Terms and Conditions of Sale

1 – OBJECT AND SCOPE OF THESE GENERAL TERMS AND CONDITIONS OF SALE (GTCS)

1.1 – Purpose of these GTCS

As a preliminary matter, terms beginning with a capital letter in the clauses below of this Article 1, which are not defined in this Article 1, are defined in Article 3 below.

These General Terms and Conditions of Sale (the “GTCS”) aim to stipulate the terms, conditions, and modalities relating to the sale and delivery of Products sold by RankyShop (hereinafter referred to as the “Seller”), which are ordered by a buyer (hereinafter referred to as the “Client”) via the Website.

These GTCS also aim to stipulate the respective rights and obligations of RankyShop and the Client in the context of the sale of Products via the Website.

RankyShop and the Client are hereinafter collectively referred to as the “Parties” and individually as a “Party”.

1.2 – Scope of Application of these GTCS

These GTCS apply to all sales of Products offered by RankyShop on the Website. Thus, any Order of Products placed by the Client via the Website is governed, without restriction or reservation, by these GTCS.

Therefore, by placing an Order for a Product on the Website, the Client fully accepts these GTCS, of which the Client expressly acknowledges having read prior to placing the Order (see Article 9.3 below).

Furthermore, these GTCS are supplemented by the Legal Notices (Legal Notices (laboutiqueducoiffeur.com)), which also include the General Terms of Use of the Website, and by the Privacy Policy/Data Protection Policy (Data Protection (laboutiqueducoiffeur.com)).

Orders governed by these GTCS are exclusively those placed via the Website (see definition in Article 3).

1.3 – Different Categories of Clients – Applicability of Certain Clauses

These GTCS apply to any Client, whether they are a “Consumer,” “Non-Professional,” or “Professional,” these terms being understood in the sense of the definitions set forth in the preliminary article of the Consumer Code (see definitions below).

However, certain clauses of these GTCS are only applicable to the “Consumer” Client and/or the “Non-Professional” Client and/or the “Professional” Client. When this is the case, said clauses expressly mention it.

The category/categories of Client not mentioned are therefore not concerned by the said clause and cannot therefore rely on it against RankyShop. In the absence of precision/mention, the clause applies to any Client, whether they are a “Consumer,” “Non-Professional,” or “Professional.”

“Consumer” means any natural person who acts for purposes that are not part of their commercial, industrial, craft, liberal, or agricultural activity. In other words, a natural person placing an Order for Product(s) for their own needs or for gift purposes within a family or friends circle, etc. “Non-Professional” means any legal entity that does not act for professional purposes. In other words, a legal entity for which the purchase of Products is not directly related to its professional activity. This is notably the case, by way of examples, for retirement homes, hospitals, and public authorities. “Professional” means any natural or legal person, public or private, who acts for purposes within the scope of their commercial, industrial, craft, liberal, or agricultural activity, including when acting on behalf of or for the account of another professional. This notably includes a sole proprietorship, regardless of its status, or a company, purchasing Products to use them for its professional activity, specifically professionals in the field of hairdressing and/or aesthetics.

1.4 – Prior Declarations of the Client

The Client expressly declares and warrants that:

there are no restrictions on their capacity to contractually bind themselves as a result of receivership, judicial liquidation, or any other incapacity; (when the Client is a “Consumer”) they are of legal age and have, without restriction or reservation, the legal capacity to place an Order and contractually commit; the conclusion of the Contract does not contravene any prior contractual commitment made to a third party.

2 – IDENTITY OF THE SELLER

“RankyShop is the trade name, brand, and primary trademark of the selling company of the Products which is identified below.

Corporate Name: “HAPPY CURL”

Simplified joint-stock company registered with the RCS of Nancy under number 343 738 266

Registered Office Address:

60, rue Salvador Allende

54510 Tomblaine (France)

Phone: 03 83 48 89 54

Email: serviceclient@laboutiqueducoiffeur.com

3 – DEFINITIONS

In addition to the terms defined in Articles 1 and 2 above, for the purpose of understanding, interpreting, and executing these GTCS, the essential terms (non-exhaustive list), which begin with a capital letter in the clauses of these GTCS, are defined as follows:

  • “Annex(es)” means the annex(es) of these GTCS.
  • Annex 1 contains the texts (legal and regulatory provisions) of the Consumer Code and the Civil Code whose reproduction is mandatory. Annex 2 contains the standard withdrawal form for “Consumer” Clients wishing to exercise their legal right of withdrawal (see Article 15 of these GTCS).
  • “Client” means any natural or legal person, regardless of their legal status, whether private or public, placing an Order for Product(s) via the Website.
  • “Order” means any order for Product(s) placed by the Client via the Website.
  • “Contract” means the contract of sale of Product(s) concluded by the Parties. The Contract is composed of the Contractual Documents set forth in Article 5 and is formed under the conditions set forth in Article 9.3 below.
  • “Product Sheet” means, for each Product, the information displayed on the Website, including: a description/presentation of the Product, the statement of the elements and any accessories contained in the Product, excluded elements, essential technical characteristics, and instructions for use of the Product, which the Client can freely consult before placing their Order.
  • “Store” means any physical store/shop belonging to the HAPPY CURL company group and bearing the “RankyShop” brand.
  • “User Manual” means the paper and/or digital support containing the instructions and guidelines related to the operation and use of the Product, including maintenance instructions to be followed by users of said Product.
  • “Logistics Service Provider” means any third-party company acting on behalf of RankyShop/the Seller responsible for order logistics, transport, and/or delivery of the Order to the Client according to the delivery terms agreed upon during the formation of the Contract (see Article 9.3). Logistics Service Providers include, among others: COLISSIMO, MONDIAL RELAY, CHRONOPOST.
  • “Products” means all products, materials, accessories, etc., offered for sale on the Website.
  • “Customer Service” means the customer service of RankyShop/the Seller, whose contact details are provided via this link: Our customer service responds (laboutiqueducoiffeur.com) and are also indicated in Article 20.2 below.
  • “Website” means the website through which the Seller offers Products for sale, whose address is: https://www.rankyshop.com.

Depending on the context, the terms defined in this Article 3 may be written in singular or plural form in the clauses below. In addition, other terms and expressions are defined in the clauses below of these GTCS. These other terms and expressions, which also begin with a capital letter, will have the meaning subsequently attributed to them in the clauses below.

4 – PRECONTRACTUAL INFORMATION – PRODUCT CHARACTERISTICS

In accordance with, notably, Article L 111-1 of the Consumer Code, RankyShop provides Clients with useful information concerning the description and essential characteristics of the Products, as well as their use, on the Website, through various means, including Product Sheets, which the Client can freely consult before placing their Order.

The photos of the Products sold on the Website are provided for illustrative purposes only and are therefore not contractual. The content of the Website is in French only.

RankyShop recommends that the Client carefully reads the Product Sheet of each Product they intend to order.

In case of doubt and/or if the Client wishes to receive advice and/or additional information, they are invited to contact the Customer Service of RankyShop by email or by phone (see the Seller’s contact details in Article 2) during the opening hours indicated in the section Our customer service responds (laboutiqueducoiffeur.com).

5 – COMPOSITION OF THE CONTRACT: CONTRACTUAL DOCUMENTS

The documents listed below are collectively referred to as the “Contractual Documents.” They are complementary and constitute the Contract concluded by the Parties and formed under the conditions set forth in Article 9.3 below.

The Contractual Documents are:

  • the Order placed by the Client via the Website;

AND

  • these General Terms and Conditions of Sale (GTCS).

Any general terms and conditions of purchase of the Client are inapplicable to the sale of the Products and are, in any case, unenforceable against RankyShop.

6 – PRODUCT CATALOG AND DIFFERENTIATED PRICE CONDITIONS ACCORDING TO CLIENT CATEGORIES

Given the different categories of Clients who may place an Order on the Website, the Product catalog accessible on the Website for “Professional” Clients and “Non-Professional” Clients differs from the catalog dedicated to “Consumer” Clients, notably in the following elements:

  • the range of Products offered for sale;
  • the prices/selling prices of the Products;
  • the presentation of prices/selling prices of the Products: the prices in the catalog accessible to “Professional” Clients and “Non-Professional” Clients are indicated excluding taxes (HT). The prices in the catalog accessible to “Consumer” Clients are, however, indicated including all taxes (TTC).
  • the amount of the Order from which shipping costs are covered by RankyShop (free shipping).

Furthermore, notwithstanding the above, RankyShop offers preferential rates and/or benefits to Clients who are employees or apprentices in the field of hairdressing or aesthetics, and to Clients who are students, under certain conditions.

7 – AVAILABILITY OF PRODUCTS AND OFFERS

The Products and promotional offers offered for sale by RankyShop on the Website are valid as long as they are advertised on the Website and within the limits of available stock.

Moreover, RankyShop may, at any time, modify the assortment/catalog of Products offered for sale on its Website, provided that this does not affect the Order(s) placed by the Client prior to said modification.

In the event of unavailability of all or part of the Products after the Order has been placed, the Client will be notified by email as soon as possible. In this case, the Order will then be canceled either totally or partially.

In case of cancellation of the entire Order: the Client will be informed by email and their bank account will not be debited.

In case of cancellation of part of the Order: the Client will be informed by email. The Client’s Order will be partially validated only with respect to the available Products. Therefore, the Client’s bank account will only be debited for the amounts corresponding to the ordered Products that are available. The Client will thus be delivered the said available Products.

In the event that the unavailability of all or part of the Products of the Order occurs after payment has been made by the Client, RankyShop will offer the Client a refund or a credit note, at the Client’s choice.

8 – PRICES OF THE PRODUCTS

The selling prices of the Products displayed on the Website are indicated in euros. These are the rates applicable for distance sales.

The prices are those in effect at the time of placing the Order by the Client.

RankyShop may, at any time, modify the selling prices of the Products. However, price changes will not apply to Orders placed by the Client prior to said modification.

These selling prices do not include shipping costs or delivery fees for the ordered Products; these fees are generally (subject to the delivery method selected by the Client, see Article 11.2, and/or the amount of the Order) invoiced to the Client in addition to the selling price.

These shipping and delivery fees are indicated to the Client before they validate their Order to proceed with payment.

Furthermore, regarding the indication of VAT related to the selling price, the following should be distinguished:

  • for the part of the Website accessible to “Consumer” Clients, the selling prices are indicated in euros including all taxes (TTC);
  • for the part of the Website accessible to “Professional” Clients and “Non-Professional” Clients, the selling prices are indicated in euros excluding taxes (HT);

The Products are sold applying the value-added tax (VAT) in force on the day of Order validation/Contract formation (see Article 9.3). Any change in the VAT rate will be automatically applied/repercussed on the selling price of the Products.

9 – PLACING AN ORDER – ACCEPTANCE OF GTCS AND FORMATION OF THE CONTRACT

9.1 – Placing an Order by a Client – the different steps

To place an Order on the Website, the Client must follow all the steps and perform the related actions.

Firstly, the Client must select the Product(s) they wish to order and add it/them to their cart.

The content of the cart can be viewed and modified, if necessary, at any time.

If the Client has previously placed an Order, they are prompted to log in by entering their email address and password to access their customer account and, if applicable, benefit from their loyalty advantages.

When the Client places an Order for the first time on the Website, they can create their customer account by entering the required information and personal data. This account will allow them to quickly identify themselves for future Orders. If the Client does not wish to create an account, they can place their Order as a “guest.”

The Client must then select the delivery method (see Article 11.3 below) they prefer, as well as the payment method (see Article 10.2 below) for their Order.

Before validating the Order and proceeding to payment, the Client has the opportunity to review the contents and correct any errors or omissions.

9.2 – Specificities regarding the account creation for “Professional” Clients and “Non-Professional” Clients

For “Professional” Clients and “Non-Professional” Clients, prior to placing any Order on the Website, they must provide the required information to the Customer Service so that their customer account can be created by RankyShop.

To this end, the Client must follow the instructions provided by the Customer Service and, in particular, provide the documents and information listed below:

  • a K-bis extract dated less than three (3) months for companies, or, for sole proprietorships, associations, or others, any recent official document including, in particular, the SIREN number;
     
  • the intra-community VAT number.

This customer account creation step is mandatory to allow “Professional” and “Non-Professional” Customers to place an Order. Otherwise, it will not be possible for said Customers to place an Order.

 

9.3 – Order Validation and Acceptance of the GTC – Formation of the Contract

To validate their Order and proceed with payment, the Customer is invited to review these GTC and is required, beforehand, to accept them by checking the box provided for this purpose.

Any Order placed by a Customer on the Website constitutes full acceptance of these GTC, the General Terms of Use of the Website, and the Privacy/Personal Data Protection Policy (Protection of personal data (laboutiqueducoiffeur.com)), without prejudice to any special conditions that may be agreed upon between the Parties (for Customers who are not “Consumers”).

Moreover, and notwithstanding the above, the GTC and the other aforementioned documents are available for consultation at any time on the Website in a dedicated section: Terms and Conditions of Sale – Rankyshop

The Contract (distance sales contract) is formed from the moment the Customer confirms their Order by clicking on the “Validate” button and proceeds with the payment. By clicking on the aforementioned button, the Customer is deemed to have accepted without reservation the content of their Order and is obligated to pay the price.

From the validation of the previous step, the sale will be final and binding. The Customer will not be able to modify or cancel the said Order, subject to the possible exercise of the legal right of withdrawal (cf. article 15 below), which only “Consumer” Customers are entitled to.

If the Customer wishes to modify the content of their Order, they must contact Customer Service as soon as possible and in any case before the Order is shipped. Customer Service will assess the feasibility of the requested modification and will be the sole decision-maker.

9.4 – Confirmation of the Order by RankyShop

From the formation of the Contract under the conditions stated in article 9.3 above, RankyShop will confirm the Order (the “Order Confirmation”) to the Customer by any appropriate means, usually by sending an email to the address provided by the Customer when placing the said Order.

Unless otherwise expressly agreed in writing by RankyShop, the Order Confirmation will only occur upon the effective receipt of payment for the said Order made by the Customer.

The Customer will receive an email when their Order is shipped or made available in the Store indicated in the Order Confirmation, an email that will be sent by RankyShop and/or the Logistics Provider (cf. definition in article 3) responsible for the delivery.

9.5 – Customer Consent by Digital Means

The Customer acknowledges and agrees that their consent to validate their Order and accept these GTC is validly given by digital means, notably through checkboxes or “clicks” of validation. This acceptance will be deemed to have the same value as a handwritten signature by the Customer, who expressly acknowledges its validity as proof of their contractual commitment under article 1103 of the Civil Code.

9.6 – Ability to Suspend or Cancel the Order by RankyShop

RankyShop reserves the right to suspend the execution of an Order or to cancel it in case of non-payment (total or partial) of any amount due by the Customer, in case of a payment incident, in case of a suspicious Order, or fraud or attempted fraud related to the use of the Website, including during previous Orders.

This ability to suspend the execution of the Order and/or cancel the Order is without prejudice to any other action that RankyShop would be entitled to take against the Customer and any potential accomplices.

10 – PAYMENT OF THE ORDER

10.1 – Generalities – Obligation to Pay for the Order

Any Order implies the obligation for the Customer to pay the price.

The Customer pays the price of their Order on the Website or, if applicable (in case of difficulty encountered by the Customer in paying via the Website’s payment interface), by phone with Customer Service.

To proceed with the payment, the Customer uses one of the payment methods listed below. Payment for Orders is made exclusively in euros (€).

Any bank charges related to the payment of the Order are the sole responsibility of the Customer, including in the case of a refund.

10.2 – Payment Methods

Bank Cards

If the Customer wishes to pay for their Order by bank card, they must use one of the following bank cards:

  • Visa
  • Mastercard
  • Carte Bleue

If the Customer encounters difficulty in paying for their Order using the bank card payment interface of the Website, RankyShop‘s Customer Service can proceed by phone with the payment by bank card using the same interface as the Website. Following this operation, no information/data related to the Customer’s bank card will be retained by RankyShop.

PayPal

The Customer can also pay for their Order via their PayPal account.

The Customer can pay for their Order in one installment or several installments according to the terms proposed by PayPal.

In any case, the various payment options and terms, as well as the conditions related thereto, are determined solely by PayPal. In other words, the options, terms, and conditions are subject to change at any time by PayPal.

Payment in three (3) installments without fees with ALMA

ALMA is a third-party company offering a multi-installment payment solution.

For Orders exceeding one hundred fifty (150) euros and up to two thousand (2,000) euros, the Customer can select a payment in three (3) installments without fees with ALMA.

The payment of the Order using the three (3) installments service is subject to ALMA’s acceptance.

The terms and conditions of eligibility for this three (3) installments payment service are subject to change at any time by ALMA.

Payments are automated and managed directly by ALMA. After placing the Order, the Customer will receive an email from ALMA containing the summary and the payment schedule.

Promotional Code

Only promotional codes created by RankyShop are accepted.

When the Customer has a promotional code and wishes to use it, they must add it at the time of the Order summary/basket. Only one promotional code can be used per Order.

The promotional code must be used before the payment of the Order. No subsequent use will be accepted.

If the promotional code was created for a specifically identified beneficiary, the said code cannot be used for the benefit of another person.

10.3 – Security of Payment Transactions

To ensure the security of the Order payment by bank card, the Customer must provide RankyShop with the visual cryptogram (CVV) of the bank card used to pay for the Order.

Furthermore, in the context of combating internet fraud, information related to the Order may be transmitted to any third party authorized by law or designated by RankyShop for the sole purpose of verifying the Customer’s identity, the validity of the Order, and/or the payment method used.

Following the said verification, RankyShop reserves the right to request a photocopy of the Customer’s ID and/or any information related to the Customer’s identity.

Moreover, to enhance the security of payments made by bank card on the Website, RankyShop uses the 3D Secure system, which authenticates the cardholder with their bank to reduce the risk of fraud.

3D Secure is a system developed by Visa and MasterCard to authenticate bank cardholders.

To validate their payment on the Website, the cardholder must authenticate with their bank by providing a code or personal information. To proceed with the payment, the Customer must enter the 3D Secure code.

The 3D Secure code is a code assigned directly by the bank to the bank cardholder or, as the case may be, generated after a request/registration made by the bank cardholder with the 3D Secure service.

In case of payment of the Order made by phone (cf. article 10.2), this code may be requested from the Customer by RankyShop‘s Customer Service to ensure optimal banking security.

The terms of use of the 3D Secure system are subject to change at any time.

10.4 – Late or Non-Payment

In case of late or non-payment (total or partial) of the Order, including following a bank payment rejection, RankyShop reserves the right to suspend the execution of an Order/delivery of an Order, or to cancel/rescind it. If the Products have already been delivered, RankyShop may also take any action to claim the Products (cf. article 14.2).

For “Professional” Customers only: furthermore, notwithstanding the above, in case of non-payment of the invoice by the due date, the amounts due by the Customer will be automatically and without the need for a formal notice, increased by a penalty equal to three (3) times the legal interest rate and the fixed recovery indemnity of €40 in accordance with articles L 441-10 and D 441-5 of the Commercial Code.

In case of persistent late payment, RankyShop will also have the option to recover the amounts due by the Customer through legal means. All costs incurred for this purpose (bailiff fees, expertise fees, attorney fees, etc.) will be reimbursed by the Customer to RankyShop upon presentation of the relevant invoices.

10.5 – No Compensation

Unless otherwise agreed in advance, expressly, and in writing by RankyShop, no compensation can be made by the Customer between the amounts due to RankyShop under an Order and any amounts that RankyShop might owe to the Customer.

10.6 – Potential Error Related to the Sale Price and/or Discount

Despite regular checks carried out on the Website and the care taken with these checks, a Product listed on the Website may contain a pricing or discount error.

RankyShop verifies the price and/or discount upon receipt of the Order placed by the Client, meaning before the Order Confirmation (cf. Article 9.4).

If an error is found by RankyShop, if the corrected price (the “correct” price) is lower than the price displayed on the Website that was applied when placing the Order, the Order will be executed considering the lower price.

Conversely, if the corrected price (the “correct” price) is higher than the one offered on the Website, the Client will be informed as soon as possible. In this case, RankyShop will cancel the Order and refund the Client the paid price, unless the Client has indicated their acceptance of the Order at the corrected price.

11 – DELIVERY OF THE ORDER – DELIVERY TERMS – ORDER COLLECTION CONDITIONS AND RELATED CONSEQUENCES

11.1 – General Information – Delivery Countries/Territories

As a preliminary note, it is specified that the recipient (the “Recipient”) of the Order is the person expressly mentioned by the Client when placing their Order on the Website. Thus, the Recipient and the Client may or may not be the same person.

The Products ordered by the Client will be delivered to the delivery address indicated by the Client when placing their Order and which is mentioned in the Order Confirmation.

Delivery of the Order placed on the Website is only possible for the countries and territories mentioned below:

  • Metropolitan France (including Corsica), Monaco, Andorra
  • Guadeloupe, Martinique, and Reunion
  • Belgium
  • Germany

The delivery of the Order will take place after the payment amount of the Order has been validated and effectively received byRankyShop, unless expressly, previously, and in writing agreed otherwise (for “Professional” and “Non-Professional” Clients).

11.2 – Possible Delivery Methods

When placing an Order (before proceeding to payment), the Client must select one of the following delivery methods:

  • Delivery or collection (“Click and Collect”) in a Store located in Metropolitan France
  • Home delivery (to the address indicated by the Client when validating their Order) carried out by Logistics Providers: delivery by CHRONOPOST or delivery by COLISSIMO.
  • Delivery to a pickup point (in the pickup point selected by the Client before validating their Order) carried out by Logistics Providers: COLISSIMO (pickup points and Pickup), MONDIAL RELAY, or CHRONOPOST.

In some cases, especially for bulky Orders (particularly when the package exceeds 20kg), delivery may be made to the home by a dedicated carrier.

When the Client selects delivery to a pickup point, they choose the said pickup point where the Client or the Recipient will collect their Order.

It is also specified that the delivery methods mentioned above may not be offered for all Products and/or depending on the country of delivery of the Order. It is thus possible that certain delivery methods may not be offered to the Client when placing their Order.

11.3 – Brief Description of Different Delivery Methods

The possible delivery methods include:

  • Delivery to RankyShop Store
  • Delivery to Store
  • Store Pickup (Click and Collect)

Home delivery

COLISSIMO CHRONOPOST

Delivery to pickup point

COLISSIMO MONDIAL RELAY

The list and operating procedures of delivery methods, as well as the various Logistics Providers, may evolve at any time.

11.4 – Delivery Times – Delivery Delay

For “Consumer” Clients:

Delivery Times

The delivery time is expressly mentioned on the Order validation page when the Client selects the delivery method for their Order.

This delivery time or estimated delivery date will then be mentioned in the Order Confirmation sent by RankyShop.

Delivery times are indicated in working days, i.e., excluding weekends and legal holidays in France.

They start from the day the Order Confirmation is sent to the Client.

Delivery times vary depending on the delivery method selected by the Client.

Delivery Delay

RankyShop makes its best efforts to deliver the Order in accordance with the delivery time indicated at the formation of the Contract (see article 9.3).

In case of delay, RankyShop will inform the Client as soon as possible.

In case of exceeding the delivery time, except in cases of Force Majeure (see article 19) and except where such exceeding is attributable to the Client, the Client may, in accordance with the procedure provided for in article L 216-6 of the Consumer Code:

  • Terminate the Contract if, after having put RankyShop (the Customer Service) on notice to make the delivery within a reasonable additional period, the latter has not complied within this period. The Contract is considered terminated upon receipt by RankyShop of the letter or email informing it of this resolution, unless RankyShop has performed in the meantime;
  • The Client may immediately terminate the sales contract when (i) RankyShop refuses to deliver the Order or when it is manifest that it will not deliver the Order; (ii) when RankyShop does not perform its obligation to deliver the Order on the date or upon expiration of the delivery time indicated to the Client and that time is an essential condition of the sales contract for the Client (this essential condition results from the circumstances surrounding the conclusion of the Contract or from an express request by the Client before the conclusion of the Contract).

In case of resolution of the Contract in the above-mentioned cases, the concerned Order will be fully refunded to the Client within a maximum period of fourteen (14) days following the date on which the Contract was resolved.

For “Non-Professional” and “Professional” Clients:

The delivery time mentioned at the validation of the Order or subsequently in the Order Confirmation is given for information purposes only.

The Seller undertakes to make its best efforts to ensure that the Products are delivered in accordance with the delivery time mentioned in the Order or indicated at the formation of the Contract.

In case of delivery delay exceeding sixty (60) days (time starting from the expiration of the indicative time mentioned in the Order or communicated to the Client at the formation of the Contract), the Client shall be entitled to cancel their Order. In such a case, the Seller will refund to the Client the sums that have been paid by the latter. However, this Client cancellation right shall not apply if the delivery delay results from a Force Majeure event (see article 19) or from a breach attributable to the Client, especially in case of late payment of the Order.

11.5 – Delivery by Logistics Provider: Delivery Tracking, Conditions, and Retrieval Time of the Order – Related Consequences

Home or pickup point delivery is carried out by a Logistics Provider (COLISSIMO, MONDIAL RELAY, or CHRONOPOST, etc.).

When the Client has selected home or pickup point delivery, the Client or, as the case may be, the Recipient, will receive information from the Logistics Provider(s) regarding the shipment of their Order and the tracking of its delivery.

The Client will notably receive by email and/or phone the information regarding the delivery of their Order (of their package), including the scheduled Delivery date and the required modalities so that the Client/the Recipient can take possession of their package (for example: delivery against signature of the Client or the Recipient and presentation of their identity document and/or code to be communicated to the Logistics Provider, etc.). These modalities will be communicated to the Client by the Logistics Provider.

The Client expressly acknowledges and accepts the aforementioned modalities required by the Logistics Provider to take possession of the Order. In case of non-compliance, the Order cannot be retrieved and no valid claim can be made.

The Client is thus invited to regularly check their email in order to be informed of the aforementioned modalities and to track the progress of their Order/package until delivery.

11.6 – Retrieval Time of the Order – Expiry of the Deadline and Related Consequences

Retrieval Time of the Order

For each delivery method, the Client has a limited time (generally seven (7) days in the case of delivery by a Logistics Provider) to take possession/retrieve their Order (the package).

Thus, following the Order Confirmation, the Client will receive, notably by email, the maximum time limit (number of days) available to retrieve their Order from the Logistics Provider or, as the case may be, from the Store mentioned in the Order Confirmation.

The Client is thus invited to regularly check their email in order to be informed of the aforementioned time limit.

In the case of delivery or pickup (click and collect) of the Order at the Store, the maximum time limit available to the Client/Recipient to retrieve their Order is defined by RankyShop. This time limit is 7 days.

In all other cases, it is the Logistics Providers alone who determine the maximum time limit (number of days) available to the Client/Recipient to retrieve their Order. The time limit varies depending on the delivery method and the Logistics Provider responsible for delivering the Order.

It is specified that this maximum time limit is subject to change and may be modified at any time for subsequent Orders.

It is the responsibility of the Client or, as the case may be, the Recipient, to take the necessary steps to retrieve their Order within the specified time limit in accordance with the instructions and modalities provided by the Logistics Provider or, as the case may be, by RankyShop.

Expiry of the Deadline and Related Consequences

In the event that the Client fails to retrieve their Order/package within the specified time limit, their package will be returned to RankyShop’s warehouses, resulting in return fees charged by the Logistics Provider to RankyShop.

In this case, the return fees for said Order paid by RankyShop to the Logistics Provider will be borne by the Client. These aforementioned return fees will then be deducted from the amount of the Order paid by the Client, and the Client will be refunded within a maximum period of thirty (30) days using the same payment method unless the Client expressly agrees to another refund method (such as a credit note).

12 – PROOF OF DELIVERY

The proof of delivery of the Order differs notably depending on the delivery method of the Order and may be collected, as appropriate, by RankyShop (in the case of delivery or pickup at the Store) or by a Logistics Provider in other cases.

In the case of delivery or pickup (click and collect) at the Store, the Order (the package) is handed over to the Client/Recipient or the person designated by the Client or the Recipient, upon presentation of the retrieval code or the identification document of said person and signing of a delivery receipt for the Order. Said signature thus constitutes proof of delivery of the Order.

In the case of home delivery, as appropriate, the Order (the package) is delivered to the Client’s/Recipient’s mailbox (COLISSIMO delivery) or against digital signature of the Client/Recipient or the person designated by the Client or the Recipient, on the Logistics Provider’s terminal (especially CHRONOPOST). The information entered by the Logistics Provider into its computer system (scanning) and, when the package is delivered against signature, the electronic acknowledgment of receipt signed upon receipt of the package, constitute proof of delivery.

In the case of delivery to a pickup point, the Order (the package) is handed over to the Client/Recipient or the person designated by the Client or the Recipient, upon presentation of the identification document of said person and their signature or provision of a confidential code sent to them by email and/or SMS by the Logistics Provider. The information entered by the Logistics Provider into its computer system (scanning) and, if applicable, the signature, constitute proof of delivery.

The Client accepts the validity, as proof, of digital signature systems as well as the validity of the computer system (especially scanning) of the Logistics Provider, or, as appropriate, of RankyShop. The information entered into their information system shall prevail.

13 – DELIVERY OF THE ORDER: RECEIPT OF THE ORDER, NOTIFICATION OF ANY RESERVATIONS, DEADLINES, AND PROCEDURES TO BE FOLLOWED

13.1 – Anomaly, Damage, Damaged Package – Notification Timeframe and Methods

During the delivery or retrieval of their Order, the Client, the Recipient of the Order, or a person designated by the Client or the Recipient to receive or retrieve the Order, must first check the apparent condition of the package.

If there is an anomaly with the package (damaged package, parcel in poor condition, open package, traces of liquid, etc.) delivered or handed over by or in the presence of the Logistics Service Provider’s personnel (delivery person or relay point staff), the Client, the Recipient, or the designated person must refuse the package so that it can be subject to inspection.

When the package is undamaged and shows no apparent anomalies, the aforementioned person must verify the contents of the package, the condition of the Products, and the conformity of the package’s contents with the Order. If the package is delivered or handed over in the presence of the Logistics Service Provider’s personnel (delivery person or relay point staff), they must expressly mention any reservations on the delivery note or receipt that the Client, the Recipient, or the designated person must sign.

Additionally, regardless of the above, the Client must notify Customer Service within a maximum of forty-eight (48) hours from the delivery of the Order of any anomaly, damage, damaged package, damaged Product(s), etc.

This notification must be in writing via mail or email (see addresses indicated in article 20.2 below). The Client must include photographs of adequate quality to allow RankyShop to verify the stated reservations, damages, and/or any other anomalies claimed by the Client.

In case of a claim related to a missing or damaged Product, Customer Service may request any information regarding the identity of the Client or the recipient of the Order and carry out any necessary verification, without prejudice to any steps taken to ensure the legitimacy and validity of the said claim.

Failure to notify RankyShop’s Customer Service of any reservation, anomaly, or apparent defect within the aforementioned 48-hour period and in accordance with the stated methods, will exclude any recourse by the Client, both against the Logistics Service Provider and the Seller, and will thus be inadmissible. The Client will not be entitled to any refund or exchange of Products.

13.2 – Possible Return of Product(s) – Procedure to Follow

Furthermore, notwithstanding what is stipulated in article 13.1, the Client must contact Customer Service to learn the return procedures for damaged Product(s) or those presenting an anomaly.

No return of a Product is possible without prior validation from Customer Service under the conditions specified in article 13.1.

The procedure for the return of damaged Products or those presenting an anomaly will be indicated by Customer Service, and the said procedure must be followed by the Client. Otherwise, the Client will not be entitled to any refund or exchange of the said Products.

14 – Transfer of Risks – Retention of Title 14.1 – Transfer of Risks

For “Consumer” Clients and “Non-Professional” Clients:

In accordance with Article L 216-2 of the Consumer Code, risks, including loss or damage related to the Products, will be transferred to the Client as soon as the latter or a third party designated by them physically takes possession of the said Products in accordance with the delivery terms mentioned in the validated Order under the conditions stipulated in Article 9.2.

For “Professional” Clients:

The transfer of any risks of loss or damage, related to the sold Products, occurs on the date of the formation of the Contract (see Article 9.3) independently of the transfer of ownership (see Article 10.1), regardless of the date of payment and delivery of the said Products.

14.2 – Retention of Title Clause

By way of derogation from the provisions of Article 1583 of the Civil Code, the transfer of ownership of the Products to the Client is subject to the full payment by the latter of the price of the Order relating to the said Products, notwithstanding the date of transfer of risks (see Article 14.1) and delivery of the Products.

RankyShop thus expressly reserves the ownership of the sold Product(s) until full payment by the Client of the price of the Order relating thereto, with the understanding that only the effective receipt of the price by the Seller, as well as its collection, will constitute payment.

15 – LEGAL RIGHT OF WITHDRAWAL (only for “Consumer” Clients) 15.1 – Right exclusively for Clients

15.1 – Legal Right of Withdrawal (Exclusively for “Consumer” Clients)

The legal right of withdrawal is provided for by Articles L 221-18 and following of the Consumer Code. It is only applicable to “Consumer” Clients. “Non-Professional” Clients and “Professional” Clients do not have a right of withdrawal.

15.2 – Scope of Application of this Legal Right and Conditions

In accordance with Article L. 221-18 of the Consumer Code, the Client has a maximum period of fourteen (14) days from the delivery or receipt of the package containing the ordered Product(s) to exercise their legal right of withdrawal, without having to provide any justification for their decision.

These provisions regarding the legal right of withdrawal apply without prejudice to the guarantees provided in Article 16 of these GTC, which remain fully applicable.

The fourteen (14) day period begins on the day following the delivery or receipt of the package. If this fourteen (14) day period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day (which corresponds to all days of the week except Sunday and public holidays typically not worked).

In accordance with Article L.221-28 of the Consumer Code, it is specified that the right of withdrawal cannot be exercised in the following cases:

  • Order for a Product(s) that has/have been unsealed and/or used after delivery and cannot be returned for reasons of hygiene or health protection;
  • Order for a Product(s) made to the Consumer’s specifications or clearly personalized.

15.3 – Effects of Withdrawal

The Client exercising their right of withdrawal in accordance with the provisions set out in Articles 15.1 and 15.2 above will receive a refund for the Product(s) for which they have exercised their right of withdrawal, as well as the delivery costs of the said Product(s) at the standard cost (see following sentence) in accordance with Article L 221-24 of the Consumer Code. Costs related to a delivery other than the standard delivery offered by RankyShop on the Website will not be refunded.

The refund will be made using the payment method used to pay for the Order, unless the Client expressly agrees to a refund in another form (such as a credit note) or via another payment method.

The return costs for the Product(s) for which the Client has withdrawn are solely the responsibility of the Client.

Furthermore, when the withdrawal concerns one or more Products that allowed the Client to benefit from a discount on the Order price, RankyShop may deduct the amount of said discount from the refund (or credit note).

15.4 – Procedure for Exercising the Right of Withdrawal

The Client, or where applicable, the recipient of the Order, must inform RankyShop of their intention to withdraw under the conditions set out below, noting that withdrawal can only be exercised once the Client has taken delivery of the Order.

To this end, within a maximum period of fourteen (14) days following the delivery of the Order (see Article 15.2), the Client must expressly and unambiguously notify Customer Service in writing (by mail or email to the address provided in Article 20.2) of their intention to exercise their legal right of withdrawal.

To this end, the Client may use the withdrawal form template provided in Appendix 2 of these GTC and send it by email or postal mail (see addresses in Article 20.2).

15.5 – Procedure and Conditions for Returning Products Following Withdrawal – Return Costs and Risks

After notifying their withdrawal in writing in accordance with the provisions set out in Article 15.4, the Client may return the said Product(s) following the instructions provided by Customer Service.

Furthermore, the Products must be returned exclusively to RankyShop (no returns to a relay point or other location) in a condition suitable for resale (namely: Products in perfect condition accompanied by their original packaging, accessories, instructions, etc.) within fourteen (14) days from the date on which the Client notified Customer Service of RankyShop of their exercise of their legal right of withdrawal in accordance with the provisions set out in Article 15.4.

Returns of Products returned beyond the aforementioned fourteen (14) day period will not be accepted and will not be refunded. Additionally, the Products must be accompanied by the Order number, either on the return slip, transmitted with the delivered Products and signed by the Client or the recipient of the Order, or on any other document.

The Client may be held liable for any depreciation of the Product(s) resulting from handling other than that necessary to establish the nature, characteristics, and, if applicable, the proper functioning of the Products.

Furthermore, notwithstanding the above, if the Client or the recipient of the Order fails to demonstrate that they have actually deposited the Product with a carrier or with the Seller at the latter’s premises, any risk related to the return of a Product is the responsibility of the Client or the recipient of the Order.

As a reminder (see Article 15.3 above), the return costs for the Product(s) are solely the responsibility of the Client.

16 – LEGAL WARRANTIES

16.1 – Common Law Legal Warranties

The Products sold benefit from common law legal warranties, notably including the warranty against hidden defects provided for in Articles 1641 and following of the Civil Code.

16.2 – Legal Warranty of Conformity

The legal warranty of conformity provided for by Articles L 217-3 and following of the Consumer Code is exclusively applicable to “Consumer” Clients and “Non-Professional” Clients. “Professional” Clients cannot invoke it.

The articles of the Consumer Code relating to the warranty of conformity are reproduced in Appendix 1.

In addition to the warranty against hidden defects (see Article 16.1 above), the Client, whether a “Consumer” or “Non-Professional,” benefits from the legal warranty of conformity provided for in the Consumer Code, the legal framework of which is set out in the box below (in Article 16.3) and in Appendix 1, in accordance with the current legal and regulatory provisions.

16.3 – Implementation of the Legal Warranty of Conformity (only for “Consumer” or “Non-Professional” Clients)

When acting under the legal warranty of conformity, the Client:

  • has a period of two years from the delivery of the goods to take action;
  • may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
  • is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four (24) months from March 18, 2016, except for second-hand goods.

The legal warranty of conformity applies regardless of any commercial warranty granted.

The Client may decide to implement the warranty against hidden defects in the sold item within the meaning of Article 1641 of the Civil Code. In this case, they may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.

For any inquiries regarding legal warranties, the Client must contact Customer Service, the contact details of which are provided in Article 20.2.

These provisions regarding legal warranties are not exclusive of the right of withdrawal enjoyed by the “Consumer” Client (see Article 15).

The legal texts relating to the aforementioned legal warranties are reproduced in Appendix 1.

16.4 – Exclusion Cases of Warranty

Subject to any contrary mandatory legal or regulatory provisions, any warranty is excluded for apparent defects and for Products damaged during transportation.

Furthermore, subject to any contrary mandatory legal or regulatory provisions, Products modified, repaired, integrated, and/or added by the Client and/or by any third party are excluded from the warranty. Additionally, Products subject to improper use, namely, use not in accordance with the instructions and recommendations set out in the User Manual and/or in the Product Sheet, are excluded from the warranty.

17 – PRODUCT USE AND MAINTENANCE CONDITIONS

The Client / user of the ordered Product(s) is required to:

  • carefully read the Product Sheet and the User Manual of the Product(s) before any use;
  • use the Product(s) in accordance with the recommendations and instructions set out in the Product Sheet and in the User Manual;
  • maintain the Products in accordance with the indications set out in the Product Sheet and in the User Manual;
  • ensure, before any use, that the Product does not pose any danger / risk to the user or any person likely to come into contact with said Product, especially concerning children and, more generally, any person requiring supervision.

18 – LIABILITY OF RankyShop (THE SELLER)

Subject to any mandatory legal or regulatory provisions to the contrary, RankyShop’s liability is expressly limited to direct damages suffered by the Client. Furthermore, subject to any mandatory legal or regulatory provisions to the contrary, any advice and recommendations provided to the Client are communicated professionally and in good faith, but without any guarantee of result or performance.

If RankyShop’s liability is engaged towards the Client, the damages awarded to the Client will be expressly limited to the price of the Order from which the cause of the Vendor’s liability arises, subject, however, to any mandatory public order provisions that may be applicable.

In any case, subject to any mandatory public order provisions to the contrary, RankyShop’s liability will be at least partially exonerated in the event of non-compliance by the Client (or by any third party) with the conditions of use of the Products, notably with regard to the User Manual and/or the Product Sheet, and/or in any of the cases of warranty exclusion set out in Article 16.4.

Furthermore, RankyShop is not required to verify the capacity of visitors and Clients on its Website. In the event that a Client without legal capacity places an order for one or more Products on the Website, their legal guardians will assume full responsibility for the Order and will be required to pay the price of said Order.

19 – FORCE MAJEURE

For the purposes of these T&Cs, “Force Majeure” means: any event of force majeure as defined in Article 1218 of the Civil Code and related case law, as well as any irresistible and external event to the Vendor that was not reasonably foreseeable at the time the Contract was formed.

RankyShop’s liability will be exonerated in the event of Force Majeure. The burden of proof of Force Majeure rests with RankyShop.

20 – EVIDENCE AGREEMENT

Electronic documents exchanged electronically between RankyShop and the Client (documents, notifications, emails, invoices, copies of the T&Cs, etc.) are considered to be written documents with the same value as originals under Article 1366 of the Civil Code, provided they meet the identification and integrity conditions required by that article. The Client is therefore invited to retain them.

Unless proven otherwise, the data recorded (notably identification elements and connection data) in the context of these T&Cs, especially in the context of placing an Order, may be admissible in court and constitute evidence.

It is understood that the above clauses of this Article 20 do not have the effect or purpose of limiting the Client’s ability to provide counter-evidence or any other means of proof at their disposal.

21 – APPLICABLE LAW – DISPUTE RESOLUTION: CUSTOMER SERVICE, MEDIATION, JURISDICTION CLAUSE

21.1 – Applicable Law

The Contract formed in accordance with the provisions of Article 9.3 of these GTCS is governed by and subject exclusively to French law, regardless of the Customer’s nationality or the place of delivery of the Order, subject to any applicable provisions of public policy of private international law applicable to “Consumer” Customers.

21.2 – Prior Complaint to Customer Service

In the event of any complaint from the Customer, the latter is required, before resorting to a mediator, a court, or any third party, to contact RankyShop’s Customer Service by telephone or email (see below), or alternatively, by postal mail sent to the registered office of RankyShop.

The contact details for Customer Service are as follows:

Phone: 03 83 48 89 54 (Customer Service is available by phone from Monday to Friday from 9:00 am to 5:30 pm).

Email: serviceclient@laboutiqueducoiffeur.com

Postal address:

RankyShop

Customer Service

60 rue Salvador Allende

54510 TOMBLAINE

21.3 – Mediation for “Consumer” Customers

After submitting a written complaint to Customer Service by email or postal mail, if the Customer “Consumer” is not satisfied with the response provided or in the absence of a response, the Customer “Consumer” may, in accordance with Articles L 612-1 and following, L 616-1 and R 616-1 of the Consumer Code, submit the dispute to the consumer mediator to which RankyShop belongs, namely: The Association of European Mediators (AME CONSO).

The referral to the aforementioned mediator must be made:

either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain – 75007 PARIS.

The solution proposed by the mediator is not binding on the Parties, who remain free to withdraw from the mediation process at any time.

The Customer can also submit the dispute on the Online Dispute Resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Any dispute that is not resolved amicably will be brought before the competent French court in accordance with ordinary law.

21.4 – Jurisdiction Clause (only for “Professional” Customers and “Non-Professional” Customers)

In the event of a dispute, the Parties will, to the extent possible, prioritize an amicable settlement.

In the absence of an amicable settlement within a period of one (1) month, the materially competent court of Nancy (France) shall have exclusive jurisdiction to settle any dispute relating to the validity, interpretation, performance, and/or termination of the Contract, including to rule in summary proceedings or in conservatory proceedings, notwithstanding any claims for ancillary warranty or in the event of multiple defendants.

22 – INTELLECTUAL PROPERTY RIGHTS

Placing Order(s) on the Website and, more generally, concluding the Contract under the conditions set out in Article 9.3, does not entail any transfer or assignment of any intellectual property rights and industrial property rights relating to RankyShop, the Website, or the Products.

RankyShop (the Seller) is and will remain the exclusive owner of the intellectual property rights relating to the Website and its content. Furthermore, the Seller owns the verbal trademarks “RankyShop”, “Kérasoin”, “Trendy Barber”, “Soteix”, as well as the associated logos and other related distinctive signs.

The Customer expressly undertakes not to infringe, in any way whatsoever, the intellectual property rights and industrial property rights of the Seller.

23 – MODIFICATIONS TO THE GTCS

RankyShop may modify the content of these GTCS at any time. However, the GTCS applicable to the Order are those in effect on the date when the Customer validates the Order via the Website by proceeding to payment.

The Customer is therefore invited to regularly consult and reread the GTCS.

24 – CUSTOMER REVIEWS

The Website offers Customers the opportunity to leave a review about their shopping experience and, once the Order is delivered, about the Products, via Avis Vérifiés (Verified Reviews).

The management of customer reviews by Avis Vérifiés of Laboutiqueducoiffeur.com is certified compliant with the NFZ74-501 standard “online reviews” and the NF522 certification reference framework by the NF Service organization since March 28, 2014. RankyShop reserves the right, through Avis Vérifiés, to request the removal of any review containing remarks or content deemed inappropriate.

25 – FINAL PROVISIONS
25.1 – Severability

If any provision/clause of these General Terms and Conditions is deemed unwritten, void, illegal, or unenforceable by a court, the validity of the remaining provisions will not be affected; they shall remain in full force and effect. In such a situation, subject to any applicable legal or public policy provisions, the said provision/ clause shall be replaced by another provision/ clause that best reflects the original intention of the Parties expressed in these General Terms and Conditions.

25.2 – Interpretation

The use of the term “including” means that the enumeration following it is not exhaustive and therefore does not have a limiting character.

25.3 – Survival of Certain Clauses

It is expressly understood between the Parties that the termination of the Contract, for any reason whatsoever (including in the event of resolution or termination), shall not affect the clauses of Articles 12, 14, 16, 18, 19, 20, 21, 22, 25 of these General Terms and Conditions (GTCS). Said clauses shall remain in full force and effect.

25.4 – Prohibition of Reproduction of these GTCS

These GTCS have been custom drafted for the Seller (the company HAPPY CURL) to contractually govern the sale of Products to Customers via the Website. Any reproduction and/or use by a third party, including partially and/or by way of modification and/or adaptation, is prohibited.

Appendix 1: Articles of the Consumer Code (related to the legal guarantee of conformity and hidden defects)

Article L. 217-3 of the Consumer Code:

“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to deficiencies or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point of the consumer’s action is the day he becomes aware of the lack of conformity.”

Article L. 217-4 of the Consumer Code:

“The goods are in conformity with the contract if they meet, in particular, the following criteria:

1° They correspond to the description, type, quantity, and quality, in particular regarding functionality, compatibility, interoperability, or any other characteristics provided for in the contract;

2° They are suitable for any special use sought by the consumer, brought to the seller’s attention no later than at the time of conclusion of the contract and which the latter has accepted;

3° They are delivered with all accessories and installation instructions, to be provided in accordance with the contract;

4° They are updated in accordance with the contract.”

Article L.217-5 of the Consumer Code:

“I. In addition to the conformity criteria to the contract, the goods are also compliant if they meet the following criteria:

1° They are suitable for the usual expected use of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law, as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° If applicable, they possess the qualities presented by the seller to the consumer in the form of a sample or model before the conclusion of the contract;

3° If applicable, the digital elements they contain are provided in the latest version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° If applicable, they are delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° If applicable, they are provided with updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;

6° They correspond 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, taking into account the nature of the goods and the public statements made by the seller, any person acting upstream in the transaction chain or any person acting on their behalf, including in advertising or labeling.

II. However, the seller is not bound by all public statements mentioned in the preceding paragraph if he can demonstrate:

1° That he did not know them and was legitimately unable to know them;

2° That at the time of conclusion of the contract, the public statements had been rectified under conditions similar to the initial statements; or

3° That the public statements could not have had any influence on the purchase decision.

III. The consumer cannot contest the conformity by invoking a defect concerning one or more specific characteristics of the goods, about 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 when concluding the contract.”

Article L. 217-7 of the Consumer Code:

“Defects of conformity which appear within a period of twenty-four months from delivery of the goods, including for goods containing digital elements, are presumed to exist at the time of delivery, unless proven otherwise, unless this presumption is incompatible with the nature of the goods or the alleged defect.

For second-hand goods, this period is set at twelve months.”

Article L. 217-8 of the Consumer Code:

“In the event of a lack of conformity, the consumer is entitled to the goods being brought into conformity by repair or replacement, or failing that, to a reduction in price or the termination of the contract, under the conditions set out in this subsection.

The consumer also has the right to suspend payment of all or part of the price or the provision of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code.

The provisions of this chapter are without prejudice to the award of damages.”

Article L. 217-9 of the Consumer Code:

“The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in Subsection 1 of this section.

The consumer requests from the seller that the goods be brought into conformity, by choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.”

Article 1641 of the Civil Code:

“The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would have given a lesser price for it if he had known of them.”

Article 1648, paragraph 1, of the Civil Code:

“The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”

Annex 2: Standard Withdrawal Form (only for “Consumer” Customers, see Article 15)

To:

RankyShop

Returns Department

60 rue Salvador Allende

54510 TOMBLAINE

Email: serviceclient@laboutiqueducoiffeur.com

I hereby notify you of my withdrawal from the contract for the sale of the Product(s) below:

……………………………………………………………………………………

Order number and description of the Product(s) for which the withdrawal is made:

Ordered on:

Delivered on:

Consumer’s name and address:

Date and Signature