CLAUSE No. 1: IDENTIFICATION OF THE SELLER
This online shop is operated by Clauderer, a limited liability company (SARL) with a share capital of 55,057 euros, registered with the Paris Trade and Companies Register under number 722 049 962, whose registered office is situated at 346 rue Saint-Honoré, 75001 Paris. Intra-Community VAT number: FR24 722 049 962. Contact: contact@centre-clauderer.com — 01 42 61 28 01 .
CLAUSE No. 1: PURPOSE AND VALIDATION
The General Terms and Conditions of Sale set out below detail the rights and obligations of Clauderer and of any non-commercial individual (“you”) wishing to purchase a Clauderer contract or Clauderer products, or wishing to book an appointment. You confirm 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: TARGET RESULTS SET OUT IN CLAUDERER CONTRACTS
The expected results are based on Clauderer’s 50 years’ experience in hair care, the implementation of Clauderer Contracts, and the results observed with thousands of clients. The expected results therefore provide a reliable and plausible indication of what can be achieved. Whether the expected results are actually achieved depends primarily on your adherence to the treatment protocol set out by Clauderer: regularity of treatment, correct application of the products and use of the recommended quantities. They therefore depend on you and cannot, as such, form part of Clauderer’s contractual commitments.
CLAUSE 3: ONLINE ORDERING PROCESS
Placing an order on the website involves the following steps: select the desired products or service, add them to your basket, log in or create an account, check the order summary including details of the items, prices including VAT and applicable delivery charges, then finalise the order by clicking a second time to confirm, which constitutes firm and irrevocable acceptance of the order. A confirmation email summarising the order is sent to the buyer as soon as possible.
Clauderer ensures that the purchase order is archived for a period of ten years in accordance with Article L213-1 of the Consumer Code. This archive can be accessed upon written request addressed to contact@centre-clauderer.com.
CLAUSE 4: RIGHT OF WITHDRAWAL — TERMS AND EXCEPTIONS
In accordance with Articles L221-18 et seq. of the Consumer Code, you have a period of fourteen calendar days in which to exercise your right of withdrawal without having to give any reason for your decision. This period begins on the day after you receive the goods for orders of physical goods, and on the day after the contract is concluded for the provision of services (appointments).
To exercise this right, you must notify Clauderer of your decision to withdraw by post to the address of the registered office or by email to contact@centre-clauderer.com, using the standard form below or by any other unequivocal statement. In the event of withdrawal, Clauderer will refund the full amount paid, including standard delivery charges, within fourteen days of receiving your request, using the same payment method as that used when placing the order. You are responsible for the cost of returning the goods.
Exceptions to the right of withdrawal. In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised in respect of products whose seals have been broken after delivery and which cannot be returned for reasons of hygiene or health protection. Clauderer bottles, skincare products and haircare products that have been opened, used or whose protective seal has been broken are therefore expressly excluded from the right of withdrawal.
Standard withdrawal form. Please send to Clauderer, 346 rue Saint-Honoré, 75001 Paris or to contact@centre-clauderer.com :
«I/We () notifies you/we notify you () I/we hereby () withdrawal from the contract for the sale of the property () / for the provision of services () below: ordered on () / received on () — Consumer’s name — Consumer’s address — Signature (only in the case of notification on paper) — Date.» () Please cross out the irrelevant option.
CLAUSE 5: EARLY TERMINATION
If you take out a policy, you may cancel your Clauderer policy at the end of the second month of the policy term. In this case, Clauderer will refund 50% of the value of the policy taken out.
CLAUSE 6: STATUTORY WARRANTIES
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 statutory guarantee of conformity. In this case, you may have the product replaced, subject to the cost conditions set out in Article L217-4 of the Consumer Code. You are not required to provide proof of the lack of conformity for the twenty-four months following delivery of the product. Furthermore, you may invoke the guarantee against hidden defects within the meaning of Article 1641 of the Civil Code. In this case, you may choose between rescinding the sale or a reduction in price (Article 1644 of the Civil Code).
CLAUSE 7: PRICE
The prices of the goods sold are those in force on the date the order is placed. They are quoted in euros and include all taxes for deliveries to mainland France and within the European Union. For any delivery to a third country (outside the European Union), products are invoiced excluding tax. Where applicable, transport costs valid on the date of the order may be added in the case of delivery to a remote location. Customs duties, other local taxes, import duties or government taxes may be payable. These duties and charges are beyond Clauderer’s control. They shall be at your expense and are your sole responsibility, both in terms of declarations and payments to the relevant authorities and bodies in your country. We advise you to seek information on these matters from your local authorities. Clauderer reserves the right to amend its prices at any time. However, Clauderer undertakes to invoice the goods ordered at the prices indicated at the time the order is placed.
CLAUSE 8: TERMS OF PAYMENT
In-store: orders can be paid for by cheque, credit card or cash. Online: orders are paid for exclusively by credit card via the secure PayZen payment solution. The bank details entered during payment are transmitted directly to the payment provider via a secure protocol (TLS) and are not stored by Clauderer at any time. In the event of fraudulent use of your credit card, you may contact your bank to dispute the transaction in accordance with the terms set out in your cardholder agreement.
CLAUSE 9: LATE PAYMENT, TERMINATION OF THE SALE
In the event of total or partial non-payment for the goods delivered on the date of delivery, you shall be required to pay Clauderer a late payment penalty equal to three times the statutory interest rate. The statutory interest rate applied is that in force on the date of delivery of the goods. This penalty shall accrue from the due date for payment of the price without the need for any prior notice of default. If, within fifteen days of the payment being overdue, you have still not settled the outstanding amounts, the sale shall be automatically rescinded and may give rise to a claim for damages in favour of Clauderer. These provisions also apply to the penalties for cancelling appointments referred to in clause 10
CLAUSE 10: APPOINTMENT CANCELLATION POLICY
Clauderer specialists’ diaries are often fully booked several weeks in advance. We do not over-book appointments so that we can guarantee your specialist will be available for your appointment. However, an increasing number of people are booking appointments and failing to turn up, without taking the trouble to cancel. This prevents someone else who genuinely needs Clauderer’s expertise from being able to benefit from it. To address this situation, any appointment not cancelled two working days in advance will be charged at 50 euros.
CLAUSE 11: DELIVERY
Delivery is made :
or by handing over the goods directly to you;
or at the place indicated by yourself on the order form.
Orders are dispatched directly by Clauderer from its premises at 346 rue Saint-Honoré, 75001 Paris. The applicable delivery charges and delivery times, depending on the destination, are shown at the time of ordering, before final confirmation.
If a product you have ordered is temporarily out of stock, Clauderer will notify you by email as soon as possible and offer you either a revised delivery date or a full refund of the amount paid, which will be processed within fourteen days of this notification.
Upon receipt of your order, it is your responsibility to check the condition and conformity of the products delivered. In the event of any goods being missing, damaged or non-compliant as a result of transport, you must raise any necessary objections with the carrier at the time of delivery, and inform Clauderer by email at contact@centre-clauderer.com within five working days of receipt, enclosing any relevant supporting documentation (photographs, annotated delivery note). Clauderer will cover the return costs in this specific case of a faulty or non-compliant delivery.
In accordance with Article L221-15 of the Consumer Code, Clauderer bears the risk of loss or damage to the products until they have been delivered to you or to a third party designated by you.
In the event of a delay in delivery compared with the delivery time stated at the time of ordering, you may serve Clauderer with formal notice, by registered letter with acknowledgement of receipt, to make the delivery within a reasonable additional period. Should Clauderer fail to comply within this period, you may rescind the contract by registered letter. Clauderer will then issue a full refund of the sums paid within fourteen days of receiving your notice of termination, in accordance with Article L216-6 of the Consumer Code.
CLAUSE 12: MEDIATION
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Clauderer is a member of the Mediation Service of the Paris Mediation and Arbitration Centre (CMAP), whose contact details are as follows: CMAP, 39 Avenue Franklin D. Roosevelt, 75008 Paris and https://www.cmap.fr. After first making a written complaint to Clauderer, you may refer any dispute that has not been successfully resolved by Clauderer to the Ombudsman. To find out how to refer a matter to the Ombudsman, follow this link www.cmap.fr/consommateurs.
CLAUSE 13: FORCE MAJEURE
Clauderer shall not be held liable if the non-performance or delay in the performance of any of its obligations set out in these general terms and conditions of sale arises from a force majeure event. In this context, force majeure refers to any external, unforeseeable and unavoidable event within the meaning of Article 1218 of the Civil Code.
CLAUSE 14: COMPETENT COURT
These general terms and conditions of sale are governed by French law. In the event of a dispute, the competent court shall be that of the defendant’s place of residence or, at the claimant’s discretion, that of the place where the product(s) were actually delivered.
CLAUSE 15: PROTECTION OF PERSONAL DATA
As part of the processing and fulfilment of your orders, Clauderer collects and processes personal data relating to you (identity, contact details, order history, browsing data). This processing is carried out by Clauderer, SARL, 346 rue Saint-Honoré, 75001 Paris, acting as the data controller, on the basis of the performance of the contract and, where applicable, your consent to receive marketing communications.
Your data is retained for as long as is necessary to fulfil the contract and the resulting legal obligations, and for a maximum of five years from the date of your last order in the case of customer data. It is not passed on to third parties for commercial purposes. You have the right to access, rectify, erase, restrict, transfer and object to the processing of your data, which may be exercised by emailing contact@centre-clauderer.com or by post to our head office. If your complaint remains unresolved, you may refer the matter to the CNIL (www.cnil.fr).
CLAUSE 16: INTELLECTUAL PROPERTY
All elements of the website (text, visuals, photographs, trade name, logo, product descriptions) are the exclusive property of Clauderer or are subject to licences granted to Clauderer, and are protected by intellectual property law. Any unauthorised reproduction, representation or use of these elements is prohibited and constitutes an infringement punishable under Articles L335-2 et seq. of the Intellectual Property Code.