Clause no. 1: Purpose and Validation
The general terms and conditions of sale described below detail the rights and obligations of Clauderer and any non-trading individual ("you") wishing to purchase a Clauderer contract or Clauderer products. You declare that you have read and accepted these General Terms and Conditions of Sale before placing your order. Confirmation of your order therefore constitutes acceptance of these General Terms and Conditions of Sale.
Clause no. 2: Results provided for in Clauderer contracts
The predicted results are based on Clauderer's 50 years of experience in hair care, the practice of Clauderer Contracts and the results seen with thousands of customers. The projected results are therefore a reliable and plausible indication of what can be achieved. The actual achievement of the predicted results depends essentially on your compliance with the Clauderer treatment protocol: regular treatment, correct application of the products and use of the predicted quantities of products. They are therefore dependent on you and cannot form part of Clauderer's contractual commitments.
Clause 3: Early termination
You have a right of withdrawal of 14 days from the date of receipt or collection of your order. During this period, you may return unused and undamaged products without having to justify the reason or pay any penalty. You are responsible for the cost of returning the goods. For products delivered damaged or not in conformity, the procedure set out in clause 4 will apply.
You can also cancel your Clauderer contract at the end of the second month. In this case, Clauderer will reimburse you 50% of the value of the contract taken out. As a reminder, 4 contracts out of 3157 - less than 0.2% - were terminated in 2016 for insufficient results.
Clause 4: Legal guarantees
All Clauderer products are covered by the legal guarantee of conformity (articles L217-1 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), which allows you to return defective or non-compliant products. Clauderer, whose registered office is located at 346 rue Saint-Honoré 75001 Paris, is the guarantor of the conformity of Clauderer products under these two legal guarantees.
You have a period of two years from the date of delivery of the product to take action under the legal guarantee of conformity. In this case, you may obtain replacement of the product, subject to the cost conditions set out in article L217-9 of the French Consumer Code. You are exempt from having to prove the existence of the lack of conformity during the twenty-four months following delivery of the product. You may also invoke the guarantee against hidden defects under article 1641 of the French Civil Code. In this case, you may choose between rescinding the sale or reducing the price (article 1644 of the Civil Code).
Clause 5: Price
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated inclusive of all taxes. They may be increased by the transport costs applicable on the day of the order in the case of remote delivery. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of Clauderer. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities/organisations in your country. We advise you to obtain information on these aspects from your local authorities. Clauderer reserves the right to change its prices at any time. However, Clauderer undertakes to invoice the goods ordered at the prices indicated when the order was placed.
Clause 6: Terms of payment
Orders can be paid for by cheque, credit card or cash.
Clause 7: Late payment, termination of the sale
If you fail to pay for all or part of the goods delivered by the date of delivery, you shall pay Clauderer a late payment penalty equal to three times the legal interest rate. The legal interest rate applied is that in force on the date of delivery of the goods. This penalty runs from the due date for payment of the price without any prior formal notice being required. If, within fifteen days of late payment, you have still not paid the outstanding sums, the sale will be cancelled by operation of law and may give rise to a claim for damages against Clauderer.
Clause 8: Appointment cancellation policy
Clauderer specialists' schedules are often full several weeks in advance. We do not overbook in order to guarantee that your specialist will be available for your appointment. However, an increasing number of people make appointments and then don't turn up, without taking the trouble to cancel. This prevents another person who really needs Clauderer expertise from being able to benefit from it. To deal with this situation, any appointment not cancelled 48 working hours in advance will be billed at 50 Euros.
Clause 9: Delivery
Delivery is made :
- or by handing over the goods directly to you;
- or at the place indicated by yourself on the order form.
In the event of missing or damaged goods during transport, you must make all necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed to Clauderer by letter with acknowledgement of receipt within five days of delivery.
Clauderer's responsibility ends when the products leave its warehouses and cannot be held liable for any difficulties relating to their transport or delivery (INCOTERM EXW).
Clause 10: Mediation
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Clauderer adheres to the Mediation Service of FEVAD (Fédération du E-commerce et la Vente à Distance) whose contact details are as follows: FEVAD, 60 rue de la Boétie, 75008 Paris and http://wwwmediateurfevad.fr. After first contacting Clauderer in writing, you may refer any unsuccessful dispute to the Mediation officer. To find out how to contact the Mediation officer, follow this link: https://www.mediateurfevad.fr/index.php/espace-consommateur-2/.
Clause 11: Force majeure
Clauderer may not be held liable if the non-execution or delay in the execution of one of its obligations described in these general terms and conditions of sale results from a case of force majeure. In this respect, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.
Clause 12: Place of jurisdiction
The general terms and conditions of sale are governed by French law. In the event of a dispute, the competent court will be that of the defendant's domicile or, at the plaintiff's option, that of the actual delivery of the product(s).