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 company RARE PARIS COSMETICS with a capital of 30,000 euros, whose registered office is at 26 rue de Montholon, 75009 Paris, registered in the Paris Trade and Companies Register under number 977 552 900. The telephone number for contacting the company RARE PARIS COSMETICS is 01 89 43 66 66 (accessible Monday to Friday, from 9:30 a.m. to 5 p.m.). The Site allows RARE PARIS COSMETICS to offer cosmetic products (hereinafter referred to as the "Products") for sale to Internet users browsing the Site (hereinafter referred to as "Users"). For the purposes of this Agreement, it is agreed that the User and RARE PARIS COSMETICS will be collectively referred to as the "Parties" and individually 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 User's personal use, without any direct connection with the User's professional activity. As such, the User's attention is particularly drawn to the fact that the amount of their order must not exceed the sum of 800 euros. The User who wishes to purchase on the Site declares that they have full legal capacity. These general terms and conditions of sale comply with the provisions of Law No. 2014-344 of March 17, 2014 relating to consumption.

Article 1. Purpose

The purpose of these general terms and conditions of sale is to define, worldwide, exclusively by reason of the relationships they establish on the Internet network 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 to have read them and any order of one or more products from the Buyer implies his/her unreserved acceptance and his/her prior, full and complete adherence to these general terms and conditions of sale and guarantees which prevail over any other document, except for special conditions expressly agreed in writing by RARE PARIS COSMETICS.

Article 2. Products - Prices - VAT

2.1. Products

The Products offered for sale by RARE PARIS COSMETICS are those appearing on the Site, on the day the User consults the Site, and within the limits of available stocks. The photographs illustrating the Products do not enter into the contractual scope.

2.2. Price

Product prices are indicated in euros. They include 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 based on the rates in effect at the time the order is registered, subject to the availability of the said Products. Any shipping costs are invoiced in addition.

2.3. VAT

In accordance with current legislation, VAT collected on sales is paid in France.

Article 3. Registration and validation of the order

3.1. Navigation within the Site

The User can freely navigate the different pages of the Site, without being committed to an order.

3.2. Recording an order

If the User wishes to place an order, he will choose the different Products in which he is interested, and will express this 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 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 can continue his order by clicking on: "Order". The User must then identify himself, either by entering his email address and password, if he is already a Buyer or member, or by accurately completing 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 indicates his consent.

3.3. Final validation of the order – Payment security

After reviewing the status of their order, and once all the requested information has been provided by the User, they will choose the payment method they wish to use to pay for their order. The User will click on "Payment" to pay for their order. The User can pay for their purchases by credit card (Visa, Mastercard). They must provide the name on the card, the card number, its expiry date and the verification code located on the back of the card. Payments by credit card on the RARE PARIS COSMETICS website are made through the secure payment system of Banque Caisse d'Épargne. 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 they validate the payment, the User returns to the Website. Their order is registered and becomes irrevocable. The User then becomes a Buyer. The purchase order is recorded in the computer records of RARE PARIS COSMETICS, which are themselves stored 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 authorized to use the payment card used, that the latter is valid and provides access to sufficient funds to cover all costs necessary to settle the order.

3.4. Confirmation of the order

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 his identification. He will be reminded in particular of: the terms of payment, delivery and, where applicable, 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 his complaints, information relating to after-sales service and commercial guarantees.

Article 4. Delivery

4.1. Delivery costs

The order will be executed at the latest within thirty (30) days from the day following the validation by the Buyer of his order.

4.2. Delivery terms

Upon receipt of the ordered Products, the Buyer must check 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 to him 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 the first working day following receipt, to the RARE PARIS COSMETICS customer service, by e-mail addressed to info@rare-paris.com or by telephone on 01 89 43 66 66. Any claim made after this deadline will be rejected and RARE PARIS COSMETICS will be released from all liability. In the event of an anomaly concerning the package or the Product(s), and after having reported it to RARE PARIS COSMETICS within the aforementioned period, the Buyer must return it(them) in its(their) original packaging and 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 references, the invoice number and date, the Product reference(s) as well as the reason for the request. RARE PARIS COSMETICS reserves the right to check the returned Product(s), to study the reason for the request and consequently to proceed or not to 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 Buyer's prior agreement, a product of equivalent quality and price will be offered to the Buyer. If the Buyer fails to agree, the Buyer may, where applicable, be reimbursed no later than thirty (30) days after payment of the amounts paid. RARE PARIS COSMETICS declines all liability in the event of non-delivery or delay in delivery due to force majeure, the actions 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 customer service, by email to info@rare-paris.com or by telephone at 01 89 43 66 66.

Article 5. Right of withdrawal

In accordance with Article L221-24 of the Consumer Code, the Buyer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from RARE PARIS COSMETICS. During these fourteen (14) days, the Buyer may therefore request an exchange or refund without having to provide 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 period of fourteen (14) days expires on a Saturday, Sunday or a public holiday, it is extended until 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 accepted.

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

In accordance with Article 9.4, the Buyer agrees to waive his 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 declaration, by email to info@rare-paris.com or by post to the following address:

RARE PARIS COSMETICS, 26 rue de Montholon, 75009 Paris

The Buyer can use the model withdrawal form below:

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

___________

To the attention of RARE PARIS COSMETICS, 26 rue de Montholon, 75009 Paris – info@rare-paris.fr :

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below: Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :

(*) Delete as appropriate.

___________

The Buyer must then return, at his/her own expense, the Product(s) in its/their original packaging as well as the gifts and samples received, at the latest within fourteen (14) days following the communication of his/her 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 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 from receipt by RARE PARIS COSMETICS of the products returned by the Buyer under the conditions provided for in this article. The initial delivery shipping costs are included, with the exception of return costs which remain the responsibility of the Buyer.

Article 6. Legal Guarantee

6.1. LEGAL GUARANTEES

All products on 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 products delivered 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 conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility. ”
• Article L217-5: “ The good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: – if it corresponds to the description given by the seller and has the qualities that the latter 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 view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by 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 prescribed by two years from the delivery of the goods. ”

6.1.2 Warranty against hidden defects

The French Civil Code provides the following in terms of the guarantee against hidden defects:

Article 1641 of the Civil Code: “ The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. ”

Article 1648 of the Civil Code: " The action resulting from latent 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, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity. "

6.1.3 Exclusion of warranties

Products modified, repaired, integrated, or added by the Buyer are excluded from the warranty. The warranty does not apply to visible defects. The warranty does not cover products damaged during transport or due to misuse.

6.2 TERMS AND CONDITIONS FOR IMPLEMENTING LEGAL GUARANTEES

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

• Benefits from a period of two years from delivery of the goods to act;
• May choose between repair or replacement of the goods, subject to the cost conditions provided for in article L217-9 of the Consumer Code;
• The person is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been 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 the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

For any request concerning 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 at 01 89 43 66 66 (Free service + call price) from France, or +33 1 89 43 66 66 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 are not exclusive of the right of withdrawal defined in article 6 above.

6.3 CONSEQUENCES OF THE IMPLEMENTATION OF GUARANTEES

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

• Either replace the product with an identical product depending on available stocks,
• Or to reimburse the price of the product if the replacement of a product proves impossible.

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

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

Article 7. Information technology and freedoms

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 this information will automatically result in the order being rejected. In accordance with the Data Protection Act, the processing of personal information collected on the Site has been declared to the National Commission for Information Technology and Civil Liberties. 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 RARE PARIS COSMETICS consumer service – 26 rue de Montholon, 75009 Paris or an email to info@rare-paris.fr .

7.2. TELEPHONE CANVASING

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

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

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 meeting the criteria set out in case law shall be considered as cases of force majeure.

The Party invoking an event constituting force majeure must notify the other Party within five working days following the occurrence or threat of this event. The Parties agree that they must consult as soon as possible in order to jointly determine the terms of execution of the order during the duration of the force majeure event.

Article 9. Partial invalidity

If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions 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 a contradiction between these documents, the general terms and conditions of sale shall prevail.

Article 11. Intellectual Property

The rare-paris.com website is an intellectual property protected by Intellectual Property Law. Each of the elements that compose it (such as, in particular, trademarks, logos, photographs, images, illustrations, texts, slogans, videos) are the exclusive property of RARE PARIS COSMETICS, which alone is authorized to use the intellectual property rights and personality rights relating thereto.

Any reproduction and/or representation, in whole or in part, use, adaptation or modification, of the Site or of any of the elements that compose it on any medium whatsoever, and in any form whatsoever, for other purposes and 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 authorization of RARE PARIS COSMETICS.

The brands cited on the Site are registered trademarks and therefore protected and are the exclusive property of RARE PARIS COSMETICS.

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, will, in the absence of an amicable agreement, be 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 in application of the General Conditions of Sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between RARE COSMETICS PARIS and the Buyer will 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 – Consumer Mediation Center of Justice Conciliators” 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 not resolved amicably, the Mediator Service may be contacted for any consumer dispute that has not been resolved. To find out how to contact the Mediator, click here .

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