General terms of sale
GENERAL CONDITIONS OF SALE
Version at 12/07/2016
IMPORTANT - NOTE TO THE USER:
Please read these general conditions carefully: they define the terms and conditions of sale that you accept when ordering from the www.sarome-cosmetics.fr web site.
When using some or all of the services of thewww.sarome-cosmetics.frweb site and when purchasing products from this web site, you accept all the provisions of these General Conditions of Sale. You acknowledge that these General Sales Conditions are enforceable in the same way as all contracts. If you disagree with the terms of these General Sales Conditions, you are not permitted to order products from the www.sarome-cosmetics.fr web site .
Article 1 - DEFINITIONS
Customer: Any natural person over the age of legal majority, having the capacity to enter into a contract and being a consumer within the meaning of the introductory article of the French Consumer Code, who orders Products from the Web Site for non-professional purposes under the conditions defined below.
General Conditions of Sale: These general conditions applicable between SAROME and the Customer, which the Customer agrees to accept when (s)he orders Products, and which govern the use of the Web Site and the sale of the Products.
SAROME: The company which has designed and operates the Web Site through which it offers and sells Products to Customers. Its full contact details are listed at the end of these General Conditions of Sale (Article 12) and on the Web Site in the Legal Notices tab .
Product: Any product offered for sale by SAROME on the Web Site, specifically cosmetic products.
Web Site: Facility accessible at the address www.sarome-cosmetics.frdesigned and operated by SAROME.
Article 2 - PURPOSE AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
These General Sales Conditions set out the conditions, restrictions, and duties that the Customer accepts when ordering Products from the Web Site.
The Customer acknowledges that these General Sales Conditions prevail over any other documents such as leaflets, catalogues, documentation emanating from SAROME or displayed on the Web Site, these being provided for information purposes.
For the Customer, unreserved acceptance of these General Conditions of Sale will consist in the fact of ticking the box next to the following sentence: "I accept the general conditions of sale ". The fact of ticking the box will be deemed to be as equally valid as the Customer's handwritten signature .
It is the Customer's personal responsibility, at his/her cost, to install the ICT facilities which enable access to the Web Site.
Article 3 - ORDERING PRODUCTS
Selecting Products: To raise an order over the Web Site, the Customer has to select the Products (s)he wishes to buy by adding them to the shopping cart.
The Customer's attention is drawn to the fact that the sole purpose of the shopping cart is to list the Products chosen by the Customer; it does not in any way make them unavailable to other users nor does it in any way guarantee that the Products can be purchased at the price indicated on the shopping cart. Only when the order is validated will the Products be reserved and the price updated.
Products that are out of stock are indicated as such and are not available for ordering. If, by exception, the Product becomes unavailable after the Order was validated, the Customer will be informed by e-mail, no later than five (5) working days after order validation and will be reimbursed the price of the unavailable Product as soon as possible and at the latest within 14 (fourteen) days.
Once Product selection is complete, the Customer clicks on "Order" or goes to the "shopping cart" tab to finalize the order.
Ordering Products: The Customer will be redirected to the order page which will summarize the order items (including information concerning the Customer, shipping arrangements, payment methods, summary of the order).
The Customer will have the opportunity to amend the Product quantities or remove a Product from the cart.
To finalize his/her order, the Customer must supply the details requested or connect to his/her customer account.
The Customer must give their surname, first names, email address, telephone number, delivery address and, if (s)he so wishes, a different billing address. Any other information supplied by the Customer to SAROME is optional and impromptu. The information that the Customer is asked to provide when ordering is used to raise the invoice and deliver the Products. The Customer is informed that his/her contact details will be passed on to the carrier. The Customer has a right to access, change, correct and delete under the conditions set out in Article 7 of the General Conditions of Sale.
The Customer undertakes to provide accurate information. If the Customer supplies false information which results in SAROME not being about to carry out its obligations, notably the delivery of the Products, SAROME cannot be held liable.
To finalize his/her order, the Customer must also select the shipping method, the payment method, accept the General Conditions of Sale, and click on "Confirm my order".
The Customer will then be redirected to the payment page to pay for the Products in accordance with Article 4 of the General Conditions of Sale, and once payment has been made, will then receive an e-mail confirming the order. The order will not become firm and final until after payment has been made and expressly validated by SAROME.
Customer account: The creation of a customer account is not obligatory when ordering. However, the Customer has the facility, by providing a user name and password, to create an account so that the information supplied for the raising of the order can be stored electronically.
The information requested when an account is created is the same as that required for raising an order as indicated above.
When a Customer creates an account, the account will be accessible via the Login ID (e-mail address and password) chosen by the Customer when registering. The Customer acknowledges that his/her ID and password are strictly personal and confidential. Communicating or sharing it with third parties is therefore not permitted. If a Customer suspects that his/her ID has been used fraudulently, (s)he must immediately inform SAROME.
The customer account allows access to details of recent orders, product returns, information sent, discount vouchers, and lists of the Products selected by the Customer that the Customer can share with third parties.
Article 4 - PRICES AND PAYMENT
The Product prices displayed on the Web Site are those in force and are stated in Euro and inclusive of taxation. Delivery costs are added to the Product price on each order and are calculated on the basis of the total order amount which is shown on the order summary.
Payment is by bank card. The Customer must pay the total amount shown on ordering via the secure area of the institution handling the transaction on the page provided for this purpose. The Customer guarantees that (s)he is fully authorised to use the bank card (s)he uses and has sufficient funds to cover the costs of the order. Any potential bank charges associated with bank card payments rest with the Customer.
SAROME has no access to Customers' bank details, on-line payments and related bank processing being fully managed by the banking institution.
Payment is essential for the validation of the order but does not constitute a deposit within the meaning of Article 1590 of the Civil Code.
Article 5 - DELIVERY
The Products are delivered in Metropolitan France, using the delivery services of the French Postal Service (Colissimo).
Delivery is within a maximum period of thirty (30) working days after full payment of the order has been made.
Any delay in delivery beyond the delivery deadline date which is not due to force majeure can entail the cancellation of the sale by the Customer if the latter sends a registered letter with acknowledgement of receipt. In accordance with Article L216-2 of the Consumer Code, the sale will be considered cancelled when SAROME receives the letter from the customer informing it of his/her decision to cancel the sale, if delivery has not taken place meanwhile. In the event of cancellation, SAROME will reimburse the Customer with the amount paid as soon as possible and at the latest within 14 (fourteen ) days from the date when the registered letter with acknowledgement of receipt is received.
If the package delivered by the carrier is in poor condition and if Products are missing, the Customer is recommended to refuse it and record the specific reasons why on the delivery note so that the carrier's guarantee can be invoked. The Customer must inform SAROME in writing as soon as possible so that SAROME can make inquiries of the carrier. The Customer's attention is drawn to the fact that receipt of the package without reservation extinguishes any action against the carrier for damage or loss if, within three days, excluding holidays, following the date of receipt, the damage or the loss has not notified by registered letter.
SAROME may then contact the Customer about a new delivery, subject to the availability of the Products in stock, or reimburse the Customer.
Article 6 - COOLING-OFF PERIOD
In accordance with the provisions of Article L 221-18 of the Consumer Code, the Customer has a period of 14 (fourteen) days in order to exercise his/her right to withdraw for whatever reason and return at his/her expense the Products that (s)he ordered. This period starts on the date of receipt of the Products by the Customer (or any person authorised by the Customer), the date on the delivery note proving validity. Withdrawal may be made via a request addressed to SAROME on a separate sheet of paper or using the standard withdrawal form annexed to these General Conditions of Sale, and are to include the Customer's contact details and the order number.
The Products should be returned in their original condition and packaging which should have been opened carefully, and must be accompanied by the delivery note and/or purchase order enabling it to be proved that they were indeed Products purchased via the Web Site and ideally by a letter explaining the reason for refusal (solely for the purpose of traceability).
The return of the Product or Products will be made to SAROME within a period of fourteen (14) days following the date on which the Customer exercised the right to withdraw. The costs and risks associated with the return of the Products rest with the Customer.
After receiving and checking the Products, SAROME will reimburse the Customer within a maximum period of 14 (fourteen) days, by crediting the amount paid to the bank card.
In the event of the Customer returning Products that have been damaged, SAROME may ask the Customer to pay compensation relating to the replacement or repair of the Products so as to make them as new.
The Customer's attention is drawn to the fact that in accordance with article L221-28 of the Consumer Code, it is not possible to exercise one's right to withdraw if the Products have been opened after delivery and cannot be returned for health and hygiene reasons.
Article 7 - RESPECT FOR AND PROTECTION OF PRIVACY
The order and delivery of Products require some personal information to be supplied by the Customer, namely his/her surname, first name, e-mail address, postal address and telephone number. These contact details are collected by SAROME with a view to raising the invoice and delivering the products, and for the purposes of setting up a customer file. These contact details will be passed on by SAROME to the carrier. The Customer not wishing to provide this information cannot order Products.
This data is retained for business development purposes by SAROME in its capacity as Web editor and seller, for a period of 3 years from the end of the Customer's relationship with SAROME, and then archived for a period of 10 years from the end of the Customer's relationship with SAROME under secure conditions, in accordance with current technical standards and in compliance with the provisions of Act n°78-17 of 6 January 1978. 10 years is a reasonable length of time necessary for a normal usage of the data and for SAROME to fulfil its obligations.
SAROME undertakes to ensure that the data is not used in a different context, or sent to third parties without the express agreement of the Customer (who gives specific agreement by ticking the box authorising SAROME to send his/her contact details to its partners), or outside the circumstances provided for by the Act.
In accordance with Act n°78-17 of 6 January 1978, the Customer has a right to object to, query, access and correct any data supplied. For this purpose, it is sufficient for him/her to make a request to SAROME, by e-mail or by post, stating his/her contact details, including the e-mail address supplied by the Customer when the order was raised.
Data relating to payment, including the number on the bank card, is collected and processed exclusively by the banking institution concerned, and it alone is responsible for processing.
Cookies: What is a cookie? A cookie is a text file stored in a dedicated space on the Web user's computer or mobile device, installed by SAROME or a third party when the Web Site is used. The cookie enables the party that installs it to collect or store certain information relating to the Web user's browsing activity until its expiry date. Cookies are attached to the browser and not to the Web user him/herself or his/her device.
What cookies? SAROME uses the following cookies:
- Google Analytics for statistical purposes about the frequency of visits to the Web Site;
- Prestashop for session and cart data electronic storage purposes.
The user has the opportunity to block or delete cookies via his/her browser interface under Privacy Settings (Tools / Options).
The deletion of cookies previously on the browser has no impact on browsing the Web Site, but causes Web users to lose all the benefits offered by the cookie. In this case, they will have to re-enter all the information about themselves.
If by disabling cookies the user prevents the usage of certain Services or features provided by SAROME, the latter cannot be held liable.
For more information, the user can consult the Web site www.cnil.fr or send any question to SAROME.
Newsletters: by ticking the box provided for this purpose, the Customer accepts that SAROME and/or its partners may send him/her, at a frequency and in a format that SAROME and/or its partners will determine, a newsletter that may include information relating to its activities and/or offers from its trading partners. Newsletters from SAROME 's partners are sent under their own liability. Customers and Web users who subscribe to SAROME's newsletters can unsubscribe from the SAROME newsletter by clicking on the link provided for this purpose in each newsletter.
Article 8 - GUARNTEES
SAROME is liable for lack of Product compliance under the conditions set out in Articles L17-4 et seq. of the Consumer Code and for hidden defects in the Products under the conditions laid down in Articles 1641 et seq.of the Civil Code.
Under the Product compliance guarantee, the Customer has a period of 2 years from the date of receiving the Product to seek repair of the latter or its replacement subject to the conditions as regards cost provided for by Article L 217-9 of the Consumer Code. Taking into consideration the nature of the Products, SAROME may be unable to repair the Products, but may only be able to replace them. If both repair and replacement of the Product are impossible, the Customer can send back the non-compliant Product and be reimbursed the price, or keep the Product and be partially reimbursed.
The Customer does not have to provide evidence of the existence of lack of compliance during the 24 months following the delivery of the Product.
The legal compliance guarantee applies independently of any potential commercial guarantee that may be agreed by the Product manufacturer.
The Customer can decide whether to invoke the guarantee against hidden Product defects within the meaning of Article 1641of the Civil Code and on this assumption, may choose between cancelling the sale or a reduction in the sale price in accordance with Article 1644of the Civil Code.
Taking into consideration the nature of the Products, the guarantee may be set aside in the event of lack of compliance or hidden defect arising from abnormal usage, inappropriate storage or the modification of the Products.
Article 9 - LIABILITY
The Customer acknowledges and agrees that nothing can guarantee the proper functioning of the Internet as a whole. In the event of it not being possible to access the Web Site, due to technical problems or any other cause, the Customer cannot claim for damage and cannot seek any compensation.
SAROME has taken every precaution necessary to ensure that all Products have been described correctly. Nevertheless, although SAROME tries to display exact photographs of the Products on the Web Site, the colours that the Customer sees will depend on the computer screen used and the display configurations; SAROME cannot therefore guarantee that the photographs correspond exactly to the Products (details, colours). As a result, photographs, information and visuals of the Products shown on the Web Site are indicative and SAROME cannot therefore be held liable if the characteristics, performance, or other features of the Products differ in an immaterial way from the visuals shown on the Web Site.
Hyperlinks on the Web Site can redirect to other Web sites and SAROME cannot be held liable if the content on these sites contravenes legislation in force or if the visit, by the Web user, to one of these sites, has been causing him/her harm, because consulting and/or using these Web sites and external sources is governed by their own conditions of use.
SAROME cannot be held liable in the event of failure to fulfil its obligations because of force majeure, the unforeseeable or insurmountable act of a third party to the contract or attributable to the Customer. SAROME can only be held liable for direct damage.
Article 10 - APPLICABLE LAW AND DISPUTES
The sales contract between SAROME and the Customer is concluded in French and archived electronically by SAROME. These General Conditions are subjected to French law to the exclusion of any other international convention that may be applicable including the Vienna Convention on Contracts for the International Sale of Goods of 11 April 1980.
In the event of a dispute between SAROME and the Customer concerning the validity, execution, breach or interpretation of these General Conditions of Sale or, more generally, the relationship between SAROME and the Customer, the latter can have recourse to a mediation procedure or any other alternative means of settling disputes. It is expressly stated that requests for amicable settlement do not suspend the time limits available for bringing an action at law.
The contact details of the Consumer Ombudsman are as follows:
73 Boulevard de Clichy
Failing amicable resolution, all disputes will be submitted to the competent court for the location where the defendant resides, or at the complainant's choice, the location where the contract was executed, in accordance with Articles 42 and 46 of the Code of Civil Procedure.
Article 11 - MISCELLANEOUS PROVISIONS
If any on of the clauses that are not essential to these General Conditions of Sale prove to be invalid or unenforceable by virtue an Act or regulation or as a result of a binding decision of a court or a competent authority, the parties expressly agree that this contract will not be affected by the invalidity of the aforementioned clause.
The fact that one of the parties does not require at any one time the strict implementation by the other party of a provision or any condition in these General Conditions of Sale will not be deemed to constitute a definitive renunciation of such provision or condition.
Article 12 - LEGAL NOTICES
Editor: The editor of SAROME Co.'s Web Site, a limited liability company with share capital of 1,000 Euro, registered with the Commerce and Companies Register of Fréjus under the unique identification number 751 243 023, whose head office is situate at 1438, Route du plan de la tour, 83310 Grimaud, and represented by its Manager", Ms. Sarah LUFTMAN.
Contacts: You can contact SAROME:
- By telephone on +33 (0)4 94 79 09 23 from 9:00am to 12:00 noon and from 2:00pm to 6:00pm Monday to Friday, excluding holidays
- By e-mail at the following address: email@example.com
- By post at the following address: SAROME - 1438, Route du plan de la tour – 83310 Grimaud
- Using the contact form on this Web Site
Publishing Director: the Publishing Director for the Web Site is Ms. Sarah LUFTMAN.
Web host: the Web Site is hosted by Metycea whose address is 70, avenue of Rome, 83500 La Seyne sur Mer and the telephone number is +33 (0)4 94 71 04 72.
Annex: STANDARD WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
For the attention of SAROME Co. (1438, Route du plan de la tour - 83310 Grimaud or firstname.lastname@example.org):
With this form, I/we (*) notify you of my/our (*) withdrawal from the sale of goods (*)/supply of services(*) contract below:
Ordered on the (*)/received on the (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s):
(*) Cross out the option that is not applicable .