General terms and conditions of sale
Preamble
The company RS ESTHETIQUE, owner of the brand RUTH NIDDAM PARIS, is registered under the number RCS 492 015 672. Its postal address is 32 Avenue Matignon – 75008 Paris and its e-mail address is contact@ruthnidddam.com.
Any order taken under a product appearing in the online store of the site https://www.ruthniddam.fr assumes the consultation and prior acceptance of these Terms of Use by the consumer (the “CUSTOMER”). The click of validation of the order implies a full acceptance of the present. This click has value of “digital signature”.
The General Conditions of Sale may be subject to change, the conditions applicable are those in force on our SITE at the date of placing the order.
Object
The purpose of these General Conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the SELLER to the CLIENT.
Order Confirmation
The contractual information will be confirmed by e-mail to the address indicated by the CUSTOMER in the order form.
The orders are final only when they have been confirmed by the payment of the price by the CLIENT.
Order modification
Any changes to the order (product, address…) sent more than 24 hours after the validation of the payment will not be taken into account.
Proof of the transaction
The computerized registers, kept in the computer systems of the SELLER in reasonable conditions of security are considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is made on a reliable and durable medium that can be produced as evidence.
Information on the products
All efforts have been made to ensure the accuracy of the information presented on the SITE, the SELLER or its suppliers are nevertheless not responsible for the consequences, incidents, special damages resulting from electronic transmissions or the accuracy of the information transmitted even if the SELLER had knowledge of the possibility of such damages. The names and brands of products and manufacturers are used only for identification purposes. Photos, descriptions and prices of products are not contractual.
The prices
Our prices are expressed in Euros (€) and displayed including all French taxes (French VAT and all other applicable taxes).
The price indicated on the product sheet is exclusive of shipping costs.
The shipping costs are charged according to the country of destination.
The total amount due, indicated in the order confirmation is the final price to pay, expressed all taxes included.
The delivery rates applicable at the time of the order are available on the SITE.
Terms of delivery
The products are delivered to the address indicated by the CUSTOMER on the order form (only one address per order) and only in the geographical areas we serve.
All products leave our premises in perfect condition. The CUSTOMER must report to the carrier (or the letter carrier) the slightest trace of shock (holes, traces of crushing etc..) on the package, and if necessary to refuse the package. A new identical product will then be returned to you free of charge.
The SELLER accepts the order and launches the delivery operations upon receipt of the order and payment.
The delivery of the ordered items is made to the CUSTOMER’s home or to any address that he/she indicates when ordering. The information provided by the CUSTOMER when placing the order is binding.
In case of error in the wording of the recipient’s address or incomplete information, the SELLER shall not be held responsible for the impossibility of delivering the product.
In case of return of the goods for incomplete address, or prolonged absence not reported, the CUSTOMER will be offered 2 alternatives:
– the reshipment of the goods after payment of the return costs,
– the reimbursement of the order after deduction of the delivery costs.
The orders are deliverable in one time in one point.
The exchange of any product declared, afterwards, damaged during transport, without any reserve having been issued upon receipt of the package, will not be taken in charge.
Orders can be tracked on the Colissimo website, and are generally delivered within a maximum of 8 days for Metropolitan France, and within a minimum of 15 days for export, excluding customs clearance.
Any delay of more than 15 days must be reported to Customer Service in order to launch an investigation in time.
As in any shipment, it is possible to suffer a delay or that the product gets lost. In such a case, we will contact the carrier and inform them of the delay.
Delivery errors
The CUSTOMER shall file with the SELLER, on the day of delivery or at the latest on the first business day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form.
Beyond this deadline, all claims will be rejected.
The formulation of this claim to the SELLER may be made at the address of the SELLER.
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the SELLER from any responsibility towards the CUSTOMER.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the SELLER as a whole and in its original packaging in perfect condition to the address of the SELLER.
To be accepted, any return must be reported and have the prior agreement of the SELLER, who in case of agreement will resend the package to the right address.
The shipping costs are borne by the SELLER, except in the case where the product does not correspond to the original declaration made by the CUSTOMER in the sense of return.
Product warranty
Each product has a use-by date that must be respected.
In addition, some products need to be kept away from heat and light. Please refer to the information on the SITE.
Right of withdrawal
The right of withdrawal applies only to natural persons.
In accordance with Articles L. 120-20, the CUSTOMER has a period of fourteen (14) calendar days to return, at his expense, the products that do not suit him. This period starts from the day of receipt of the order from the CUSTOMER. All returns must be reported in advance to the SELLER’s Customer Service. The product must be returned to the address of the SELLER.
Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product which will have been damaged, or whose original packing will have been deteriorated, will not be refunded, nor taken back, nor exchanged. This right of withdrawal is exercised without penalty, with the exception of shipping costs, packaging and return. In the event of the exercise of the right of withdrawal, the CUSTOMER has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the return will be at the expense of the CLIENT.
In case of exercising the right of withdrawal, the SELLER will make every effort to reimburse the CUSTOMER within thirty (30) days.
Rights of use
The use of the trademarks present on the SITE is strictly prohibited.
Force Majeure
Neither party shall have failed to perform its contractual obligations insofar as their execution is delayed, hindered or prevented by a fortuitous event of force majeure. A force majeure event shall be considered to be any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other within ten (10) business days of the date on which it becomes aware of such circumstances.
The two parties shall then meet within three (3) months, unless the force majeure event makes it impossible, to examine the impact of the event and to agree on the conditions under which the performance of the contract shall be continued.
If the case of force majeure lasts longer than one (1) month, these general conditions may be terminated by the injured party.
Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport, earthquake, fire, storm, flood, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the CLIENTS.
Partial non-validation
If one or several stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
NON WAIVER
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions of sale shall not be interpreted for the future as a claim to the obligation in question.
Applicable law
The present general conditions are subject to French law. This applies to both substantive and formal rules.
In case of dispute or claim, the CUSTOMER will address in priority to the SELLER to obtain an amicable solution.
Protection of personal data
All the data that you entrust to us are in order to process your orders.
Pursuant to Article 27 of Law No. 78-17 of January 6, 1978 relating to data, files and freedoms, you have a right to the SELLER to rectify, consult, modify and delete the data you have provided us. This right can also be exercised online.
This SITE is the subject of a declaration to the CNIL under the Number: 1534282 v0 of 27-09-2011
Disputes
Any order placed through the SITE implies the CUSTOMER’s adherence, without any restriction, to the SELLER’s general conditions of sale.
In case of sale to a legal entity, any dispute relating to the sale (price, terms and conditions, products,…) will be subject to French law before the Commercial Court of the SELLER’s registered office.
