The terms and expressions hereafter will, when their first letter appears in upper case, have the meaning indicated below, unless specifically stipulated otherwise in the text of these Terms and Conditions:
Orders: refers to any order for Product(s) placed by a User via the Website.
Terms and Conditions of Use or TCU: refers to these terms and conditions.
Terms and Conditions of Sale or TCS: refers to the general terms and conditions of sale, which are accepted by the Customer without reservation prior to the validation of their Order.
Trade Section: refers to the dedicated Website area only open to Trade visitors.
Non-Trade Section: refers to the dedicated Website area open to Non-Trade visitors.
Login: refers to the username and password required in order to connect to the Website.
Non-Trade: means any Website visitor considered to be a consumer according to the meaning set out in the French consumer law ("Code de la Consommation").
Price: refers to the price of Products as published on the Website; these prices may be modified at the sole discretion of VELECTA PARAMOUNT.
Products: refers to the VELECTA PARAMOUNT products on the Web Site.
Trade: refers to a user of the Website who, cumulatively, is a wholesaler or distributor of professional hairdressing products and who is not a consumer as per the meaning set out in French consumer law ("Code de la Consommation").
Service: refers to the service provided by the Company to users for the purchase of Products on the Website.
Website: refers to the VELECTA PARAMOUNT commercial website accessible via the URL: www.velecta-paramount.com.
Company: refers to the company VELECTA PARAMOUNT SAS (simplified limited liability company) with a paid-up capital of € 410,624, whose head office is located at 50 rue Castagnary, 75015 PARIS, France, registered with the Paris registry of commerce and companies under the number 300 460 011, represented by its legal representative or other duly authorized representative, domiciled in that capacity at the said head office.
User: refers to any user whether Trade or Non-Trade, who purchases a Product or Products via the Website.
Visitor: refers to any person who visits the Website.
2. PURPOSE OF THE TCU - ACCEPTANCE AND MODIFICATION OF THE TCU
2.1. The purpose of these TCU is to set and specify the means and methods by which the Website is made available to any Visitor and the conditions of use of the said Website. They apply to and are legally binding on any Visitor and User when they visit and use the features of the Website.
2.2. All Users and Visitors declare having duly read and accepted without any reservation these TCU and to adhere to them in the strictest sense when visiting the Website or using its Services. The TCU are binding on any Visitor and User and have the value of a contract between them and the Company.
2.3. Any up-date/modification to these TCU may be made at the initiative of the Company at any time and without any requirement to notify the Users beforehand. The TCU that are binding on the Visitor and the User are those in force and published on the Website. Any breach of the TCU will fully justify the offending User's access to the Services being blocked.
3. WEBSITE FEATURES – CONDITIONS GOVERNING THE USE OF THE NON-TRADE SECTION AND THE TRADE SECTION – LIABILITY
3.1. The Website enables Visitors to access information concerning the different Products offered for sale by the Company (notably the model, price, features and technical information); it also enables the Users to access the Services in order to purchase the said Products according to the conditions set out in the TCS.
The technical information and features, together with any documents that may be accessible on the Website concerning the use and characteristics of the Products have no contractual value, the Company will however make every reasonable effort to avoid any error and to carry out any required up-dates. Moreover, it is the User's responsibility to ensure that the information found on the Website is in line with their needs.
3.2. The Website is made up of two distinct areas: the Non-Trade Section to which any Visitor may have access when visiting the Website and the Trade Section that is only accessible in the "Trade Section" area.
The use of the Non-Trade Section is conditional on the Visitor having registered on the Website during which procedure the latter will provide all useful information concerning them. A login and password will be sent to the newly registered Visitor to enable them to connect to the Website and place an Order.
Access to the information and use of the Services available in the Trade Section is conditional on a prior registration by the Visitor as a "Trade" professional. During this procedure, the Visitor will provide all necessary information concerning their identity and attest to being a "professional" as per the meaning given in French consumer law ("Code de la Consommation") that therefore applies to them. After completing this information for their registration for the Trade Section, the Company will either approve or refuse the said registration (including by verifying the said professional activity) without any such refusal giving rise to compensation of any kind. An email will be sent by the Company to inform of the approval or refusal. A login and password will be sent to the newly registered User to enable them to connect to the trade Section and place an order.
If the Visitor is a Trade professional, as understood in the terms of French consumer law, they shall undertake to only use the features of the Website Trade Section under the strict understanding that they do not act as a wholesaler or distributor of hairdressing products. Any Visitor who uses the features in an area to which they should not have access will be held liable for any consequences that may result from this (notably in terms of the applicable price or TCS); any sale that occurs in contravention of the said undertaking may not be cancelled or disputed by the User for this sole reason and this latter may not subsequently request the conditions of sale (including the price) applicable to Users of the other Section of the Website.
3.3. The Company may not be held responsible for any inopportune use of the Services provided by a third party using the User's identity and means of payment.
In order to ensure a safe and secure use of the Services by the User and to identify this latter based on the data that they have previously provided, the User will be given - after validation of their registration - a connection login and password.
The login and password are strictly personal and it is the responsibility of the User to ensure that they remain confidential. They are created, managed, modified and used under the sole responsibility of the User. The Company may not be held liable for any consequences relating to the login and/or password having been revealed to any third party. The Company will not accept any liability for any consequences arising from their fraudulent use by a third party and any paid Order placed through using the login and password will be executed. It will be up to the User to take action against the fraudulent user.
Should the User be aware that another person has access to or could have access to their User Account via their login and password, it is their responsibility to change these and to inform the Company without delay.
Furthermore, any consequences prejudicial to the Company or to any Third Party that may result from the disclosure or loss of the log-in/password by the User or their theft must be fully repaired by the latter.
4. ACCESSIBILITY OF THE WEBSITE AND THE SERVICES / MODIFICATION TO THE WEBSITE
The Services are only available via the Website and the User will therefore ensure having an internet connection that provides optimal access. The Company may not be held liable for any difficulty in terms of access to the Services or the Website or for any bug or other error that may arise during the placing of an Order following a disruption to the User's internet connection.
The Company will make every effort to ensure that the Website remains accessible 24/7. The Company accepts an obligation of means in terms of accessibility. In this respect, it may be necessary to temporarily suspend access to the Website and the Services if maintenance operations - whether to rectify a problem or for the development of the Website - so require and this without any obligation to give prior warning to the Users. Any interruption of access to the Website and the Services that arises due to a malfunction, to maintenance operations or a Website hosting problem may not give rise to any compensation to the Users.
The Company may not be held liable for any prejudicial consequences of any loss of data or program that may arise as the result of a technical failure, hosting problem or IT virus. It may not be held liable for any misappropriation of the User's data by any third party and by any means whatever when such data is being transmitted via the Website.
The Company may modify the features or any other content of the Website at their entire discretion without this being considered a prejudice for which a Visitor or User may receive compensation.
5. COMPLIANT AND FAIR USE OF THE WEBSITE AND SERVICES
The User and the Visitor must use or visit the Website and the Services in accordance with these terms and conditions and according to their destination and end-purpose; as such, it is prohibited to use the Website under any conditions or for any purpose deemed to be illicit, contrary to good public order, or contrary to the rights of any third party.
The Company may suspend the processing of an Order or cancel an Order in the event of a proven violation of these TCU, in which case the User will have no right to any compensation.
6. DATA PROCESSING
Visiting the Website is free and involves of no transmission of data, notably personal data.
However, in order to contractually formalise and execute an Order, the Company will collect certain data as communicated by the Users.
As such, the company is committed to comply with all of the obligations of the French law of 6 January 1978 known as the "computing and freedoms" law - including declarations, authorisations or official notices - in respect of any personal data that may be included in the data transmitted by the User. It further states having informed the physical persons concerned of the use that is made of the said personal data.
The User may exercise - as per the conditions laid down by the above law of 6 January 1978 - their right to access, modify, correct and delete any personal data by sending a letter to VELECTA PARAMOUNT at the following email address: email@example.com or the following postal address: VELECTA PARAMOUNT – ZAC DE LA GRANGE OUEST – 41200 ROMORANTIN - FRANCE. As proof of the true identity of the author, any such letter or email, the User shall attach a copy of a formal proof of identity to the said letter or email.
7. INTELLECTUAL AND INDUSTRIAL COPYRIGHT
The Company owns all the intellectual and/or industrial property rights concerned by the Website, including its overall ergonomics/structure and its content, such as and without this being considered an exhaustive list: the brand VELECTA PARAMOUNT, all texts and images, etc.
Any representation, reproduction, adaptation or distortion of any protected element of the Website within the meaning of the intellectual copyright law shall be liable to a penalty as applicable to acts of infringement or unfair competition.
9. AGREEMENT ON PROOF
The information transmitted via the Website (and in particular all electronic data) shall be considered fully binding between the parties and shall constitute an element of proof.
Moreover, the placement of an Order will respect the principle of "double click" as set out in the TCS. The User thus recognises that the functions of the Website, for any Order placed, constitute proof of their full agreement and consent for that Order to the same extent as any document signed by hand.
10. APPLICABLE LAW - JURISDICTION
The TCU are subject to French law. Any dispute relating to the interpretation, execution or modification of the TCU and to any visit to or use of the Website shall fall under the jurisdiction of the French Courts.