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Special Conditions - Professional Sellers These Special Conditions (hereinafter the "Special Conditions PRO") are intended to clarify the provisions applicable to the relationship between HairWord and sellers acting in a professional capacity (hereinafter "Professional Vendors") for, and in particular their obligations defined in section 6.7.1 of the General Conditions. The Special Conditions PRO, the Professional Seller hereby accept without limitation or qualification, complete as necessary the Terms accepted by all users of the platform HairWord. In case of conflict between the Special Terms and Conditions PRO, shall prevail. PRO. 1 - Definitions PRO. 2 - Broadcasting services and promotional offers, order processing and retention Buyers • Pro. 2.1 - Distribution of offers on the platform HairWord • Pro. 2.2 - Distribution of offers on the Superstore • Pro. 2.3 - Distribution of deals by Prospecting • Pro. 2.4 - Access to e-mails PRO. 3 - Special obligations of the Seller Business • Pro. 3.1 - Obligations relating to the business of the Seller Business • Pro. 3.2 - on offers and sales order processing Bonds • Pro. 3.3 - Requirements for the personalized services PRO. 4 - Financial Conditions • Pro. 4.1 - Payment of sales and commission HairWord Pro. 4.1.1 - Payment of sales Pro. 4.1.2 - Option "Prepayment" • Pro. 4.2 - Subscription • Pro. 4.3 - Change in the Amount of the Commission or Subscription • Pro. 4.4 - Unpaid Pro. 4.4.1 - Performance of the Contract Pro. 4.4.2 - Interest, fees and penalties PRO. 5 - Economic Dependence PRO. 6 - Responsibilities and guarantees PRO. 7 - Level of Service PRO. 8 - Protection of personal data PRO. 9 - Suspension - Termination PRO. 10 - General Provisions • Pro. 10.1 - Statement of mutual independence • Pro. 10.2 - Retention of intellectual property HairWord • Pro. 10.3 - Non-disparagement • Pro. 10.4 - Changes • Pro. 10.5 - Accuracy of coordinates Seller Business • Pro. 10.6 - Evidence Convention • Pro. 10.7 - Governing Law and Dispute Resolution Pro. 1 - Definitions As used herein, the following terms used with an initial capital letter shall have the meanings specified below, provided that the terms may be understood in the plural the singular and vice versa. Unless specified otherwise in the present, all words with a capital letter in these Conditions PRO have the meanings given to them by the General Conditions. Source code: All written in a computer programming language, markup or presentation formats, including all media or other items included, used by the Professional Seller for the purposes of customizable services instructions. contract: The Terms of Use HairWord platform complemented by these Conditions PRO, securing the contractual relationship between the Professional and HairWord Seller. deliverability: An effective marketing by e-mail in the e-mail of the recipient receiving. Parties: HairWord and Seller Professional PRO signatory of the Special Conditions. surveys: Business surveys sent via email by the Professional Seller to its buyers. Pro. 2 - Broadcasting services and promotional offers, order processing and retention Buyers • Pro. 2.1 - Distribution of offers on the platform HairWord Profesionnel the Seller has a tool for publishing and disseminating its offers to sell the platform HairWord not so limited in time. This tool allows the seller to upload Professional Products or essential features of these products based on databases (for example: title, media, photography, label, MSRP). • Pro. 2.2 - Distribution of deals by Superstore The HW-Shop Service (hereinafter "HW Boutique") permits the Seller Professional to create and have a clean shop ("Superstore") integrated with the platform and customizable HairWord by him via a specific interface, in the technical and graphic details of that in the documentation supplied to it by HairWord platform limitations. • Pro. 2.3 - Distribution of deals by Prospecting The HW-Mail Service (hereinafter "HW-Mail") permits the Seller Professional Surveys address its Buyers who did not express their refusal to receive Surveys from them and have not expressed their discontent following orders placed with it. HairWord provides Seller Professional documentation allowing him to proceed with the creation of Surveys and integration for sending via HW-Mail. The content of Surveys sent to Buyers is customizable by the Professional Seller within technical specifications available in the literature. • Pro. 2.4 - Access to e-mails "Access to e-mails," The option allows the Seller Business to read the email address entered by the buyer in order to keep it informed of the status of their order directly or send him the invoice . These purposes are exhaustive and exclusive of any other use by the Professional Seller of email addresses provided. Activation of the "Access to e-mails" the Vendor Business conducts a unilateral decision taken HairWord in particular into account the profile of the Seller Professional and especially the seniority of its activity on the HairWord platform, number of transactions, the number of available items in its inventory, rates of confirmation of the availability of the Products, the rate, the nature and number of complaints filed by the Buyers, the rate and number of reversals of sales offers made ​​by the Seller Business and the rating assigned to it by the Purchasers. Pro. 3 - Special obligations of the Seller Business • Pro. 3.1 - Obligations relating to the business of the Seller Business The Professional Seller is explicitly informed that HairWord attaches paramount importance to the smooth running of the purchases made by its users with stakeholders vendors on the platform HairWord. In particular, HairWord means that past on the platform with HairWord Professional Sellers controls are a fulfilling experience for buyers. Recognizing these key requirements, the Professional Seller agrees in general to use the tools at its disposal, broadcast his offer and process orders, questions and complaints received professional diligent, reasonable and circumspect. • Pro. 3.2 - on offers and sales order processing Bonds The Professional Seller shall in particular: • Present your offer in the strict framework of laws and regulations, including those relating to the prohibition of unfair commercial practices, misleading or aggressive, those relating to sales, one on waste electrical and electronic equipment that relating to the legal and commercial guarantees and marketing of regulated products that declare that they fully; • Maintain information on the existence and availability of the products offered for sale on the site and, therefore, to take all measures to prevent order cancellations from him; • Consult the daily email box (shown at registration) and / or the management interface commands and / or the FTP account (if necessary put available by HairWord) to process orders received or made HairWord on the site; • Confirm orders within 72 hours, any order not confirmed by the Professional Seller within 72 hours are automatically treated as canceled; • physically isolate the rest of his stock and reserve the Products ordered via the platform HairWord upon receipt of e-mail informing them of the sale and / or flow control on the management interface commands and / or the FTP account ; • Send the Products within 48 hours after confirmation of the order by him, the exact details of the recipient and manner (recommended, monitoring, etc.) that will have been sent by HairWord; • Do not divert to third parties Buyers recruited through Platform HairWord. The Professional Seller agrees not to include in its package a document promoting any website; • Provide HairWord, in the manner and time specified by the latter, any information relating to the status, shipment and if necessary to track the order, this information can be communicated freely to interested HairWord; • Be able to communicate HairWord immediately and first demand, any authorization of the holder of intellectual property rights that may be required for the marketing of its products on the platform HairWord; • Demonstrate, in any circumstance, moderation and courtesy in any interaction with Member; • Follow all the French and EU law, particularly with regard to selling at a loss or tax and social security obligations; • Respect the ethics applicable to its activities and in particular codes of ethics published by the Federation of e-commerce and distance selling (www.fevad.com). • Pro. 3.3 - Requirements for the personalized services As part of the use of customizable services (such as Mail and HW-HW Boutique) by the Professional Seller, the Seller shall: • Create the source code under its own responsibility, given that HairWord not provide any control, validation, correction or modification of that Source Code and any other related data; • Ensure that the source code is free of defects and / or any item that would have the object or effect of creating a security or disrupt the display of any item listed on the platform HairWord; • Have all of the intellectual property rights to source code and images used for personalized services or all of the authorizations to represent and / or reproduce the material; • Do not insert links and / or any item in the Source Code with the purpose or effect of returning users Platform HairWord to content outside of the platform HairWord. In particular, the Professional Seller agrees not to insert any link to its own website, to his e-mail address or, more generally, are prohibited from entering any advertising (banner, business link, etc.) benefit or the benefit of any site or any content that is not hosted on the platform HairWord; • Conduct before any modification of the Source Code, and generally on a regular basis, to archive the previous version of the Source Code and any related data from its own storage media, HairWord ensuring no archiving or archiving of various versions the Source Code created by the Professional Salesman. Surveys concerning the Professional Seller agrees to comply with the recommendations given by HairWord in the documentation supplied to it, especially on size, content and frequency of Surveys to ensure their good shipments and Deliverability. Pro.4 - Financial Conditions * Pro. 4.1 - Payment of sales Payment of sales exclusively via PAYPAL module. • Pro. 4.2 - Subscription In consideration of the service included in the underwritten offering, the Business Seller is liable for a monthly subscription which payment is effected by debit to the current account of the Seller Professional. • Pro. 4.3 - Amount of the Commission and Subscription The amount of the subscription and the Committee are set in the fee schedule HairWord PRO, an integral part of the Contract. Any change in the amount of the Commission or Subscriptions intervene, at the latest, at the beginning of the month following the month in which the change has been approved by HairWord. • Pro. 4.4 - Unpaid Pro. 4.4.1 - Performance of the Contract In case of failure to pay the amounts owed by the Professional Seller under subscribed offer, and after a formal notice remains in whole or in part without effect for a period of seven (7) days HairWord shall be entitled to suspend the account (s) (s) Vendor Professional and associated any offer and its access to the platform HairWord and / or restrict access to the services included in the offer to which he subscribes. In the absence of perfect regulation within fourteen (14) days after the notice, the Contract will be terminated as of right the wrongs of the Seller Business, under the conditions laid down in Article Pro. 9.1. Pro. 4.4.2 - Interest, fees and penalties Any default in payment of amounts due by the Professional Seller will legally producing interest calculated up to three (3) times the legal rate from the day after the interest rate at which the payment should have been made and enforceability of an indemnity of fifteen (15) percent of the principal amounts due and a fixed amount of one hundred (100) euros HT. These increases will vest automatically and automatically without formality or prior notice. Pro. 5 - Economic Dependence Seller shall notify the Professional HairWord by registered mail with return receipt letter since it would be in a situation of economic dependence of the latter. On this occasion, the Professional Seller specify what measures will be implemented immediately by him to correct the situation. In any event, the Professional Seller emerges HairWord any responsibility for the child under the strategic choice that would by standing and / or are now in a situation of economic dependence. Pro. 6 - Responsibilities and guarantees The Professional Seller warrants HairWord against all troubles, claims or actions on the part of any person to cause, basis or origin activity Seller Professional. This warranty includes disputes or based on consumer law, intellectual property, banking regulation, and any other basis whatsoever. The Professional Seller agrees to take over the payment of all amounts, including any possible convictions themselves are not final and legal costs, including attorneys' fees, due to this reason, provided that the Seller has business informed of any action from the outset. The liability of each Party may be sought if the execution of the Special Conditions PRO is delayed or prevented due to force majeure, as defined by the French courts. Pro. 7 - Level of Service HairWord strives to operationalize the servers hosting the services offered 24 hours on 24 hours, seven days a week, subject to the occurrence of an event emerging from the force majeure, maintenance periods and maintenance and operations update and possible exceptional interruptions. These services may be interrupted to allow to perform maintenance work and maintenance. As much as possible, the work will be done at times when the server is least used by the public, usually between midnight and 6 am, CET time. HairWord may proceed, after informing the Business Seller within a reasonable time to complete stops due to technical reasons such as, in particular, changing computers, system expansion, or substantial modification of the system. The Professional Seller is aware and acknowledges that HairWord may proceed to evolutionary changes in services. Consequently, the Professional Seller is informed that the Source Code will be subject to any changes, by him and at his expense, which may be necessary by own IT developments operated by HairWord. In such cases, HairWord undertakes to inform the Professional Seller within a reasonable time. The Professional Seller acknowledges that networks with unequal transmission capacities and policies of own use, no one can guarantee the proper functioning of the Internet as a whole. Business and the Seller agrees to bear within reasonable limits HairWord diligence, risk of imperfection or unavailability of services (eg content accessibility, time display pages, Deliverability Surveys). Pro. 8 - Protection of personal data Each Party undertakes to comply with the provisions of Law 78-17 of 6 January 1978 on data processing and liberties or any other national legislation on personal data, particularly with regard to prior formalities incumbent on, and information Member. Each Party shall take all appropriate measures to ensure the security, integrity and privacy of personal data held by it about its customers. The Professional and Seller agrees to take all necessary precautions to safeguard the security, integrity and confidentiality of all personal data which it would have to be the depositary in connection with its activity on the platform HairWord. In accordance with Law 78-17 of 6 January 1978, Purchasers hold a right of access, modification, rectification and opposition of their data. Especially when they are consecutive in Surveys, these powers are exercisable from Seller Professional quality of the data controller. Upon receipt of any request for exercise of the aforesaid rights by Buyer, Seller agrees Professional consequently to promptly notify HairWord which will, in its capacity as technical subcontractor, treatment demand . In particular, upon receipt by the Seller Professional the right to object, there will HairWord law immediately upon delivery by the Professional Seller useful coordinates of the Buyer HairWord. Pro. 9 - Suspension - Termination • Pro. 9.1 - Suspension and termination of the wrongs Business Seller The Professional Seller shall remedy any breach of its contractual obligations and problems affecting his (her) account (s) that will be notified, within the period specified in each case by HairWord. Depending on the severity or repetition of the breach of contractual obligations of the Seller Business or problem affecting his (her) account (s), as such a clear error of prices in its offer or a series of claims or reversals offers to sell, HairWord may suspend the account (s) (s) Vendor Professional and associated any offer and its access to the platform HairWord, without notice and until complete and sustained resolution of the problems identified. In particularly serious and / or repeated violation of the obligations of the Seller Business or severe and / or repeated affecting his (her) account (s), HairWord reserves the right to terminate the Contract without notice, to prohibit access the platform Business HairWord Seller, deleting its offerings and cancel its sale. Include heard a particularly serious violation or problem mentioned in the previous paragraph any fraudulent or unlawful, and any offer for sale or sale of prohibited product (including counterfeit goods, dangerous and illegal substances, counterfeit money, pornography, weapons firearms, explosives, human products, etc.). Following suspension or termination under the conditions described in the preceding paragraphs, the Professional Seller shall remain liable for the payment of money, including under Article Pro. 4 above, without prejudice to damages. The Professional Seller shall not claim any compensation in such cases any expenses incurred by him for the dissemination and promotion of its offerings. • Pro. 9.2 - Termination friendly The Agreement is a contract of indefinite duration. As such, it may be terminated at any time by HairWord or the Business Seller without cause by simple notification. Termination of the Agreement by the Professional Seller shall take effect at the end of the month in which it was notified to HairWord, provided that such notification is made ​​before the 20th of the month and that day is not a Saturday or a Sunday nor a bank or public holiday. If no notification of cancellation in these times, it will take effect at the end of the month following that in which the notice is received by HairWord. Termination of the Agreement by the Professional Seller not receiving a ProClassic, ProdAdvanced, ProPremium or ProAbsolute package take effect at the end of the month following that in which the notice is received by HairWord. The termination by HairWord take effect at the end of the second month following the month in which the notice is received by the Professional Salesman. Pro. 10 - General Provisions • Pro. 10.1 - Statement of mutual independence HairWord and Professional Seller declare and acknowledge that they are and remain for the duration of the Contract, independent business and professional partners, each providing their own risk activity. • Pro. 10.2 - Retention of intellectual property HairWord The Professional Seller recognizes that intellectual property rights, regardless of their nature and the skills used by HairWord under the Agreement shall remain the sole property of HairWord. This stipulation does not prevent in any respect fully used by the Professional services offered by Seller HairWord. Any commercial use by professional Seller figurative marks, semi-figurative and registered to HairWord is prohibited without prior, express written permission HairWord. • Pro. 10.3 - Non-disparagement The Professional Seller forbidden, on pain of damages, to denigrate in any way whatsoever, HairWord, its brand or its products and services, and generally requires a duty of confidentiality. • Pro. 10.4 - Changes HairWord has the right to modify the SC PRO depending on the evolution of its product range and market. Any changes will take effect immediately for online deals when notice to the Seller Business by any means chosen by HairWord. They do not apply to transactions in progress at the time of their entry into force. • Pro. 10.5 - Accuracy of coordinates Seller Business The Professional Seller agrees to inform valid contact information in his account and keep fully up to date. Include heard by contact name, company name, legal form, registration number in the Register of Commerce and Companies, VAT number, email and postal addresses, phone number and bank account number. Seller shall provide to the signing of this contract, any evidence regarding this information (Copies: KBIS, VAT, RIB, RCS) • Pro. 10.6 - Evidence Convention The Professional Seller acknowledges that electronic media are at least prima facie evidence in writing and in case of dispute, electronic documents produced by HairWord prevail over those produced by the Professional Seller, unless it demonstrates the absence reliability or authenticity of the documents produced by HairWord. • Pro. 10.7 - Governing Law and Dispute Resolution The Agreement is governed by French law, even as the Professional Seller would be foreign and / or nationality that the contract would be executed wholly or partly abroad. With the exception of the guarantee call by HairWord Business Seller, any dispute arising from the conclusion, interpretation, performance or termination of this Agreement shall be exclusively submitted to the Commercial Court of Paris, despite multiple defendants, interim application or collateral. Have jurisdiction, if the courts materially relevant to the jurisdiction of the Court of Appeal Paris.HairWord Ethics and Safety secure payment In a purchase, the payment is made using the secure PAYPAL system. Credit card details are encrypted and thus fully protected against all forms of piracy. Similarly, the card number is not visible any time and / or retained by Seller or HairWord.com So you can buy with confidence on HairWord.com! intellectual property The texts and images relating to products for sale on the site HairWord are reserved under copyright and the title of intellectual property to the world. As such, under the provisions of the Code of Intellectual Property, only use it for private use-except more restrictive provisions of Code- permitted. Any other use constitutes infringement is punishable under the same law. Reproduction of any part of the catalog of HairWord is strictly prohibited, unless approved HairWord. responsibility Seller warrants that its products comply with French legislation and standards applicable in France. It also guarantees that it is regularly HairWord owner and he can freely dispose of, including the case of property subject to a software license or whose conditions of sale are governed by specific legislation, such as for example the Law on the price of the book. HairWord reserves the right to exclude members of any seller who violate any manner whatsoever with these provisions, without prejudice to any legal action. HairWord disclaims all liability for infringement (fraud, forgery, receiving stolen property, etc.) by the seller. Seller warrants HairWord against any action for damages brought against him on the basis of the violation of any rights of another person or against any damage resulting HairWord of the claim by a third party. Ethics and privacy The personal information collected from Members, buyers and sellers at the time of registration are required by HairWord for confidential. The details of the buyer shall be communicated to the seller to ensure the proper delivery of the product sold. This information is necessary for the conduct of business and to improve the services offered by its members HairWord. This is the same concern customization service we use cookies informing us when you visit our site. In particular, cookies are used to display personalized ads offering you products similar to those already found and available on HairWord. The information in these files are subject to any disclosure to third parties. • Audience Measurement To serve you better, we measure the number of page views, number of visits and visitor activity on the site and how often they return thanks to AT Internet solutions. If you do not want to be audited, you can refer to the AT Internet web page on respect for privacy and follow the instructions provided there. > AT Internet: how to not be audited • E-mail messages You can receive from HairWord the following types of messages: - Newsletters ("HW-Letters") - Tips and tricks - Surveys, - General information on the HairWord Group and its subsidiaries, etc. Given the links between HairWord and its partner sites, you may have to receive them, subject to your consent, offers or information. These messages will be sent to you according to your choice, by email, SMS or mail. You can also choose to receive newslettres published by other sites HairWord Group. Following an order placed with a professional seller, it will regularly send you e-mail with its latest information and best deals (via HairWord platform without communicating your e-mail address to the seller) . > How to unsubscribe from automated emails Les principes ci-dessus ne font pas obstacle à la cession ou au transfert de tout ou partie des activités de HairWord à un ou plusieurs tiers. Les traitements mis en œuvre par HairWord ont fait l’objet soit d’une déclaration auprès de la Commission nationale à l’informatique et aux libertés (CNIL), soit d’une dispense de déclaration en raison de la présence au sein du Groupe HairWord d’un Correspondant Informatique et Libertés. Conformément aux articles 38 et 39 de la Loi Informatique et Libertés du 6 janvier 1978, modifiée en août 2004, vous disposez d'un droit d'accès et de rectification sur les informations vous concernant. Déclaration CNIL N° 1576010 v 0