PREAMBLE
These general terms and conditions of sale are concluded between, on the one hand, the company SAS GOUIRAN, registered with the Montpellier Trade and Companies Register under number 343 967 733 and whose registered office is located at 71, Rue Ben Barka 34070 Montpellier, hereinafter referred to as "the seller", and, on the other hand, natural or legal persons wishing to make a purchase or benefit from a service, hereinafter referred to as: "the buyer". The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any conditions previously mentioned in the negotiation documents (quotes, orders, delivery notes, invoices). Should any condition be missing, it shall be deemed to be governed by the practices in force in the hairdressing and cosmetics sector whose companies have established their registered office in France.
ARTICLE 1 – PURPOSE
These general terms and conditions of sale aim to define the terms of in-store sales between the company SAS GOUIRAN and the buyer, from the quote to the invoice, including order placement, payment, and delivery.
ARTICLE 2 – ORDER PLACEMENT
The buyer can place their order in several ways: · By signing with an "Approved" on a quote or order confirmation issued by SAS GOUIRAN, dated and numbered; · By signing a personalized sales contract that specifies all practical details; · By a commitment from the buyer in any form whatsoever, including by requesting SAS GOUIRAN to commence the performance of services by mail, fax, email, or telephone. Any order implies acceptance of the prices and description of the products and services offered. Any order acceptance is valid for the entirety of the commercial proposal.
Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
SAS GOUIRAN undertakes to fulfill orders received only within the limits of available product stock and the availability of personnel required for the various services. In the absence of availability, SAS GOUIRAN undertakes to inform the buyer as soon as possible.
ARTICLE 3 – PAYMENT TERMS
· If the buyer does not have a nominated professional customer account authorizing deferred payment by charging their purchases, they must, when placing their order, pay a minimum 30% deposit of the total order by credit card, cash, or bank transfer. The balance of the order must be paid before the start of delivery.
This applies to any first order exceeding €250, even if the buyer has a nominated professional customer account. From the 2nd sale, the seller may authorize the buyer to pay as follows (only for users with a nominated professional customer account):
- By cheque, bank transfer, or direct debit 30 days net from the invoice date for commercial companies. (The buyer will have 7 days to dispute it from the dispatch date, the postmark being proof).
- For orders over €500, validation of payment terms by SAS GOUIRAN management may be required. SAS GOUIRAN therefore advises its customers to check their invoice or delivery note upon receipt. Non-payment of a bill on its due date will result in the immediate enforceability of all sums due plus unpaid fees. Should the buyer present a financial risk, SAS GOUIRAN may, without any explanation, cancel their order and/or modify their payment method. In all cases, repeated payment delays will oblige the seller to make deliveries against immediate payment by cheque or cash. Extensions of deadlines can only be granted in absolutely exceptional circumstances and will incur interest charges based on 4 times the legal interest rate for the current year, as well as reimbursement of any costs incurred by the seller. Furthermore, a fixed recovery fee of €40 will be due.
ARTICLE 4 – LATE PAYMENT PENALTIES
In accordance with the provisions of article L-441-6 of the Commercial Code, late payment penalties at an annual rate of 20% and a compensation of €40 will be due if payment is not made on the day following the payment deadline mentioned on the invoice.
ARTICLE 5 – PRICES
Prices are indicated in euros excluding taxes, to which the VAT applicable on the day of the order is added. Any change in the applicable rate may be reflected in the prices of the products. After this date, they are subject to change at any time. The prices of ordered items mentioned on quotes or orders are authoritative.
ARTICLE 6 – VALIDITY OF CREDIT NOTES
Customer credit notes are valid for 1 year for credit notes issued based on the individual price list and 2 years for credit notes issued based on a professional price list.
ARTICLE 7 – WARRANTIES
The warranties offered on the equipment sold are identical to those offered by the manufacturer. Warranties on electrical equipment and large furniture are 2 years for a purchase made by an individual and 1 year for a purchase made by a professional for professional use.
Excluded from the warranty are routine cleaning and maintenance of the equipment as defined in the user manuals as being the responsibility of the buyer, as well as the supply of products necessary for these operations. Regarding electrical equipment: The warranty does not cover parts of the appliances subject to wear and tear, such as, for example, grids, motor components, cutting heads, adaptable brushes, batteries, or rechargeable batteries (wear parts). The buyer will lose the benefit of legal and conventional warranties, particularly in the event of:
- abnormal or abusive use of the equipment;
- repairs or any interventions carried out by persons external to the seller or not approved by him or by the manufacturer, or if these interventions have not complied with the instructions;
- water damage or damage to the equipment resulting from, in particular, collision, falling materials, chemical aggression, fire, vandalism, or malicious acts;
- deterioration or accidents resulting from a handling error or a lack of supervision or maintenance;
- premature deterioration due to wear and tear or anomalies not reported to the seller in time;
- the buyer's refusal to allow the seller access to the equipment for maintenance, inspection, or repair operations;
The seller may suspend legal and conventional warranties in the event of late or non-payment, in full or in part, of the price of the equipment.
The seller's liability is limited to the repair or replacement of materials recognized as defective or having a manufacturing, labeling or packaging defect. The seller's services will have the possibility to investigate the alleged defects. All other express or implied warranties are excluded. No liability will be accepted for losses or damages, direct or indirect, whatever the cause.
ARTICLE 8 – RETENTION OF TITLE
In application of Law n°80.335 of 12/05/80, goods, materials and their accessories remain the property of the seller until full payment of the invoiced price. The buyer is prohibited from reselling or transforming the goods sold until the price has been paid in full. In the event of judicial settlement or liquidation of the buyer's assets, the seller reserves the right to prohibit any use of unpaid goods remaining in stock. This clause also applies to goods entrusted to the seller for maintenance, renovation or transformation operations, particularly within the framework of After-Sales Service operations. In the event that materials are withheld for non-payment of the after-sales service invoice, storage costs for the material may be charged in addition to late payment penalties. These costs are calculated on the basis of the cubic volume of the stored material, €45 excluding tax per cubic meter per month, the cubic volume retained being that to be provided for a possible transport of these materials in a van.
ARTICLE 9 – DELIVERY
By way of derogation from Article 1583 of the Civil Code, the delivery of equipment and goods entails the transfer of risks to the buyer, both for damages suffered and those caused to third parties. The return of the equipment will be at the buyer's expense and risk.
ARTICLE 10 – ENTIRETY OF THE GENERAL TERMS AND CONDITIONS OF SALE
Should any of the clauses of this contract be null and void due to a change in legislation, regulation, or a court decision, this shall in no way affect the validity and observance of these general terms and conditions of sale.
ARTICLE 11 – DURATION
These general terms and conditions of sale apply for the entire duration of the provision of services and products offered by the company SAS GOUIRAN.
ARTICLE 12 – PROOF
Computerized records, kept in the computer systems of SAS GOUIRAN and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.
ARTICLE 13 – CONSERVATION AND ARCHIVING OF TRANSACTIONS
Order forms and invoices are archived on a reliable and durable medium in order to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code and regulations.
ARTICLE 14 – PROTECTION OF PERSONAL DATA
In accordance with Regulation 2016/679 of April 27, 2016, concerning the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller implements personal data processing aimed at the sale and delivery of products and services defined in this contract. SAS GOUIRAN informs that the data controller is Mr. GOUIRAN Didier. The data is exclusively stored for exchanges related to the commercial transaction and is not subject to any processing without the buyer's prior consent. The buyer has the right to request from the data controller access to personal data, its rectification or erasure, or a restriction of processing relating to the data subject, or the right to object to processing and the right to data portability. The information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decision-making or profiling is implemented through the order process. For any information related to this paragraph, the buyer can contact GOUIRAN's customer service at 04 67 92 22 70 from Monday to Friday from 9:00 a.m. to 5:00 p.m.
ARTICLE 15 – APPLICABLE LAW AND TERRITORIAL JURISDICTION
These general terms and conditions of sale are governed by French law. In the event of a dispute, and failing an amicable agreement between the parties, jurisdiction is granted to the competent courts of Montpellier, notwithstanding multiple defendants and/or third-party claims, even for urgent procedures or protective measures in summary proceedings or by petition.
