Terms of Sales

Effective as of 10/30/2023

 

ARTICLE 1 - Scope of application

All products (hereinafter, the “Products”) presented on the site “https://www.racyneparfums.com” (hereinafter, the “Site”), are sold directly by OPNI, a joint stock company simplified company with capital of 11,762 euros, registered with the RCS of Paris, whose head office is located at 182 bis boulevard Pereire, 75017 Paris and designated below by its commercial name, “RACYNE”.

These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation, to all sales concluded on the Site between non-professional buyers (“CUSTOMERS or the CUSTOMER”) and RACYNE.

The characteristics of the Products and in particular the descriptions and illustrations of the Products are presented on the Site, which the CUSTOMER is required to read before ordering. The choice and purchase of a Product are the sole responsibility of the CUSTOMER.

The General Terms and Conditions are accessible at any time on the Site and will take precedence over any other document. The CUSTOMER declares having read these General Terms and Conditions and having accepted them before finalizing the online ordering procedure for the Site.

Unless proven otherwise, the data recorded in RACYNE's computer system constitutes proof of all transactions concluded with the CUSTOMER.

The contact details for RACYNE are as follows:

OPNI, SAS

182 bis bd Pereire 75017 Paris

Email: contact@racyneparfums.com

Intracommunity VAT number FR 82912346004

The Products are offered for sale in France and the European Union.

The CUSTOMER is informed that RACYNE may modify the General Terms and Conditions at any time and without notice. Modifications to the General Terms and Conditions only concern orders placed after the publication of said modifications on the Site.

ARTICLE 2 - Price

The Products are supplied at the prices in effect appearing on the Site, when the order is registered by RACYNE.

Prices are expressed inclusive of tax in Euros including the VAT rate in force at the time of the order.

Apart from orders already validated and not yet delivered for which prices are firm and non-revisable, RACYNE reserves the right to modify prices at any time.

The prices do not include shipping, transport and delivery costs, which are invoiced in addition to the conditions indicated on the Site and calculated before placing the order. The payment requested from the CUSTOMER by RACYNE corresponds to the total amount of the purchase, including these costs.

In the event of an order to a country other than mainland France, the CUSTOMER is the importer of the Product(s) concerned. In the event that customs duties or other local taxes or import duties or state taxes may be payable, they are the responsibility and sole responsibility of the CUSTOMER who must pay them separately.

In the event of a price display error on the Site, RACYNE will inform the CUSTOMER and offer to either correct the price to finalize the current purchase, or to cancel the order. If it is impossible to contact the CUSTOMER, RACYNE will cancel the order and inform the CUSTOMER in writing.

An invoice is established by RACYNE and sent to the CUSTOMER when ordering.

ARTICLE 3 – Orders

It is up to the CUSTOMER to select the Products he wishes to order on the Site, according to the following conditions:

  1. The CUSTOMER chooses a Product and puts it in their basket. Product that he can delete or modify before validating his order and accepting these General Terms and Conditions.

  2. They then enter their contact details or connect to their space.
  3. He chooses the delivery method.
  4. He makes payment online.
  5. After validation of receipt of payment, the order will be considered final.

The order is validated by RACYNE upon receipt of full payment of the price, a summary email is then sent to the CUSTOMER confirming the order and receipt of payment. When the order is shipped, an email is sent to the CUSTOMER with a link allowing the current delivery to be tracked.

Although RACYNE strives to describe the products as precisely as possible in order to best inform the CUSTOMER, the visuals of the products appearing on the Site are provided for illustrative purposes and may possibly be slightly different from the products delivered, they are therefore not not contractual.

Product offers are valid as long as they are visible on the site, while stocks last. Stocks are regularly updated. However, a stock error does not engage the responsibility of RACYNE which as such cannot be held responsible for the cancellation of an order for a product due to exhaustion of stocks.

It is the CUSTOMER's responsibility to verify the accuracy of the order and to immediately report any errors. Any order placed on the Site constitutes the formation of a contract concluded remotely between the CUSTOMER and RACYNE.

ARTICLE 4 - Payment terms

The Site allows CUSTOMERS to pay for orders online by the following means:

  • Bank card: CB, VISA, Mastercard, Amex
  • Paypal
  • Apple Pay

The CUSTOMER must confirm that he is the holder of the debited bank card or bank account.

The price is payable in cash by the CUSTOMER and in full at the time of placing the order.

Payments are secure. Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the Site .

When paying online, the CUSTOMER is redirected to a secure payment platform to which RACYNE does not have access. The CLIENT must carry out the identification operations required by the banks in order to validate the payment.

Payments made by the CUSTOMER will only be considered final after effective collection by RACYNE of the sums due.

RACYNE will not be required to deliver the Products ordered by the CUSTOMER if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 5 - Deliveries

The Products ordered by the CUSTOMER will be delivered in mainland France in the French Overseas Territories or in the countries of the European Union. Delivery consists of the transfer to the CUSTOMER of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

RACYNE delivers the order to La Poste with the aim of delivering in mainland France within two to four working days to the address indicated by the CUSTOMER when ordering on the site. In the European Union and in the French Overseas Territories, delivery times differ depending on the region or country of delivery.

RACYNE undertakes to make its best efforts to deliver the products ordered by the CUSTOMER within the deadline objectives specified above. Any non-delivery or delivery time greater than five working days compared to the maximum times indicated above must be reported by the CUSTOMER to RACYNE.

If the Products ordered have not been delivered thirty days after the maximum delivery time objectives indicated above, for any reason other than force majeure or the act of the CUSTOMER, the sale may be canceled at the written request of the CUSTOMER under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the CUSTOMER will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

The CUSTOMER is required to check the condition of the delivered products. He has a period of twenty days, the maximum period from delivery, to make complaints by email, accompanied by all relevant supporting documents (photos in particular). After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by RACYNE.

RACYNE will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the CUSTOMER, under the conditions provided for in articles L 217-4 et seq. of the Code of consumption and those provided for in these General Terms and Conditions.

The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the CUSTOMER takes physical possession of the Products. The Products therefore travel at RACYNE’s own risk.

ARTICLE 6 - Transfer of ownership

Ownership of the product is transferred to the buyer from the delivery date indicated in the order form, except in the case where full payment of the price has not been collected when ordering.

ARTICLE 7 - Right of withdrawal - RETURNS

According to the terms of article L221-18 of the Consumer Code, the right of withdrawal may be exercised by email or postal mail or by any other declaration, unambiguous, expressing the desire to withdraw addressed to RACYNE at the contact details indicated in ARTICLE 1 of the General Terms and Conditions.

Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by the purchase invoice. In particular, unsealed, damaged, soiled or incomplete Products will not be returned.

Return costs are the responsibility of the CUSTOMER.

The refund will be made within fourteen days from receipt by RACYNE of the Products returned by the CUSTOMER under the conditions provided for in this article.

ARTICLE 8 - Liability of RACYNE – LEGAL Guarantees

The Products supplied by RACYNE benefit from:

  • the legal guarantee of conformity, for defective, damaged or damaged Products or those that do not correspond to the order,
  • the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

Provisions relating to legal guarantees:

Article L217-4 of the Consumer Code

“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »

Article L217-5 of the Consumer Code

“The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents 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 of the Consumer Code

“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »

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 to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. »

Article 1648 paragraph 1 of the Civil Code

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

Article L217-16 of the Consumer Code.

“When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »

In order to assert their rights, the CUSTOMER must inform RACYNE, in writing (email or post), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

RACYNE will reimburse or replace Products deemed non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.

Reimbursements, replacements or repairs for Products deemed non-compliant or defective will be made as soon as possible following RACYNE's observation of the lack of conformity or hidden defect. This reimbursement can be made by transfer or bank check.

RACYNE cannot be held liable in the following cases:

  • Non-compliance with the legislation of the country in which the products are delivered, which it is up to the CUSTOMER to verify,
  • In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the CUSTOMER, as in the event of normal wear and tear of the Product, accident or force majeure.
  • The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of RACYNE.

RACYNE's warranty is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

ARTICLE 9 - Personal data

The CUSTOMER is informed that the collection of his personal data is necessary for the sale of the Products by RACYNE as well as their transmission to third parties for the purposes of delivery of the Products. These personal data are collected solely for the execution of the sales contract.

9.1 Collection of personal data

The personal data collected on the Site are as follows:

Ordering Products:

When ordering Products by the CUSTOMER: first and last name, telephone number, postal address, email address

Payment

As part of the payment for the Products offered on the Site, the Site records financial data relating to the CUSTOMER's bank account or credit card.

9.2 Recipients of personal data

Personal data is used by RACYNE and its co-contractors for the execution of the contract and to ensure the effectiveness of the sale and delivery of the Products.

The category(ies) of co-contractor(s) is(are):

  • Transport providers
  • Payment institution providers

9.3 Data controller

The data controller is RACYNE, within the meaning of the Data Protection Act and as of May 25, 2018, Regulation 2016/679 on the protection of personal data. The contact details are those indicated in ARTICLE 1 of the General Terms and Conditions.

9.4 limitation of processing

Unless the CUSTOMER expresses his express agreement, his personal data is not used for advertising or marketing purposes.

9.5 Data retention period

RACYNE will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.

9.6 Security and confidentiality

RACYNE implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and RACYNE cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of customer and user rights

In application of the regulations applicable to personal data, CUSTOMERS and users of the Site have the following rights:

  • They can update or delete data that concerns them in the following ways:
  • They can delete their account by writing to the email address indicated in article 9.3 “Data controller”
  • They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”
  • If the personal data held by RACYNE is inaccurate, they may request an update of the information by writing to the address indicated in article 9.3 “Data controller”
  • They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”
  • Finally, they can object to the processing of their data by RACYNE

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.

The data controller must provide a response within a maximum of one month.

In the event of refusal to grant the CUSTOMER's request, the latter must provide reasons.

The CUSTOMER is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority.

The CUSTOMER may be asked to check a box under which he agrees to receive informative and advertising emails from RACYNE. He will always have the possibility to withdraw his consent at any time by contacting RACYNE (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual property

The content of the Site is the property of RACYNE and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

ARTICLE 11 - Applicable law - Language

These General Terms and Conditions and the operations resulting from them are governed and subject to French law.

These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

ARTICLE 12 - Disputes

For any complaints, please contact customer service at the RACYNE postal or email address indicated in ARTICLE 1 of these General Terms and Conditions.

The CUSTOMER is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is

Paris Mediation and Arbitration Center

39 avenue Franklin D. Roosevelt 75008 Paris

http://www.cmap.fr

Email: cmap@cmap.fr.

The CUSTOMER is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show

All disputes relating to purchase and sale operations concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between RACYNE or by mediation, will be submitted to the competent courts under the conditions of common law. .

 

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