General Terms and Conditions of Sale

ARTICLE 1 - Scope of Application

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by LA MAISON LIGHTNING ("the Seller") with consumers and non-professional buyers ("The Clients or the Client"), wishing to acquire the products offered for sale by the Seller ("The Products") on the website https://hautecouturecolors.com.

They specify in particular the conditions of order, payment, delivery, and management of any returns of Products ordered by the Clients. These General Terms and Conditions of Sale may be supplemented by special conditions, as stated on the website, before any transaction with the Client. These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to sales in stores or through other distribution and marketing channels.

They are accessible at any time on the website https://hautecouturecolors.com and will prevail, where applicable, over any other version or any other contradictory document.

These General Terms and Conditions of Sale may be subject to subsequent modifications; the version applicable to the Client's purchase is the one in force on the website at the date of placing the order. Changes to these General Terms and Conditions of Sale are binding on the users of the website https://hautecouturecolors.com as of their posting online and cannot be applied to transactions concluded previously.

ARTICLE 2 - Products Offered for Sale

The Products offered for sale on the website https://hautecouturecolors.com are notably the following:

• Dyes;

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website https://hautecouturecolors.com.

The Client is required to take note of them before placing any order. The choice and purchase of a Product is the sole responsibility of the Client.

The photographs and graphics presented on the website https://hautecouturecolors.com are not contractual and do not engage the responsibility of the Seller. The Client is required to refer to the description of each Product to know its properties, essential features, and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the contract offered.

Contractual information is confirmed at the latest when the order is validated by the Client.

ARTICLE 3 - Duration of the Product Offer

Product offers are valid within the limits of available stocks, as specified when placing the order.

ARTICLE 4 - Seller's Contact Information

The Seller's contact details are as follows:

LIGHTNING DEVELOPPEMENT, SASU, with a capital of 10,000 euros
CHEMIN DU MAS DE L'AIR, 13440 CABANNES

809 366 206 R.C.S. TARASCON
EU VAT number: FR62809366206

In accordance with the French Data Protection Act of January 6, 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into force on May 25, 2018, the Client has, at any time, the right to access, rectify, oppose, delete and port all of their personal data by writing, by mail and justifying their identity, to the Seller's address mentioned above.
The Client acknowledges having the required capacity to contract and acquire the Products offered on the website https://hautecouturecolors.com.

ARTICLE 5 - Orders

5-1. Placing an Order

It is the Client's responsibility to select the Products they wish to order on the website https://hautecouturecolors.com, according to the following procedures:

The offer consists of the products presented online, subject to available stock. No minimum order is required.

The Client has the opportunity to check the details of their order, its total price, and correct any errors before confirming acceptance. It is the Client's responsibility to verify the accuracy of the order and to immediately report or correct any errors.

The registration of an order on the website https://hautecouturecolors.com is completed when the Client accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. This validation implies acceptance of all these General Terms and Conditions of Sale as well as the general terms of use of the website https://hautecouturecolors.com.

The sale is only final after the Seller sends the Client confirmation of acceptance of the order by email, which must be sent without delay, and after full payment has been received. Any order placed, validated by the Client, and confirmed by the Seller, under the conditions and according to the procedures described above, on the website https://hautecouturecolors.com constitutes the formation of a contract concluded remotely between the Client and the Seller.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client. The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order. The Client can track the progress of their order on the website https://hautecouturecolors.com.

5-2. Modification of the Order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

5-3. Cancellation of the Order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except by exercising the right of withdrawal or in cases of force majeure.

ARTICLE 6 - Pricing

The Products are provided at the prices in effect listed on the website https://hautecouturecolors.com, when the order is recorded by the Seller. Prices are expressed in Euros, excluding or including taxes. The prices take into account any discounts that may be granted by the Seller on the website https://hautecouturecolors.com.

These prices are firm and non-revisable during their validity period, as indicated on the website https://hautecouturecolors.com. The Seller reserves the right to modify the prices at any time outside this validity period. They do not include processing, shipping, transportation, and delivery costs, which are billed in addition, under the conditions indicated on the website https://hautecouturecolors.com and calculated prior to placing the order.

If the Client requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as indicated at the time of order validation by the Client, are fully at their expense.

The payment requested from the Client corresponds to the total amount of the purchase, including these fees. An invoice is prepared by the Seller and given to the Client upon delivery of the ordered Products.

ARTICLE 7 - Payment Terms

The price is payable in full at the time of order placement by the Client, by secure payment, according to the following methods: by credit cards: Carte Bancaire, Visa, MasterCard, other credit cards, or via PayPal.

Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the Client can request the cancellation of the payment and the refund of the corresponding amounts. Payment data is exchanged in encrypted mode using the PAYBOX SYSTEM 3D SECURE protocol. Payments made by the Client will only be considered final after actual receipt of the amounts due by the Seller.

ARTICLE 8 - Delivery

The Products ordered by the Client will be delivered in mainland France within a period of 2 to 5 days, depending on the chosen delivery method (excluding holidays and weekends) from the date the order is processed, which will be confirmed by email to the Client.

Delivery is constituted by the transfer to the Client of physical possession or control of the Product. Except in special cases or the unavailability of one or more Products, the Products ordered will be delivered in a single delivery.

The Seller agrees to make every effort to deliver the Products ordered by the Client within the timeframes specified above. However, these timeframes are provided as an indication. If the Products ordered have not been delivered within 10 days after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale may be terminated at the Client's written request under the conditions set out in Articles L 216-2, L 216-3, L241-4 of the Consumer Code. The amounts paid by the Client will then be refunded no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.

In the event of non-conformity of the delivered Product, the Seller agrees to remedy or refund the Client as indicated in the article "Seller's Liability - Warranty."

The Seller bears the transport risks and is responsible for reimbursing the Client for any damage caused during transport.

If the Client makes a specific request regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing based on a previously accepted quote by the Client.

The Client is required to check the condition of the delivered products. They have 72 hours from the delivery to report in writing (postal mail, email) any reservations or claims for non-conformity or apparent defects of the delivered Products (e.g., damaged or already opened package), with all relevant supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defect, and no claim will be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at its expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided in Articles L 217-4 and following of the Consumer Code and those provided in these General Terms and Conditions of Sale (see guarantees, in particular).

ARTICLE 9 - Transfer of Ownership - Transfer of Risk

The transfer of ownership of the Seller's Products to the Client will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration related thereto will only be realized when the Client physically takes possession of the Products. The Products therefore travel at the Seller's risk.

ARTICLE 10 - Right of Withdrawal

In accordance with current legal provisions, the Client has a period of fourteen days from the receipt of the Product to exercise their right of withdrawal from the Seller, without having to justify reasons or pay penalties, for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days (14 days at most following the communication of the decision to withdraw) following the notification to the Seller of the Client's decision to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing them to be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled, or incomplete Products are not taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on the website https://hautecouturecolors.com, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Client by the Seller, or any other unambiguous statement expressing the will to withdraw.

In the event of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remain the Client's responsibility. The refund will be made within 14 days (at most 14 days) from the notification to the Seller of the decision to withdraw.

This right of withdrawal is, however, excluded, in accordance with Article L. 221-28 4° of the Consumer Code, regarding the supply of goods that are likely to deteriorate or expire rapidly

ARTICLE 11 - Seller's Responsibility - Warranty

The Products sold on the website https://hautecouturecolors.com comply with the regulations in force in France and have performance levels compatible with non-professional uses.

The Products provided by the Seller automatically benefit, free of charge and independently of the right of withdrawal, from the legal warranty of conformity, for Products that are apparently defective, damaged, or damaged or not corresponding to the order. The legal provisions relating to the conformity guarantee are recalled in these general terms and conditions of sale, which the Client expressly declares to have read.

The Seller expressly reminds that under the legal provisions, specifically Article L.217-4 of the Consumer Code, the Seller is liable for "conformity defects existing at the time of delivery of the goods."

Consequently, defects resulting from improper use of the Products and/or poor maintenance are not covered by this legal conformity warranty.

Specifically excluded, as they are not considered conformity defects existing at the time of delivery, are defects related to limescale and lack of maintenance of a machine.

An instruction and maintenance manual is systematically provided to the Client for any purchase.

• From the legal warranty against hidden defects resulting from a defect in material, design, or manufacture affecting the delivered products and rendering them unfit for use, under the conditions and according to the terms specified in the box below and defined in the annex to these General Terms and Conditions of Sale (Conformity Warranty / Hidden Defects Warranty).

To assert their rights, the Client must inform the Seller in writing of the non-conformity of the Products within a maximum period of 8 days from the delivery of the Products or the discovery of hidden defects within the above-mentioned deadlines and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions...).

The Seller will reimburse, replace, or repair the Products or parts under warranty deemed non-compliant or defective. Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of supporting documents.

Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and no later than 15 days following the Seller's acknowledgment of the non-conformity or hidden defect. The refund will be made by crediting the Client's bank account or by bank check sent to the Client.

The Seller's liability cannot be engaged in the following cases:

• Non-compliance with the legislation of the country where the products are delivered, which the Client must verify,
• In case of misuse, use for professional purposes,
• Negligence or lack of maintenance by the Client, as well as in case of normal wear and tear of the Product, accident, or force majeure.

In this respect, an instruction manual is systematically provided to the client for any purchase of a machine requiring specific processes or specific maintenance.

The Seller's warranty is, in any case, limited to the replacement or reimbursement of non-compliant or defective Products.

The Seller will not be responsible in the event of non-performance or improper performance of the contract attributable either to the Client, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

ARTICLE 12 - Protection of Personal Data

In accordance with Law 78-17 of January 6, 1978, amended by Law No. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Client is necessary for processing their order and for issuing invoices, in particular.

This data may be communicated to the Seller's potential partners responsible for the execution, processing, management, and payment of orders. The processing of information communicated through the website https://hautecouturecolors.com complies with legal requirements regarding personal data protection, with the information system used ensuring optimal protection of this data.

In accordance with national and European regulations in force, the Client has a permanent right of access, modification, rectification, opposition, portability, and limitation of processing concerning the information about them. This right can be exercised under the conditions and according to the terms defined on the website https://hautecouturecolors.com.

ARTICLE 13 - Intellectual Property

The content of the website https://hautecouturecolors.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

ARTICLE 14 - Unforeseen Circumstances

In the event of a change in circumstances that were unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not accepted to bear an excessively onerous performance risk may request a renegotiation of the contract from its co-contractor

ARTICLE 15 - Force Majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.

ARTICLE 16 - Applicable Law - Language

These general terms and conditions of sale and the transactions resulting from them are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be considered authoritative in the event of a dispute.

ARTICLE 17 - Disputes

All disputes to which the purchase and sale transactions concluded in application of these general terms and conditions of sale could give rise, concerning both their validity, interpretation, execution, termination, consequences, and aftermath, and which could not be resolved between the seller and the client will be submitted to the competent courts under common law conditions.

The Client is informed that they may, in any case, resort to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, whose references appear on the website https://hautecouturecolors.com, or to any alternative dispute resolution method (such as conciliation) in case of a dispute.

The client, noting that a violation of the General Data Protection Regulation has been committed, has the possibility to mandate an association or organization mentioned in IV of Article 43 ter of the Data Protection Act of 1978, to obtain compensation from the controller or processor before a civil or administrative court or before the National Commission for Data Protection and Liberties.

ARTICLE 18 - Pre-contractual Information - Client Acceptance

The fact that a natural person (or legal entity) orders on the website https://hautecouturecolors.com implies full and complete adherence to and acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Client, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.