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Article 1. Object and scope
The present general conditions of sale (hereinafter referred to as the "General Conditions of Sale") are intended to define the rights and obligations of the parties in the online sale on the website accessible at the address www.rexaline.com (hereinafter referred to as the "Site") of cosmetic products of the brand «Rexaline» (hereinafter referred to as “Products”) marketed by the company ID BEAUTY INTERNATIONAL DISTRIBUTION, stock company simplified capital of 230,000 euros, whose registered office is located 31, rue François 1er, 75008 Paris, FRANCE, registered with the Registre de Commerce et des Sociètes de Paris under number 387 998 511, holding the individual VAT number FR 07 3879 98 511 (hereinafter the «Company») and having commercial liability insurance with GAN Eurocourtage , 7 place du Dôme - TSA 59876 92099 La Défense Cedex, extended to the whole world.
These Conditions of Sale shall apply from 1 June 2016 and apply to all sales of Products on the Site, to the exclusion of any other document. The Company nonetheless reserves the right to change the content at any time and without notice, provided that such changes will not apply to orders previously validated and confirmed by the parties but deemed accepted without reserve by any purchaser of Products after their online publication on the Site.
Article 2. Price
Product prices are firm and expressed in euros, comprising all taxes (at the VAT rate applicable on the date of the order). They are subject to change any time without notice. The order is charged to the purchaser on the basis of rates in effect on the Site at the time of its final validation.
Prices do not include possible additional costs related to the shipping of the Products, which are optionally charged in addition to the buyer and displayed before the final validation of the order.
Article 3. Order
The purchase of Products on the Site is reserved exclusively to the adult user, holder or co-holder of a credit card, with an e-mail account, having legal capacity, acting for personal benefit.
Placing an order for Products on the Site implies adherence of the user, hence called the buyer, without restriction or reservation, to all the provisions of the General Conditions of Sale at time of the order, without this acceptance needing a written signature of the buyer's part
No conditions can be incorporated herein without the express written consent of a representative of the Company. These General Conditions of Sale constitute the entire contractual relationship between the parties.
To place an order on the Site, the buyer must first demonstrate their intention to buy one of the Products presented by clicking on the words "Add to Cart".
To order what he added to his cart, the buyer has two options.
- Either he has to click on the word "Order"
- Either he must visit the page of his shopping cart by clicking on the words "View Cart" to verify and confirm the content and amount of the order by clicking on the word "Order"
The buyer will then be directed to a page where he will give his billing address, delivery, the type of card used for payment and the choice of delivery type.
Finally, he will have to check the box titled "I accept the General Conditions of Sale" then click on the words "Checkout"
Any order validated by the purchaser under the conditions and according to the procedure stipulated above is a sound and final commitment of purchase.
If all prerequisites are met, the buyer will be redirected to the secure payment page of the payment module "Paybox".
For duly validated and paid orders, a representative of the Company will contact the buyer by e-mail within 48 working hours and give them an order confirmation mentioning the order number, Products ordered, and the contact data for the after-sales service.
In case of an excessive number of orders by the same customer, product unavailability, errors on the Site concerning particularly product descriptions, features or price, the Company reserves the right to cancel the order. The buyer will be informed by e-mail, will be fully refunded and may not claim any compensation of any kind.
The buyer has the option to cancel an order placed on the site by contacting the Company at +33 (0)1 40 69 04 40 (price of a call to a landline in France) between 10h and 19h (Paris time zone) from Monday to Friday, or at email@example.com insofar as the order has not yet been processed; it will be fully refunded. Otherwise, the buyer must conform to the return of the Products following the procedure detailed in section 6.4.
Article 4. Conditions and payment methods
Payments are made on the Site in euro and by credit card via the Paybox payment module. Data related to payment by credit card are secured by an encryption procedure and are not stored on the site.
The credit cards accepted are Carte bleue, American Express and national and international payment cards Visa and MasterCard, to the exclusion of any other card.
To make the payment, the buyer provides following information about the bank card: name of the card holder, number of the credit card, expiration date and security code. The buyer guarantees to the Company that he has all the necessary authorizations to use the payment card he has selected.
The regulation will be considered validated after confirmation of the agreement of payment by the issuing body. In case of refusal by the bank, the order will be canceled and the Company will therefore be discharged from all obligations and liability towards the purchaser.
The Company reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution in case of non-payment of any sum payable by the buyer, or if payment incident.
Article 5. Methods of delivery
Products will be delivered exclusively by Colissimo to the address provided by the buyer. No delivery can be made in a PO box.
Delivery will be made within an average of 2 to 7 days with a maximum of 30 days from the order confirmation. The bill will be sent to the buyer via email upon handover to Colissimo, which will inform the buyer the day before by email and SMS of the upcoming delivery the next day.
The Company may not be held liable for late delivery. The Company will not be held responsible for loss of the order due to an error on the buyer's address.
Delivery by Colissimo:
Upon delivery, the buyer or recipient of the Order obtains the order by the Colissimo.
In case of absence, the buyer or recipient of the order receives a calling card, allowing him to contact the carrier on the address listed on the calling card to arrange another delivery day.
In case the package is not picked up within 10 business days from receipt of the notice of passage, the parcel will be returned to the Company and the buyer reimbursed by any means for the amount of his order, with deduction of the shipping costs, at the discretion of the Company.
No dispute on the delivery itself is possible if the package appears to have been delivered, according to the information system of the transporter.
Article 6. Complaints
The Company warrants that the Products comply with standards and regulations applicable to the European Economic Area in terms of quality, traceability, safety and consumer protection, in composition, labeling and marking. It ensures that the Products do not present any deficiency or defect rendering it unfit for use under normal conditions.
Article 6.1 Legal guarantee of conformity
In accordance with Articles L 211-4 and following of the French Consumer Code, the Company is required to deliver a product which complies with the order made by the buyer and must answer for any lack of conformity at the time of issuance of the latter.
Following Article L 211-12 of the French Consumer Code, the buyer has a period of 2 (two) years from the delivery of Products to exert their legal guarantee of conformity and is not required to provide evidence of the existence of the lack of conformity of the good. Any claims made after this period of 2 (two) years will be rejected and the Company shall be relieved of all responsibility.
If the delivered Products are not in accordance with the Products ordered by the buyer, they must send an e-mail to firstname.lastname@example.org or contact the Company at +33 (0)1 40 69 04 40 (price of a call to a landline in France) between 10h and 19h (Paris time zone), Monday to Friday, to notify the company of the non-compliance of Products. The Company acknowledges the request of the buyer and confirms the steps to follow. The buyer then sends non-compliant Products to the Company at the following address: BEAUTY ID, 31 rue François 1er, 75008 Paris, FRANCE. To be returned, the Products must be intact and in their original state, i.e. unused and in their unopened packages, with records and accessories and the original packaging must be used.
Upon reception of the alleged nonconforming Products, the Company performs a check of the Products to ascertain their compliance. If the faulty character of the Products is confirmed, the Company will proceed, at the option of the buyer, subject to the conditions of costs under Article L. 211-9 of the French Consumer Code to:
- either exchange nonconforming Products, sending the replacement Products to the buyer at the expense of the Company and under the conditions of these General Conditions of Sale.
- either repair nonconforming Products, sending the repaired Products to the buyer at the expense of the Company and under the conditions of these General Conditions of Sale.
The legal guarantee of conformity applies independently of any commercial guarantee eventually granted.
Article 6.2 Warranty against hidden defects
Following Article 1641 and next of the French Civil Code, the Company provides the goods without hidden defects which render it unfit for the use for which it was intended, or which decrease the use to such extent that the buyer would not have acquired them or would have paid a lower price if he had known.
Following Article 1648, paragraph 1 of the French Civil Code, the buyer has a period of 2 (two) years from the discovery of the failure of Products to call on the warranty against hidden defects. Any claim made after this period of 2 (two) years from discovery of the defect in the event of hidden defects will be rejected and the Company shall be relieved of all responsibility.
If the delivered Products have hidden defects, the buyer must send an e-mail to email@example.com or contact the Company at +33 (0) 1 40 69 04 40 (price of a call to a fixed in France) between 10h and 19h (Paris time zone), Monday to Friday to notify hidden defects of the Products. The Company acknowledges the request of the buyer and confirms the steps to follow. The buyer then sends non-compliant Products to the Company at the following address: BEAUTY ID, 31 rue François 1er, 75008 Paris, FRANCE. To be returned, the Products must be intact and in their original state, i.e. unused and in their unopened packages, with records and accessories and the original packaging must be used.
Upon reception of the Products supposedly affected by a hidden defect, the Company performs a quality control of the Products to ascertain their compliance. If the hidden defect is confirmed, pursuant to Article 1644 of the Civil Code, the Company will proceed, at the buyer's choice
- either to reimbursement of Products,
- or to a reduction in the price of Products, with shipping costs of the Products at the expense of the Company and under the conditions of these General Conditions of Sale.
Article 6.3 Receipt and verification of Products
It is up to the buyer to verify the number and condition of Products upon receipt.
In case of apparent anomaly of the package (damaged packaging, opened or refurbished packaging, traces of liquid, etc. ...), the buyer will issue the clear and specific reservations necessary with the carrier and/or refuse the package.
In case of anomaly concerning the delivery of Products or, after opening the package, in case of error of delivery, the buyer must make a claim to the Company at firstname.lastname@example.org within a maximum of 5 working days from the date of receipt.
In case of justified refusal of a parcel or delivery errors, the Company will, at its discretion, offer either a refund of the Product(s) concerned and shipping costs within 14 days, or return the Product(s) concerned. The Company reserves the right, at its expense, to ask the buyer to return the product(s) delivered in error and / or damaged in their original packaging at BEAUTY ID, 1 31 rue François, 75008 Paris, FRANCE. The refund of the Product(s) and shipping costs and return costs will be made, if appropriate, within a maximum period of 14 days from the date on which the demand is made.
The buyer has the possibility to be assisted in the complaints procedure by contacting the Company at +33 (0)1 40 69 04 40 (price of a call to a landline in France) between 10h and 19h (Paris time zone) Monday to Friday, without this step waiving compliance with rules and time limits stipulated above. Any claim which fails to comply with the above stipulations cannot be taken into account.
Section 6.4 Right of withdrawal
The buyer has a period of fourteen (14) days to exercise his right of withdrawal without cause with the company from the date of receipt of the Products by sending them, at their expense, to the following address: ID BEAUTY, 31 rue François 1er, 75008 Paris, FRANCE a statement devoid of ambiguity expressing willingness to retract (the date being authentic), or by completing and sending to their costs and to the same address as above the withdrawal form inserted with the product or made from the template below:
WITHDRAWAL FORM TEMPLATE
To the attention of ID BEAUTY, 31 rue François 1er, 75008 Paris, FRANCE:
I hereby notify you of my withdrawal from the contract of the sale of the Products below :
Ordered/received the :
order number :
surname, first name :
The buyer then has fourteen (14) days starting from the communication date of his decision to withdraw from the sale to return the ordered Products to the same address for reimbursement. When returning Products, the buyer must indicate the order number on a document.
To be returned, the Products must be intact and in their original state, i.e. unused and in their unopened packages, with records and accessories and the original packaging must be used.
Upon receipt of the Products on the address indicated above, if the above conditions are met, the Company shall reimburse the Products concerned within a period of fourteen (14) days following the return of the Products or the date on which the buyer provided proof of shipment of Products (whichever is the earliest of these dates), the rest of the order remaining firm and final. The Company will use the same means of payment used when ordering. The shipping costs incurred for the delivery of the order will be refunded, except in case of partial return of Products. In this case, the buyer will have benefitted from the delivery of the remaining Products.
In case of withdrawal, the buyer bears the direct cost of returning the Product(s).
The buyer has the possibility to be assisted in the complaints procedure by contacting the Company at +33 (0) 1 40 69 04 40 (price of a call to a landline in France) between 10h and 19h (time zone Paris) Monday to Friday, without this step waiving compliance with rules and time limits stipulated above. Any claim which fails to comply with the above stipulations cannot not be taken into account.
Article 7. Product information
Features, descriptions, colors, photographs and representations of Products are presented on the site in the most precise and accurate way possible. The Company may however not be held responsible in case of minor variations in the representation of Products.
Article 8. Responsibility
The Company shall not be held liable for breach of contract due to the occurrence of events beyond its control, nor for any indirect damage that may arise from the purchase of Products.
The Company disclaims any liability for:
- malicious actions on the site
- server access interruptions or problems reaching the site
- phone or internet connection problems
- mail routing problems
- malfunctioning hardware or software
- destruction of information provided by the buyer for a reason that is not attributable to the Company
- inaccuracy or omission in the information available on the Site
Article 9. Intellectual property
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, the Site and all elements, trademarks, drawings, models, photographs, text, illustrations, logos, moving or still drawings, with or without sound and graphics found on this Site and their compilation are the exclusive property of the Company. Reproduction or use of all or part of these elements is only authorized for informational purposes for personal and private use, any reproduction or use of copies for other purposes is expressly prohibited. Any other use without the prior written permission of a representative of the Company constitutes infringement and is punishable under Intellectual Property law.
Article 10. Information technology and Freedom
The personal information collected on the Site is subject to a treatment designed for sending a newsletter and/or management of the order of the buyer. The Company and its partners are the exclusive recipients. The Site user has a right of access, rectification, opposition and deletion of data related to them held by the Company by emailing to email@example.com. The Site has been declared to CNIL under the number 2032505 v 0.
Article 11. Partial invalidity
In the event that one or more provisions of the General Conditions of Sale were held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions of the General Conditions of Sale will continue to apply the same terms and conditions.
Article 12. Litigation
These General Conditions of Sale are subject to French law. The parties shall endeavor to settle amicably all disputes concerning the interpretation, implementation or termination of the contract between them. Failing amicable settlement, any dispute will fall under the exclusive jurisdiction of the courts of Paris (France).
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