General Terms and Conditions of Sale

Article 1 – Definitions

The present general terms and conditions of sale (hereinafter "GTC") are offered by Cocoony.

The following definitions shall apply:

  • "Site": the website "https://cocoony-hair.com" and all its pages, which are the exclusive property of the Company.

  • "Products" or "Services": all products (goods) and services (benefits) that can be purchased or subscribed to on the Site.

  • "Seller": Cocoony, a legal or natural person offering their Products or Services on the Site.

  • "Customer": the internet user, whether an individual or a professional, who makes a purchase of Product(s) or Service(s) on the Site.

  • "Consumer", in accordance with the definition contained in the preliminary article of the Consumer Code: "any natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, or liberal professional activity."

Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to read these GTC carefully, print them, and/or save them on a durable medium before placing an order on the Site. The Customer acknowledges having read the GTC and accepts them in their entirety.

Article 2 – Application of the GTC and Purpose of the Site

The Seller reserves the right to modify the GTC at any time by publishing a new version on the Site. The GTC applicable to the Customer are those in force on the day of their order on the Site.

Legal information regarding the hosting provider and publisher of the Site, the collection and processing of personal data, and the terms of use of the Site are provided in the general terms of use, legal notices, and data charter of this Site.

This Site offers the online sale of women's products, accessories, and wellness items. Access to the Site is free and open to any Customer.

The acquisition of a Product or Service implies the Customer's acceptance of the entirety of these GTC, thereby acknowledging that they have fully read and understood them. This acceptance may consist of the Customer checking the box corresponding to the acceptance sentence of these GTC, such as: "I acknowledge that I have read and accepted all the general conditions of the Site." Checking this box will be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these GTC presupposes that Customers possess the necessary legal capacity. If the Customer is a minor or lacks legal capacity, they declare that they have the authorization of a guardian, curator, or legal representative.

The Customer recognizes the evidentiary value of the Seller's automatic registration systems and, unless contrary evidence is presented, waives the right to contest them in the event of a dispute.

Any Order of Products entails the unreserved acceptance of the Customer and their full and entire adherence to these general terms and conditions of sale, which prevail over any other document (catalogues, advertisements, instructions for use), unless expressly agreed otherwise in writing by the Company beforehand.

Article 3 – Customer Service

The customer service of this Site can be reached via email at the following address: kontakt@cocoony-hair.com, via a contact form, or by mail at the address indicated in the legal notice. The Customer must state their first name, last name, the subject of the request, and the Order number in the email.

For any professional inquiries (partnerships, media, contractual proposals), the Company can be reached exclusively via email at kontakt@cocoony-hair.com.

Article 4 – Methods of Concluding Orders and Description of the Purchase Process

The Products and Services offered are those appearing in the catalogue published on the Site. Each product is accompanied by a description prepared by the Seller based on descriptions provided by the supplier.

The photographs on the Site do not have contractual value and may differ significantly from the photographed models. These variations are due to the setting parameters of different screens and cameras, product lighting, shooting angles, etc.

The "Cart" is defined hereinafter as the immaterial object that gathers all the Products or Services selected by the Customer on the Site for purchase by clicking on these items. To place an order, the Customer selects the Product(s) they wish to order by adding them to their "Cart", the contents of which can be modified at any time.

The Customer places the Order through the Site: the Customer records and confirms the Order on the Site.

To place an Order on the Site:

  1. The Customer freely selects one or more Products from the Site's catalogue by clicking the "Add to Cart" button.

  2. On the "Cart" page, the Customer has the opportunity to check the details of their Order and correct any errors before confirming it.

  3. On the "Information" page, the Customer must enter their contact details. They can choose to track their Order via email by checking the designated box.

  4. On the "Delivery" page, the Customer must choose the shipping method offered to them.

  5. On the "Confirmation" page, the Customer must enter their banking details as well as the billing address. The Customer also has the option to enter a discount code if they have one.

A full summary of the Order will be displayed. The Customer can modify all elements of the Order before finalization. The Customer is responsible for any errors relating to the Order, Products, and contact details.

The sale is validly concluded when the Customer has confirmed the Order by clicking the "Complete my order" button, accepted the general terms and conditions of sale, and made the payment according to their chosen method, subject to the exercise of the right of withdrawal.

The date of confirmation of the Order corresponds to the date of receipt of the cash payment of the total price including VAT, duly recorded.

Article 5 – Price and Payment Methods

Unless otherwise stated, the prices appearing in the catalogue are indicated in euros, all taxes included (including VAT), taking into account the VAT in force on the day of the order and excluding any handling and shipping fees.

Cocoony reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price appearing in the catalogue on the day of the order will be the only one applicable to the Customer.

The Customer can place an order on this Site and make their payment via:

  • Credit/debit card

  • Bancontact

  • Apple Pay

  • PayPal

Bank card payments are carried out via secure transactions provided by an online payment platform provider. This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment provider receiving the Customer's payment.

In the event of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC do not begin to run until the date of actual receipt of the payment by the Seller, the latter being able to provide proof thereof by any means. The availability of the Products is indicated on the Site, in the description sheet of each Product.

Cocoony will archive purchase orders and invoices on a reliable and durable medium that constitutes a faithful copy. Computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery restrictions; orders can be shipped anywhere in the world. Delivery times indicated at the time of ordering are approximate and depend on potential delays from postal services or other specific circumstances preventing delivery (demonstrations, bad weather, etc.).

In the event of a Product delivery outside the European Union territory and French overseas territories, the Customer declares themselves as the importer of the Product and accepts that the Seller may, in such cases, be materially unable to provide precise information on the total amount of costs related to customs duties, formalities, or import taxes applicable in the country where delivery is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes in any case to deliver the Products within a maximum period of 30 days from the conclusion of the contract with a Consumer Customer.

  • Hand delivery: The Customer may refuse a package at the time of delivery if they notice an anomaly (damage, missing Product compared to the delivery slip, damaged package, broken Products, etc.); any anomaly must be imperatively indicated by the Customer on the delivery slip in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods.

  • Mailbox delivery: The Customer undertakes to inspect the package immediately and contact Cocoony customer support if they notice any anomaly. If the Customer fails to comply with these requirements, they cannot exercise their right of refusal, and the Seller will not be bound to act upon the Customer's request.

If the Customer's package is returned to the Seller by the Post Office or other postal providers, the Seller will contact the Customer upon receipt of the returned package to ask how to proceed with the order. If the Customer refused the package by mistake, they may request a new shipment by paying the postal costs for the new shipment in advance. Postal costs must also be paid for orders where shipping costs were free at the time of the order.

In the event of a delivery error or exchange (if the right of withdrawal applies, i.e., if the Customer is a Consumer and the contract allows withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsy handling or incorrect maneuvering by the Customer cannot be attributed to the Seller.

Any delivery delay relative to the date or timeframe indicated to the Consumer Customer at the time of ordering, or failing any indication, beyond 100 days from the conclusion of the contract, may result in the cancellation of the sale at the initiative of the Consumer Customer. This must be requested in writing via registered letter with acknowledgment of receipt, if the Seller, after being called upon to make the delivery, has failed to do so. The Consumer Customer will then be refunded all sums paid, at the latest within 100 days from the date the contract was terminated. This clause does not apply if the delivery delay is due to a force majeure event.

Specific case of a package marked "delivered" but not received: If the Customer notices and informs the Seller that the package is not in the mailbox despite the tracking number indicating it is "delivered", customer service may request additional information as well as an official document from the Post Office responding to their claim regarding the corresponding tracking number. The Seller will then do everything possible to ensure Customer satisfaction by proposing, among other things, the immediate reshipment of the products at its own expense.

Article 7 – Right of Withdrawal and Withdrawal Form

The Consumer Customer has 100 business days from the date of receipt of the product to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalty, except for the return costs, within 100 days from the receipt by Cocoony of the refund request.

The Product must imperatively be returned in perfect condition, in its blister pack, and unused. The Consumer Customer can find a model withdrawal form below to send to Cocoony. It is understood that the Customer bears the costs of returning the Product in case of withdrawal.

It is recommended that the Customer performs the return using a trackable shipping solution. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an inquiry with postal services to locate it.

The refund will be made using the same payment method chosen by the Customer for the initial transaction, unless the Customer expressly agrees to the Seller using another payment method, provided that the refund does not incur costs for the Customer.

The Seller reserves the right to defer the refund until receipt of the Product or until the Customer has provided proof of shipment of the Product, whichever is earlier.

The Customer may be held liable for any depreciation of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product(s).

In accordance with Article L121-17 of the Consumer Code ("Hamon Law") of June 2014, the Consumer Customer can find a model withdrawal form below:

Article 8 – Product Warranty

Legal provisions to be reproduced:

  • The legal guarantee of conformity applies independently of any commercial warranty that may be provided.

  • The Consumer may decide to invoke the warranty against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code, unless the seller has stipulated that they are not bound by any warranty; in the event of activation of this warranty, the buyer has the choice between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.

  • The extension, suspension, or interruption of the limitation period cannot have the effect of extending the final limitation period beyond 20 years from the day the right arose, in accordance with Article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal guarantees provided by the Civil Code:

Legal Guarantee of Conformity

The Seller is required to deliver goods conforming to the contract concluded with the Consumer Customer and to answer for any lack of conformity existing at the time of delivery of the Product. The guarantee of conformity can be exercised if a defect exists on the day the Product is taken over.

 

Conversely, it will be up to the Customer to prove that the defect actually existed at the time the Product was taken over.

 

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. The seller may, however, not proceed according to the buyer's choice if this choice entails a cost manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. The seller is then required to proceed, unless impossible, according to the method not chosen by the buyer."

 

Legal Guarantee Against Hidden Defects

In the event of a lack of conformity of a delivered Product, it can be returned to the Seller, who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be refunded by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (specifically the return shipping costs of the Product) are then borne by the Seller.

Article 9 – Liability

The Seller, Cocoony, cannot be held liable for non-performance of the contract concluded due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller shall assume no liability for any indirect damages resulting from the present document, loss of business, loss of profit, damages, or costs that may arise.

The choice and purchase of a Product or Service are under the exclusive responsibility of the Customer. The total or partial inability to use the Products, notably due to equipment incompatibility, cannot give rise to any compensation, refund, or invoke the liability of the Seller, except in the case of a proven hidden defect, lack of conformity, defect, or exercise of the right of withdrawal if applicable (i.e., if the Customer is a Consumer Customer and the contract allows withdrawal), pursuant to Article L 121-21 of the Consumer Code.

The Customer expressly admits using the Site at their own risk and under their sole responsibility. In any case, Cocoony cannot under any circumstances be held liable for:

  • Any direct or indirect damage, notably regarding loss of profit, loss of earnings, loss of clientele, or data that may result, among other things, from the use of the Site, or conversely from the inability to use it.

  • A malfunction, unavailability of access, incorrect use, incorrect configuration of the Customer's computer, or the use of an uncommonly used browser by the Customer.

  • The content of advertisements and other links or external sources accessible to Customers from the Site.

The Seller's liability cannot be invoked if the characteristics of the Products differ from the visuals present on the Site or if the visuals are incorrect or incomplete.

Article 10 – Force Majeure

In accordance with Article 1218 of the Civil Code, events independent of the will of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, are considered cases of force majeure or fortuitous events, insofar as their occurrence renders the performance of obligations totally impossible.

The occurrence of a force majeure event will automatically suspend the performance of the Order.

Beyond a period of 90 calendar days, if the parties note the continuation of the force majeure event, the Order may be canceled by either party, and the sales contract terminated. To this end, the most diligent party will send the other a registered letter with acknowledgment of receipt terminating the said sales contract. The effective date of termination will be the date of the first presentation of the letter. In this case, neither party may demand compensation, unless both parties have agreed otherwise.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the authorization of their owners.

All texts, comments, works, illustrations, and images, whether visual or sound, reproduced on the Site are protected under copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, retransmit, or use for any reason, even partially, elements of the Site. Any simple link or hyperlink is strictly prohibited without the express written agreement of the Company. In any case, any link, even tacitly authorized, must be removed upon simple request from the Company.

Only the use of the Site for private purposes is permitted, subject to different or more restrictive provisions of the intellectual property code.

Any total or partial reproduction of the Company's catalogue is strictly prohibited. Any other use constitutes an infringement and is punished under the intellectual property code unless prior authorization is obtained. Any reproduction, representation, or adaptation of logos, textual, pictographic, or video content, without this list being limiting, is strictly prohibited and is akin to an infringement.

Any Customer found guilty of infringement may have their account terminated without notice or compensation, and without such termination constituting damage to them, without prejudice to any subsequent legal action against them at the initiative of the Seller or its agent.

The trademarks and logos present on the Site may be registered by Cocoony, or possibly by one of its partners. Any person performing their representation, reproduction, nesting, distribution, and redistribution incurs the penalties provided for in Article L.713-2 and following of the intellectual property code.

 

Article 12 – Processing of Personal Data

The Company collects Customer data for the purposes of:

 

  • a) Processing and following up on the Customer's Order on its Site; (and/or)

  • b) Being able to contact you regarding various events relating to the Company, including specifically Product updates and customer relationship management; (and/or)

  • c) Gathering information allowing us to improve the Site and our Products (notably through cookies).

The collected data is processed by the contracted providers of the Site in charge of packaging and distributing the ordered Products, as well as by the hosting provider, Shopify Inc., whose servers are protected and secured by a firewall.

 

The collected data is stored by the Company only for the time corresponding to the purposes of the collection indicated above, which in any case cannot exceed five years.

 

In accordance with Law No. 2018-493 of June 20, 2018 on personal data protection and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Customer has the right to access, modify, rectify, delete, or oppose their personal data for legitimate reasons.

The Customer can exercise their rights via email at kontakt@cocoony-hair.com.

Article 13 – User Comments and Other Suggestions

If the Customer sends ideas, suggestions, or other elements, whether online, via email, by mail, or otherwise (collectively, "comments"), whether at the request of the Company or not, the Customer grants the Company the right, at any time and without limitation, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comment that the Customer sends.

The Company is not and shall not be required to:

  1. Maintain the confidentiality of comments;

  2. Pay compensation to anyone for any comment provided;

  3. Respond to comments.

The Company may monitor, edit, or remove content that it, in its sole discretion, deems illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or criminally objectionable, or that violates any intellectual property right or these general terms and conditions of sale.

The Customer undertakes to write comments that do not violate the rights of third parties, including copyrights, trademarks, confidentiality, personality, or other personal or proprietary rights. The Customer undertakes not to write illegal, defamatory, offensive, or obscene content in their comments, and to ensure they do not contain computer viruses or other malicious software that could affect the operation of the Site or other linked websites. The Customer undertakings include not using a false email address, pretending to be someone else, or attempting to mislead the Company and/or third parties as to the origin of their comments.

The Customer is fully responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims any obligation toward comments published by the Customer or third parties.

Article 14 – Severability of Clauses

If a provision of the GTC is held to be illegal, void, or for any other reason unenforceable, then such provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of any remaining provisions.

These GTC replace all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable, or sublicensable by the Customer.

A printed version of the GTC and of all notices provided in electronic form may be requested in judicial or administrative proceedings connected to the GTC. The parties agree that all correspondence relating to these GTC will be drafted in the French language.

Article 15 – Applicable Law and Mediation

The general terms and conditions of sale are subject to French law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, blocked, stolen, or counterfeited bank card. In this context, no attempt at an amicable settlement will be accepted.

The fact that a clause of these general terms and conditions of sale becomes void and unenforceable cannot call into question the validity of the other provisions and does not release the Customer from the performance of their contractual obligations.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, subsidiaries, related companies, successors, assigns, board members, executives, agents, service providers, attorneys, suppliers, and employees from any claim or demand, including reasonable legal fees and court costs, caused by a third party due to or resulting from your use of the website or our products and services, your violation of the terms, or your violation of your admissions, agreements, declarations, warranties, and obligations contained herein.

National or cross-border disputes arising regarding the validity, interpretation, performance, or non-performance, interruption, or termination of this contract may be submitted to mediation at the Customer's request.

The ODR platform link provided by the European Commission: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, an approved mediator by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as the Consumer Mediator to facilitate the resolution of disputes between the Company and its Customers, for a duration of three years starting from 01.05.2019.

The European Commission website describes the mediation process used and allows Customers to submit a mediation request online accompanied by supporting documentation.

The dispute cannot, among other things, be handled by the Mediator if:

  • The Customer cannot prove that they have previously attempted to resolve their dispute directly with the Company through a written complaint.

  • The request is manifestly unfounded or abusive.

  • The dispute has been previously handled or is currently being handled by another mediator or by a court.

  • The consumer submitted their request to the mediator more than one year from their written complaint to the Company.

  • The dispute does not fall within their scope of competence.

Mediation is free of charge for the Customer. If the Customer employs an attorney, a third party of their choice, or an expert to defend them at any stage of the mediation, they shall bear the costs alone.

The Mediator cannot receive any instructions from the parties nor be remunerated based on the result.

Participation in mediation does not exclude the possibility of action before a court. The parties remain free to submit their dispute to a judge within the framework of applicable legal provisions. In the event of a dispute before a judge, jurisdiction is assigned to the competent French court.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, blocked, or stolen bank card, or a stolen or counterfeited check. In this context, no attempt at an amicable settlement will be accepted.

The fact that a clause of these general terms and conditions of sale becomes void and unenforceable cannot call into question the validity of the other provisions and will not release the Customer from the performance of their contractual obligations.

Parts Warranty

The warranty is limited to 100 days after the date of purchase under normal conditions of use and with the exception of a failure caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.