Terms of Sales
EFFECTIVE FOR ALL ORDERS PLACED FROM 25/10/2022
Auto-entrepreneur scheme under the name of Estelle FRANÇOIS.
Auto-entrepreneur account number: 117000001568573776 (Merchant). SIRET number: 90920422400010.
Activity made from 19 rue Vaneau – 75007 Paris; Telephone: 06 60 96 58 15; email address: girlypopparis@gmail.com.
E-commerce website accessible at http://www.girlypop.fr.
The Site offers for sale a collection of accessories marked with the inscription "girly pop", guaranteeing its origin and provenance. The material used is 300T polyester.
During your visit to the Site, you have the possibility of becoming acquainted with each product, by clicking on the photograph presented, which results in the display of a dedicated page comprising a more precise photograph and a text describing the main characteristics of the product in question.
ARTICLE 1: OBJECT
1.1 These general conditions of sale, or "GTC", are intended to set the terms and conditions of distance selling and delivery of one or more products, as described on the Site as well as in the preamble, and hereinafter defined by the term “Kit”. The GCS constitute a contract between the auto-entrepreneur and the adult and fully capable natural person, acting for purposes other than for the needs of his professional activity, and proceeding to the payment of an order under the conditions specified below. , this person being designated in the T&Cs by the term "you".
1.2 The GCS are the only legal act applicable to any order placed by the Site, and are subject to acceptance by you under the conditions specified below. Any order of Hair Clip(s) placed on the Site is subject to the T&Cs in force on the day of the order. A copy of the GCS is sent to you once during the ordering process (therefore before confirmation of any purchase), then a second time upon delivery of the order. It is your responsibility to keep/save a copy.
1.3 All the information relating to the hair clips covered by these GCS (price, names, definitions, detailed descriptions: properties, characteristics and composition, etc.) offered for sale at a distance on the Site are available, in accordance with legal requirements. and applicable regulations, on the Site, or by telephone by calling 06 60 96 58 15.
Although the Company endeavors to ensure with the greatest care the accuracy of the information published on the Site, in advertisements or in catalogues, it does not provide any guarantee, express or implied, concerning the accuracy, reliability and completeness of such information.
The Company strives to guarantee the reliability of the visuals, descriptions, photographs, or graphic representations of the materials and stones displayed on the Site or in our catalogs, within the limits of the technique and in compliance with market standards. However, we do not guarantee that these elements are error-free. Whether as a result of an inaccuracy, an omission, an obsolete element or for another reason, the customer has the option in this case of notifying us so that we proceed with a return procedure, subject to informing us within 3 (three) days of receipt.
ARTICLE 2: COUNTRY
The distance selling of Hair Clips is carried out in the European Union under the conditions provided for in the GCS, this territory being hereinafter defined as the "Delivery Zone".
For any territory located outside the Delivery Zone, you are invited to contact Estelle FRANÇOIS directly by email: girlypopparis@gmail.com, so that she can determine whether the order you wish to pass can be insured, in particular in consideration of the risks associated with delivery under usual conditions, and the assessment of customs duties.
ARTICLE 3: PRICE
3.1 Price. The price due to the auto-entrepreneur is made up of the total of the following elements:
1° the price of each kit in euros excluding tax;
2° delivery costs in euros.
The prices of each kit, like the applicable delivery costs, are those made available to you on the Site on the day of your order, and are therefore subject to change, as long as you have not validated your order under the conditions provided. in item 4.
3.2 Means of payment made available to you on the Site to validate your order under the conditions provided for in Article 4.4
Any payment on the Site can be made: By credit card: The debit of the card is made at the time of validation of the order.
The Customer expressly acknowledges that the communication of his credit card number to GIRLY POP constitutes authorization to debit his account up to the amount of the products ordered. The data recorded and kept by GIRLY POP constitutes proof of the order and of all past transactions. The data recorded by STRIPE constitutes proof of financial transactions. In the event that, for any reason whatsoever (opposition, refusal of the issuing center, etc.), the debit of the sums due proves impossible, the order will not be recorded by the Company and/or will be cancelled.
ARTICLE 4: ORDER
4.1. Selection. You have the option of selecting one or more kits on the Site, with a view to purchasing them. The conditions of availability of each kit are displayed as far as possible on the Site but will only be confirmed to you when the selected kit is added to the basket, depending on actual stocks. You can also make a request for availability at any time by contacting us on 06 60 96 58 15 or by sending an email to the following address: girlypopparis@gmail.com, to which GIRLY POP will endeavor to respond as soon as possible. . If the kit is not in stock, GIRLY POP will make its best efforts to manufacture it within a maximum period of 10 weeks from the validation of the order.
All the products that you have selected during your visit to the Site appear in your "Basket", accessible by clicking on the tab at the top right of each page of the Site, which summarizes the price of each item selected, the price total, and delivery charges, if applicable. You have the option of freely modifying your Basket by deleting an item initially selected and/or by modifying the quantities selected and/or by adding other hair clip(s).
4.2 Identity. To be able to place an order, you must be of legal age (at least 18 years old), have your habitual residence in the territory of the European Union, have legal capacity and place an order for non-professional purposes.
After clicking on the "ORDER" button at the bottom of your Basket, the Site offers you either to create a customer account in order to save your personal data to facilitate your future orders and to be able to follow the processing of your current orders, or to connect to your customer account to finalize your order if you already have such an account by entering your email and password or to order without creating a customer account by completing the necessary personal data to the processing of your order by the Company.
When creating a customer account and/or placing the order, the Site invites you to enter the following personal data: gender, name, e-mail address, date of birth, precise address/postal code/city , country (domiciliation with a company if applicable, being reminded that you cannot acquire Products on behalf of a company), telephone number. All of this information is mandatory in order to place an order on the Site.
You also have the option of entering a billing address separate from the delivery address.
The data you provide to the Company are necessary to proceed with the validation of your order and its delivery. You therefore undertake to complete the information requested with the greatest care, to ensure that it is accurate and complete, and acknowledge that the Company cannot under any circumstances be held responsible for the non-performance of one or more obligations incumbent upon it. which would be due to an error or omission on your part in the information you provide.
4.3 Validation of your order (double click). After having completed your personal data, or logging in, you are invited to click on the "CONFIRM MY ORDER" button. The Site summarizes one last time, on the same page the detailed content of your Basket, the total due, the delivery cost. You then have the option of confirming the content, after having read the GCS and acknowledging it by ticking the box stating "I acknowledge having read the General Conditions of Sale and accept the terms", then by clicking on the button “Order with obligation to purchase”. Until this last step, you have the ability to go back and correct any errors. If you finally give up your order, it is up to you to interrupt the procedure by returning to the home page of the Site or by leaving it.
4.4 Payment. From the validation of your order, as described in article 4.3 above, the Site invites you to pay the corresponding price, calculated under the conditions provided for in article 3.
Once the payment has been made and validated by your bank, the Company and you are bound by the T&Cs.
The order can no longer be canceled, except in the cases provided for in articles 5.2, 7.1, and 10.1. You will then receive an email acknowledging receipt of your order at the address provided by you, and containing a summary of it, as well as delivery times, the order number, as well as a copy of the GTC. In accordance with the provisions of article 1126 of the Civil Code, you formally accept the use of e-mail for confirmation by GIRLY POP of the content of your order.
ARTICLE 5: DELIVERY, DEADLINES AND RETURNS
5.1 GIRLY POP delivers the hair kit(s) to the address indicated when ordering, via a carrier designated by GIRLY POP, within a maximum of 30 (thirty) days for the kits mentioned as being in stock on the Site.
5.2 Default or delay in delivery. In accordance with Articles L216-2 and L216-3 of the Consumer Code, in the event of delay or failure to deliver seven (7) days after the maximum delivery date indicated, which is neither attributable to an error on your part, neither to the fact, unforeseeable and insurmountable, of a third party, nor to a case of force majeure, you can cancel your order by registered letter with acknowledgment of receipt addressed to the Company during the sixty (60) days following the date maximum delivery time indicated. If delivery has not taken place between the sending and receipt of this letter, the Company will refund you the full price that you will have actually paid for each hair clip not delivered, within a maximum period of fourteen (14) days.
5.3 Reception. Upon receipt of your order, it is your responsibility to formulate in writing, immediately and precisely, on the delivery note, any reservations as to the condition of the packaging of the package received. In the event of receipt of a package whose packaging is damaged, you undertake to make regular and sufficient observations, in particular by formulating reasoned reservations to the carrier, in writing, by keeping the litigious packaging and its contents in not to alter their condition, and by notifying the Company by e-mail, without delay, of the deterioration(s) thus noted, in a documented manner, as well as by attaching a copy of the delivery note including the reservations that you have mentioned therein .
5.4 Compliance. In the event that you find that one or more kits do not comply with the legal guarantees referred to in Article 7, it is your responsibility to inform the Company, by RAR letter and by email, in detail, of the nature of the non-conformity and/or defects affecting the kit(s) concerned within three days of its/their receipt, specifying the repair method for which you wish to opt, among the various options provided to the aforementioned article. In the event that you choose full reimbursement of the price paid for each non-compliant kit, it is your responsibility to send the hair clip(s) concerned to the Company, upon acceptance by this last of this method of repair, in accordance with the provisions of Articles L217-8 to L217-10 of the Consumer Code recalled below, by post or the carrier of your choice to the following address: GIRLY POP, 19 rue Vaneau , 75007 Paris. You are responsible for paying the return costs.
ARTICLE 6 — RIGHT OF WITHDRAWAL
6.1 For kits made to consumer specifications or clearly personalized:
In accordance with Article L121-28-3° of the Consumer Code, the right of withdrawal usually granted to consumers in the context of distance selling contracts cannot be exercised for contracts for the supply of goods made according to the specifications of the consumer or clearly personalized.
Each kit comprising personalized embroidery or specifically made at your request, you expressly acknowledge and accept that you cannot avail yourself of the right of withdrawal provided for in articles L121-18 and s. of the consumer code.
6.2 For the other kits being either in stock at the time of the order or made to order, according to your measurements and/or the customization options offered by the company, in one of the materials offered by the Company:
In accordance with the provisions of Articles L. 221-18 and following of the Consumer Code, you have a right of withdrawal under the regulatory conditions for all pliers not covered by the exemption defined in Article 6.1.
This right may be exercised within 14 (fourteen days) of receipt of the pliers by you, by returning to the Company a letter of withdrawal that it sent to it in the order confirmation email duly completed or any other unambiguous written declaration, expressing your desire to withdraw, by email to the address girlypopparis@gmail.com or by post to the address GIRLY POP, 19 rue Vaneau, 75007 Paris.
It will then be your responsibility to return the item concerned, at the latest, within 14 (fourteen) days following the communication of your decision to withdraw, in its original packaging or in packaging conferring equivalent protection, in perfect condition. and accompanied by all the documents and accessories provided, as well as the delivery note attached to said article. This return is made at your expense and the return costs will not be reimbursed by our Company, which you expressly accept. Reimbursement of the price of the returned item (including the cost of delivery of the item to your address) will be made, by crediting your customer's bank account, no later than fourteen (14) days following the receipt by the Company of said articles. Any item personalized, retouched or returned damaged, used, incomplete or soiled cannot be the subject of such a refund.
ARTICLE 7 – LEGAL GUARANTEES AND LIABILITY
7.1 The Company complies with the provisions of the Consumer Code and the Civil Code regarding guarantees. The seller is liable for lack of conformity of the goods sold under the conditions of articles L. 217-4 and following of the Consumer Code and for hidden defects of the goods under the conditions provided for in articles 1641 and following of the Civil Code. These provisions are reproduced below:
Art L217-4 and L217-5 of the consumer code:
The seller delivers a good 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, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Art. L217-7 of the consumer code:
The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
Article L217-8 of the Consumer Code:
The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him.
Article L217-9 of the Consumer Code:
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him. by the law. :
Article L217-10 of the Consumer Code:
If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded.
The same option is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the
buyer's complaint;
2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
Article L217-11 of the Consumer Code:
The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.
Art L217-12 of the consumer code:
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Art 1641 of the civil code:
The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.
Art 1642 of the civil code:
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Art 1643 of the civil code:
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
Article 1644 of the civil code:
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1645 of the civil code:
If the seller was aware of the defects of the thing, he is liable, in addition to the restitution of the price he received for it, for all damages towards the buyer.
Article 1646 of the civil code:
If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale.
Article 1647 of the civil code:
If the thing that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and for the other compensations explained in the two preceding articles.
But the loss happened by fortuitous event will be for buyer's account.
Art 1648 para. 1 of the civil code:
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
7.2 In accordance with the preceding provisions, it is expressly agreed that the Company does not provide any guarantee as to hidden defects of which it would not have been aware. Similarly, the Company cannot under any circumstances be held liable for any damage or lack of conformity resulting from erroneous information that you have communicated to it.
7.3 Any pliers that would be returned damaged, worn, or soiled in a distinct way from the elements of non-compliance alleged in application of article 5.4 and noted by the Company cannot give rise to any reimbursement.
7.4 Irrespective of the foregoing, the Company cannot be held liable:
- errors and/or omissions referred to in Article 1.3;
- interruptions or delays due to the execution of maintenance work, technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, beyond its control and of which you will be informed as soon as possible by the Company;
- the impossibility of temporarily accessing the Site due to events beyond its control, such as in the event of a computer breakdown, interruption of the telephone and/or internet network, etc.
ARTICLE 8: INTELLECTUAL PROPERTY
8.1 The kits, the Site, the services offered, as well as all the content, texts, databases, software, visual and audiovisual elements that compose it are the exclusive property of the Company, and are protected by the law of the intellectual property. Any act of exploitation of the aforementioned elements, in particular by reproduction and/or representation, is expressly prohibited.
8.2 The “GIRLY POP” brand is a registered trademark. No license or authorization to reproduce is granted on the aforementioned brand or on any other brand used by the Company or its co-contractors.
ARTICLE 9: PERSONAL DATA
9.1 The Company proceeds with your agreement to the collection of personal data concerning you, as referred to in article 4.2.
The Company undertakes to collect and process this personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation.
In accordance with these Regulations, the Company informs you:
a) the identity and contact details of the controller:
Auto-entrepreneur scheme under the name of Estelle FRANÇOIS.
Auto-entrepreneur account number: 117000001568573776 (Merchant). SIRET number: 90920422400010.
Activity made from 19 rue Vaneau – 75007 Paris; Telephone: 06 60 96 58 15; email address: girlypopparis@gmail.com.
E-commerce website accessible at http://www.girlypop.fr.
b) the purposes of the processing for which these personal data are exclusively intended:
The personal data transmitted is above all necessary for the execution and processing of the orders you wish to place on the Site, for your access and use of the Site, for the management of the operation and optimization of the Site, verification, identification and authentication of the data transmitted by you.
The personal data that you transmit to us for the creation of a customer account also allows you to facilitate your subsequent orders and to follow your current orders. Finally, they can be collected for the purposes of sending our newsletter, when you choose to subscribe to this service when creating your account or at any time on your account. They are finally collected by the Company with your express agreement if you choose to click on the box dedicated to this purpose, in order to disseminate its commercial offers, and
c) recipients of personal data collected by the Company:
This personal data may only be shared with third-party companies in the following cases:
-When you use payment services, for the implementation of these services, the Site being in contact with third-party banking and financial companies with which it has entered into contracts;
-When the Company uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to your data, as part of the performance of these services and have a contractual obligation to use them in accordance with the applicable regulations;
- If required by law, the Company may transmit data to respond to claims against the Company and to comply with administrative and legal procedures;
- If the Company is involved in a merger, acquisition, sale of assets or collective procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before the personal data is transferred to a third party.
d) the retention period of the personal data:
This information is kept within the authorized legal limit. This duration varies according to the nature and the circumstances in which they were communicated to us.
You expressly declare and guarantee that the Company collects and processes personal data under the conditions referred to in Article 4.2.
9.2 You have a right of access to personal data concerning you, as well as a right to rectify or erase this data, the right to obtain a limitation of processing, the right to oppose the processing of this data as well as the right to the portability of this data.
You can exercise these rights by writing to the address: GIRLY POP, 19 rue Vaneau, Paris 75007, France or by email to the address girlypopparis@gmail.com.
However, you cannot exercise your right to erasure or refusal of processing with regard to personal data transmitted for the purposes of the performance of the contract and/or to comply with the Company's regulatory and legal obligations, in particular with regard to archiving. .
9.3 For the purposes of its activities and services and in particular to facilitate their proper functioning, the Site uses a system of “cookies”. You must accept the deposit of cookies by validating the button provided for this purpose on the banner of the Site specifying the purposes of the cookies used and the possibility of opposing them. These cookies may contain data relating to your identification and your navigation on the Site. It is specified to you that you
can block or delete these cookies.
For Mozilla firefox:
• Choose the “Tool” menu then “Options”
• Click on the “privacy” icon
• Locate the “cookie” menu and select the options that suit you
For Google Chrome:
• Click on the “wrench” icon in the browser toolbar
• Choose the “Options” menu then click on “Advanced options”
• Click on “Content settings” in the “Privacy” section
• Click on the "Cookies" tab and select the options that suit you
ARTICLE 10: COMMON PROVISIONS
10.1 Consumer status. By accepting the T&Cs, you declare that you are purchasing the kits for strictly personal purposes and in any case without direct or indirect relation to your professional activity (i.e. for purposes other than commercial, industrial, artisanal or liberal), this declaration being an essential and determining condition of the consent of the Company to your use of the Site as well as to the sale permitted by the latter. Consequently, in the event that this declaration proves to be erroneous or misleading, the Company reserves the right to cancel your order as of right and to keep the price paid as a provisional penalty, without prejudice to any additional compensation to which the Company could claim.
10.2 Access to the Site. The costs related to the use of the Internet during your use of the Site are your responsibility, at the rates and conditions applied by your Internet service provider and you remain in all circumstances solely responsible for any material and its use. allowing access to the Site.
10.3 Partial invalidity. If one or more stipulations of the T&Cs are held to be invalid or declared void pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force and effect. scope, unless the invalid stipulation(s) were of a substantial nature and their disappearance calls into question the contractual balance. If necessary, the parties then agree to replace the clause declared null and invalid by a clause which will come closest in terms of its content to the clause initially adopted.
10.4 Non-Waiver. It is understood that any tolerance or waiver by one of the parties in the application of all or part of the commitments provided for in the GCS, whatever the frequency and duration may have been, cannot constitute modification of the GCS, nor generate a any right.
10.5 Applicable law and competent jurisdictions. The law applicable to the T&Cs is French law. In the event of any difficulty arising during the interpretation or execution of these GCS, and the order or delivery of the Jewels sold on the Site, we invite you to send us any request for a amicable resolution, by registered letter with acknowledgment of receipt to the following address: GIRLY POP, 19 rue Vaneau, Paris 75007, France. We undertake to respond to you within 15 (fifteen) days. In the absence of a satisfactory agreement, you have the option of seizing a consumer mediator free of charge for the amicable resolution of the dispute between you and the Company.
In the event of a dispute relating to the formation, execution, and/or interpretation of the GCS, express jurisdiction is attributed to the French courts.
10.6 Changes. As of their entry into force, the T&Cs may only be modified in writing signed by both parties. They represent all of the existing commitments between the parties. They replace and cancel any prior oral or written commitment relating to the subject matter hereof.