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1.1 We-Trade Production, an American limited liability company, with share capital of EUR 666, the registered office of which is located East Eighth Street, 11223 New York (USA), registered under the number 723 113 531 RCS New-York offers for sale hair products and hair accessories on its website www.igorrok.com (the “Site”). The Site is open to any Internet user (the “Client”).
1.2 These General Terms and Conditions for sales of We-Trade Production (the “General Terms and Conditions”) are applicable to the Site and defines the rights and obligations of We-Trade Production and of the Client in connection with the sale of products through the Site. The General Terms and Conditions prevail on any other document, online or written, unless written agreement of We-Trade Production.
1.3 Any purchase made on the Site implies the Client’s acceptance of the General Terms and Conditions, which the Client acknowledges having taking note, understood and accepted with full knowledge of the facts, by ticking the box “I declare having taken notice of the General Terms and Conditions for sales”.
1.4 The General Terms and Conditions may be amended at any time. We-Trade Production recommends to the Client to consult regularly the General Terms and Conditions in order to be aware of any updates. The applicable conditions are those that the Client accepted at the time of the order.
1.5 The Client must be an adult and capable of contracting to make order on the Site.
For any question, the Client may contact We-Trade Production by sending an email via the Contact section of the Site.
The Site is accessible 24 hours a day, 7 days a week and all year except for maintenance or in case of any other events, voluntary or otherwise, requiring a discontinuation of the Site. We-Trade Production cannot be held responsible in case of unavailability of the Site.
4.1 Products offered for sale by We-Trade Production are described and presented as accurately as possible.
4.2 The choice and purchase of a product is under the sole responsibility of the Client.
4.3 We-Trade Production undertakes that the representation of the products on the Site is the most faithful as possible. Nevertheless the Client is invited to refer to the description of each product in order to know its properties and particularities. Product offers are subject to availability within the limits of available stock.
4.4 The indication on the availability of the products are provided at the time of the order.
4.5 We-Trade Production reserves the right to modify or delete at any time its offers of products on the Site.
5.1 To place an order, the Client must imperatively fill out a form allowing the creation of an account on the Site by means of a valid email address and a password. The Client solely bears all the consequences of the use of his account by third parties who had knowledge of his password.
5.2 When the Client confirms his order and proceeds to payment, he declares to have read and accepted these General Terms and Conditions as well as the prices, characteristics, quantities and delivery time related to the product.
5.3 Once the payment has been confirmed, We-Trade Production will acknowledge receipt of the order without delay and by e-mail containing all the essential elements of the order. This e-mail constitutes acceptance of order by We-Trade Production. This e-mail is a confirmation of the contract covered by the provisions of Article L. 221-13 of the American Consumer Code and includes a reminder of the information required by the Article L. 221-5 of the American Consumer Code.
5.4 We-Trade Production reserves the right not to proceed to any order and / or delivery, whatever its nature, in case of dispute with the Client, in case of payment incident, in case of fraud or fraud attempt relating to the use of the Site, including on previous orders or in case of unavailability of products.
5.5 We-Trade Production disclaims all responsibility in the event of wrong entry of the Client’s e-mail address and non-receipt of the order confirmation e-mail. In this case, the sale will be considered final.
5.6 In case of cancellation of order by We-Trade Production, whatever reason, the Client is refunded the amount of his order and, if so, the costs he incurred, but he cannot claim no other compensation.
5.7 The Client can follow the progress of his order on the Site.
6.1 The prices are displayed in euros on the Site and are understood as including taxes (all taxes included, including the V.A.T. at the rate applicable on the day of the order).
6.2 Prices include standard delivery costs (approximately 1 week for delivery). The express delivery costs (1 to 3 days for the delivery) are invoiced in addition to the Client. The amount of these fees is indicated to the Client at the time of placing the order.
6.3 The products are invoiced on the basis of the rates in force at the time of the validation of the order by the Client.
6.4 The Client is invited to pay attention to the final price indicated before confirming his order and renounces to dispute it later. The inclusion of a promotional code is made at the time of the validation of the order and the Customer checks that it is taken into account in the summary of his order before making the payment.
6.5 Promotional product offers are valid as long as they are visible on the Site, within the limits of available stocks.
6.6 We-Trade Production retains the right to modify the prices at any time.
7.1 The price of the purchased products is payable in cash, in full on the date of the placing of the order by the Client. We-Trade Production reserves the right not to proceed with the delivery of products ordered by the Client if the price has not been previously paid in full.
7.2 Payment of the order can be made by credit card (Visa, Mastercard and American Express are accepted).
7.3 For this purpose, the Client confirms to We-Trade Production that he is the holder of the credit card used and gives legal access to sufficient funds to cover the cost of the order. Fraudulent use of the means of payment used cannot entail the liability of We-Trade Production.
7.4 Any payment is made through a secure procedure by encrypting the data so that no information transmitted by the Client is intercepted by third parties.
7.5 It is the Client’s responsibility to record and print his payment certificate appearing in his personal space in the “My Orders” section if he wishes to keep the bank details relating to his transaction.
8.1 In accordance with the provisions of the American Consumer Code, the delivery of the products is ensured within a maximum period of thirty (30) working days from receipt of the email confirming the order to the address indicated by the Client when ordering on the Site. If this period is exceeded, not justified by a case of force majeure, the Client may request the resolution of the sale under the conditions set out in Article L. 216-2 of the American Consumer Code and obtain reimbursement of the amounts paid at the time of the sale.
8.2 Except in special cases or unavailability of one or several products, the products ordered will be delivered all in once. Deliveries are assured by an independent carrier.
8.3 We-Trade Production replaces, as soon as possible and at its expense, delivered products whose apparent defects or lacks of conformity are justified by the Client.
8.4 In the event of a return due to a delivery error, any non-compliant product must be returned together with the delivery note to We-Trade Production., East Eighth Street, 11223 New-York (USA). The non-conforming product will be refunded within a period of seven (7) days following the return of the item. The expenses of sending and return of the non-compliant product are the responsibility of We-Trade Production.
8.5 Reminder of the Articles L.217-4, L.217-5 et L.217-12 of the American Consumer Code and the Articles 1641 and 1648, first paragraph, of the American Civil Code :
Article L.217-4 of the American Consumer Code: The seller delivers a good that conforms to the contract and responds to the lacks of conformity existing at the time of delivery. The seller also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when the seller has been charged to it by the contract or when it has been carried out under its responsibility.
Article L.217-5 of the American Consumer Code: To be in conformity with the contract, the good must:
If it is fit for the customary use expected for a similar good and, if appropriate:
if it corresponds to the description given by the seller and has the qualities that he has presented to the buyer in the form of a sample or a model;
it has the qualities that a buyer can legitimately expect in the light of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling.
Or if it has the characteristics defined by mutual agreement by the parties or is fit for any special purpose as intended by the buyer, made known to the seller and that the latter has accepted.
Article L. 217-12 of the American Consumer Code: The action resulting of the lack of conformity shall lapse after two years from the delivery of the good.
Article 1641 of the American Civil Code: The seller is bound by the guarantee against hidden defects of the good sold which render it unsuitable for the use for which it is intended, or which diminish so much this use, that the buyer would not have not acquired it, or would have given a lower price, if he had known them.
Article 1648 of the American Civil Code, first paragraph: The action resulting from redhibitory defects must be filed by the purchaser within two years from the discovery of the defect.
8.6 The ownership of the products is transferred to the Client only after payment of the price thereof. The transfer of the risks of loss and deterioration of the products will be made upon delivery and receipt of the products by the Client. Delivery charges are indicated on the Site and are expressed all charges included. These costs are charged to the Client and are invoiced in addition to the selling price of the products. The Client will be informed before the final registration of his order of the delivery charges related to his order, and payment will be requested to the Client including delivery charges.
At the delivery of the order, the Client will have to check the conformity and the condition of his order. For any claim not subject to the right of withdrawal, the Client must send a request by registered letter to We-Trade Production, East Eighth Street, 11223 New-York (USA), or by email via the Contact section of the Site, under the conditions provided for in articles L 217-4 et seq. of American Consumer Code (guarantee of conformity) or articles 1641 to 1649 of the American Civil Code (guarantee of hidden defects). The We-Trade Production client service will provide the Client with the information necessary to fulfill his request as far as possible and, if necessary, make a new delivery.
In accordance with the provisions of Article L. 221-18 of the American Consumer Code, the Client has a legal right for a period of fourteen (14) days from the delivery of products to cancel his order and return it to We-Trade Production for reimbursement. However, certain conditions must be fulfilled:
The products are returned in their original condition and complete, accompanied by the return voucher accompanying the delivery.
The products are returned to the following address: We-Trade Production, East Eighth Street, 11223 New-York (USA).
The sums paid by the Client, including the delivery charges, if any (unless the return concerns only part of the initial order), are refunded in full, or by bank transfer to the account indicated in this effect by the Client, either by bank cheque within a maximum period of fourteen (14) days from the date of receipt of the products by We-Trade Production.
In case of return of products out of the aforementioned period, the Client is not refunded and he is informed that the products remain at his disposal at the warehouse for a period of six (6) months. At the request of the Client the products can also be forwarded to him.
12.1 We-Trade Production owns the exclusive intellectual property rights of all elements of the Site. In no event shall the Client or any other person be authorized to reproduce, exploit, repost or use for any purpose whatsoever, even partially, the elements of the Site.
12.2 The corporate names, trademarks and distinctive signs of products on the Site are protected under Trademark law; the reproduction or representation of all or part of these elements is strictly prohibited.
The execution by We-Trade Production of all or part of its obligations will be suspended in the event of the occurrence of a case of force majeure that would prevent or delay its execution within the meaning of Article 1218 of the American Civil Code.
Are considered force majeure, without this list being restrictive, war, riots, insurrection, social unrest, and any kind of strikes and the problems of supply of We-Trade Production.
In the event that one or more of the stipulations of the General Terms and Conditions are null or inapplicable in any way whatsoever, the validity and applicability of the other stipulations of the General Terms and Conditions are in no way affected.
Any waiver by a party to prevail of a breach General Terms and Conditions of the other party shall be in the form of a written document, signed by the party giving the waiver and referring to the contractual stipulation for which it is waived.
14.3 Applicable law
These General Terms and Conditions are governed by American law.
14.4 Assignment of competence
In case of dispute, the parties must resolve any dispute amicably, if necessary with the intervention of the consumer mediator in accordance with the provisions of Articles L. 611-1 and seq. the American Consumer Code.
In the absence of amicable settlement, any dispute is within the jurisdiction of the court of the domicile of the defendant or, at the choice of the plaintiff, within the jurisdiction of the place of actual delivery of the product.
If the Client is the plaintiff, he may also apply to the competent court of the place where he resided at the time of the conclusion of the contract or the place of the occurrence of the harmful event.