General Terms and Conditions of Sale

 

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 RARE PARIS COSMETICS with a capital of 30,000 euros, whose registered office is at 121 avenue des Champs-Élysées, 75008 Paris, registered with the Paris Trade and Companies Register under number 977 552 900. The telephone number for contacting RARE PARIS COSMETICS is 02 42 01 00 99 (accessible from Monday to Friday, from 8:30 a.m. to 5 p.m.). The Site allows RARE PARIS COSMETICS to offer cosmetic products for sale (hereinafter referred to as the "Products") to Internet Users browsing the Site (hereinafter referred to as "Users"). For the purposes hereof, it is agreed that the User and RARE PARIS COSMETICS will be collectively referred to as the "Parties" and individually referred to as the "Party", and that the User who has validated an order will then be referred to as the "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 connection with the latter's professional activity. As such, the User's attention 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 purchase on the Site, declares that he or she has full legal capacity. These general terms and conditions of sale comply with the provisions of Law No. 2014-344 of 17 March 2014 on consumption.

 

 

Article 1. Object

The purpose of these general terms and conditions of sale is to define, throughout the world, exclusively on the basis of the relationships they establish on the Internet and solely on the Site, the rights and obligations of the Parties arising from the online sale of the Products offered on the Site. The Buyer declares that he/she has read them and any order for one or more of the Buyer's products implies his/her unreserved acceptance and prior adherence, full and complete, to these general terms and conditions of sale and guarantees which take precedence over any other document, except for special conditions expressly agreed to in writing by RARE PARIS COSMETICS.

 

Article 2. Products - Price - VAT

2.1. Products

The Products offered for sale by RARE PARIS COSMETICS are those that appear on the Site, on the day of the User's consultation of the Site, and within the limits of available stocks. Photographs illustrating the Products do not fall within the scope of the contract.

2.2. Prices

The prices of the Products are quoted in euros. They take into account the VAT applicable on the day of the order. RARE PARIS COSMETICS 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 the order is registered, subject however to the availability of the said Products. Any shipping costs are charged extra.

2.3. VAT

In accordance with the legislation in force, the VAT collected on sales is remitted in France.

 

Article 3. Registration and validation of the order

3.1. Navigation within the Site

The User may browse freely on the various pages of the Site, without being bound by an order.

3.2. Registering an order

If the User wishes to place an order, he/she will choose the different Products in which he/she has an interest, and will express said interest by clicking on the "Add to 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 Basket". A summary of their order will then appear on the screen. If the list presented to him/her corresponds to the Products he/she has chosen, the User may continue his/her order by clicking on: "Order". The User must then identify himself, either by entering his e-mail address and password, if he is already a Buyer or member, or by filling in the form made available to him, on which he will include the information necessary for his identification and in particular his surname, first name, postal address. The User is informed and accepts that the entry of any identifier constitutes proof of his identity and manifests his consent.

3.3. Final validation of the order – Securing payments

After having read the status of their order, and once all the requested information has been filled in by the User, they will choose the payment method they wish to use to pay for their order. The customer will click on "Payment" to pay for their order. The User can pay for his purchases by credit card (Visa, Mastercard). They must enter the name on the card, the card number, its validity date and the control code on the back of the card. Payments by credit card on the RARE PARIS COSMETICS website are made through the Banque Caisse d'Epargne's secure payment system. All 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 the payment is validated, the User returns to the Site. The order is registered and becomes irrevocable. The User then becomes a Buyer. The purchase order is recorded in the computer registers of RARE PARIS COSMETICS, which are themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties. The Buyer guarantees that he/she is fully entitled to use the payment card used, that it is valid and that it provides access to sufficient funds to cover all costs necessary to pay for the order.

3.4. Order Confirmation

Once 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 identification. In particular, they will be reminded of: the terms of payment, delivery and, where applicable, delivery costs, the characteristics of the Product(s) ordered, the terms and conditions 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. Delivery costs

The order will be executed no later than thirty (30) days from the day following the day on which the Buyer validates his order.

4.2. Terms of delivery

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 Buyer on the receipt presented by the carrier at the time of delivery of the package and must imperatively be notified, on the same day of receipt or at the latest on the first working day following receipt, to the RARE PARIS COSMETICS customer service,  by e-mail to info@rare-paris.com or by phone at 02 42 01 00 99. Any claim made after this deadline will be rejected and RARE PARIS COSMETICS will be released from any liability. In the event of an anomaly relating to the package or the Product(s), and after having reported it to RARE PARIS COSMETICS within the period mentioned above, the Buyer must return it in its original packaging under the conditions of Article 5 "Right of withdrawal" defined below and within fourteen (14) days from receipt of the order. This return must be accompanied by a letter detailing the Buyer's references, the invoice number and date, the Product(s) reference(s) and the reason for the request. RARE PARIS COSMETICS reserves the right to verify the returned Product(s), to study the reason for the request and consequently to proceed or not to proceed with the free replacement of the Product(s) without any compensation being due. In the event of unavailability of the ordered product, the Buyer will be informed of this unavailability. With the prior agreement of the Buyer, a product of equivalent quality and price will be offered. In the absence of the Buyer's agreement, the latter may, if applicable, be reimbursed no later than thirty (30) days of payment of the sums paid. RARE PARIS COSMETICS declines all responsibility in the event of non-delivery or delay in delivery due to a case of force majeure, the act of a third party or a fault attributable to the consumer. In the event of a delay in delivery, the Buyer must report this delay as soon as possible to the RARE PARIS COSMETICS 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

In accordance with Article L221-24 of the French Consumer Code, the Buyer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal with RARE PARIS COSMETICS. During these fourteen (14) days, the Buyer may therefore request an exchange or refund without having to justify reasons or pay penalties provided that the Products are returned in their original packaging, unopened and in perfect condition allowing them to be put back on the market, accompanied by the invoice corresponding to the purchase.

When the fourteen (14) day period expires on a Saturday, Sunday or non-working day, it shall be extended to the next working day.

Beyond the return of the Products within fourteen (14) days, RARE PARIS COSMETICS will be free to refuse the exchange or refund.

Returns must be made in their original condition and complete (packaging, accessories, instructions) allowing them to be put back on the market in new condition. Damaged, incomplete or soiled Products will not be returned.

The Buyer has a right of withdrawal, except for the contracts mentioned in Article L221-28 of the Consumer Code.

In accordance with Article 9.4, the Buyer agrees to waive his/her right of withdrawal when purchasing a voucher or gift card.

To exercise the right of withdrawal, the Buyer has up to fourteen (14) days after receipt of his Order to inform RARE PARIS COSMETICS of his decision to withdraw before the expiry of the period by means of an unambiguous statement, by e-mail to info@rare-paris.com or by post to the following address:

RARE PARIS COSMETICS, 121 avenue des Champs-Élysées, 75008 Paris

The Buyer may use the model withdrawal form set out below:

(Please complete and return this form only if you wish to withdraw from the contract.)

___________

To the attention of RARE PARIS COSMETICS, 121 avenue des Champs-Élysées, 75008 Paris – info@rare-paris.fr:

I/we (*) hereby notify you/our (*) withdrawal from the contract for the sale of goods (*)/for the provision of services (*) below: Ordered on (*)/received on (*):Name of consumer(s):Address of consumer(s):Signature of consumer(s) (only in case of notification of this form on paper) :D ate:

(*) Strike out the unnecessary wording.

___________

The Buyer must then return, at its own expense, the Product(s) in its original packaging as well as the gifts and samples received, no later than fourteen (14) days following the communication of its decision to withdraw to the following address:

RARE PARIS COSMETICS, Lot 101 Building C3, 10 Avenue du Valquiou, 93290 Tremblay-en-France, France

If the above-mentioned conditions are met, RARE PARIS COSMETICS will exchange (subject to availability) or refund to the Buyer all sums paid by the Buyer, within fourteen (14) days of the receipt, by RARE PARIS COSMETICS, of the products returned by the Buyer under the conditions provided for in this article. The initial shipping costs are included, with the exception of the return shipping costs, which remain the responsibility of the Buyer.

 

Article 6. Legal Warranty

6.1. LEGAL WARRANTIES

All products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the Civil Code), allowing the Buyer to return defective or non-compliant delivered products free of charge.

6.1.1 Legal guarantee of conformity

The French Consumer Code provides the following in terms of legal guarantee of conformity:

  • Article L217-4: "The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
  • Article L217-5: "  The property is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar property and, if applicable: – if it corresponds to the description given by the seller and has the qualities that the seller has presented to the Buyer in the form of a sample or model; – if it has the qualities that a Buyer can legitimately expect in the light of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Buyer, brought to the attention of the Seller and which the latter has accepted. »
  • Article L217-12: "The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »

6.1.2 Warranty against latent defects

The French Civil Code provides the following in terms of warranty against latent defects:

Article 1641 of the Civil Code: "The seller is bound by the guarantee in respect of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known of them. »

Article 1648 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged from apparent defects or lack of conformity. »

6.1.3 Disclaimer of Warranties

Products that have been modified, repaired, integrated or added by the Buyer are excluded from the warranty. The warranty will not apply to apparent defects. The warranty will not cover products damaged in transit or due to misuse.

6.2 MODALITIES OF IMPLEMENTATION OF LEGAL GUARANTEES

When acting under a legal guarantee of conformity, the Buyer:

  • Has a period of two years from the delivery of the property to take action;
  • May choose between repair or replacement of the good, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
  • It is not necessary to provide proof of the existence of the non-conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The Buyer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

For any request concerning the legal guarantees, the Buyer must then contact Customer Service via the "Contact" section of the RARE PARIS COSMETICS Website or at the email address info@rare-paris.fr or by telephone on 02 42 01  00 99 (Free service + price of the call) from the France, or +33 2 42 01 00 99 from abroad,  Monday to Friday from 8:30 a.m. to 12:00 p.m. and from 1:30 p.m. to 5:00 p.m.

These provisions do not exclude the right of withdrawal defined in Article 6 above.

6.3 CONSEQUENCES OF THE IMPLEMENTATION OF SAFEGUARDS

Within the framework of the legal guarantee of conformity, RARE PARIS COSMETICS, undertakes at the Buyer's choice:

  • Either to replace the product with an identical product according to available stocks, or
  • Or to refund the price of the product if it is not possible to replace a product.

Within the framework of the legal warranty against hidden defects, RARE PARIS COSMETICS, according to the Buyer's choice, undertakes, after evaluation of the defect:

  • Either to reimburse the full price of the returned product,
  • Or to reimburse part of the price of the product if the Buyer decides to keep the product.

 

Article 7. Information Technology and Civil Liberties

7.1. PERSONAL DATA - CNIL

The provision of personal information collected in the context of distance selling is mandatory, as this information is necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential. Failure to provide 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 Commission Nationale de l'Informatique et des Libertés. The User has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, the User must send a simple letter to the consumer service RARE PARIS COSMETICS – 121 avenue des Champs-Élysées, 75008 Paris or an e-mail to info@rare-paris.fr.

7.2. COLD CALLING

The Buyer has the possibility to register free of charge on a BLOCTEL (www.bloctel.gouv.fr) telephone canvassing opposition list in order to no longer be canvassed by telephone by a professional with whom he does not have an ongoing contractual relationship, in accordance with Law No. 2014-344 of 17 March 2014 on consumption.

Any consumer has the opportunity to register for free on this list on the https://conso.bloctel.fr/index.php/inscription.php website.

 

Article 8. Force majeure

Neither Party shall be liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event constituting force majeure. Events that meet the criteria set by case law will be considered as force majeure.

The Party invoking a Force Majeure Event shall notify the other Party within five working days of the occurrence or threat of such event. The Parties agree that they must consult each other as soon as possible in order to determine together the terms and conditions of execution of the order for the duration of the case of force majeure.

 

Article 9. Partial invalidity

If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations shall retain their full force and scope.

 

Article 10. Entire Agreement

These general terms and conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of any contradiction between these documents, the general terms and conditions of sale shall 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, trademarks, logos, photographs, images, illustrations, texts, slogans, video) are the exclusive property of RARE PARIS COSMETICS, the only one authorized to use the intellectual property rights and personality rights related thereto.

Any reproduction and/or representation, in whole or in part, use, adaptation or modification, of the Site or any of its components on any medium whatsoever, and in any form whatsoever, for other purposes, in particular commercial purposes, is expressly prohibited.

Any reproduction and/or representation of the Site or any of its components must be subject to the express prior authorization of RARE PARIS COSMETICS. The creation of hypertext links to the Site may only be carried out with the prior written consent of RARE PARIS COSMETICS.

The trademarks 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 RARE PARIS COSMETICS products are subject to French law regardless of the Buyer's country of residence and the place where the Order was placed. Any dispute relating to the existence, interpretation, execution or termination of the contract concluded between RARE PARIS COSMETICS and the Buyer, even in the event of multiple defendants, shall, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the competent French courts in accordance with the rules laid down by the French Code of Civil Procedure.

 

All disputes to which the purchase and sale transactions concluded pursuant to the General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between RARE COSMETICS PARIS and the Buyer shall be submitted exclusively to the Commercial Court of Paris under the conditions of common law.

 

Article 13. Consumer Mediators

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Buyer is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure, in particular with the Consumer Mediation Commission by sending a written complaint to the mediation service "CM2C – Centre de Médiation de la Consommation des Conciliateurs de Justice" at the following address:

 

CM2C
49 Rue de Ponthieu
75008 Paris


https://www.cm2c.net/

 

After the Buyer has made a prior written request to customer service and in the event of a complaint that has not been resolved amicably, the Mediator Service may be referred to the Mediator Service for any consumer dispute that has not been settled. To find out how to refer the matter to the Ombudsman, click here.

 

The solution proposed by the Mediator is not binding on the Parties, who remain free at any time to leave the mediation process.

 

 

 

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