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Conditions d'utilisation
Preamble
Rare-paris.com (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet. It is open to any user of this network (hereinafter referred to as "Internet user"). It is published by the LABORATOIRES LMFC Company with a capital of 500,000 euros, whose head office is at 60 rue du Maréchal Juin, 45200 Amilly, registered in the Orleans Trade and Companies Register under number 844 760 165. Contact details telephone to get in touch with the Company LABORATOIRES LMFC are 02 42 01 00 99 (accessible Monday to Friday, 8:30 am to 5:00 pm). The Site allows LMFC to offer for sale cosmetic products (hereinafter referred to as "Products") to Internet users browsing the Site (hereinafter referred to as "Users"). For the application of the present, it is agreed that the User and LMFC will be collectively referred to as the “Parties” and individually referred to as the “Party”, and that the User who validated an order will then be referred to as “Buyer”. The rights and obligations of the User necessarily apply to the Buyer. It is specified that the Products are intended for the personal use of the User, without any direct relation to his professional activity. As such, the attention of the User is particularly drawn to the fact that the amount of his order must not exceed the sum of 800 euros. The User who wishes to buy on the Site, declares to have full legal capacity. These Intense (Single Sachet et Coffret) general conditions of sale comply with the provisions of law n ° 2014-344 of March 17, 2014 relating to consumption.
Article 1: object
The purpose of these general conditions of sale is to define, worldwide, exclusively because of the relationships they establish on the Internet and only on the Site, the rights and obligations of the Parties arising from the online sale of Products offered on the Site. The Purchaser declares to have read and all orders for one or more of the Buyer's products imply unreserved acceptance and prior, full and complete acceptance of these general conditions of sale and guarantees which prevail over any other document, except specific conditions expressly agreed in writing by LMFC.
Article 2: Products - Price - VAT
2.1 Products
The Products offered for sale by LMFC are those which appear on the Site, on the day of consultation of the Site by the User, and within the limits of available stocks. The photographs illustrating the Products do not enter into the contractual field.
2.2 Price
The prices of the Products are indicated in euros. They take into account the VAT applicable on the day of the order. LMFC reserves the right, which the User accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of the registration of the order, subject however to the availability of said Products. The possible shipping costs are invoiced in addition.
2.3 VAT
In accordance with the legislation in force, the VAT collected on sales is transferred to France.
Article 3: Registration and validation of the order Rule n ° 1
3.1 Navigation within the Site
The User can navigate freely on the different pages of the Site, without being bound by an order.
3.2 Registration of an order
If the User wishes to place an order, he will choose the various Products in which he is interested, and will express said interest by clicking on the "ADD CART" box. At any time, the User may: - obtain a summary of the Products he has selected or modify his order, by clicking on "VIEW CART". A summary of his order will then appear on the screen. If the list presented to him corresponds to the Products he has chosen, the User may continue his order by clicking on: "CHECK OUT". The User must then identify himself, either by entering his e-mail address as well as his password, if he is already a client or member, or by accurately filling in the form made available to him, on which he will in particular include the information necessary for his identification and in particular his name, first name, postal address. The User is informed and accepts that entering any identifier is proof of his identity and expresses his consent.
3.3 Final validation of the order - Securing of payments
After knowing the status of his order, and once all of the information requested has been completed by the User, he has chosen the means of payment he wishes to use to pay for his order. The latter will click on "CHECK OUT" to pay for the order. The User can pay for his purchases by bank card (visa card, Mastercard). He must fill in the name on the card, the card number, its expiry date and the control code located on the back of the card. Payments by bank card on the LMFC site and by are made through the secure payment system of Bank Savings Bank. All the information exchanged to process the payment is secured by a 3D security system. This data cannot be detected, intercepted or used by third parties. As soon as he validates the payment, the User returns to the Site. His order is registered and becomes irrevocable. The User then becomes Buyer. The order form is recorded in the LMFC computer registers, which are themselves stored on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties. The Purchaser has been assured is fully entitled to use the payment card used, that the latter is valid and gives access to sufficient funds to cover all costs necessary for payment of the order.
3.4 Order confirmation
When the Buyer has validated his payment, a summary of the order will be sent to him by e-mail, to the e-mail address indicated by him at the time of his identification. He will be reminded in particular: the terms of payment, delivery and, where applicable, the delivery costs, the characteristics of the product (s) ordered, the conditions and procedures for exercising the right of withdrawal ; - the address where the Buyer can submit complaints, information relating to after-sales service and commercial guarantees.
Article 4: Delivery
4.1 Shipping cost
The order will be executed at the latest within thirty (30) days from the day following that of the validation by the Buyer of his order.
4.2 Delivery terms
Upon receipt of the Products ordered, the Buyer must verify the conformity of these Products. Any anomaly concerning the delivery (missing or broken product, damaged package, etc.) must be reported by the Purchaser on the receipt which the carrier will present to him at the time of delivery of the package and must imperatively be notified on the same day of reception or at the latest on the first working day following reception, to the LMFC consumer service, by e-mail addressed to info@rare-paris.com or by telephone on 02 42 01 00 99. Any complaint made after this period will be rejected and LMFC will be released from all liability. In the event of an anomaly relating to the package or the Product (s), and after having reported it to LMFC within the period mentioned above, the Purchaser must return it (s) in its (their) packaging and its (their) original packaging under the conditions of article 5 "Right of withdrawal" defined below and within the period of fourteen (14) days from receipt of the order. This return must be accompanied by a letter detailing the Buyer references, the invoice number and date, the Product reference (s) and the reason for the request. LMFC reserves the right to verify the returned Product (s), to study the reason for the request and therefore to proceed or not to the free replacement of the Product (s) without any compensation is not due. If the ordered product is unavailable, the Purchaser will be informed of this unavailability. With the buyer's prior agreement, he will be offered a product of equivalent quality and price. In the absence of the Purchaser's agreement, the latter may, if necessary, be reimbursed at the latest within thirty (30) days of payment of the sums he has paid. LMFC declines all responsibility in the event of failure to deliver or delay in delivery due to force majeure, the act of a third party or a fault attributable to the consumer. In the event of a delay in delivery, the Purchaser must report this delay, as soon as possible to the LMFC consumer service, by e-mail addressed to info@rare-paris.com or by telephone on 02 42 01 00 99.
Article 5: Right of withdrawal
The Buyer has a period of fourteen (14) clear days to notify LMFC of its will to retract. This period runs from the day of receipt of the order. The Buyer, to exercise this right of withdrawal, must within this period inform LMFC of its decision to withdraw by mail. The Purchaser must then return, at his expense, the Product (s) in their (their) original packaging, at the latest within fourteen (14) days of the communication of their decision to withdraw, to the following address: LMFC Laboratories - 60 rue Du Maréchal Juin - 45200 Amilly, FRANCE. When the period of fourteen (14) days expires on a Saturday, a Sunday or a public or non-working day, it is extended until the next working day. If the above conditions are met, LMFC will reimburse the Purchaser for all sums paid by the Purchaser as soon as possible and no later than fourteen (14) days following the date on which LMFC was informed of the Buyer's decision to withdraw. LMFC reserves the right to postpone the reimbursement until the Product (s) are recovered. The costs of initial delivery are included, with the exception of return costs which remain the responsibility of the Buyer.
Article 6:Legal Guarantee
The Buyer benefits from the legal guarantee of conformity (Consumer Code art. L.211-4 and following) and from the defects of the thing sold (Civil Code art. 1641 and following).
The Buyer is informed that the guarantor of the conformity of the goods is the Société Laboratoires LMFC, located 60 rue Maréchal Juin - 45200 Amilly. In the event that the Buyer acts as a legal guarantee of conformity, regardless of the possible commercial guarantee, he has 18 months to act from the delivery of the goods. The Purchaser is exempt from reporting proof of the existence of the non-conformity during the period of six months from the delivery of the Product (s). In the event of non-compliance, the Buyer can choose between replacing or reimbursing the Product (s), subject to the conditions set out in article L.211-9 of the Consumer Code. In the event that the Buyer acts as a legal guarantee for the defects of the thing sold, he chooses between canceling the sale or reducing the sale price.
Article 7: Data protection
The information of personal information collected within the framework of distance selling is compulsory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order. In accordance with the Data Protection Act, the processing of personal information collected on the Site has been declared to the National Commission for Data Protection. The User has the right to access, modify, rectify and delete data concerning him. To exercise this right, the User must send a simple letter to the LMFCCosmétiques Laboratories consumer service - 60 rue du Maréchal Juin, 45200 Amilly or an e-mail to info@LMFC.fr.Rule n ° 2
Article 8: Force majeure
No Party shall be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure. Events fulfilling the criteria set by case law will be considered as force majeure.
The Party invoking an event constituting force majeure must notify the other Party within five working days of the occurrence or threat of this event. The Parties agree that they must consult as soon as possible in order to determine together the terms of execution of the order during the duration of the case of force majeure.
Article 9: Partial invalidity
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.
Article 10: Entire contact
These general conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties. In case of contradiction between these documents, the general conditions of sale will prevail.
Article 11: Intellectual property
The rare-paris.com Site is an intellectual work protected by Intellectual Property Law. Each of the elements that compose it (such as, in particular, brands, logos, photographs, images, illustrations, texts, slogans, video.) Are the exclusive property of LMFC, the sole authority to use intellectual property rights and personality rights related to it.
Any reproduction and / or full or partial representation, use, adaptation or modification of the Site or any of the elements that compose it on any medium whatsoever, and in any form whatsoever, for other purposes and in particular commercial is expressly prohibited.
Any reproduction and / or representation of the Site or any of the elements that compose it must be subject to the express prior authorization of LMFC. The creation of hypertext links to the Site can only be carried out with the prior written authorization of LMFC.
The brands mentioned on the Site are registered trademarks and therefore protected and are the exclusive property of the BEIHAO group.
Article 12: Applicable law - Competent jurisdiction
Sales of LMFC products are subject to French law regardless of the country of residence of the Purchaser and the place of placing of the Order. Any litigation relating to the existence, the interpretation, the execution or the breach of the contract concluded between LMFC and the purchaser, even in the event of plurality of defendants, will be, in the absence of amicable agreement, of the exclusive competence of the courts French competent under the rules laid down by the French Code of Civil Procedure.