GENERAL TERMS AND CONDITIONS OF SALE
APPLICABLE TO PRODUCTS PURCHASED ONLINE
1.1 Under the present general terms and conditions (hereinafter the “General Terms and Conditions”), “Customer” means any individual intending to purchase any products offered online (hereinafter the “Products”) on the website accessible at www.pacificrainbow.fr (hereinafter the “Website”) in accordance with the General Terms and Conditions.
1.2 Any order made by Customer under the General Terms and Conditions will be hereinafter referred to as the “Order”. Companies appointed by Supplier for the purpose of delivering the Products to Customer will be hereinafter referred to as “Carriers”.
2. THE WEBSITE
2.1 Any order confirmed by Customer on the Website requires the prior acceptance of the General Terms and Conditions.
2.2 The Website is operated by PACIFIC RAINBOW (the “Supplier”), a French société par actions simplifiée with a share capital of 10,000 euros, registered with the Paris Trade and Commerce Register under number 809 725 195, with the Intra-Community VAT number FR38809725195 and having its head office located at 115 rue de la Pompe 75116 Paris, France.
2.3 The Website is hosted by GANDI SAS, a French société par actions simplifiée with a share capital of 300,000 euros, registered with the Paris Trade and Commerce Register under number 423 093 459, having its head office located at 63-65 boulevard Massena 75013 Paris, France.
3.1 The purpose of the General Terms and Conditions is to set the rights and obligations of the parties as part of the marketing of the Products offered by Supplier to Customer. For this purpose, Customer acknowledges and accepts, without any reservation whatsoever, the entire provisions hereunder.
3.2 To the extent that Customer orders the Products online, the Customer electronic consent given on the website page dedicated to the validation of the Order corresponds to the conclusion of the agreement between Customer and Supplier. In accordance with both the French Electronic Signature Act dated 13 March 2000 and the Electronic Economy Trust Act dated 21 June 2004, any Order confirmed by means of a “double click” made by Customer constitutes an irrevocable acceptance of the General Terms and Conditions by Customer in the manner of a hand-written signature.
4.1 Supplier reserves the right to modify its General Terms and Conditions at any time and for any reason whatsoever.
4.2 Nevertheless, Products ordered by Customers on the website are governed by the General Terms and Conditions accepted by Customer, which were online at the date of the Order.
The General Terms and Conditions are entered between the parties for the duration required for delivering the Products and until the end of their warranties.
The contractual materials and information related to the Order will be subject to a confirmation by email. Supplier recommends to Customer to store or print this Order confirmation email. However, any document stemming from the Supplier digital archiving shall be deemed as legal evidence of any communication, order or payments between parties.
7.1 Products offered by Supplier comply with French law and regulations.
7.2 Nevertheless, shall any Product be withdrawn from the market for whatever reason, Supplier will promptly cease the marketing of the said Product. Customer shall not be entitled to assert any claim or action based upon this Product withdrawal.
7.3 Supplier will make its best effort to display the Products and their basic features. More generally, descriptions (such as pictures, texts, graphs, information and characteristics) showing the Products are for information purpose only and not binding.
7.4 Supplier commits to perform received Orders within the limits of available stocks.
7.5 In case of Product’s unavailability, Supplier commits, pursuant to Section L. 121-20-3 of the French Consumer Code, to promptly inform Customer and to offer a similar Product, a refund or a credit upon all the unavailable Products. If Customer goes for a refund, Supplier will make its best efforts to reimburse Customer within a thirty (30)-day period as of the day Supplier informed Customer about the unavailability of the Product.
8.1 Prices applicable to Products sold online will be indicated in euros including taxes but excluding shipping cost. Prices are applicable as long as they remain on the website page describing the Product.
8.2 Prices are displayed subject to obvious typographical error. If such an error occurs, Supplier shall inform Customer about the error and the fact that it will be invoiced on the basis of the corrected price. However, shall Customer refuse the corrected price, Customer will be entitled to cancel the corrected Order without any penalty.
8.3 The Website may occasionally offer promotions. Customer is informed about the offered promotions, the concerned Products and the fixed dates on the Website.
9.1 Only individuals that are legally able to enter agreements are allowed to order Products on the website.
9.2 For the purpose of ordering, Customer accepts to provide required information and warrants the truthfulness of this information: first name, last name, address, telephone number, email, and in case of online payment, the type of card, card number, expiration date and security code.
9.3 Customer shall check all the information entered as part of its Order and upon the Order validation page (Ordered Product, shipment address, address of invoicing, telephone number…). If, after validating its online Order, Customer realized that some information must be modified, Customer can request such modification by sending an email to the Supplier’s customer service. Supplier shall not be held liable for any errors entered by Customer or their consequences in term of delays or incorrect delivery. Thus, if the delivery cannot be performed as a consequence of typing error made by Customer or incorrect information, Customer shall bear the reshipment costs. In such a case, Supplier shall not be held liable for delays in terms of delivery.
9.4 Once the Order is validated and the payment received by Supplier, Supplier shall send, at the email address entered by Customer, an email confirming the Customer’s Order. This confirmation email will sump up the contractual information.
9.5 Orders are processed according to their position in terms of registration by Supplier. Supplier commits to process every Order, within the limits of available stocks. When several Products are ordered together, Supplier may send each of these items in separate package, leading to shipment costs for each of these items. Customer acknowledges and agrees to pay these separate shipment costs.
10.1 Supplier shall not be held liable for breach of the agreement in case of force majeure, disturbance or full or partial strike of postal or transportation services, unavailability of communication services (computing network breakdown, etc.), flooding, fire…
10.2 Supplier shall not be held liable with regard to Customer or any third party in case of indirect damages for any cause whatsoever.
10.3 Product’s packaging and accessories must be manipulated under adult’s control.
11.1 Supplier’s validation of the payment enables to ship the package at the address of delivery mentioned by Customer as part of the Order.
11.2 Customer is able to pay its Order online by credit card (Blue Card, VISA). Customer must provide her credit card’s type, number, expiration date and security code. Customer warrants that she is allowed to use the said card and that this card gives access to sufficient funds with regard to both the Order’s price and shipping costs.
11.3 For purpose of limiting fraud, Supplier may conduct tests and controls related to the validity of the payments made on the Website. In such a case, Customer is informed by email about the supporting documents (readable two-sided copy of the Customer ID and proof of address) Customer has to send to Supplier in order to enable the final validation of the Order. Once this control is over, Supplier reserves the right to accept or refuse the Order. If Supplier does not receive the supporting documents within a forty-eight (48)-hour period, Supplier will refuse the payment validation and decline the Order.
11.4 In order to ensure the security of the transactions made over the Website, Supplier calls on SOCIÉTÉ GENERALE and its online payment system Sogenactif. Customer’s banking data are encrypted on her own computer and then transmitted to the bank server in a secured manner without Supplier accessing it. Once the payment validated, transmitted data is deleted and does not remain on the bank server. This is the reason why Supplier requests this data for each new Order.
11.5 Supplier reserve the right to refuse to perform any delivery or Order for the benefit of Customers failing to complete the payment of a previous Order or being in an unsolved litigation with Supplier. Products remain the property of the Supplier until their complete payment.
12.1 Unless otherwise provided by the General Terms and Conditions or by the Website at the time the Order is validated by Customer, the shipping costs are always at the Customer’s expense and not included in the Product’s price.
12.2 Products are necessarily delivered at the address mentioned by Customer at the time of the Order.
12.3 Postal delivery
12.3.1 Orders are shipped by La Poste (the French postal service) and tracking numbers are assigned to them (simple tracking mode). The tracking number is transmitted at the email address indicated by Customer before the delivery. For international delivery, provisions set forth by the French Tax Code related to VAT are applicable. The shipping costs are invoiced in addition to the Products’ prices in accordance with the following chart:
than 60 euros
|Exceeding or equal to 60 euros||Exceeding or equal to 100 euros|
|Shipping to metropolitan France||free||free||free|
|Shipping to Europe (EU)||5 €||free||free|
|Shipping to other locations||9 €||9 €||free|
12.3.2 If Customer is not present at the mentioned address on the date of delivery, a notice is left in the Customer’s mailbox. Customer is then supposed to pick her Order at the post office within a ten (10)-business day period as from the notice.
12.3.3 Once this ten-business day period has expired, the Product is reshipped to Supplier by postal services. If Customer decides to have the Product reshipped, this new delivery is at her own costs, which must be paid before the reshipment by contacting the Supplier’s customer service.
12.3.4 If Customer decides to cancel the Order, Customer is able to opt for either a refund or a credit (being agreed that the shipping cost are not reimbursed). If Customer picks the refund, Supplier will make its best efforts to refund Customer within a thirty (30)-day period as from the date of reception of the reshipped Product.
12.3.5 In case of Customer typing an incorrect address as part of ordering, the postal service is unable to perform de delivery and the Product is automatically reshipped to Supplier. If Customer decides to have the Product reshipped, this new delivery is at her own costs, which must be paid before the reshipment by contacting the Supplier’s customer service.
12.3.6 Upon the Product’s delivery, Customer must check the external appearance of the package and refuse it in case of deterioration.
12.4 Delivery time
12.4.1 Delivery time is indicated upon the Order validation page of the Website or, if it be so, within the email sent for validating the Order. The mentioned delivery time are for information purpose only. Nevertheless, the date of delivery is set fifteen (15) days after the date of payment for France and twenty (20) days after the date of payment for other countries.
12.4.2 If Customer does not receive the packaging within the indicative delivery time, Customer can contact the Supplier’s customer service, which will determine and inform the Customer about the cause of delay. Customer shall be entitled to terminate her Order if the Product is not delivered within a seven (7)-day period as from the maximum date of delivery. For doing so, Customer must send a registered letter with acknowledgement of receipt within the period between seven (7) days and sixty (60) days after the maximum date of delivery.
13. RIGHT OF WITHDRAWAL AND RIGHT OF RETURN
13.1 In accordance with Section L. 121-21 of the French Consumer Code, Customer is entitled to withdraw the Order within fourteen (14) days after the reception of the Order.
13.2 In case of withdraw of the Order and still according to Section L. 121-21 of the French Consumer Code, the return costs of the Order remain at the Customer’s expense.
13.3 Any request for return, for any reason whatsoever, communicated to Supplier after the aforementioned fourteen (14)-day period will not be accepted.
13.4 To assert her right of withdrawal, Customer must contact the Supplier’s customer service by email sent at the email address dedicated for contacts. Customer must inform the service about its intent to assert her right of withdrawal without any ambiguity. Customer shall indicated the reference and the date of the Order together with the Products affected by the return.
13.5 The Product must imperatively be reshipped to Supplier in a state ensuring its resell, that is to say complying with the following conditions of return: unworn, clean, undamaged, Product in its initial packaging.
13.6 The Order number must mandatorily appear on the return package.
13.7 Whatever their cause, the risks associated to the return of the Product are incumbent upon Customer. If the Product is lost during this shipment, Customer will be solely liable and should bring action against La Poste. Customer shall not be refund by Supplier.
13.8 In case of assertion of the right of withdrawal in accordance with the conditions herein, Customer will have the choice to either get a credit or be reimbursed of the purchase amount excluding the shipping costs. If Customer opts for the refund, Supplier will reimburse Customer within a fourteen (14)-day period as from the reception of the Customer’s withdrawal notice and subject to the reception of the item affected by the return. If Customer is reimburse by banking recredit, the time of this process depends on the type of credit card: in case of card with immediate debit, the current account is generally credited within three (3) up to eight (8) days depending on the bank; in case of card with deferred debit, the credit will appear at the end of the month on the card’s account and not on the current account. If this refund is longer, Customer should reach her bank.
13.9 If the returned Product is not received by Supplier according to the time and conditions provided herein, Customer will not be able to either be refunded or get a credit. In such a case, if Customer desires to get the Product again, Customer shall request it by sending an email to Supplier. Supplier will send the Product as quick as possible. The reshipping cost shall be at the Customer’s expense and payable in advance.
14.1 Upon Customer’s request, Supplier commits to refund the Product’s price to Customer or exchange the purchased Product with an identical Product or, in case of non-compliant Product or Product with a hidden defect, with an equivalent Product in terms of quality and price.
14.2 In such a case, Customer must contact Supplier’s customer service in accordance with the procedure set forth by Article 13 hereunder. Customer will also benefit from the legal warranty against hidden defects pursuant to legal provisions set forth in Article 14.6 hereunder.
14.3 These provisions do not prevent Customer from asserting its right of withdrawal provided by Article 13 hereinabove.
14.5 Customer benefits from the legal warranty against hidden defects within the sense of Section 1641 et seq. of the French Civil Code together with the warranty related to lack of conformity within the sense of Section L. 211-1 et seq. of the French Consumer Code. The present warranties are not blended into the said legal warranties nor do they supersede them.
14.6 Applicable legal provisions:
Section L. 211-4 of the French Consumer Code
The seller is required to deliver a product which is conform to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
Section L. 211-5 of the French Consumer Code
To conform to the contract, the product must:
1. be suitable for the purpose usually associated with such a product and, if applicable:
– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling;
2. or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed.
Section L. 211-12 of the French Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.
Section 1641 of the French Civil Code
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impart its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Section 1648, paragraph 1, of the French Civil Code
An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.
15. APPLICABLE LAW
15.1 The General Terms and Conditions shall be governed by and construed in accordance with French law.
15.2 Shall one of the provisions herein be deemed unlawful or unenforceable by a judicial ruling, the other provisions of the General Terms and Conditions will remain effective.
15.3 Supplier shall provide Customer a support service by email at the contact address.
15.4 Any response to a claim will be given in a forty-eight (48)-business day period. If such a response provided by Supplier does not satisfy Customer, Customer can send a claim to the Supplier’s customer service by registered letter with acknowledgement of receipt at the following address: PACIFIC RAINBOW, 115 rue de la Pompe, 75116 PARIS, in order to reach an amicable agreement.
16. PERSONAL DATA
16.1 Personal data collected by Supplier as part of any Order made by Customer are required for a proper processing of the Order.
16.2 Pursuant to the French Computer and Freedom Act date 6 January 1978, Customer has a right to access, to modify, to opposed to and to delete the nominative data concerning the Customer by justifying its identity, either by email at the contact address, or by filling in the section of the Website dedicated to it or by sending a letter at PACIFIC RAINBOW- 115 rue de la Pompe 75116 PARIS.
16.3 Customer is informed that the processing of the personal data, in particular the user’s email addresses, has been declared before the CNIL under number 1910361 v 0.
16.4 While ordering, Customer is able to opt for receiving commercial offers sent by Supplier and/or its business partners. Customer will be able, at any time, to decide to stop such a transfer of its data either by email at the contact address, or by filling in the section of the Website dedicated to it or by sending a letter at PACIFIC RAINBOW- 115 rue de la Pompe 75116 PARIS.
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