Introduction

These general terms and conditions of sale (hereinafter the “General Terms and Conditions”) apply to any purchase made by an internet user/natural person (hereinafter the “CUSTOMER”) on the website store@david-mallett.com (hereinafter the “WEBSITE”) from David Mallett Haircare, SARL registered in the Paris trade and companies register under number RCS B: 509714796, having its registered office at 14, Rue Notre Dame des Victoires, 75002 Paris France Tel: +33 1 83 87 25 98 email: store@david-mallett.test (hereinafter the “SELLER”).

IMPORTANT Any order placed on the WEBSITE necessarily implies the unreserved acceptance by the CUSTOMER of these general terms and conditions of sale.

Article 1. Definitions

The terms used below have, in these General Terms and Conditions, the following meaning:

“CUSTOMER”: refers to the contracting party of the SELLER, who guarantees having the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside any habitual or commercial activity.

“DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated when ordering.

“PRODUCTS”: refers to all products available on the WEBSITE.

“TERRITORY”: refers to the European Union (E.U) and worldwide (including DOM/TOM).

Article 2. Purpose

These General Terms and Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS. The CUSTOMER is clearly informed and acknowledges that the WEBSITE is addressed to consumers and that professionals must contact the SELLER’s commercial service in order to benefit from distinct contractual conditions.

Article 3. Acceptance of the General Terms and Conditions

The CUSTOMER undertakes to carefully read these General Terms and Conditions and accept them, before proceeding to payment of a PRODUCTS order placed on the WEBSITE. These General Terms and Conditions are referenced at the bottom of each page of the WEBSITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read the General Terms and Conditions. The SELLER advises the CUSTOMER to read the General Terms and Conditions with each new order, the latest version of said Terms applying to any new PRODUCTS order. By clicking on the first button to place the order then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Terms and Conditions without limitation or condition.

Article 4. Purchase of Products on the Website

To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, be able to justify the agreement of their legal representatives. The CUSTOMER will be invited to provide information allowing identification by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER’s order to be processed by the SELLER. The CUSTOMER can check the status of their order on the WEBSITE. Tracking of DELIVERIES may, where applicable, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER’s commercial service at any time by email, at the address store@david-mallett.com , in order to obtain information on the status of their order. The information that the CUSTOMER provides to the SELLER when ordering must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, eligibility and the information communicated.

Article 5. Orders

Article 5.1 Product Characteristics

The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Terms and Conditions). The CUSTOMER undertakes to carefully read this information before placing an order on the WEBSITE. Unless expressly indicated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and applicable standards in France.

Article 5.2. Order Procedure

PRODUCTS orders are placed directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps described below (please note however that depending on the CUSTOMER’s starting page, the steps may differ slightly).

5.2.1. Selection of PRODUCTS and Purchase Options

The CUSTOMER must select the PRODUCT(s) of their choice by clicking on the relevant PRODUCT(s) and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CUSTOMER’s cart. The latter can then add as many PRODUCTS to their cart as desired.

5.2.2. Orders

Once the PRODUCTS are selected and placed in their cart, the CUSTOMER must click on the cart and verify that the content of their order is correct. If the CUSTOMER has not already done so, they will then be invited to identify themselves or register. Once the CUSTOMER has validated the cart content and identified/registered, an online form will be displayed automatically completed and summarizing the price, applicable taxes and, where applicable, delivery costs. The CUSTOMER is invited to verify the content of their order (including the quantity, characteristics and references of the ordered PRODUCTS, billing address, payment method and price) before validating its content. The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the WEBSITE and provide all information necessary for billing and DELIVERY of the PRODUCTS. Regarding PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary for proper order processing. The CUSTOMER must also select the chosen delivery method.

5.2.3. Acknowledgment of Receipt

Once all the steps described above are completed, a page appears on the WEBSITE to acknowledge receipt of the CUSTOMER’s order. A copy of the order acknowledgment of receipt is automatically sent to the CUSTOMER by email, provided that the email address communicated through the registration form is correct. The SELLER does not send any order confirmation by postal mail or fax.

5.2.4. Billing

During the order procedure, the CUSTOMER must enter the information necessary for billing (the sign (*) will indicate the mandatory fields to be filled in for the CUSTOMER’s order to be processed by the SELLER). The CUSTOMER must notably clearly indicate all information relating to DELIVERY, particularly the exact DELIVERY address, as well as any possible access code to the DELIVERY address. The CUSTOMER must then specify the chosen payment method. Neither the order form that the CUSTOMER establishes online, nor the order acknowledgment of receipt that the SELLER sends to the CUSTOMER by email constitutes an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the invoice as a copy of their order validation.

5.3. Order Date

The order date is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the WEBSITE only begin to run from this date.

5.4. Price

For all PRODUCTS, the CUSTOMER will find on the WEBSITE prices displayed in euros including all taxes, as well as applicable delivery costs (depending on package weight, excluding packaging and gifts, DELIVERY address and chosen carrier or transport method). Prices include in particular – if applicable – value-added tax (VAT) at the rate in force on the order date. Any modification of the applicable rate may impact the price of PRODUCTS from the effective date of the new rate. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. The SELLER’s suppliers’ prices are subject to change. Consequently, the prices indicated on the WEBSITE may change. They may also be modified in case of special offers or sales. The indicated prices are valid, except for gross error. The applicable price is that indicated on the WEBSITE on the date the order is placed by the CUSTOMER.

5.5. PRODUCTS Availability

The unavailability of a PRODUCT is in principle indicated on the relevant PRODUCT page. CUSTOMERS may also be informed of a PRODUCT restocking by the SELLER. In any case, if unavailability was not indicated at the time of ordering, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable. The SELLER may, at the CUSTOMER’s request:

• Either propose to ship all PRODUCTS together as soon as the out-of-stock PRODUCTS are available again,
• Or proceed with a partial shipment of available PRODUCTS first, then shipment of the rest of the order when the other PRODUCTS are available, subject to clear information regarding additional transport costs that may be incurred,
• Or propose an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.

If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, they will obtain reimbursement of all sums paid for the unavailable PRODUCTS at the latest within thirty (30) days of payment.

Article 6. Right of Withdrawal

The terms of the right of withdrawal are provided in the “withdrawal policy”, policy available in Appendix 1 hereof and accessible at the bottom of each page of the WEBSITE via a hypertext link.

Article 7. Payment

7.1. Payment Methods

The CUSTOMER can pay for their PRODUCTS online on the WEBSITE according to the methods proposed by the SELLER. The CUSTOMER guarantees to the SELLER that they hold all required authorizations to use the chosen payment method. The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online in the context of online payment on the WEBSITE. It is specified in this regard that all payment information provided on the WEBSITE is transmitted to the WEBSITE’s bank and is not processed on the WEBSITE.

7.2. Payment Date

In case of single payment by credit card, the CUSTOMER’s account will be debited as soon as the PRODUCTS order is placed on the WEBSITE. In case of partial DELIVERY, the total amount will be debited from the CUSTOMER’s account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, reimbursement will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.

7.3. Payment Delay or Refusal

If the bank refuses to debit a card or other payment method, the CUSTOMER must contact the SELLER’s Customer Service in order to pay the order by any other valid payment method. In the event that, for whatever reason, opposition, refusal or other, the transmission of the money flow due by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.

Article 8. Proof and Archiving

In accordance with article 1348 of the Civil Code, archiving of communications, orders and invoices is carried out by David Mallett on a reliable and durable medium so as to constitute a faithful and durable copy. The Seller also invites the Customer to keep a copy on a reliable and durable medium of elements relating to their order and delivery such as paper or digital medium.

Article 9. Transfer of Ownership

The SELLER remains the owner of the delivered PRODUCTS until their complete payment by the CUSTOMER. The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by them, or by a third party designated by them other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the reservation of ownership, as well as the risks of damage they may cause.

Article 10. Delivery

The terms of DELIVERY of PRODUCTS are provided in the “delivery policy” referred to in Appendix 2 hereof and accessible at the bottom of each page of the WEBSITE via a hypertext link.

Article 11. Packaging

The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when they return PRODUCTS under the conditions set out in Appendix 1 – Withdrawal Policy.

Article 12. Warranties

12.1. Conformity Warranty

Article L.211-4 of the Consumer Code: “The seller is required to deliver goods that conform to the contract and is liable for conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from packaging, assembly instructions or installation when this has been placed under their responsibility by the contract or has been carried out under their responsibility.”

Article L.211-5 of the Consumer Code: To be in conformity with the contract, the good must: 1° Be suitable for the use habitually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that they presented to the buyer in the form of a sample or model; – present the qualities that a buyer can legitimately expect in view of public declarations made by the seller, by the producer or by their representative, particularly in advertising or labeling; 2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller’s knowledge and which the latter has accepted.

The SELLER is required to deliver a PRODUCT that conforms, that is to say suitable for the expected use of a similar good and corresponding to the description given on the WEBSITE. This conformity also supposes that the PRODUCT presents the qualities that a buyer can legitimately expect in view of public declarations made by the SELLER, including in advertisements and on labels. In this context, the SELLER is likely to be liable for conformity defects existing at the time of delivery and conformity defects resulting from packaging, assembly instructions or installation when this has been placed under their responsibility or has been carried out under their responsibility. The action resulting from the conformity defect is prescribed by two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the Consumer Code)

In case of conformity defect, the CUSTOMER may request replacement or repair of the PRODUCT, at their choice. However, if the cost of the CUSTOMER’s choice is manifestly disproportionate with regard to the other conceivable option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a reimbursement, without following the option chosen by the CUSTOMER. In the event that replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: DAVID MALLETT HAIRCARE SARL, 14 rue Notre Dame des Victoires – 75002 Paris.

It is specified that this legal conformity warranty applies independently of any commercial warranty granted, where applicable, on the PRODUCTS.

12.2. Hidden Defects Warranty

The SELLER is bound by the warranty for hidden defects of the sold PRODUCT that make it unsuitable for the use for which it is intended, or that so diminish this use that the CUSTOMER would not have acquired it, or would have given only a lesser price, if they had known them. (Article 1641 of the Civil Code)

This warranty allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price, if the PRODUCT is not returned. In the event that replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 14 rue Notre Dame des Victoires, 75002 PARIS.

The action resulting from redhibitory defects must be brought by the CUSTOMER within a period of two (2) years from the discovery of the defect. (First paragraph of article 1648 of the Civil Code)

Article 13. Liability

The SELLER’s liability may in no case be engaged in case of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, particularly when entering their order. The SELLER may not be held responsible, or considered as having failed in these terms, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of French courts and tribunals. It is furthermore specified that the SELLER does not control the websites that are directly or indirectly linked to the WEBSITE. Consequently, it excludes all liability for the information published therein. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.

Article 14. Complaints

The SELLER makes available to the CUSTOMER a “Customer Service” via the following email: store@david-mallett.com . Any written complaint from the CUSTOMER must be transmitted to the following address: DAVID MALLETT HAIRCARE SARL, 14 rue Notre Dame des Victoires, 75002 Paris, France.

Article 15. Validity of the General Terms and Conditions

Article 16. Modification of the General Terms and Conditions

These General Terms and Conditions apply to all purchases made online on the WEBSITE, as long as the WEBSITE is available online. The General Terms and Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Terms and Conditions are those in force at the time of the order. Modifications made to the General Terms and Conditions will not apply to PRODUCTS already purchased.

Article 17. Jurisdiction and Applicable Law

These General Terms and Conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law. In case of dispute, only French courts will be competent. However, prior to any recourse to arbitral or state judge, negotiation will be privileged in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including concerning its validity. The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties could not agree, the dispute will be submitted to the competent jurisdiction designated below. During the entire negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict subject to negotiation. By exception, the parties are authorized to seize the emergency jurisdiction or to request the pronouncement of an order on application. Any possible action before the emergency jurisdiction or the implementation of a procedure on application does not entail on the part of the parties any waiver of the amicable arrangement clause, except express contrary will.

Annexe 1 - WITHDRAWAL POLICY

Withdrawal Principle

The CUSTOMER has in principle the right to return or restore the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of their decision to withdraw, unless the SELLER proposes to recover the PRODUCT themselves.

Withdrawal Period

The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the PRODUCT.

In the case where the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the last delivered PRODUCT.

Notification of Right of Withdrawal

To exercise their right of withdrawal, the CUSTOMER must notify their decision to withdraw from this contract by means of an unambiguous statement to: DAVID MALLETT HAIRCARE SARL, 14 rue Notre Dame des Victoires, 75002 Paris, France or store@david-mallett.com , by filling in the sections of the withdrawal form:

WITHDRAWAL FORM

To the attention of [*] (*SELLER’s coordinates)

SELLER’s telephone number*: SELLER’s fax number*: SELLER’s email address*:

I hereby notify you of my withdrawal from the contract concerning the sale of the PRODUCT below:

PRODUCT reference Invoice number: Order number:

• Ordered on [__________]/received on [______________]
• Payment method used:
• Name of CUSTOMER and where applicable of the order beneficiary:
• CUSTOMER’s address:
• Delivery address:
• CUSTOMER’s signature (except in case of transmission by email)
• Date

For the withdrawal period to be respected, the CUSTOMER must transmit their communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of Withdrawal

In case of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs without undue delay and, in any case, at the latest fourteen (14) days from the day the SELLER is informed of the CUSTOMER’s will to withdraw.

The SELLER will proceed with reimbursement using the same payment method that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different method, in any case, this reimbursement will not incur costs for the customer.

The SELLER may defer reimbursement until receipt of the good or until the CUSTOMER has provided proof of shipment of the good, whichever occurs first.

Return Terms

The CUSTOMER must, without undue delay and, in any case, at the latest fourteen (14) days after communication of their decision to withdraw from this contract, return the good, to: DAVID MALLETT HAIRCARE SARL, 14 rue Notre Dame des Victoires. 75002 Paris, France.

This deadline is deemed respected if the CUSTOMER returns the good before the expiration of the fourteen-day deadline.

Condition of Returned Good

The PRODUCT must be returned following the SELLER’s instructions. The CUSTOMER has the possibility to test the PRODUCT but their responsibility may be engaged if they proceed with manipulations other than those that are necessary.

Return Costs

The CUSTOMER must bear the direct costs of returning the good.

Annexe 2 - DELIVERY POLICY

Delivery Zone

The PRODUCTS offered can only be delivered to the list of countries indicated in the “delivery countries” section.

The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER has indicated during the order process.

Shipping Deadline

The deadlines to prepare an order then establish the invoice, before shipping PRODUCTS in stock are mentioned on the WEBSITE. These deadlines are understood excluding weekends or public holidays. An electronic message will be automatically sent to the CUSTOMER at the time of PRODUCTS shipment, provided that the email address in the registration form is correct.

Delivery Times & Costs

During the order process, the SELLER indicates to the CUSTOMER the possible delivery times and shipping formulas for the purchased PRODUCTS.

Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CUSTOMER in addition to the price of the purchased PRODUCTS.

The detail of delivery times and costs is detailed on the WEBSITE.

DELIVERY Terms

The package will be delivered to the CUSTOMER upon presentation of identification.

In case of absence, a delivery notice will be left to the CUSTOMER, in order to allow them to collect their package at their post office or at a previously defined relay point.

DELIVERY Problems

The CUSTOMER is informed of the delivery date set when they choose the carrier, at the end of the online order procedure, before confirming the order. It is specified that deliveries will be made within a maximum of thirty (30) days. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in case of non-delivery within this time, they may terminate the contract. The SELLER will reimburse, without undue delay from receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same payment method as that used by the CUSTOMER to purchase the PRODUCTS.

The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of damage or partial losses noted during delivery.

We ship worldwide with two different shipping services. The difference between the two is the speed of delivery and the price. You can choose the best option for you. The delivery services are as follows:

– Colissimo  – UPS – Colissimo by Relay Points

Colissimo is our standard partner for online orders. Delivery is free with Colissimo from 150 euros of purchase (VAT included) if CUSTOMERS’s delivery countries are in the EU or from 250 euros outside the E.U.

Customs Duties – Taxes

Generally, small quantities of goods are not subject to customs duties and taxes. However, fees, import duties and taxes may be levied in your country. All additional taxes, customs duties or fees incurred during this shipment are your responsibility. For any information, we recommend contacting the local customs service before placing an order. In some countries, significant delivery delays may be due to customs formalities. sometimes taking up to 21 days. We have no control over this. If you have questions, contact us here or by phone +33 1 83 87 25 98.