Términos de oferta
GENERAL TERMS AND CONDITIONS OF SALE
CONSUMER CUSTOMER
Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION
1.1 These General Terms and Conditions of Sale (“the GTC”) define the rights and obligations of the parties in the context of the online sale of Products offered by the company HRD ECOM (“the Company”).
1.2 Any Order placed on the website riccardiparis implies the prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are governed by French law. These GTC therefore form an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer who declares having read and accepted them, without restriction or reservation, before placing the Order.
1.3 These GTC apply to any Order placed by an adult natural person acting as a consumer. The Customer therefore certifies that they are a natural person over 18 years old, acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity. The Customer acknowledges having full legal capacity to enter into commitments when placing an Order and undertakes to provide truthful information regarding their identity.
1.4 EXCLUSION: Persons acting as professionals are expressly excluded from the scope of these GTC, i.e., natural or legal persons, public or private, acting for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they act in the name or on behalf of another professional.
Professionals wishing to place an Order with the Company are invited to contact us directly.
1.5 The GTC applicable to each Order are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. The Company reserves the right to modify them at any time by publishing a new version on its website. These GTC can be consulted on the Company’s website at the following address: www.riccardiparis and can be downloaded in PDF format.
Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1. Order placement process
To purchase one or more Products on the site, the Customer selects each Product and adds it to their cart. Once their selection is complete, they must confirm their cart to proceed to the Order (1st click).
At this stage, the Customer is redirected to a page containing:
A summary of the selected Products, the corresponding prices, delivery terms and delivery fees. It is then the Customer’s responsibility to verify and, if necessary, correct the contents of their cart.
These GTC. It is the Customer’s responsibility to read them carefully before validating the entire Order.
This validation of the Order after checking the cart and reading the GTC (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click results in an obligation to pay on their part.
The Customer is then redirected to the payment page. They may choose between the various payment methods offered and proceed to pay for their Order.
After validating their Order and making payment, the Customer receives, at the email address they provided to create their account, a confirmation message from the Company. This message contains, in PDF format:
The summary of their order (selected Product(s), prices, delivery terms and fees);
The precise identification of the company HRD ECOM and its activity;
The Order number;
The terms, conditions and withdrawal form;
These GTC in PDF format.
In the event of non-receipt of the Order confirmation, the Customer is advised to contact the Company via the contact form available on the website.
The Customer then receives a purchase invoice transmitted electronically, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice that is also transmitted electronically, as these documents may be produced as proof of the Contract.
2.2 Cases of refusal to validate the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not compliant with the GTC;
Ordered quantities not corresponding to normal use by a consumer Customer;
Non-payment of a previous Order or an ongoing dispute regarding a previous Order;
Suspicion of fraud on the Order (supported by a set of consistent indicia).
Article 3 – PRODUCT SPECIFICATIONS AND AVAILABILITY
3.1 Product specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company’s websites, as well as, where applicable, information on the use of the product.
Although the Company takes reasonable care to ensure that the Specifications are accurate, said Specifications, subject to certain exceptions such as pricing information, are provided by the Company’s suppliers. Consequently, the Company declines any responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in the French language. The Parties agree that illustrations, videos, or photos of the Products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company’s websites.
3.2 Product availability
Product offers are valid within the limits of available stocks at our suppliers. This availability of Products is normally indicated on the specific Product page.
However, insofar as the Company does not reserve stock (except in special cases of Products indicated as pre-order on the Product sheet), adding a Product to the cart does not absolutely guarantee the availability of the Product or its price.
In the event that a Product becomes unavailable after validation of the Customer’s Order, the Company will inform the Customer immediately by email. The Order will be automatically cancelled and the Company will refund the price of the initially ordered Product, as well as any sum paid in respect of the Order.
However, if the Order contains other Products than the one that became unavailable, these will be delivered to the Customer and the delivery fees will not be refunded.
Article 4 – PRODUCT PRICES
4.1 Prices indicated on the website
The prices of Products offered on the website are indicated in euros, all taxes included (TTC), including French VAT at the rate in force at the time of order validation. Delivery fees are indicated separately and clearly during the ordering process.
4.2 Price changes
The Company reserves the right to modify Product prices at any time, in accordance with applicable legislation. However, Products ordered will be invoiced on the basis of the price in force at the time of the Customer’s final validation of the order.
4.3 Delivery fees and ancillary fees
The displayed prices of Products do not include shipping, packaging, transport, or insurance costs. These costs are specified separately during the ordering process before final validation by the Customer.
4.4 Possible customs duties (deliveries outside the European Union)
For orders delivered outside the European Union, customs duties or additional local taxes may be payable upon receipt. These possible charges are the exclusive responsibility of the Customer, who is fully responsible for them with the competent local authorities. The Company has no control over these charges and cannot therefore be held responsible for their amount or payment.
Article 5 – PAYMENT OF THE PRICE OF PRODUCTS
5.1 Time of payment
Payment of the total price of the Order must be made immediately after validation of the Order.
The Company may, exceptionally, grant payment in installments, notably with regard to the amount to be paid and its knowledge of the Customer concerned. However, the Company has no obligation to grant such payment terms. In the event of a particular situation, the Customer may request this by contacting the Company’s Customer Service at the following address: contact@riccardiparis.
5.2 Payment methods
To pay for their Order, the Customer may choose between different payment methods:
Payment by bank card:
Only bank cards linked to a banking institution located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees the Company that they have the necessary authorizations to pay with the bank card used. The Customer expressly acknowledges that the commitment to pay given by card is irrevocable and that communicating their bank card number constitutes authorization to debit their account up to the total amount corresponding to the ordered Products. The amount will be debited at the time of validation of the Order.
Payments by bank card are made via a secure payment platform and the bank card information communicated benefits from SSL encryption.
Payment via PayPal
Payment by PayPal is accepted up to a limit of €1,000.
It is emphasized that in the event of using this payment method, PayPal’s General Terms of Use, which are available on their website, are added to these GTC.
Payment by gift vouchers and/or promo codes
Gift vouchers and/or promotional codes issued by the Company may be used to pay all or part of the Order. These gift vouchers and/or promotional codes are valid only once. In the event of an attempt at fraudulent use of gift vouchers and/or promotional codes, the Company may proceed with the pure and simple cancellation of the Order.
In general, in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order.
The Company reserves the right to suspend at any time any of the payment methods, notably in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer regarding a previous Order.
The Company reserves the possibility of implementing an Order verification procedure intended to ensure that no person uses another person’s bank details without their knowledge. As part of this verification, the Customer may be asked to send by email or by post to the Company a copy of an identity document, proof of address as well as a copy of the bank card used for payment. Precise indications on the exact content of the requested information (to preserve the confidentiality of their data) will be communicated to the Customer in case of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 – DELIVERY – CUSTOMS CLEARANCE – RECEIPT
6.1 Delivery
Before validation of the Order, the Company provides the Customer with information concerning the different delivery methods as well as their respective prices. Following the Customer’s choice of delivery method, the Company provides an estimate of the delivery time.
The Company will make every effort for the Product(s) to be delivered no later than the scheduled delivery date. In the event of difficulty, the Company undertakes to communicate quickly with the Customer to inform them and to seek with them an appropriate solution.
Air transport, shipment and/or delivery of the Product(s) will be entirely borne by the Customer (“Delivery Fees”). These delivery fees are included in the final price invoiced to the Customer at the time of the Order. However, any potential customs fees are not included in the price invoiced to the Customer by the Company.
Depending on the options chosen by the Customer, delivery will be made either to the address indicated by the Customer, or, where applicable, to a pickup point chosen by the Customer from the list of available points. It is therefore the Customer’s responsibility to check the information provided for delivery, as the Customer remains solely responsible in the event of delivery failure due to incomplete or incorrect information.
6.2 Receipt
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and not damaged.
In the event an anomaly is noted, the Customer must contact the Company’s Customer Service within three days (excluding public holidays) following the date of receipt of the Product. Any claim submitted after this period cannot be processed.
Article 7 – WITHDRAWAL
7.1 Principle and period
The Customer has the right to withdraw, without giving any reason, within a period of fourteen (14) calendar days from the date of receipt of their Order. In the case of an Order for several Products, the period runs from receipt of the last Product.
In the event of exercising the right of withdrawal within the period mentioned above, the price of the Product(s) purchased and the shipping costs will be refunded, return costs remaining at the Customer’s expense.
7.2 Exclusions
In accordance with the provisions of articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
For the supply of goods made according to the consumer’s specifications or clearly personalized;
For the supply of goods likely to deteriorate or expire rapidly;
For the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
For the supply of goods which, after having been delivered and due to their nature, are inseparably mixed with other items;
For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
For maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by them, within the limit of the spare parts and work strictly necessary to respond to the emergency;
For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
For the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Concluded at a public auction;
7.3 Conditions for exercising the right of withdrawal
To exercise their right of withdrawal, the Customer must inform the Company of their intention to withdraw either by completing the standard form, a model of which appears below, or by sending an unambiguous statement expressing their intention to withdraw within the 14-day period mentioned above.
Model standard withdrawal form:
To the attention of the company HRD ECOM, (name of the relevant website), Customer Service, 11 rue du canada, Cognac, 16100.
I, the undersigned ______ hereby notify you of my withdrawal from the contract relating to the sale of the Product below:
Product name:
Date of order and receipt:
Order number:
Withdrawal request tracking number:
Customer name:
Customer address:
Customer signature: (only in the event of notification of this form on paper)
Date:
This form must be sent to the Company at one of the following addresses:
For a paper submission: HRD ECOM, Customer Service, 11 rue du canada, Cognac, 16100
For an electronic submission: at the address: contact@riccardiparis
The Customer has a period of 14 days from sending the notification of their withdrawal to return the Product to the Company in its original packaging, return costs being the exclusive responsibility of the Customer.
Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) in order to allow resale by the Company. In the event of receipt of Products that are opened, used, incomplete, damaged or soiled, the Company will not issue any refund and may even, if it deems it necessary and appropriate, engage the Customer’s liability for depreciation of the Product.
In the event of return of the Product under the conditions provided by law and these GTC, the Company will refund all sums paid by the Customer, including delivery costs, within 14 days of the withdrawal notification, unless the Product is returned afterwards. In this case, the Company will only refund after receipt and verification of the condition of the returned Product.
This refund will be made using the same payment method as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another payment method. In the event of payment by gift voucher/promo code, the Customer will be refunded either by sending new gift vouchers/promo codes for an amount identical to that paid in this form.
Article 8 – WARRANTIES
8.1 Legal warranties
The Company remains liable for defects in conformity of the good in accordance with the provisions of articles L.217-4 and following of the French Consumer Code as well as for hidden defects of the sold item in accordance with articles 1641 and following of the French Civil Code.
When acting under the legal warranty of conformity (as provided for by articles L.217-4 and following of the French Consumer Code), the Consumer Customer:
Has a period of 2 years from delivery to act
May choose between repair or replacement of the Product, subject to the cost conditions provided for by article L.217-9 of the French Consumer Code
Is exempt from proving the existence of the lack of conformity during the 24 months following delivery if the Product is new, and during the 6 months following delivery if the Product is sold second-hand.
The Customer may also decide to act under the legal warranty against hidden defects within the meaning of article 1641 of the French Civil Code; the Customer may choose between cancellation of the sale or a reduction of the price, in accordance with article 1644 of the French Civil Code.
These legal warranties apply independently of any contractual warranty.
Reproduction of applicable texts
L.217-4 French Consumer Code
“The seller delivers goods that conform to the contract and is liable for lack of conformity existing at the time of delivery. They are also liable for lack of conformity resulting from packaging, assembly instructions or installation when this has been made their responsibility by the contract or carried out under their responsibility.”
L.217-5 French Consumer Code
“The goods conform to the contract:
1° If they are fit for the use normally expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- if they present the qualities that a buyer may legitimately expect in light of public statements made by the seller, the producer or their representative, notably in advertising or labeling;
2° Or if they present the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, made known to the seller and accepted by the seller.”
L.217-9 French Consumer Code
“In the event of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate compared with the other option, taking into account the value of the goods or the importance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer.”
L.217-12 French Consumer Code
“An action resulting from lack of conformity is time-barred two years from delivery of the goods.”
1641 French Civil Code
“The seller is bound by the warranty on account of hidden defects of the sold item that render it unfit for the use for which it is intended, or that diminish such use so much that the buyer would not have acquired it, or would have given a lower price for it, if they had known of them.”
1648 French Civil Code
“An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. […]”
8.2 Manufacturer’s warranty
Certain Products for sale on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not directly a party.
The existence of this type of warranty is mentioned, where applicable, on the specific Product page.
If the Customer wishes to invoke this warranty, they must inform the Company by contacting Customer Service and consult themselves the terms of application of the warranty, which are generally inserted in the box containing the Product.
It is recalled that the benefit of the Manufacturer’s Warranty does not prevent the application of legal provisions relating to the legal warranty of conformity and the legal warranty for hidden defects.
Article 9 – PROTECTION OF PERSONAL DATA
In the context of the commercial relationship, the Company, as data controller, collects a certain number of mandatory personal data (including, in particular, last name, first name, delivery address, etc., which are indicated by an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, producing statistics and complying with the Company’s legal and regulatory obligations. They are retained for 5 years from the end of the Contract.
If the Customer does not provide this information, it would make it impossible to process their Order.
This data is intended for internal use by the Company but may be transmitted to companies that contribute to performance of the service, including in particular those that ensure delivery of the Products or process payments.
Regarding this personal data, the Customer has several rights:
Right of access to personal data concerning them;
Right to rectification and deletion if the personal data is inaccurate, incomplete, ambiguous, outdated, or if the collection, use, communication and retention of certain data is prohibited;
Right to restriction of data processing, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to data processing (notably in the event of processing for commercial prospecting)
Right to formulate post-mortem directives regarding the retention, erasure and communication of your personal data
Right to withdraw consent to certain processing operations (processing carried out before withdrawal of consent remains lawful)
Right to lodge a complaint with the CNIL.
To exercise their rights, the Customer may send a request to the Company, by means of:
a letter addressed to the Company HRD ECOM, 11 rue du canada, Cognac, 16100
The request must mention the Customer’s email address, their last name(s), first name(s), postal address and must be accompanied by a copy of their identity document (front and back).
A response will be sent within one month from receipt of the request.
Article 10 – INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, the sale of Products on the site does not entail any transfer of intellectual property rights over the Products sold.
Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their original owner. No assignment of intellectual property rights is made through these GTC.
Article 11 – FORCE MAJEURE
The Company cannot be held responsible for a failure to perform its obligations under these terms in the event of the occurrence of an unforeseen event or force majeure that would prevent performance. The Company will inform the Customer of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding any contrary provision stated herein, the Company cannot in any case be held liable for losses or damages due to inappropriate use of the Product(s) by the Customer, including in particular any modification or alteration of the Product(s) not authorized by the Company.
Article 13 – SUSPENSION – TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Customer who breaches the provisions of the GTC, or more generally applicable legal provisions, without prejudice to any damages that the Company may seek.
Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site without the Company’s prior authorization.
Article 14 – ARCHIVING – EVIDENCE
Unless proven otherwise, information recorded by the Company constitutes proof of all transactions.
For each Order, the Order summary is sent to the Customer by email and archived on the Company’s website.
Archiving of communications between the Company and the Customer is carried out on computerized registers that are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered proof of communications, orders, payments and transactions between the Customer and the Company. They may be produced as proof of the Contract.
Archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the French Civil Code. This information may be produced as proof of the contract.
The Customer will have access to archived elements upon simple request to the address contact@riccardiparis.
Article 15 – NULLITY AND MODIFICATION OF THE GTC
If any of the stipulations of these GTC is null, it will be deemed unwritten, but will not entail the nullity of all contractual provisions.
Any tolerance by the Company in the application of all or part of the commitments undertaken under these GTC, whatever the frequency and duration, shall not constitute a modification of the GTC nor generate any right whatsoever for the Customer.
Article 16 – APPLICABLE LAW AND DISPUTE RESOLUTION
These GTC are governed by French law.
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.
Failing a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect possible consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the link below: http://ec.europa.eu/consumers/odr/.
In addition, you accept our messaging terms of service (https://terms.pscr.pt/legal/shop/625896-c8/terms_of_service) and our messaging privacy policy (https://terms.pscr.pt/legal/shop/625896-c8/privacy_policy).