INSOLENT
\u00ab Be excellent. Be Insolent. \u00bb<\/p>\n\n
1.1. These general terms and conditions of sale (the \u201cConditions of Sale\u201d) shall apply to all orders (each an \u201cOrder\u201d and together the \u201cOrders\u201d), all sales of products and all related services, including delivery, after-sales services and any other ancillary services, supplied by INSOLENT (the \u201cSeller\u201d) to its business customers (each a \u201cCustomer\u201d) through the eShop available at www.insolent-hair.com<\/a> (the \u201ceShop\u201d).<\/p>\n\n 1.2. These Conditions of Sale shall be systematically provided or made available to each Customer. The Customer acknowledges that it has read and understood these Conditions of Sale. By placing an Order, the Customer fully and unconditionally accepts and agrees to be bound by the Conditions of Sale. <\/p>\n\n Unless otherwise mutually agreed in writing between the Seller and the Customer, any conflicting terms and conditions, including any general or special terms and conditions of the Customer and any purchase terms and conditions of the Customer, which deviate from or supplement these Conditions of Sale, shall not be binding upon the Seller and shall not apply to any Order.<\/p>\n\n Any failure by the Seller, at any time, to enforce any provision of these Conditions of Sale shall not be construed by the Customer as a waiver of the Seller\u2019s right to enforce that provision at a later date.<\/p>\n\n 1.3. The eShop is intended exclusively for customers acting for professional purposes. In order to place an Order, each Customer must create a user account on the eShop and provide evidence of its status as a professional customer. <\/p>\n\n 1.4. The Conditions of Sale shall apply to all subsequent sales between the Seller and the Customer, without any requirement for them to be expressly referred to or accepted again upon the conclusion of each individual sale.<\/p>\n\n 2.1. Each Order placed by a Customer shall be subject to the prices in force on the date on which the Order is accepted by the Seller. All listed prices are net prices, exclusive of taxes, any applicable duties or charges, including any levies and customs duties, and delivery costs. <\/p>\n\n Before placing each Order, the Customer is invited to contact the Seller to obtain details of the applicable prices.<\/p>\n\n 2.2. The Seller reserves the right to revise its prices at any time. If the Customer does not accept the revised prices, the Seller reserves the right not to accept or fulfil the Order to which such revised prices apply. <\/p>\n\n 3.1. All Orders must be placed by the Customer through the eShop.<\/p>\n\n 3.2. Any Order placed by the Customer shall be acknowledged by the Seller. Such acknowledgement shall solely confirm that the Seller has received the Order request and shall not constitute acceptance thereof. <\/p>\n\n 3.3. Orders shall become firm and binding only upon their acceptance by the Seller. Such acceptance may be given expressly, by written notice sent by email, or impliedly, through performance of the delivery. <\/p>\n\n 3.4. The Customer acknowledges that the Seller is under no obligation to accept any Order submitted to it. The Seller further reserves the right to cancel any Order within a reasonable period following its acceptance, including in the event of product unavailability, supply difficulties, any irregularity affecting the Order, or any breach by the Customer of any obligation owed to the Seller. <\/p>\n\n 3.5. Any amendment or cancellation of an Order by the Customer shall require the Seller\u2019s prior express written consent. Where an Order already accepted by the Seller is amended or cancelled, the Seller may charge the Customer for all costs and expenses incurred in connection with such amendment or cancellation, including, without limitation, transportation, customs clearance, storage and damage-related costs. <\/p>\n\n 4.1. Except in the event of server unavailability or an IT issue affecting the eShop, Orders shall be paid for through the eShop exclusively by means of a bank card belonging to the Carte Bleue network (Carte Bleue, Visa and Mastercard cards accepted in France, as well as E-carte Bleue cards accepted in France).<\/p>\n\n 4.2. All payments shall be made in euros (\u20ac).<\/p>\n\n 4.3. Payment shall be made immediately upon placement of the Order. The Seller reserves the right to verify that payment has been received in full before proceeding with delivery of the Order. Payment shall only be deemed to have been made once the relevant amount has been effectively credited to the Seller\u2019s account. <\/p>\n\n 4.4. No discount shall be granted by the Seller in the event of early payment.<\/p>\n\n 4.5. Pursuant to Article L. 441-10 of the French Commercial Code, any total or partial failure by the Customer to comply with its payment obligations, or any delay in payment, shall automatically and without prior notice result in late-payment interest becoming due at a rate equal to three (3) times the legal interest rate. Such interest shall accrue from the payment date specified on the invoice until the date on which all amounts due to the Seller have been paid in full. The Seller shall also be entitled to claim the fixed compensation of forty (40) euros for recovery costs provided for under Articles L. 441-10 and D. 441-5 of the French Commercial Code. This fixed compensation shall be without prejudice to any additional costs incurred by the Seller in recovering its invoices, which shall be reimbursed by the Customer upon presentation of supporting documentation. <\/p>\n\n 5.1. The products are sold subject to retention of title. Accordingly, the Seller shall retain title to the products until all amounts owed by the Customer to the Seller have been paid in full.<\/p>\n\n 5.2. This retention of title provision shall not prevent the transfer to the Customer, upon delivery of the products to the carrier in accordance with these Terms and Conditions of Sale, of all risks relating to the products and any damage that they may cause, irrespective of the cause of such damage, including in the event of force majeure.<\/p>\n\n 5.3. If any products subject to retention of title are resold by the Customer, the Seller\u2019s rights shall automatically attach to the Customer\u2019s claim for payment of the price of the products so resold. The Customer hereby assigns to the Seller, with immediate effect, all receivables arising from the resale of unpaid products subject to retention of title. <\/p>\n\n If the Customer becomes subject to safeguard, judicial reorganisation or judicial liquidation proceedings, the Seller may claim the products in accordance with the applicable statutory and regulatory provisions. If the Seller claims the products as a result of total or partial non-payment, any products held in stock by the Customer or any of its subcontractors shall be deemed to correspond to the Seller\u2019s outstanding receivables. In accordance with Articles L. 624-9 and L. 624-16 of the French Commercial Code, and notwithstanding any provision to the contrary, this retention-of-title provision shall be enforceable against the Customer. The Customer hereby expressly authorises the Seller to arrange for an inventory to be drawn up and\/or for any unpaid products held by the Customer to be placed in escrow. Any deposits previously paid shall remain vested in the Seller in full. <\/p>\n\n 6.1. Orders may be delivered in France and internationally to the address specified by the Customer.<\/p>\n\n 6.2. Delivery costs shall be calculated according to the delivery method selected by the Customer.<\/p>\n\n 6.3. The Seller reserves the right to make partial deliveries.<\/p>\n\n 6.4. Any delivery times stated by the Seller are estimates only and are provided for information purposes. Where applicable, the delivery period shall commence on the date on which the Order is accepted by the Seller or, if later, on the date on which payment is received. <\/p>\n\n 6.5. Delivery periods shall automatically be suspended in the event of any delay resulting from circumstances beyond the Seller\u2019s control that have the effect of delaying delivery, including in the event of force majeure, as defined in Article 11.<\/p>\n\n Any amendment to an Order accepted by the Seller shall result in a corresponding extension of the delivery period.<\/p>\n\n Any delay in delivery shall not entitle the Customer to cancel the sale and\/or refuse the products. If the Customer refuses delivery, the Customer shall bear all associated risks and shall, in any event, remain liable for the price of the Order and the delivery costs. <\/p>\n\n 6.6. The Seller undertakes to deliver the Orders subject to product availability and provided that it has itself been supplied by its suppliers and\/or subcontractors in due time.<\/p>\n\n 6.7. The Seller shall not be liable for any delay in delivery. Accordingly, the Customer shall not be entitled to claim any compensation in respect thereof. <\/p>\n\n 7.1. The Customer shall be solely responsible for inspecting the condition of the products upon receipt of the delivery. At the time of delivery, the Customer shall inspect the products and verify their accuracy and completeness against the Order accepted by the Seller, as well as the condition of the products delivered. <\/p>\n\n 7.2. The Customer shall have forty-eight (48) hours from receipt of the products to submit to the Seller a substantiated claim relating to any defect or non-conformity, by email to: wilfrid@insolent-hair.com<\/a>. If the Customer accepts the delivery without reservation or fails to submit a claim within this period, the Order shall be presumed to have been delivered in perfect condition. <\/p>\n\n 8.1. All risks relating to the products ordered shall pass to the Customer when the products are handed over to the carrier by the Seller or, where applicable, by any of its subcontractors.<\/p>\n\n 8.2. Where applicable, the Customer shall bear all risks relating to the products during their return, irrespective of whether such return occurs in connection with an amendment to or cancellation of the Order, at the time of delivery or thereafter, and following the Seller\u2019s prior express written consent.<\/p>\n\n 9.1. The welds and screws of the scissors sold by the Seller are covered by a contractual warranty against any manufacturing defect or defect in materials for the lifetime of the scissors, commencing on the date of delivery.<\/p>\n\n 9.2. The combs and leather cases sold by the Seller, as well as the cutting edges of the scissors sold by the Seller, are covered by a contractual warranty against any manufacturing defect or defect in materials for a period of two (2) years from the date of delivery.<\/p>\n\n\n
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