Legal notice
Article 1. Purpose and Scope of Application
These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale") are intended to define the rights and obligations of the parties within the framework of the online sale on the website accessible at www.rexaline.com (hereinafter referred to as the "Site") of cosmetic products of the "Rexaline" brand (hereinafter referred to as the "Products") marketed by the company CREATION BEAUTE COSMETIQUE, whose headquarters are located at 10 rue Singer 75016 Paris, FRANCE, registered in the Paris Trade and Companies Register under number 890 522 493, whose individual VAT identification number is FR 878 905 224 93 (hereinafter referred to as the "Company") and which has subscribed to a Corporate Civil Liability insurance policy with ALLIANZ - SARL LAROZA & GERONDEAU - 31,rue Chaptal - 92300 Levallois, covering the entire world.
These General Terms and Conditions of Sale are applicable as of October 1, 2023, and apply to all sales of Products on the Site, to the exclusion of any other documents. The Company reserves the right to modify the content at any time without notice, provided that such modifications will not apply to orders previously validated and confirmed by the parties but will be deemed accepted without reservation by any purchaser of Products after their online publication on the Site.
Article 2. Prices
The prices of the Products are firm and expressed in euros, including all taxes (at the applicable VAT rate on the day of the order). They are subject to change at any time without notice. The order is billed to the buyer based on the rates in effect on the Site at the time of its final validation. The prices do not include any additional costs related to the shipping of the Products, which may be charged extra to the buyer and indicated before the final validation of the order.
Article 3. Orders
The purchase of Products on the Site is exclusively reserved for users who are of legal age, holders or co-holders of a bank card, with an email account, who have legal capacity, and who act for personal purposes. Placing an order for Products on the Site implies the user's unreserved acceptance of all the provisions of the General Terms and Conditions of Sale listed on the Site at the time of the order, without the need for a handwritten signature.
No conditions may be incorporated into these without the express written consent of an authorized representative of the Company, as these General Terms and Conditions of Sale constitute the entire basis of the contractual relationship between the parties. To place an order on the Site, the buyer must first indicate their intention to purchase one of the Products presented by clicking on the "Add to Cart" button. To proceed with the purchase of items added to their cart, the user has two options:
- Either click on "Checkout"
- Or go to the cart page by clicking on "View Cart" to verify and confirm the content and amount of their order by clicking on "Checkout"
The user will then be directed to a page where they must provide their billing and delivery address, the type of card used for payment, and the choice of delivery method. Finally, they must check the box "I accept the General Terms and Conditions of Sale" and then click on "Place Order"
Any order validated by the buyer under the conditions and according to the procedure specified above constitutes a firm and definitive purchase commitment.
Payment is made directly in Shopify.
For any order duly validated and paid, the customer will receive by email within 48 business hours an order confirmation mentioning the order number, the Products ordered, and the after-sales service contact details.
In the case of an excessive number of orders from the same buyer, product unavailability, or an error on the Site regarding the description, characteristics, or price, the Company reserves the right to cancel the order. The buyer will be informed by email, fully refunded, and will not be entitled to any compensation of any kind.
The buyer has the option to cancel an order placed on the site by contacting the Company at support@rexaline.com as long as the order has not yet been processed; they will then be fully refunded. Otherwise, the buyer must follow the return procedure detailed in Article 6.4.
Article 4. Payment Terms and Methods
Payments are made on the Site exclusively in euros and by bank card. Data related to bank card payment methods are secured by an encryption process.
The accepted bank cards are Carte Bleue, American Express, and national and international Visa and Mastercard payment cards, excluding any other card. To proceed with the payment, the buyer must provide certain information related to the bank card, including the cardholder's name, card number, expiration date, and security code. The buyer thus guarantees to the Company that they have all necessary authorizations to use the payment card they have selected.
Payment will be considered validated after confirmation of payment approval by the issuing institution. In case of bank refusal, the order will be automatically canceled, and the Company will be discharged from any obligation and responsibility towards the buyer. The Company reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and execution level, in case of non-payment of any amount due by the buyer or in case of a payment incident.
Article 5. Delivery Terms
The Products will be delivered to the address provided by the buyer. No delivery can be made to a P.O. box.
Product shipment occurs within 24 to 48 business hours. The delivery time depends on the chosen carrier. The Company cannot be held responsible for delivery delays.
The Company cannot be held responsible for the loss of an order due to an error concerning the buyer's address or, more generally, their contact details.
Delivery by Colissimo
Upon delivery, the buyer or the order recipient is delivered by a Colissimo employee or any other transport company chosen by the Company.
In case of absence, the buyer or the recipient of the ordered product receives a delivery notice, allowing them to contact the carrier using the details on the delivery notice to arrange another delivery day. If the package is not collected within 10 business days from the receipt of the delivery notice, the package will be returned to the Company, and the buyer will be refunded, by any means, at the Company's choice, the order amount minus the delivery fees. No delivery-related disputes are possible if the package appears to have been delivered, with the carrier's computer system (scanning) serving as proof.
Article 6. Complaints
The Company guarantees that the Products comply with the applicable standards and regulations in force in the European Economic Area regarding quality, traceability, safety, consumer protection, composition, labeling, and marking. It guarantees that the Products do not have any defects or flaws making them unsuitable for use under normal conditions.
Article 6.1 Legal Warranty of Conformity
In accordance with Articles L 211-4 et seq. of the Consumer Code, the Company is required to deliver a product that conforms to the order placed by the buyer and is liable for any conformity defects existing at the time of delivery. In accordance with Article L 211-12 of the Consumer Code, the buyer has a period of two (2) years from the delivery of the Products to exercise the legal warranty of conformity and is exempt from proving the existence of the conformity defect of the product. Any claim made after this two-year period will be rejected, and the Company will be released from all liability. If the delivered Products are not in conformity with the Products ordered by the buyer, the latter must send an email to support@rexaline.com to notify the non-conformity of the Products. The Company acknowledges receipt of the buyer's request and confirms the procedure to follow. The buyer then returns the non-conforming Products to the Company at the following address: CREATION BEAUTE COSMETIQUE, Rexaline Labs, 10 rue Singer 75016 Paris, FRANCE. The Products must be returned intact and in their original state, i.e., unused and in their unopened packaging, with instructions and accessories, and the original packaging must be used. Upon receipt of the presumed non-conforming Products, the Company conducts an inspection to verify their conformity. If the non-conformity of the Products is confirmed, the Company will, at the buyer's choice, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code:
- either exchange the non-conforming Products, with the exchange shipment to the buyer being at the Company's expense and under the conditions of these GTC.
- or repair the non-conforming Products, with the repair shipment to the buyer being at the Company's expense and under the conditions of these GTC. The legal warranty of conformity applies independently of any commercial warranty that may be granted.
Article 6.2 Warranty Against Hidden Defects
In accordance with Articles 1641 et seq. of the Civil Code, the Company is liable for hidden defects in the sold item that make it unfit for its intended use, or that reduce its use so much that the buyer would not have acquired it or would have paid a lower price if they had known about the defects. In accordance with Article 1648 paragraph 1 of the Civil Code, the buyer has a period of two (2) years from the discovery of the defect to exercise the warranty against hidden defects. Any claim made after this two-year period from the discovery of the defect in the case of hidden defects will be rejected, and the Company will be released from all liability. If the delivered Products have hidden defects, the buyer must send an email to support@rexaline.com to notify the hidden defects of the Products. The Company acknowledges receipt of the buyer's request and confirms the procedure to follow. The buyer then returns the Products affected by a hidden defect to the Company at the following address: CREATION BEAUTE COSMETIQUE, Rexaline Labs, 10 rue Singer 75016 Paris, FRANCE. The Products must be returned intact and in their original state, i.e., unused and in their unopened packaging, with instructions and accessories, and the original packaging must be used. Upon receipt of the Products affected by a hidden defect, the Company conducts an inspection to verify the hidden defect. If the hidden defect is confirmed, the Company will, at the buyer's choice, refund the price of the Products affected by a hidden defect and the shipping costs incurred for the return, or retain the Products affected by a hidden defect and refund part of the price.
Article 6.3 Reception and Verification of Products
The buyer or the order recipient must verify the apparent condition of the Products at the time of delivery. In the event of a delivery error or the delivery of a Product not conforming to the order, or a Product delivered damaged, the buyer or the order recipient must formulate any reservations to the carrier and inform the Company at support@rexaline.com within five (5) business days following receipt of the Products. The Company will then send an acknowledgment of receipt of the request to the buyer or order recipient, and the Products must be returned intact and in their original state, i.e., unused and in their unopened packaging, with instructions and accessories, and the original packaging must be used. Any claim made after this period will be rejected, and the Company will be released from all liability. If the Company finds an apparent defect or a lack of conformity, it undertakes to replace the Product, provided that the Product is available in stock, or to refund the amount of the order to the buyer. In the absence of an apparent defect or a lack of conformity, any Product return is subject to the provisions of Article 6.4 concerning the right of withdrawal.
Article 6.4 Right of Withdrawal
In accordance with Article L. 121-21 of the Consumer Code, the buyer has a period of fourteen (14) days from the day they, or a third party other than the carrier, takes physical possession of the Products to exercise their right of withdrawal without having to justify their decision. To exercise their right of withdrawal, the buyer must notify their decision to withdraw from the purchase in an unambiguous declaration by email to support@rexaline.com. The Company will then acknowledge receipt of the buyer's request and confirm the procedure to follow. The buyer must then return the Products to the Company within fourteen (14) days of notification of their decision to withdraw, at their expense and risk, to the following address: CREATION BEAUTE COSMETIQUE, Rexaline Labs, 10 rue Singer 75016 Paris, FRANCE. The Products must be returned intact and in their original state, i.e., unused and in their unopened packaging, with instructions and accessories, and the original packaging must be used. The refund of the amount of the returned Products and the original shipping costs will be made by the Company within fourteen (14) days following the receipt of the returned Products, by the same means of payment used by the buyer at the time of the initial order. If the Products are returned incomplete, damaged, or in a condition that suggests they have been used, the Company reserves the right to refuse the refund or to apply a discount on the refund amount. The buyer acknowledges that they will bear the costs of returning the Products in case of withdrawal.
Article 7. Product Information
The essential characteristics and descriptions of the Products are presented on the Site in the most precise and accurate way possible.
Article 8. Liability
The Company is responsible for the proper performance of the obligations resulting from the contract concluded online, whether these obligations are to be performed by itself or by other service providers, without prejudice to its right of recourse against them. However, the Company may exonerate itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the buyer or to the unpredictable and insurmountable fact of a third party not usually involved in the provision of the services, or to a case of force majeure.
Article 9. Intellectual Property
The Site and all its elements (including texts, photographs, videos, brands, models, images, illustrations, logos, etc.) are the exclusive property of the Company and/or its partners and are protected by intellectual property rights in France and worldwide. Any reproduction or representation of all or part of the Site and/or its elements is strictly prohibited without the Company's express prior consent.
Article 10. Data Protection
Personal data collected by the Company during any order placement is necessary for the management of the order by the Company and its service providers. In accordance with the French Data Protection Act, the buyer has a right of access, rectification, opposition, and deletion of their personal data. To exercise this right, the buyer must send an email to support@rexaline.com or write to the following address: CREATION BEAUTE COSMETIQUE, Rexaline Labs, 10 rue Singer 75016 Paris, FRANCE. The buyer may also, for legitimate reasons, object to the processing of their personal data.
Article 11. Partial Invalidity
If one or more provisions of these General Terms and Conditions of Sale are held invalid or declared as such by a final decision of a competent court or other competent authority, the other provisions will retain their full force and scope.
Article 12. Dispute Resolution
These General Terms and Conditions of Sale are subject to French law. In the event of a dispute, the parties will seek an amicable solution before taking any legal action. The buyer may contact customer service at support@rexaline.com. If an amicable solution cannot be reached, any dispute relating to the interpretation, validity, execution, or termination of the contract concluded online, and more generally to any difficulties relating to orders or these General Terms and Conditions of Sale, will be brought before the competent court at the place of residence of the defendant or the place of actual delivery of the Product. In accordance with European Regulation No. 524/2013, the buyer can also use the online dispute resolution platform (ODR) established by the European Commission, accessible at the following address: https://ec.europa.eu/consumers/odr.
Article 13. Publication Director and Host
- Publication Director: Mr. Hervé JOSSERAND
- Host: OVH, 2 rue Kellermann - 59100 Roubaix - France
