Article 1 – LEGAL NOTICE

 

The present website, accessible at the URL www.roots-shop.fr (the "Site"), is published by:

Ieroianni Sabrine, residing at 5 Hameau des Noisetiers, of French nationality, born on June 17, 1992, (hereinafter referred to as the "Operator").

The Site is hosted by Shopify Inc, located at 126 York St. Ottawa, ON K1N 5T5, Canada (phone: 02 43 49 75 52).

The Publication Director of the Site is Ieroianni Sabrine.

The Operator can be contacted at the following phone number 09 51 86 52 61 and at the following email address contact@roots-shop.fr.

 

Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

 

The General Terms and Conditions of Sale (the "General Terms and Conditions" or "GTC") apply exclusively to the online sale of products offered by the Operator on the website.

The GTC are made available to customers on the Site where they can be directly consulted, and can also be provided to them upon request by any means.

The GTC are binding on the customer, who acknowledges having read them and accepted them before placing an order. The confirmation of the order constitutes the buyer's acceptance of the GTC in effect on the day of the order, with the retention and reproduction of the GTC being ensured by the Operator.

 

Article 3 – PRODUCT DESCRIPTION

 

The Site is an online store offering cosmetic products specialized for hair (hereinafter referred to as the "Product(s)") accessible to any individual or entity using the Site (the "Customer").

 

The Products presented on the Site each have a description (provided by the supplier or accessible via a link on the manufacturer's website) outlining their essential characteristics. The photographs illustrating the products are not contractually binding. The product's user manual, if an essential item, is available on the Site or is provided at the latest with delivery. The Products comply with French laws and regulations in force.

 

The Customer remains responsible for the conditions and consequences of their access to the Site, including through the Internet. This access may involve payment to technical providers, such as Internet service providers, at the Customer’s expense. Furthermore, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.

 

The Customer acknowledges having verified that the computer configuration they are using is secure and functioning correctly.

 

Article 4 – CREATION OF THE CUSTOMER ACCOUNT

 

To place an order on the Site, the Customer must first create their personal customer account. Once created, the Customer must identify themselves using their username and personal, confidential password. It is the responsibility of the Customer not to disclose their username and password in accordance with the provisions of the PERSONAL DATA article of these General Terms and Conditions. Each Customer agrees to maintain strict confidentiality regarding their login details, acknowledging that they are solely responsible for access to the Service via their username and password, unless proven fraud. The Customer also agrees to immediately inform the Operator in case of loss, theft, or fraudulent use of their username and/or password.

 

After creating their personal customer account, the Customer will receive an email confirming the creation of their account.

 

The Customer agrees to:

• Provide true, accurate, and up-to-date information at the time of entering it into the registration form for the service, and in particular not to use false names or addresses, or addresses they are not authorized to use.
• Keep their registration data up to date to ensure that it is always true, accurate, and up to date.

 

The Customer also agrees not to make available or distribute illegal or reprehensible information (such as defamatory content or identity theft) or harmful content (such as viruses). If this is the case, the Operator will be able to suspend or terminate the Customer's access to the Site at their exclusive fault.

 

Article 5 – ORDERS

 

The Operator makes every effort to ensure optimal availability of its Products. Product offers are valid within the limits of available stock.

 

If despite the Operator’s best efforts, a product becomes unavailable after the Customer's order, the Operator will notify the Customer by email as soon as possible. The Customer will have the choice between:

• Delivery of a product of equivalent quality and price to the initially ordered product, or
• Refund of the ordered product's price no later than thirty (30) days from the payment of the amounts already paid.

 

It is agreed that, except for the refund of the unavailable product’s price, if this option is chosen by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to them.

 

Except as otherwise specified in these General Terms and Conditions and without prejudice to the statutory right of withdrawal provided by applicable law, the Customer's orders are final and definitive.

 

At the time of placing an order, the Customer must select the desired Products and add them to their cart by indicating the selected Products and quantities. The Customer has the option to check the details of their order and its total price and to go back to the previous pages to make corrections to the cart’s content before confirming it.

 

The Customer agrees to read the General Terms and Conditions in effect before accepting them and confirming the delivery and possible cancellation terms and fees before making payment for the order. The confirmation of the order signifies acceptance of the GTC and forms the contract.

 

A copy of these General Terms and Conditions as accepted by the Customer will be sent to them by email at the time of the order confirmation so that they can refer to it.

 

The contractual information related to the order (including the order number) will be confirmed by email in due course and at the latest at the time of delivery. The Operator strongly recommends the Customer print and/or store this order confirmation as proof. A digital invoice will be available to the Customer in their "my account" area. The Operator also recommends that the Customer print and/or store this invoice as proof.

 

Any email sent to the Customer regarding an order will be sent to the email address used by the Customer to identify themselves in their customer area.

 

The Operator reserves the right not to validate the Customer's order for any legitimate reason, including in the case where:

• The Customer does not comply with the applicable General Terms and Conditions when placing their order;
• The Customer’s order history shows outstanding amounts due from previous orders;
• One of the Customer’s previous orders is subject to an ongoing dispute;
• The Customer has not responded to a confirmation request for their order sent by the Operator.

 

Article 6 – PAYMENT METHODS AND SECURITY

 

The Customer expressly acknowledges that any order placed on the Site is a paid order, which requires payment of a price in exchange for the delivery of the ordered Product.

 

In any case, the Operator reserves the right to verify the validity of the payment before dispatching the order, by all necessary means.

 

The Operator uses the online payment solution Shopify Payments powered by Stripe.

 

Orders can be paid for using one of the following payment methods:

• Payment by credit card. Payment is made directly on the secure banking servers of the Operator's bank, and the Customer's banking details do not pass through the Site. The banking details provided during payment are protected by an SSL encryption method (Secure Socket Layer). In this way, these details are not accessible to third parties.

 

The Customer's order is recorded and validated upon acceptance of the payment by the bank.

 

The Customer’s account will be debited with the corresponding amount only when (i) the credit card details used have been verified and (ii) the debit has been accepted by the bank issuing the credit card.

 

The inability to debit the due amounts will result in the immediate nullity of the sale.

 

The credit card may be refused if it has expired, if it has reached the maximum spending limit allowed to the Customer, or if the entered details are incorrect.

 

If necessary, the order validated by the Customer will be considered effective only when the secure payment center has approved the transaction.

 

As part of control procedures, the Operator may request any necessary documents to finalize the Customer’s order. These documents will not be used for any other purpose.

 

Article 7 – PAYMENT OF THE PRICE

 

The price of the Products at the time of the order is indicated in euros, including taxes (TTC), excluding delivery and transport fees. In the case of a promotion, the Operator commits to applying the promotional price to any order placed during the promotional period.

 

The price is payable in euros (€) exclusively. The full price is due upon order confirmation. The prices proposed include any discounts or rebates the Operator may grant.

 

If delivery or transport fees apply, they will be added to the price of the Products and indicated separately before the Customer confirms the order. The total amount due from the Customer and its breakdown are indicated on the order confirmation page.

 

Article 8 – FORMATION OF THE CONTRACT

 

The contract between the Operator and the Customer is formed when the Customer sends the confirmation of their order.

 

The Customer’s attention is specifically drawn to the method of accepting an order placed on the Site. When the Customer places their order, they must confirm it by "double-clicking," meaning that after selecting the Products added to the cart, the Customer must check and, if necessary, correct the contents of their cart (identification, quantities of selected products, prices, delivery terms, and fees) before validating it by clicking "I confirm my delivery," then acknowledging acceptance of these General Terms and Conditions before clicking the "I pay" button, and finally confirming the order after filling in their banking details. The "double-click" constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes the Customer’s irrevocable and unconditional acceptance of the order.

 

The Operator archives communications, order forms, and invoices on a reliable and durable medium to form a true and lasting copy. These communications, order forms, and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by phone constitutes proof of all transactions made between the Operator and its Customers.

 

The order may be canceled by the Customer by registered letter with acknowledgment of receipt or in writing on another durable medium in the event of:

• Delivery of a Product that does not comply with the declared characteristics of the Product;
• Delivery beyond the deadline set in the order form or, in the absence of such a date, within thirty (30) days after the conclusion of the contract, after the Operator has been instructed to make the delivery within a reasonable additional period without result;
• Price increase not justified by a technical modification of the product imposed by the public authorities.

 

In these cases, the Customer may request a refund of the deposit paid, increased by legal interest from the date of receipt of the deposit.

 

The order may be canceled by the Operator in the event of:

• Refusal by the buyer to take delivery;
• Non-payment of the price (or balance of the price) at the time of delivery.

 

Article 9 – RESERVATION OF PROPERTY

 

The Operator remains the exclusive owner of the Products ordered on the Site until full payment of the price, including any shipping fees.

 

Article 10 – SHIPPING AND DELIVERY

 

The online sale offers presented on the site are reserved for consumers residing in France or, as applicable, in a member country of the European Union, and for deliveries in these same geographic areas.

 

The delivery means the transfer of physical possession or control of the Product to the Customer.

 

The Operator offers different delivery or delivery methods depending on the nature of the product:

• Colissimo Follow-up without signature from La Poste

The package containing the ordered and paid products is placed in the mailbox at the delivery address provided by the buyer.

In case the mailbox is too small, the Buyer or the recipient of the Order will receive a notice allowing them to pick up the package at the indicated location within 10 to 14 days.

• Colissimo Follow-up with signature from La Poste

If absent, the Buyer or the recipient of the order will receive a notice by email/SMS from the Colissimo delivery service, allowing them to pick up the ordered products at a nearby relay point or post office within 15 days.

• Mondial Relay

 

The Buyer of the Order will receive an email allowing them to pick up the package at the relay within the time indicated in the ROOTS email or by its carrier. Pickup at the relay is only possible with the presentation of the aforementioned email, identity document, and the Buyer’s signature.

 

The signature of the Buyer or recipient of the Order on the PDA serves as proof of delivery and receipt by the buyer or the recipient of the ordered products. No dispute regarding the delivery itself will be accepted if the claim was not made on the delivery slip.

 

The shipping fees are those specified during the order finalization and are accepted when the order is confirmed.

 

The Operator undertakes, in accordance with the delivery date indicated on the Site for each Product, to deliver the Products within a maximum of thirty (30) days after receiving the order.

 

The delivery times are announced in business days on the Site at the time of ordering. These times include order preparation and dispatch as well as the expected carrier delivery time.

 

The Operator undertakes to ship the Products in accordance with the times announced on each product page and at the checkout, provided the payment for the order has not been refused.

 

However, if one or more Products cannot be delivered within the initially announced timeframe, the Operator will send an email indicating the new delivery date.

 

The Products will be delivered to the address indicated by the Customer during their order. It is therefore the Customer's responsibility to ensure that this address is correct. The Operator’s responsibility cannot be engaged if the address provided by the Customer is incorrect, preventing or delaying the delivery.

Upon delivery, the Customer will be asked to sign a receipt slip.

Upon delivery, it is the Customer's responsibility to verify that the delivered Products match their order and that the package is sealed and undamaged. If this is not the case, the Customer must immediately indicate it on the delivery slip. No claim regarding the quantity or condition of the Product will be accepted if the claim was not made on the delivery slip.

 

Article 11 – RIGHT OF WITHDRAWAL

 

If a delivered Product does not fully satisfy the Customer, they may return it to the Operator. The Customer has fourteen (14) days to do so from the date of receipt of the order.

 

In accordance with Article L.221-21 of the Consumer Code and in order to exercise this right of withdrawal under the conditions of Articles L. 221-18 and following of the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking the link below [Link to the withdrawal form].

 

The Operator will send an acknowledgment of receipt of the Customer’s withdrawal request by email.

 

If applicable, the Customer may exercise their right of withdrawal by notifying the following information to the Operator:

• name, physical address, phone number, and email address;
• declaration of withdrawal via a clear statement (for example, a letter sent by mail, fax, or email once these details are available and appear on the standard withdrawal form). The Customer may use the withdrawal form template but it is not mandatory.

 

The return costs are borne by the Customer, unless the product cannot be normally returned by post, in which case the Operator will retrieve the Product at their expense.

 

The exceptions listed in Article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, particularly if the order is for a contract:

• for the provision of services fully executed before the end of the withdrawal period and where the execution began after the express prior consent of the consumer and the express waiver of their right of withdrawal;
• for the provision of goods or services whose price depends on fluctuations in the financial market beyond the professional’s control and which may occur during the withdrawal period;
• for the provision of goods made according to the consumer’s specifications or clearly personalized;
• for the provision of goods that may deteriorate or expire rapidly;
• for the provision of goods that have been unsealed by the consumer after delivery and cannot be returned for hygiene or health protection reasons;
• for the provision of goods which, after being delivered and by their nature, are mixed inseparably with other items;
• for the provision of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the professional’s control;
• for urgent maintenance or repair work at the consumer’s home specifically requested by them, limited to replacement parts and work strictly necessary to address the emergency;
• for the provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• for the provision of a newspaper, periodical, or magazine, except for subscription contracts to these publications;
• concluded during a public auction;
• for services of accommodation, other than residential accommodation, transportation of goods, car rentals, catering, or leisure activities to be provided on a specific date or within a specific period;
• for the provision of digital content not supplied on a physical medium whose execution began after the consumer’s express prior consent and waiver of their right of withdrawal.

 

The returned Product must be in its original packaging, in perfect condition, ready for resale, unused, and with all possible accessories.

 

In addition to the returned Product, the return package must also contain a letter stating the exact details (name, first name, address) and order number, along with the original purchase invoice.

 

The Operator will refund the Customer the amount of the Product within fourteen (14) days of receiving the Product and all elements necessary to process the refund. This refund may be made using the same payment method as the one used by the Customer. If the Customer paid for the order using vouchers/gift cards, they may be refunded by vouchers/gift cards at the Operator's discretion.

 

By accepting these General Terms and Conditions, the Customer expressly acknowledges being informed of the withdrawal procedures.

 

Article 12 – CUSTOMER SERVICE

 

The Customer can contact the Operator at:

• by phone at 09 51 86 52 61 on weekdays from 10:00 AM to 6:00 PM.

 

• by email at contact@roots-shop.fr specifying their name, phone number, the subject of their request, and the order number concerned.

 

Article 13 – INTELLECTUAL PROPERTY AND SITE USAGE LICENSE

 

The Operator is the sole owner of all elements on the Site, including, but not limited to, all texts, files, images (animated or not), photographs, videos, logos, designs, models, software, trademarks, visual identity, databases, site structure, and all other intellectual property elements and other data or information (hereinafter referred to as the "Elements") that are protected by French and international laws and regulations related to intellectual property.

 

As a result, none of the Elements on the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or exploited in any other way, whether for free or for a fee, by a Customer or a third party, regardless of the means and/or supports used, whether known or unknown at this time, without the prior express written permission of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

 

Moreover, it is specified that the Operator does not own the content uploaded by the Customers, for which they remain entirely responsible and guarantee the Company against any legal action in this regard. Customers grant the Operator a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use the intellectual property content they publish on the Site for the entire duration of the protection of these contents.

 

The Operator reserves the right to pursue legal actions against individuals who do not comply with the prohibitions set forth in this article.

 

ARTICLE 14 – LIABILITY

 

The Operator cannot be held responsible for non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to an unforeseen and insurmountable event from any third party.

 

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of data transmissions on the Internet. Therefore, the Operator does not guarantee that the Site will be free of interruptions or errors or that the Products will meet the Customer’s expectations.

 

Article 15 – PERSONAL DATA

 

The Customer’s personal data is collected and processed by the Operator in accordance with its Privacy Policy, available in the "Privacy Policy" section of the Site.

 

Article 16 – DISPUTES

 

In the event of a dispute, the Customer may contact the Operator’s Customer Service department for an amicable resolution. If no amicable solution is found, the dispute will be submitted to the competent French courts.

 

Article 17 – APPLICABLE LAW

 

The GTC are governed by and interpreted in accordance with French law. In case of a dispute, the courts of the jurisdiction in which the Site is located will have exclusive jurisdiction.

 

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

 

The Customer acknowledges having carefully read these General Terms and Conditions.

 

By registering on the Site, the Customer confirms having read and accepted the General Terms and Conditions, thereby becoming contractually bound by the terms of these General Terms and Conditions.

 

The General Terms and Conditions applicable to the Customer are those available on the date of the order, and a dated copy of them can be provided to the Customer upon request. It is therefore specified that any modifications to the General Terms and Conditions made by the Operator will not apply to any order placed prior to the modification, unless the Customer expressly agrees to the modified terms when placing a new order.

Last updated: 06/12/2024