity. "
As part of the legal guarantee against hidden defects, CHEBHAIR, according to your choice, undertakes, after evaluation of the defect:
- Either to reimburse the full price of the returned product,
- Or to reimburse him for part of the price of the product if the buyer decides to keep the product.
8.3 DISCLAIMER OF WARRANTIES
Products modified, repaired, integrated or added by the buyer are excluded from warranty. The warranty does not cover apparent defects. The warranty will not cover products damaged during transport or due to improper use.
ARTICLE 9. UNAVAILABILITY OF PRODUCTS AND REFUNDS
In case of unavailability of an ordered product, the customer will be informed by email. The customer will have the possibility of canceling his order and will thus have the choice between reimbursing the sums paid by him within 30 days at the latest of their payment, or exchanging the product.
ARTICLE 10. RIGHT OF WITHDRAWAL
The customer can exercise his right of withdrawal and return of the product within 14 working days of delivery. The customer will exercise his right of withdrawal by contacting customer service: by phone at 07 83 33 86 73 or by email: chebhair@yahoo.com. After having communicated his decision to withdraw, the customer then has 14 days to return or return the goods. Any withdrawal or return not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability vis-à-vis the customer. The customer may request the exchange or refund of the returned product, without penalty, with the exception of the return costs which remain at his expense. However, in the event of an exchange, delivery costs may be billed to the customer again. The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete packaging, intact and in sales condition. The seller must reimburse the customer up to the price of the product, the delivery costs cannot be reimbursed, they therefore remain the responsibility of the customer.
ARTICLE 11. DATA PROTECTION
The seller will keep in his computer systems and under reasonable security conditions proof of the transaction including the purchase order and the invoice. The seller guarantees his client that his personal data is protected. The customer has the right to access, modify and delete the information collected, in particular by contacting customer service for this purpose as follows: by email at the following address: chebhair@yahoo.com.
ARTICLE 12. FORCE MAJEURE
The parties will be exempt from their obligations, in the event that a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code, prevents their execution. The obligations of the parties will be suspended. The party which invokes such a circumstance, must notify the other party immediately, of its occurrence and its disappearance. All irresistible and unforeseeable, inevitable facts or circumstances which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French case law, and in particular the blocking of means of transport, are considered to be cases of force majeure. or supplies, earthquakes, fires, storms, floods, lightning, and shutdown of telecommunications networks. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
ARTICLE 13. PARTIAL NULLITY
If one or more stipulations of these general conditions of sale were to be declared void by application of the law, a regulation or a final decision of a French court, the other stipulations will retain all their force and scope.
ARTICLE 14. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is established in France in a stable and lasting manner to effectively carry out his activity, regardless of the location of his head office in the case of a legal person. Also, these GTCS are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. In the event of a dispute or complaint, the customer will first contact the seller to obtain an amicable solution. In the absence of an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings before the court of the place of the seat. social security of the seller.
.