WHO WE ARE
Our web address is http://hair-k.fr.
COMMENTS
The present terms and conditions govern the use by users of the Hair-k.fr website, a company registered in France under the registration number 801407453 and whose address is 66 avenue des Champs Elysée, Paris 75008. Please read them carefully as they affect your rights and responsibilities under the law. If you do not agree with these conditions, do not access our website. You must understand that by placing an order for any of our goods or services, you agree to be bound by these conditions. You should print a copy of these Terms for future reference. Please contact us if you have any questions about these Terms.
THE AGREEMENT
By using the website, you agree to be bound by these terms and conditions.
TERMS OF USE FOR SOCIAL MEDIA CONTENT
1. By allowing HAIR K PARIS to use particular content (by responding positively to a request from us or on our behalf on social media or by otherwise indicating your agreement to the use of your content), you agree to be bound by these Social Media Content Terms of Use (“Terms”).
2. In these Terms, “Content” means the photo and/or video, including any accompanying audio and text, posted through your social media account, accompanying metadata, such as the time and place of creation, your username and links to your social media profile.
3. You grant us the right to use and display the content, in any medium, worldwide, for any lawful commercial purpose, in original or edited form, including, without limitation: on our social media accounts, websites, blogs, digital displays, advertisements and generally in connection with the promotion of our products or services. These rights also extend to any other person acting on our behalf.
4. The rights you grant us to use your content are perpetual and irrevocable, and you may not revoke or withdraw your permission to use your content. However, this does not affect your or any other person’s rights in relation to personal data, as set out below.
5. The rights you grant to us are non-exclusive and (subject to our rights) you retain all rights to use the Content for your own purposes. We will not pay any royalties or compensation to you or any third party for the use of the Content. Use is at our discretion and we are not obliged to use your Content in any particular way or in any particular manner.
6. You agree that you have no right to view, consent to, or object to our use of your Content or advertising copy, nor any right to be identified as the author/creator of the Content.
7. By accepting these Terms, you represent and warrant to us that:
a) the Content is your original work, you own it and all intellectual property rights in it and you have all rights necessary to grant us the rights set out in these terms (including in relation to copyright, trade marks, private or public buildings, performances, sounds and music) or, if you are not the owner of such rights, you have already obtained the permission of the owner of such rights, and you will inform us if this is incorrect or if such permission is withdrawn at any time ;
(b) our use of your content hereunder will not infringe the intellectual property, privacy, publicity, publicity or publicity rights, or any other rights, of any third party, will not require the payment of any compensation to any third party, and will not violate any applicable law; and
c) nothing in your content will be illegal, defamatory, obscene or threatening to a third party
d) you are 18 years of age or older and have the right to accept these conditions.
8. You will indemnify us and hold us harmless from and against any and all liabilities, losses, damages, losses, costs and expenses (including increased administrative costs and reasonable legal fees) asserted against, or incurred or paid by us as a result of or in connection with the Content, including without limitation, for infringement of intellectual property rights, data protection rights, privacy rights, publicity rights, image rights or performance rights.
9. The Content may contain information about you or identifiable individuals that constitutes personal data under applicable laws.
10. By accepting these Terms, you give us your consent to process such personal data (including any third party service providers we engage for such purposes, as set out below) for the purposes set out in these Terms.
11. Where personal data relating to any other person appears in the Content, you warrant that you have also obtained their consent to the processing of such personal data.
12. We will process personal data included in the Content or provided to us in connection with our use of the Content in accordance with all applicable data protection laws and our website privacy policy.
13. We hold ourselves responsible for the processing of your personal data and you can obtain further information or exercise any of your legal rights by contacting us using the details below:
E-mail: infohk@hairk-paris.com
MODIFICATIONS
We reserve the right to :
Update these terms and conditions from time to time and you will be notified of any changes by an appropriate announcement on the website. It is your responsibility to check for such changes. The changes will apply to your use of the website after we make the announcement. If you do not wish to accept the new conditions, you must not continue to use the website. If you continue to use the website after the effective date of the change, your use of the website indicates your agreement to be bound by the new terms; to modify or withdraw, temporarily or permanently, this website and the materials it contains (in whole or in part) without notice to you and you confirm that we shall not be liable to you for any modification or withdrawal of the website or its contents; and disable any user identification code or password provided to you by us, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
REGISTRATION
By using this website, you warrant that :
You are legally capable of entering into binding contracts;
You must be at least 18 years old;
The personal information you are asked to provide when registering is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
You will inform us immediately of any changes to your personal information by sending an email or calling our customer service representatives via email :
Email address: infohk@hairk-paris.com
PRIVACY POLICY
We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. In addition, we will treat your information in accordance with our Privacy Policy.
By using our website, you consent to such processing and warrant that all data you provide is accurate. When you make purchases on this website, we ask you to enter personal details to enable us to identify you, including your name, e-mail address, delivery address, credit card or other payment information. We reaffirm that we will hold this information in accordance with our registration with the Data Commissioner’s Office.
PROTECTING YOUR SAFETY
To ensure that your credit, debit or payment card is not being used without your consent, we will validate the name, address and other personal information you provide during order processing against appropriate third-party databases.
We take the risk of Internet fraud very seriously. In view of the increase in fraudulent credit card transactions, we make every effort to ensure that all orders are thoroughly checked against the information already provided. We may contact you to carry out additional security checks, and we urge you to cooperate in enabling us to do so. Fraudulent transactions will not be tolerated and will be reported to the appropriate authorities.
By accepting these terms and conditions, you consent to such verifications being made. In carrying out such checks, personal information provided by you may be disclosed to a registered Business Intelligence Agency which may keep a record of such information. Please be assured that this is only to confirm your identity, that a credit card check is not being carried out and that your credit rating will not be affected in any way. Any information you provide will be treated securely and strictly in accordance with the Data Protection Act 1998.
RESPECT
The website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Web site and its use. You agree not to :
Upload to or transmit through the Website computer viruses, Trojan horses, glasses, logic bombs or other items intended to interfere with, interrupt or disrupt the normal operating procedures of any computer;
Upload to or transmit through the website any defamatory, offensive or obscene material; and attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site by denial of service or distributed denial of service attack.
By breaching this provision, you may be subject to a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it or on any website linked to it.
INDEMNITY
You agree to fully indemnify, defend and hold us and our officers, directors, employees and suppliers harmless from and against any and all claims, losses, costs and expenses including reasonable attorneys’ fees arising out of your breach of these Terms, or any other liability arising out of your use of this Site or anyone accessing the Site using your personal data.
THIRD PARTY LINKS
As a convenience to our customers, the Web site may contain links to other Web sites or materials that are beyond our control. For your information, we are not responsible for such websites or material, nor do we review or endorse them. We will not be liable for the privacy practices or the content of such Web sites, nor for any damage, loss or offense caused or alleged to be caused by or in connection with use of or reliance on any such advertising, content, products, materials or services available on such Web sites or external resources.
ORDERS
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be informed by e-mail (or by any other means if no e-mail address has been provided) and you will have the choice of waiting until the item is in stock or cancelling your order.
All orders placed by you will be treated as an offer to purchase our goods or services and we have the right to reject such offers at any time. You acknowledge that any automatic acknowledgement of your order which you may receive from us shall not signify our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will occur when we (i) charge your credit or debit card or PayPal account or (ii) dispatch the goods to you or commence the services to you, whichever is the later, in which case we will send you an e-mail confirming that a contract has been concluded (‘Dispatch Confirmation’). The contract will relate only to those goods and services which we have confirmed for dispatch in the Dispatch Confirmation. We will not be obliged to deliver any other goods or services which may have formed part of your order until we have confirmed dispatch of such goods or services in a separate Dispatch Confirmation.
We will take all reasonable steps, so far as it is in our power to do so, to keep your order and payment details secure, but in the absence of any negligence on our part, we cannot be held responsible for any losses you may suffer if a third party obtains unauthorised access to any data you have provided by accessing or placing an order on the website.
CANCELLATION RIGHTS
Where you have purchased goods or services as a consumer (i.e. for personal use, as opposed to commercial use), please note that you have the right to cancel any completed contract with us within 7 days of the date of receipt of such goods or services (‘Cooling Off Period’).
If you actually cancel a contract within the cooling-off period, then :
you must inform us by contacting us or by writing to Hair k Paris at 66 avenue des Champs Elysée Paris 75008; you must retain possession of the goods or services and ensure that they are kept in the same condition as at the time of delivery until they are taken back by us or returned by you;
we will inform you when we wish to take back the goods or services. We will take back the goods or services within 28 days of our receipt of your cancellation notice and we will charge the cost of taking back the goods or services and deduct it from any sum we owe you. Alternatively, you can return the goods or services to us by emailing kawtar@hair-k.fr for details; we will refund any amount you have paid to us within 30 days of receipt of your cancellation notice.
If you return goods to us for any reason (for example, if you believe that the goods are defective), we will examine the returned goods and, to the extent that we find them to be defective, we will repair or replace all defective goods or refund to you in full the price of the defective goods (including all applicable delivery charges and any reasonable costs incurred by you in returning the item to us). Please follow our returns authorization procedure by contacting us by e-mail. Please contact us as soon as possible and preferably within 3 days of receiving your goods. If we find that a returned item is not faulty, you will be responsible for any shipping costs incurred. Details of your legal right of cancellation and an explanation of how to exercise it are provided in the Shipping Confirmation. This does not affect your other legal rights as a consumer.
PRICE AND PAYMENT
All prices displayed on the site include VAT (where applicable) at the current rates and are correct at the time the information is entered into the system. However, we reserve the right to change prices at any time without notice (except that any changes will not affect orders for which we have sent you a Dispatch Confirmation).
If your delivery address is within France, no additional taxes will be charged. However, if your delivery address is outside France, you may be subject to import duties and taxes (including VAT), which are levied once the delivery reaches your destination country. Any such additional charges must be borne by you. (If your delivery address is within the European Union (“EU”), see “Customs clearance responsibilities for EU delivery addresses”) You should note that customs policies and practices vary considerably from country to country. We recommend that you contact your local customs office for further information. Payment can be made by one of the major credit or debit cards or via our PayPal account. Payment will be debited from your account prior to shipment of your goods or provision of the service to you.
In the unlikely event that the price displayed on the payment page is incorrect and we discover this before accepting your order in accordance with clause 9, we are not obliged to sell you the goods at the price displayed. We always try to ensure that the prices of goods displayed on our website are accurate, but sometimes genuine errors can occur. If we discover an error in the price of the goods you have ordered, we will let you know as soon as possible and give you the opportunity to reconfirm your order at the correct price or cancel it. If you cancel your order after you have paid for the goods (but they have not yet been dispatched), you will receive a full refund.
You confirm that the credit/debit card or PayPal account used belongs to you. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If your payment card issuer for any reason refuses or does not authorize payment to us, we will not be liable to you for any late delivery or non-delivery.
If your card payment has not been processed successfully for any reason, we reserve the right to retry the payment procedure. We will notify you at least 48 hours in advance of our intention to retry the payment procedure by sending you an email to the address you have provided. If you do not wish us to retry payment, you must cancel your order within 48 hours of receiving our email.
You can only use one promotional code per order. We reserve the right to reject or cancel any orders for which more than one promotional code has been added to the basket.
We allow you to use discount codes strictly in accordance with the terms and conditions on the basis of which they were issued, which, among other things, may include conditions relating to your eligibility for their use and a maximum order value. Please familiarize yourself with these terms and conditions before placing an order, as we reserve the right to reject or cancel any orders that do not comply with these conditions, even if your credit or debit card has been charged. In the event of any inconsistency between the terms and conditions on the basis of which discount codes have been issued and these terms and conditions, the terms and conditions of the discount code shall prevail. A copy of the discount code terms and conditions may be obtained by sending an e-mail to :
E-mail address: kawtar@hair-k.fr
Customs clearance responsibilities for EU delivery addresses
For orders shipped from France only.
For deliveries to addresses within the EU, for legal purposes, you are the importer of the goods and are responsible for all import formalities as well as any duties, tariffs or taxes that may be charged by any customs authority. However, we have collected these amounts from you as part of your purchase, and by accepting these terms, you hereby authorize us to appoint our designated carrier(s) to carry out all required customs formalities on your behalf, including the payment of any duties, tariffs or taxes to the relevant customs authority. The designated carrier will deliver the goods to you and carry out customs formalities on your behalf. These customs formalities will be carried out in different countries, depending on the country to which your delivery address belongs and the carrier used. Your goods will be cleared through customs in one of the following “countries of clearance”:
DPD
1. Cyprus (for addresses in Cyprus)
2. France (for addresses in France, Austria, Bulgaria, Croatia, Czech Republic, Estonia, Greece, Hungary, Italy, Latvia, Lithuania, Portugal, Romania, Slovakia and Slovenia)
3. Ireland (for addresses in Ireland)
4. Malta (for addresses in Malta, Cyprus)
5. Spain (for addresses in Spain)
6. Netherlands (for addresses in the Netherlands, Belgium, Denmark, Finland, Germany, Luxembourg, Poland and Sweden)
Hermes
7. Belgium (for addresses in Belgium and Ireland)
8. Otherwise, in the country to which your address belongs.
DHL
9. In the country to which your address belongs.
P2P
10. The Netherlands (for all addresses)
This means that you will be charged duties, tariffs or taxes at the rate applicable in the country of customs clearance – these will be paid on your behalf by the designated carrier. These countries of clearance are subject to change without notice.
By accepting these conditions, you consent to us appointing a designated carrier to act on your behalf as described above, and to the designated carrier acting solely for you as your direct customs representative.
We do not issue tax invoices for shipments to the EU from France. Any proof of sale document we provide at your request is provided at our sole discretion and serves only as a record of your purchase. The document may not comply with the requirements imposed by the tax authorities in your local jurisdiction for VAT recovery purposes, and we are unable to provide additional documentation in this respect.
CONDITIONS OF ELIGIBILITY FOR PURCHASE
The purchase of items on this Site and the legal conclusion of a contract on this Site in accordance with the legislation applicable in France will only be possible for individuals who meet the criteria below:
Individuals aged 18 or over; who register their name, address, telephone number, email address and any other information requested.
With your proposal to purchase items and services you declare that you are 18 years of age or older and that you authorize us to transmit certain information in order to obtain information from a third party, including but not limited to your credit card number in order to verify your identity, validate your credit card, obtain authorization for your credit card, and authorize each transaction.
INTELLECTUAL PROPERTY
The content of the website is protected by copyright, trademark, database rights and other intellectual property rights and you acknowledge that the documentation and content provided as part of the website must remain with us or our licensors.
You may retrieve and display website content on a computer screen, store such content in electronic form on a disk (but not on a server or other storage device connected to a network) or print a copy of such content for your own non-commercial use, provided you leave intact all copyright and other proprietary notices. However, you may not reproduce, modify, copy, distribute or use for commercial purposes any material or content from the website.
USE OF THE WEBSITE
The website is provided on an “as is” and “as available” basis without any representations or endorsements made and we make no warranties, express or implied, as to the website or its use. You acknowledge that we cannot guarantee and shall not be liable for the security or privacy of this Web site and any information provided by you. You must bear the risk of using the Internet.
While we will try to ensure that the content of the website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be liable for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may encounter on the website. If we become aware of any inaccuracies in the content of the website, we will attempt to correct them as soon as we reasonably can.
In particular, we accept no liability for the following:
Incompatibility of the website with any of your hardware, software or telecommunications links; technical problems, including website errors or interruptions;
Unsuitability, unreliability or inaccuracy of the website; and
Inability of the website to meet your requirements.
To the fullest extent permitted by applicable law, you agree that we will not be liable to you or to any third party for any consequential or incidental damages (the terms of which include, but are not limited to, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenses, loss of privacy and loss of data) or other indirect, special or punitive damages arising out of or in connection with your use of the Website.
SEPARATION
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that part shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
DISCLAIMER
No waiver by us shall be construed as a waiver of any preceding or subsequent breach of any provision.
FULL AGREEMENT
These Terms constitute the entire basis of any agreement between you and us.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of France. Disputes shall be settled exclusively by the French courts.
RETURNS
We want to ensure that our customers receive the best possible service. We are delighted to be able to offer you a comprehensive returns policy in the event that you are not 100% satisfied with the products delivered. Please note that you must follow the steps below to return a product and that if you do not, we may not be able to exchange the items or offer a refund. Please also note that we are not responsible for and cannot offer refunds/exchanges on items damaged by circumstances beyond our control.
Should you wish to return a product, for whatever reason, you have 48 hours from the date of receipt of the order to inform us that you are not completely satisfied with the item. If you wish to return it, please contact our Customer Service department by e-mail and provide them with your order number, the number of the item you wish to return and the reason for the return.
We will provide you with a return authorization number and the address to which you must send the product.
You will need to pack the item well and include it in the parcel:
Your order number
Return authorization number
If you want to replace the product or if you prefer a refund
The reason why you wish to return the product.
The item(s) returned must be new, unused and in the original, undamaged box with a copy of the invoice or shipping notice.
Once we have received the items we will check them and, if we consider it necessary, we will refund the amount paid for the items and the shipping costs. We cannot offer refunds for unwanted items due to the perishable nature of the items we sell. We will only offer refunds/exchanges for those items that would be defective upon shipment.
THE CRITICS
You grant hair-k.fr the right to use the name used in the publication of such content. You agree to waive your right to be identified as the author of such content and your right to object to possible critical treatment.
You agree to perform all other actions necessary to perfect all of the above rights granted by hair-k.fr, including the performance of facts and documents, upon hair-k.fr’s request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that as of the date you submit the content or material to hair-k.co.uk:
The content and materials are precise;
The use of the content and material provided by you does not violate any provision of hair-k.fr and will not cause damage to any person or entity. Of course, the content and/or material will not be defamatory. You agree to indemnify hair-k.fr for any claim by a third party against hair-k.fr arising out of or in connection with a breach of any of these warranties.
