Terms of sale

Bien sûr, je vais traduire le texte dans la même langue cible et avec le même niveau de formalité. Voici la traduction :

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Article 1. Objectif et Champ d'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 in the context of online sales 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 the "Products") marketed by the company CREATION BEAUTE COSMETIQUE, headquartered at 10 rue Singer 75016 Paris, FRANCE, registered with 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 having taken out Business Liability Insurance with ALLIANZ - SARL LAROZA & GERONDEAU - 31, rue Chaptal - 92300 Levallois, extended worldwide.

These General Terms and Conditions of Sale are applicable as of October 1, 2023, and apply to all sales of Products on the Site, excluding any other document. However, the Company reserves the right to modify the content at any time and without notice, provided that such modifications shall not apply to orders previously validated and confirmed by the parties, but deemed accepted without reservation by any purchaser of Products subsequently to their publication online on the Site.

Article 2. Price

The prices of the Products are firm and expressed in euros, all taxes included (at the VAT rate applicable on the day of the order). They are subject to change at any time and without notice.

The order is invoiced to the buyer based on the rates in effect on the Site at the time of final validation.

Prices do not include any additional shipping costs, which, if applicable, are invoiced in addition to the buyer and indicated before final validation of the order.

Article 3. Order

The purchase of Products on the Site is reserved exclusively for adult users, holders or co-holders of a bank card, with an email account, having legal capacity, acting for personal purposes.

Placing an order for Products on the Site implies the user's, hereinafter referred to as the buyer, adherence, without restriction or reservation, to all the provisions of the General Terms and Conditions of Sale appearing on the Site at the time of the order, without, however, this acceptance being endorsed by a handwritten signature on his part.

No condition may be integrated into these without the express and written agreement of an authorized representative of the Company, these General Terms and Conditions of Sale constituting the entire basis of the contractual relationship between the parties.

To place an order on the Site, the buyer must first express his intention to purchase one of the Products presented by clicking on the "Add to cart" button.

In order to be able to order what he has added to his cart, the user will have two options.

• Either he will have to click on the "Order" button

• Or he will have to go to the shopping cart page by clicking on the "View cart" button to check and confirm the content and amount of his order by clicking on the "Order" button

The user will then be directed to a page where he will have to provide his billing address, delivery address, the type of card used for payment, and the choice of delivery type.

Finally, he will have to "tick" the box entitled "I accept the General Terms and Conditions of Sale" and then click on the "Place order" button

Any order validated by the buyer under the conditions and according to the procedure stipulated above constitutes a firm and definitive commitment to purchase.

Payment is made directly through Shopify.

For any duly validated and paid order, the customer will receive by email within 48 working hours an order confirmation mentioning the number of his order, the Products ordered, and the contact details of the after-sales service.

In the event of an excessive number of orders from the same buyer, unavailability of a product, or error on the Site concerning in particular the description, characteristics, or price, the Company reserves the right to cancel the order. The buyer will then be informed by email, will be fully refunded, and will not be entitled to any compensation of any kind.

The buyer has the possibility 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; he will then be fully refunded. Otherwise, the buyer must comply with the procedure detailed in article 6.4 for the return of the Products.

Article 4. Terms and Methods of Payment

Payments are made on the Site exclusively in euros and by credit card. Data relating to payment by credit card is secured by an encryption process.

Accepted credit cards are Carte Bleue, American Express, and national and international Visa and Mastercard debit cards, to the exclusion of any other card.

To proceed with payment, the buyer must provide certain information relating to the credit card, including the cardholder's name, credit card number, expiration date, and cryptogram number. The buyer thus guarantees to the Company that he has all the necessary authorizations to use the payment card he has selected.

The payment will be considered validated after confirmation of the payment agreement made by the issuing bank. In the event of refusal by the bank, the order will be automatically canceled, and the Company will then be released from any obligation and liability towards the buyer. The Company reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any sum due by the buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site and the payment of an order.

Article 5. Delivery

The Products are delivered to the delivery address indicated by the buyer when placing the order.

Delivery times are on average 2 to 3 working days from the date of validation of the order, subject to payment validation and availability of the Products. These deadlines are indicative and may vary depending on the destination.

If the Products are not delivered within 30 days of the expected delivery date, and this delay is not due to a case of force majeure, the buyer may request the cancellation of the sale by sending a registered letter with acknowledgment of receipt to the address indicated in article 1. This cancellation will be considered effective upon receipt by the Company of the registered letter. The Company will then reimburse the buyer for the full amount paid for the Products, within 14 days of the date of effective cancellation of the sale.

The Company cannot be held responsible for any delay in delivery or non-delivery of the Products due to errors or disturbances attributable to carriers (total or partial strikes, in particular of the postal services and means of transport and/or communication).

Article 6. Complaints, Returns, Exchanges, and Refunds

6.1. Complaints:

Any complaint concerning a Product must be addressed to the after-sales service by email at support@rexaline.com within a maximum of 14 days from the date of receipt of the Product by the buyer.

6.2. Returns and Exchanges:

Subject to compliance with the conditions set out in this article, the buyer has a period of 14 calendar days from the date of receipt of the Products to exercise his right of withdrawal, without having to justify reasons or pay penalties.

Any request for withdrawal made after this period of 14 days will be systematically refused.

To exercise his right of withdrawal, the buyer must inform the after-sales service of his decision to withdraw by sending, before the expiry of the aforementioned period, the standard withdrawal form available on the Site or any other unambiguous statement expressing his desire to withdraw.

The buyer must then return the Products to the Company, without undue delay and no later than 14 days from the date of communication of his decision to withdraw, in their original packaging, unopened, accompanied by the purchase invoice and the duly completed return slip.

The return costs are the responsibility of the buyer.

In the event of exercise of the right of withdrawal, the Company will refund the buyer the price of the returned Products, less any discounts granted and excluding delivery costs, without undue delay and, in any event, no later than 14 days from the date of receipt of the returned Products.

6.3. Refunds:

Refunds are made using the same payment method used by the buyer for the initial transaction, unless expressly agreed otherwise by the buyer and provided that the refund does not incur any costs for the buyer.

6.4. Procedure for Returning Products:

To return a Product, the buyer must first contact the after-sales service by email at support@rexaline.com, indicating his intention to return the Product, the reason for the return, and the order number.

The buyer must then return the Product to the Company, without undue delay and no later than 14 days from the date of communication of his decision to return, in its original packaging, unopened, accompanied by the purchase invoice and the duly completed return slip.

The return costs are the responsibility of the buyer.

Article 7. Legal and Commercial Guarantees

7.1. Legal Guarantee of Conformity:

The Company is bound by the legal guarantee of conformity provided for in Articles L.217-4 to L.217-14 of the Consumer Code and the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

The Products sold on the Site comply with the regulations in force in France.

7.2. Legal Guarantee against Hidden Defects:

In accordance with the provisions of Articles 1641 et seq. of the Civil Code, the Company guarantees the buyer against hidden defects affecting the Products sold on the Site.

7.3. Commercial Warranty:

In addition to the legal guarantees provided for in articles 7.1 and 7.2 above, the Products sold on the Site may be covered by a commercial warranty, the terms and conditions of which are specified in the product description.

Article 8. Intellectual Property

All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademark law, and patent law.

As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, commercialization, partial or complete by any process and on any medium whatsoever, without the prior written consent of the Company, is prohibited under penalty of constituting an infringement of copyright and/or designs and/or trademarks and/or patents, punishable by criminal penalties.

Article 9. Personal Data

The personal data collected by the Company in the context of the sale of Products on the Site is subject to computer processing intended for the management of orders placed by buyers and, where applicable, for sending newsletters.

The data collected is intended for the exclusive use of the Company's internal services and may be communicated to its subcontractors, as well as to its payment partners and banking institutions, for the sole purpose of processing the buyer's orders.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, known as the "Data Protection Act", the buyer has the right to access, rectify, oppose, and delete data concerning him. To exercise these rights, the buyer must send a request by email to the Company's after-sales service at support@rexaline.com.

Article 10. Applicable Law and Dispute Resolution

These General Terms and Conditions of Sale are subject to French law.

In the event of a dispute arising from the interpretation, execution, or termination of these General Terms and Conditions of Sale, the parties shall endeavor to resolve it amicably.

In the absence of an amicable resolution, the dispute will be brought before the competent courts of Paris, notwithstanding plurality of defendants or appeal in warranty.

Article 11. Partial Invalidity

In the event that one or more provisions of the General Terms and Conditions of Sale are deemed invalid or declared as such in accordance with a law, regulation, or final decision of a competent court, the other provisions of the General Terms and Conditions of Sale shall continue to apply in the same terms and conditions.

Article 12. Dispute Resolution - Mediation - Alternative Dispute Resolution

12.1. Dispute Resolution

These General Terms and Conditions of Sale are subject to French law. The parties shall endeavor to settle amicably any dispute relating to the interpretation, performance, or termination of the contract concluded between them. In the absence of an amicable settlement, any dispute shall be under the exclusive jurisdiction of the defendant's domicile.

12.2. Mediation

In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L. 612.2 of the Consumer Code, has the option of initiating a request for amicable resolution through mediation, within a period of less than one year from their written complaint to the professional.

This establishment has designated, by registration under number 51584/VM/2309/49, SAS Médiation Solution as the consumer mediation entity.

To contact the mediator, the consumer must submit their request:

• Either in writing to:

SAS Médiation Solution

222 chemin de la bergerie

01800 Saint Jean de Niost

Tel. 04 82 53 93 06

• Or by email to: contact@sasmediationsolution-conso.fr

• Or by completing the online form titled "Submit a complaint to the mediator" on the website https://www.sasmediationsolution-conso.fr

Regardless of the method used to submit the request, it must contain:

• The postal, telephone, and electronic contact details of the applicant,

• The name, address, and registration number with SAS Médiation Solution of the professional concerned,

• A brief statement of the facts. The consumer will specify to the mediator what they expect from this mediation and why,

• Copy of the prior complaint,

• All documents necessary for processing the request (order form, invoice, proof of payment, etc.)

12.3. Alternative Dispute Resolution (ADR)

The European Commission provides a European platform for online dispute resolution (ODR). If you are a consumer residing in the European Union, Norway, Iceland, or Liechtenstein, you can use it to settle a dispute with a professional established in the Union, provided that they engage in online sales or service contracts.

In accordance with Article 14 of Regulation (EU) No 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes (ODR Regulation), it is specified that:

• The electronic link to the Online Dispute Resolution (ODR) platform is as follows: ec.europa.eu/consumers/odr

• The email address of the company that can be used to settle a dispute via the ODR platform is as follows: support@rexaline.com

Article 13. Publisher and Host

Publisher: Mr. Hervé JOSSERAND

The website www.rexaline.com is hosted by the OVH service, 2 rue Kellermann - 59100 Roubaix - France.