GENERAL CONDITIONS OF SALE AND USE
THIS WEBSITE IS OPERATED BY BARTLIN.
SHYLOH IS EXCLUSIVELY RESERVED FOR FASHION AND BEAUTY PROFESSIONALS WITH A PHYSICAL STORE AND DULY REGISTERED WITH THE COMMERCIAL COURT.
SHYLOH RESERVES THE RIGHT TO REFUSE AND/OR SUSPEND, WITHOUT NOTICE OR JUSTIFICATION, ACCESS TO ITS SITE TO ANY PERSON.
THE MINIMUM PURCHASE IS €150 EXCLUDING TAX.
PREAMBLE:
ON THIS SITE, THE TERMS “WE”, “US” AND “OUR” REFER TO BARTLIN. BARTLIN OFFERS THIS WEBSITE, INCLUDING ALL INFORMATION, TOOLS, AND SERVICES AVAILABLE HEREIN TO YOU, THE USER, CONDITIONED ON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES, AND NOTICES STATED HERE. BY VISITING THIS SITE AND/OR PURCHASING ONE OF OUR PRODUCTS, YOU ENGAGE IN OUR “SERVICE” AND AGREE TO BE BOUND BY THE FOLLOWING TERMS (“GENERAL CONDITIONS OF SALE”, “GENERAL CONDITIONS OF SALE AND USE” , “TERMS”), INCLUDING ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR ACCESSIBLE BY HYPERLINK. THESE GENERAL CONDITIONS OF SALE AND USE APPLY TO ALL USERS OF THIS SITE, INCLUDING BUT NOT LIMITED TO USERS WHO BROWSE THE SITE, WHO ARE SELLERS, CUSTOMERS, MERCHANTS, AND/OR CONTENT CONTRIBUTORS. PLEASE READ THESE GENERAL CONDITIONS OF SALE AND USE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THIS SITE, YOU AGREE TO BE BOUND BY THESE GENERAL CONDITIONS OF SALE AND USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT ACCESS THE WEBSITE OR USE ANY SERVICES OFFERED THEREIN. IF THESE GENERAL CONDITIONS OF SALE AND USE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE GENERAL CONDITIONS OF SALE AND USE. ALL NEW FEATURES AND ALL NEW TOOLS THAT WILL BE LATER ADDED TO THIS SHOP WILL ALSO BE SUBJECT TO THESE GENERAL CONDITIONS OF SALE AND USE. YOU CAN CONSULT THE MOST RECENT VERSION OF THE GENERAL CONDITIONS OF SALE AND USE AT ANY TIME ON THIS PAGE. WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE GENERAL CONDITIONS OF SALE AND USE BY POSTING UPDATES AND/OR CHANGES ON OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE REGULARLY TO CHECK IF ANY CHANGES HAVE BEEN MADE. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF SUCH CHANGES. OUR SHOP IS HOSTED ON SHOPIFY INC. THEY PROVIDE US WITH THE E-COMMERCE PLATFORM THAT ALLOWS US TO SELL OUR PRODUCTS AND SERVICES TO YOU.
1/ ACCEPTANCE OF THE CONDITIONS:
THE CUSTOMER ACKNOWLEDGES BEING A PROFESSIONAL AND HAVE BEEN AWARE, AT THE TIME OF PLACING THE ORDER, OF THE SPECIAL CONDITIONS OF SALE STATED ON THIS SCREEN AND EXPRESSLY DECLARES TO ACCEPT THEM WITHOUT RESERVE.
THESE GENERAL CONDITIONS OF SALE GOVERN THE CONTRACTUAL RELATIONS BETWEEN SHYLOH AND ITS CUSTOMER, BOTH PARTIES ACCEPT THEM WITHOUT RESERVE.
THESE GENERAL CONDITIONS OF SALE WILL PREVAIL OVER ALL OTHER CONDITIONS APPEARING IN ANY OTHER DOCUMENT, UNLESS PRIOR, EXPRESS AND WRITTEN EXEMPTION.
SHYLOH RESERVES THE POSSIBILITY TO ADAPT OR MODIFY THESE GENERAL CONDITIONS OF SALE AT ANY TIME WITHOUT NOTICE.
IN THE EVENT OF ANY MODIFICATION, THE GENERAL CONDITIONS OF SALE IN EFFECT ON THE DAY OF THE ORDER WILL BE APPLIED TO EACH ORDER.
2/ PRODUCTS:
PHOTOGRAPHS AND DESCRIPTIONS ILLUSTRATING THE PRODUCTS DO NOT ENTER THE CONTRACTUAL FIELD.
IF ERRORS ARE INTRODUCED, UNDER NO CIRCUMSTANCES WILL SHYLOH BE LIABLE.
THE MAJORITY OF THE PRODUCTS OFFERED TO ITS CUSTOMERS BY SHYLOH ARE AVAILABLE IN OUR WAREHOUSE.
3/ ORDERS:
THE MINIMUM PURCHASE IS €150 excluding tax.
AUTOMATIC REGISTRATION SYSTEMS ARE CONSIDERED PROOF OF THE NATURE, CONTENT AND DATE OF THE ORDER.
AFTER VERIFICATION OF THE ORDER AND THE CUSTOMER HISTORY, SHYLOH MAY REQUEST PAYMENT OF A DEPOSIT BEFORE PREPARING THE ORDER.
SHYLOH RESERVES THE RIGHT TO CANCEL ANY ORDER FROM A CUSTOMER WITH WHOM A DISPUTE EXISTS RELATING TO THE PAYMENT OF A PREVIOUS ORDER OR A DOUBT ABOUT THE ADEQUACY OF THE ELEMENTS PROVIDED BY ALLEGED CUSTOMERS.
THE INFORMATION STATED BY THE BUYER WHEN PLACING THE ORDER IS BINDING ON THE BUYER: IN THE EVENT OF AN ERROR IN THE WORDING OF THE RECIPIENT'S CONTACT DETAILS, SHYLOH CANNOT BE HELD RESPONSIBLE FOR THE IMPOSSIBILITY IN WHICH IT MIGHT BE TO DELIVERY THE PRODUCT.
SHYLOH RESERVES THE RIGHT NOT TO CONFIRM AN ORDER FOR ANY REASON:
PROBLEM IN RELATION TO THE ORDER RECEIVED, PROBLEM IN SUPPLY OF ONE OR MORE PRODUCTS, FORESEEABLE PROBLEM IN RELATION TO DELIVERY, TECHNICAL PROBLEM....
THE CUSTOMER WILL BE CONTACTED BY SHYLOH BY TELEPHONE, MAIL OR ELECTRONIC MAIL.
ONCE THE ORDER VALIDATED, SHYLOH CONFIRMS ACCEPTANCE OF HER ORDER TO THE CUSTOMER AT THE ELECTRONIC MAIL ADDRESS THAT THE CUSTOMER WILL HAVE COMMUNICATED.
THE SALE WILL ONLY BE CONCLUDED UPON CONFIRMATION OF THE ORDER.
4/ DELIVERY:
THE DELIVERY TIME WILL BE INDICATED IN THE ORDER CONFIRMATION BUT IT WILL ALSO DEPEND ON THE METHOD OF PAYMENT YOU HAVE CHOSEN. IN FACT, FOR PAYMENTS BY CHECK, YOUR ORDER WILL ONLY BE SHIPPED UPON RECEIPT OF YOUR PAYMENT AND ITS VALIDATION BY THE BANKING ORGANIZATIONS.
AN ORDER CAN BE PAID AND COLLECTED IN-STORE.
IN THE CASE OF DELIVERY, DELIVERY COSTS WILL BE INDICATED IN THE ORDER CONFIRMATION ELECTRONIC MAIL.
AFTER CONFIRMATION OF THE ORDER, SHYLOH UNDERTAKES TO DELIVERY TO ITS CARRIER ALL ORDERED REFERENCES
BY THE CUSTOMER, WITHIN LIMITS OF AVAILABLE STOCKS.
THIS CARRIER AGREES BY CONTRACT WITH SHYLOH TO DELIVER THE ORDER TO THE CUSTOMER’S ADDRESS PROVIDED BY SHYLOH.
SHYLOH IS IN FACT RELEASE OF ANY LEGAL RESPONSIBILITY IF PAYMENT OF TAXES WAS NOT MADE BY THE CUSTOMER.
DELIVERY IN METROPOLITAN FRANCE WILL BE MADE BY DPD (EX-EXAPAQ) OR BY POST.
DELIVERY IS MADE WITHIN THE TIME SLOT PROVIDED BY THE CARRIER, BY DIRECT DELIVERY OF THE PRODUCT TO THE RECIPIENT ANNOUNCED AND AGAINST SIGNATURE.
POSSIBLE DELAYS DO NOT GIVE THE RIGHT TO THE BUYER TO CLAIM DAMAGES.
IF AT THE TIME OF DELIVERY, THE ORIGINAL PACKAGING IS DAMAGED, TORN, OR OPEN, YOU MUST CHECK THE CONDITION OF THE ITEMS.
IF THEY HAVE BEEN DAMAGED, THE CUSTOMER MUST REFUSE THE PACKAGE AND NOTE A RESERVATION ON THE DELIVERY SLIP (PACKAGE REFUSED BECAUSE OPEN OR DAMAGED).
ARE CONSIDERED AS A CASE OF FORCE MAJEURE RELIEFING SHYLOH FROM ITS OBLIGATION TO DELIVERY: WAR, RIOTS, FIRE, FLOOD, STRIKES, ACCIDENTS AND THE IMPOSSIBILITY OF BEING SUPPLIED.
THE GOODS ALWAYS TRAVEL AT THE CUSTOMER’S RISK.
THE CUSTOMER MUST ALWAYS CHECK THEIR PACKAGES UPON ARRIVAL. THE CUSTOMER HAS A PERIOD OF 48 HOURS TO MAKE ANY RESERVATIONS WITH THE CARRIER IN THE EVENT OF ANY FAILURE OR DEGRADATION.
FOR REASONS OF AVAILABILITY, AN ORDER MAY BE DELIVERED IN SEVERAL TIMES TO THE CUSTOMER.
IF THE CUSTOMER WANTS 2 DELIVERY LOCATIONS, THEY WILL NEED TO PLACE 2 ORDERS.
NO DELAY IN DELIVERY CANNOT JUSTIFY TERMINATION OF THE ORDER, GIVE RISE TO PENALTY, OR CANCELLATION OF THE ORDER, UNLESS OTHERWISE ACCEPTED BY SHYLOH.
ANY ORDER PARTIALLY DELIVERED OR COMPLETED CANNOT BE CANCELED.
IF THE COLLECTION OF THE GOODS IS THE RESPONSIBILITY OF THE CUSTOMER, THE FAILURE OF COLLECTION AFTER MAKING AVAILABLE AUTHORIZES SHYLOH TO RETURN THE GOODS FOR SALE, OR, AT THE SOLE CHOICE OF THE SELLER, TO PRONOUNCE THE RESOLUTION OF THE ENTIRE RIGHTS AND WITHOUT SUMMATION. SALE AFTER EXPIRATION OF THE TERM PROVIDED FOR WITHDRAWAL.
THE TRANSFER OF RISKS AND RESPONSIBILITY FOR THE PRODUCTS SOLD TAKES PLACE AT THE TIME OF DEPARTURE FROM OUR PREMISES, REGARDLESS OF THE MODE OF TRANSPORT AND THE CONDITIONS OF PAYMENT.
5/ PRICE:
SHYLOH RESERVES THE RIGHT TO MODIFY ITS PRICES AT ANY TIME WITHOUT NOTICE BUT SHYLOH UNDERTAKES TO APPLY THE CURRENT RATES WHICH WOULD HAVE BEEN INDICATED ON THE SITE AT THE TIME OF PLACING THE ORDER.
THE PRICE IS EXPRESSED IN EUROS.
THE PRICE INDICATED ON THE PRODUCT SHEETS DOES NOT INCLUDE TRANSPORT. THE PRICE INDICATED IN THE ORDER CONFIRMATION IS THE DEFINITIVE PRICE, EXCLUDING TAXES. THIS PRICE INCLUDES THE PRICE OF THE PRODUCTS, THE COSTS OF HANDLING, PACKAGING AND STORAGE OF THE PRODUCTS.
6/ PAYMENT:
THE PRICE INVOICED TO THE CUSTOMER IS THE PRICE INDICATED ON THE ORDER CONFIRMATION SENT BY SHYLOH.
THE PRICE OF THE PRODUCTS IS PAYABLE IN CASH ON THE DAY OF THE ACTUAL ORDER.
IN CASE OF DELIVERY, THE CUSTOMER CAN PAY:
- EITHER BY BANK TRANSFER (ALL BANK FEES MUST BE BORNE BY THE CUSTOMER),
- OR BY BANK CARD
THE ORDER VALIDATED BY THE CUSTOMER WILL ONLY BE CONSIDERED EFFECTIVE WHEN THE BANK PAYMENT CENTERS CONCERNED HAVE GIVE THEIR AGREEMENT. IF SAID CENTERS REFUSAL, THE ORDER WILL BE AUTOMATICALLY CANCELED AND THE CUSTOMER NOTIFIED BY EMAIL.
ALSO, SHYLOH RESERVES THE RIGHT TO REFUSE ANY ORDER FROM A CUSTOMER WITH WHOM A DISPUTE EXISTS.
A PAYMENT WILL ONLY BE CONSIDERED AS RELEASED ONLY AFTER COMPLETION OF COLLECTION.
7/ DISPUTES:
THIS CONTRACT IS SUBJECT TO FRENCH LAW.
SHYLOH CANNOT BE HELD LIABLE FOR DAMAGES OF ANY NATURE, WHETHER MATERIAL, IMMATERIAL OR BODILY, WHICH COULD RESULT FROM MALFUNCTIONING OR MISUSE OF THE MARKETED PRODUCTS.
THE SAME APPLIES TO ANY MODIFICATIONS TO THE PRODUCTS RESULTING FROM THE MANUFACTURERS.
SHYLOH'S LIABILITY WILL, IN ANY CASE, BE LIMITED TO THE AMOUNT OF THE ORDER AND CANNOT BE CLAIMED FOR SIMPLE ERRORS OR OMISSIONS WHICH MIGHT HAVE EXISTED DESPITE ALL THE PRECAUTIONS TAKEN IN THE PRESENTATION OF THE PRODUCTS.
IN THE EVENT OF A DISPUTE, THE CUSTOMER WILL CONTACT SHYLOH PRIORLY TO OBTAIN AN AMICABLE SOLUTION.
FAILING THIS, THE PARIS COURT HAS SOLE JURISDICTION, REGARDLESS OF THE PLACE OF DELIVERY AND METHOD OF PAYMENT ACCEPTED.
MINORS: SHYLOH RECALLS THAT MINORS DO NOT HAVE THE CAPACITY TO CONTRACT.
ANY PERSON ORDERING ON THE SITE THEREFORE AGREES TO BE OF LEGAL AGE.
8/ GUARANTEES:
SHYLOH GUARANTEES THAT ALL PRODUCTS ARE SELECTED WITH CARE AND CHECKED.
ALL OUR PRODUCTS BENEFIT FROM 7 DAYS GUARANTEE FROM THE DAY OF DELIVERY.
IN ALL CASES, SHYLOH CANNOT BE HELD RESPONSIBLE FOR NON-COMPLIANCE WITH THE REGULATORY AND LEGISLATIVE PROVISIONS IN FORCE IN THE RECEIVING COUNTRY.
SHYLOH'S RESPONSIBILITY IS SYSTEMATICALLY LIMITED TO THE VALUE OF THE PRODUCT IN QUESTION, VALUE ON ITS DATE OF SALE, WITHOUT POSSIBILITY OF RECOURSE AGAINST THE BRAND OR COMPANY PRODUCING THE PRODUCT.
IN ANY HYPOTHESIS, THE CUSTOMER BENEFITS FROM THE LEGAL GUARANTEE OF EVICTION AND HIDDEN DEFECTS (ART. 1625 ET SEQUENT OF THE CIVIL CODE).
PROVIDED THAT THE BUYER PROVIDES PROOF OF THE HIDDEN DEFECT, THE SELLER MUST LEGALLY REPAIR ALL THE CONSEQUENCES (ART. 1641 ET SEQUENT OF THE CIVIL CODE); IF THE BUYER APPROACHES TO THE COURTS, HE MUST DO SO WITHIN A “SHORT TIME” FROM THE DISCOVERY OF THE HIDDEN DEFECT (ART.1648 OF THE CIVIL CODE).
NO WARRANTY IS DUE WHEN THE DEFECT OR DETERIORATION RESULTS FROM AN EVENT QUALIFYING WITH FORCE MAJEURE. LIKEWISE, NO WARRANTY IS DUE WHEN THE DEFECT OR DETERIORATION RESULTS FROM IMPROPER USE OR MAINTENANCE OR IMPROPER TREATMENT OF THE GOODS BY THE CUSTOMER.
YOU CAN CONTACT CUSTOMER SERVICE 7 days a week BY EMAIL: HELLO@SHYLOH.FR
9/ RESERVATION OF OWNERSHIP CLAUSE
IN APPLICATION OF LAW 80.335 OF MAY 12, 1980, THE TRANSFER OF OWNERSHIP OF THE GOODS DELIVERED AND INVOICED IS SUSPENDED UNTIL FULL PAYMENT OF THE PRICE (APPLICABLE IN RIGHT OF CLAIM EVEN IN THE CASE OF RECOVERY OR JUDICIAL LIQUIDATION). EMARGEMENT ON THE CARRIER'S SLIP IS EQUIVALENT TO ACCEPTANCE OF THIS RESERVATION OF OWNERSHIP WHICH CANNOT BE MENTIONED. BY EXCEPTION TO ARTICLE 1583 OF THE CIVIL CODE, THE SHIPPING (OR TAKEN OF POSSESSION) TRANSFERS THE RISKS TO THE CUSTOMER.
10/ NULLITY OF A CLAUSE
IF ONE OF THE CLAUSES OF THESE GENERAL CONDITIONS IS VOID OR CANCELED, IT WILL NOT AFFECT THE APPLICATION OF THE OTHER CLAUSES.
11/ RETURN
RETURNS CAN ONLY BE MADE LESS THAN 3 DAYS AFTER DELIVERY.
ANY RETURN OF PRODUCT MUST BE THE SUBJECT OF A FORMAL AGREEMENT BETWEEN SHYLOH AND THE CUSTOMER.
ANY PRODUCT RETURNED WITHOUT THIS AGREEMENT WILL BE HELD AT THE CUSTOMER'S DISPOSAL AND WILL NOT GIVE RISE TO THE ESTABLISHMENT OF AN ASSET. THE COSTS AND RISKS OF THE RETURN ARE ALWAYS BORNE BY THE CUSTOMER.
ANY RETURN ACCEPTED BY SHYLOH WILL RESULT IN THE CONSTITUTION OF A CREDIT FOR THE CUSTOMER'S BENEFIT TO BE VALID ON THE NEXT ORDER, AFTER QUALITATIVE VERIFICATION (NEW ITEMS IN THEIR ORIGINAL PACKAGING, INTACT, ACCOMPANIED BY ALL ACCESSORIES) AND QUANTITATIVE VERIFICATION OF THE RETURNED PRODUCTS.
DISCOUNTS GRANTED WILL BE DEDUCTED FROM THE ASSET IF THE REMAINING AMOUNT OF THE ORDER, AFTER RETURNS, IS LESS THAN THE DISCOUNT TRIGGER THRESHOLDS.
12/ CONFIDENTIALITY RULE:
SHYLOH DOES NOT REVEAL BUYERS INFORMATION TO THIRD PARTIES.
COOKIES ARE USED ON THIS COMMERCIAL SITE TO KEEP TRACK OF THE CONTENTS OF YOUR BASKET AFTER YOU HAVE SELECTED AN ITEM.
13/ LEGAL INFORMATION:
PROVIDING PERSONAL INFORMATION COLLECTED FOR THE PURPOSES OF DISTANCE SELLING IS MANDATORY, THIS INFORMATION BEING ESSENTIAL FOR THE PROCESSING AND DELIVERY OF ORDERS, THE ESTABLISHMENT OF INVOICES AND GUARANTEE CONTRACTS. LACK OF INFORMATION LEADS TO NON-VALIDATION OF THE ORDER.
IN ACCORDANCE WITH THE “COMPUTER AND FREEDOM” LAW, THE PROCESSING OF PERSONAL INFORMATION RELATING TO CUSTOMERS HAS BEEN THE SUBJECT OF A DECLARATION TO THE NATIONAL COMMISSION FOR COMPUTING AND FREEDOM (CNIL). THE CUSTOMER HAS (ARTICLE 34 OF THE LAW OF JANUARY 6, 1978) A RIGHT OF ACCESS, MODIFICATION, RECTIFICATION AND DELETION OF THE DATA CONCERNING THEM, WHICH HE CAN EXERCISE WITH SHYLOH.
FURTHERMORE, SHYLOH UNDERTAKES NOT TO COMMUNICATE, FOR FREE OR FOR CONSIDERATION, THE CONTACT DETAILS OF ITS CUSTOMERS TO ANY THIRD PARTY.
