General Terms and Conditions of Online Sales
These General Terms and Conditions of Sale were updated on 28 January, 2021.
- These General Terms and Conditions of Sale (hereafter “GTC”) are proposed by the company CURIO COSMETIQUE PARIS (hereafter the “Company”), a simplified limited company with a capital of €100,000, registered at the Trade and Companies Register of BEAUVAIS under the number 838177541, represented by Thibault DAMPEIROU, whose company headquarters are located 18 Rue d’Allonne, 60000 Allonne, France.
- The Company’s telephone number (no additional charges) is 00 33 9 83 42 20 58 and the email is firstname.lastname@example.org.
- The Company is the owner and editor of the internet site https://curioparis.fr/ (hereafter the ‘’Site‘’). The Site is hosted by OVH, SARL, domiciled at 2 rue Kellermann – 59100 Roubaix – France, telephone number 00 33 9 72 10 10 07. The publishing director is Thibaut DAMPEIROU.
- The Site offers the Customer of the Site (hereafter the ‘’Customer‘’) the promotion and online sale of Curio brand products (hereafter the ‘’Products‘’).
- Prior to any usage of the Site, the Customer must ensure that he/she has the technical and IT means necessary to use the Site and order Products from the Site, and that his/her browser makes it possible to access the Site securely. The Customer must also ensure that his/her hardware functions properly and is virus free.
- APPLICATION AND ENFORCEABILITY OF THE GTC
- The object of the present GTC is to define all the conditions in which the Company sells Products such as those available for purchase on the Site to Customers. The GTC therefore apply to all Orders (hereafter the “Order”) for Products placed on the Site by the Customer.
- The Customer declares having read and accepted the present GTC prior to placing an Order.
- Confirmation of an Order thus implies acceptance of these GTC. The latter are regularly updated, and the applicable GTC are those in effect on the Site at the time of the purchase order.
- Any contrary condition stipulated by the Customer, unless explicitly accepted, will thus be deemed unenforceable with respect to the Company, at whatever time the latter becomes aware of such condition.
2.5 The fact that the Company does not avail itself at any moment of any of the provisions of the present GTC shall not be construed as it having waived the right to apply any of the said provisions of the GTC.
- PURCHASE ORDER OF PRODUCTS ON THE SITE
The Company reserves the right to modify the content of the Site at any moment.
- On the Product page, the Customer can see the period during which or up until when the spare parts essential to the use of the Product are available on the market.
- The Products proposed for sale are described and presented as accurately as possible. However, the Company cannot be liable for tiny variations in the color of Product(s), which do not affect the validity of the sale.
- The Customer selects the Product(s) that he/she wishes to purchase and can consult a summary of his/her Order at all times.
- The summary of the Order indicates the list of Product(s) selected by the Customer and indicates any possible additional expenses, such as delivery costs, that may be added to the price of the Product(s) ordered. The Customer can modify his/her Order and correct any possible mistakes prior to confirming his/her Order.
- After consulting the summary of the Order, the Customer confirms his/her Order by clicking on the GTC acceptance box and then clicking on the Order confirmation icon. The words “Order with obligation to pay” or a corresponding unambiguous formula are indicated next to the Order confirmation icon to ensure that the Customer explicitly acknowledges the obligation to pay of the Order.
- After accepting the GTC and confirming the Order with obligation to pay, the contract is agreed between the Company and the Customer and binds them irrevocably.
- After confirming the order and in order to carry out payment, the Customer enters a delivery address for the Product(s) ordered, and an invoice address, if different. The delivery process of the Product(s) ordered is described in Article 5 of the present GTC.
- The Company then sends the Customer confirmation of the Order by email, indicating the summary of the Order, the delivery address and, if applicable, the invoice address.
- After confirming the delivery and, if applicable, invoice address(es), the Customer carries out payment of the Order according to the terms detailed hereafter.
- PRICE AND PAYMENT TERMS OF THE ORDER
- The prices indicated on the Site in the Product descriptions are in Euros and inclusive of all taxes.
- The total amount is indicated in the Order summary, before the Customer accepts the present GTC, confirms his/her Order, fills in and confirms delivery, and, if applicable, invoice addresses and carries out payment. The total amount is inclusive of all taxes.
- The Product(s) ordered on the Site must be paid for in Euros. The Order must be paid for in full at the time of the Order by the Customer, by bank card, unless specific purchase terms are otherwise explicitly agreed between the Customer and the Company.
- In the case of payment by bank card, the Site uses a secure payment platform, Stripe, specialized in online payments. This system provides the Customer with total confidentiality of his/her banking data. The transaction by bank card, carried out between the Customer and the secure platform is entirely encrypted and protected. The Customer’s banking data is not stored by the Company. The General Terms and Conditions of Stripe can be consulted at the following address: https://stripe.com/en-fr/privacy
- The Customer guarantees the Company that he/she possesses the appropriate authorization to use the payment method when placing the Order.
- The Company reserves the right to suspend or cancel fulfilment and/or delivery of an Order, of whatever nature and at whatever stage of fulfilment, in the case of failure to pay or partial payment of all amounts due by the Customer to the Company, in the case of payment incidents, or in the case of fraud or attempted fraud related to use of the Site and payment of the Order.
- The Products available on the Site can be delivered to mainland France and to other EU member states.
- The Company undertakes to deliver the Product(s) within a maximum of 4 working days from the date of the Order.
- When his/her Order is ready, the Customer is informed by email that it has been shipped. The Product(s) ordered are delivered to the delivery address indicated by the Customer as per the terms of Article 3.8 of the present GTC.
- The Customer must ensure that the information provided as per Article 3.7 of the present GTC is accurate and that it remains valid until the full delivery of the Product(s) ordered. The Customer undertakes to inform the Company of any change of invoice and/or delivery address that may occur between the time of Order and the delivery, by sending an email at the earliest opportunity to the Company’s Customer Services. Failure to do so, in the case of any delivery delay or error, the Customer may not under any circumstances invoke the Company’s liability in the case of absence of delivery, and the Company’s Customer Services will contact the Customer to arrange for a second delivery at the Customer’s expense.
- The Company cannot be held responsible for the non-reception of Product(s) due to a third party outside its scope or in case of theft.
- In the case of return of an Order due to the Customer’s absence, the Company’s Customer Services will contact the Customer to carry out a second delivery at the Customer’s expense.
- The Customer can track the delivery of his/her Order by contacting Customer Services at the number indicated in Article 6.2 of the present GTC.
- CUSTOMER SERVICES
- Should the Customer require any information or precisions or wish to make a complaint, he/she must first contact the Company’s Customer Services so that the latter may attempt to find a solution to the problem.
- The Company’s Customer Services can be contacted from 10am-12pm – 2-6pm (French mainland time) from Monday to Friday as follows:
- Telephone: 00 33 9 83 42 20 58
- Email: email@example.com
- Postal mail: 18 Rue d’Allonne, 60000 Allonne, France
- LEGAL AND SALES GUARANTEES
All the products proposed by the Company are subject to the legal guarantee of conformity covered by law, and in particular Articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code, and the guarantee against hidden defects covered by Articles 1641 and 1648, subparagraph one, of the French Civil Code:
Non-conform product(s) will be replaced or repaired according to the cost methodology referred to in the Consumer Code.
The legal guarantee of conformity applies independently of any sales guarantee granted.
As a result, the Customer:
(i) benefits from a two (2) year period starting from the date of delivery of the Product to act in the case of non-conformity of the Product,
(ii) is exempted from providing proof of the existence of the Product’s non-conformity during the six (6) months following its delivery,
(iii) can choose between the repair or the replacement of the Product, subject to the cost methodology covered by Article L. 217-9 of the Consumer Code.
Moreover, the Customer can also implement the legal guarantee related to hidden defects of the item sold, as covered by Article 1641 et seq. of the Civil Code. The legal guarantee against hidden defects enables the customer to demand a refund of an item that has been found unsuitable for its use within a period of two years from the date of discovery of the defect.
The warranty against hidden defects protects the Customer against hidden defects of the Product purchased that may hinder or affect its use to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the Product and request a price reduction, or return the Product and request its refund at the price paid, in compliance with Article 1644 of the French Civil Code.
The following legal terms are provided as a reminder:
Art. L217-4 of the French Consumer Code: ’’The seller delivers goods in conformity with the contract and is liable for defects of conformity existing on delivery. The former is also liable for any lack of conformity resulting from packaging, assembly instructions or installation when the seller is responsible thereof by contract or the latter were carried out under the seller’s supervision.”
Art. L217-5 of the French Consumer Code: ’’The goods are deemed conform with the contract: 1° If they are suitable for the customary use of similar goods and, if applicable, (a) they correspond to the description provided by the seller and possess the qualities that the latter has presented to the purchaser in the form of a sample or model; (b) they present the qualities that a purchaser can legitimately expect in view of the public declarations made by the seller, the producer or his/her representative, particularly in terms of advertising or labelling; 2° Or they have the characteristics defined by mutual agreement by the parties or are suitable for any special purpose sought by the purchaser, made known to the seller and accepted by the latter.”
Art. L217-7 of the French Consumer Code: ’’Any lack of conformity which becomes apparent within a period of 24 months from the date of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. In the case of the sale of second-hand goods, this period is reduced to six months. The seller can challenge this presumption if it is not consistent with the nature of the goods or the alleged lack of conformity.”
Art. L217-8 of the French Consumer Code: ’’The purchaser is entitled to demand that the goods are conform with the terms of the contract. The former cannot however challenge the conformity of goods by invoking a defect he/she was aware or could not have been unaware of at the time of concluding the contract. The same applies when the defect originates from materials supplied by the purchaser him/herself.”
Art. L217-9 of the French Consumer Code: ’’In the case of lack of conformity, the purchaser chooses between the repair and the replacement of the goods. However, the seller may decide not to proceed with the purchaser’s choice if it entails a cost that is manifestly disproportionate in comparison with another method, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless this is impossible, according to the method that wasn’t selected by the purchaser.”
Art. L217-10 of the French Consumer Code: ’’If the repair or the replacement of the goods is impossible, the purchaser can return the goods and receive a refund or keep the goods and receive a partial refund. The same option is available: 1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the purchaser’s claim; 2° Or if this solution cannot be implemented without causing the purchaser major inconvenience in light of the nature of the goods and their intended use. The sale cannot however be cancelled if the lack of conformity is minor.”
Art. L217-11 of the French Consumer Code: “Application of the terms of Articles L. 217-9 and L. 217-10 cannot give rise to a cost to the purchaser. The same terms shall not prevent any entitlement to damages and interests.”
Art. L217-12 of the French Consumer Code: ’’Actions that result from a lack of conformity are limited to two years after the delivery of the goods.”
Art. L217-13 of the French Consumer Code: ’’The provisions of the present section do not deprive the purchaser from exerting his/her right resulting from redhibitory defects such as those indicated in Articles 1641 to 1649 of the French Civil Code or any other contractual or non-contractual action recognized by law.”
Art. 1641 du Code Civil: ’’The seller is bound to a guarantee against hidden defects of the goods sold which render them unfit for their intended use, or which so impair them for that use that the purchaser would not have purchased them, or would have paid a lower price from them, had he/she been aware of the defects.”
Art.1642 du Code Civil: ’’The seller is not liable for visible defects whose presence could have been discerned by the purchaser him/herself.”
Art. 1643 du Code Civil: ’’The seller is liable for hidden defects, even if he/she was not aware of them, unless he/she has stipulated that in this case, he/she will not be bound by such a guarantee.”
Art. 1644 du Code Civil: ’’In the case of Articles 1641 and 1643, the purchaser has the choice of either returning the goods or receiving a refund, or keeping the goods and receiving a partial refund.”
Art. 1646 du Code Civil: ’’If the seller had no knowledge of the defects, he/she shall only be liable to refund the amount paid and to reimburse the purchaser for any expenses incurred by the sale.”
Art. 1648 du Code Civil: ’’The action resulting from redhibitory defects must be brought by the purchaser within a period of two years following the discovery of the defects (…)”
Should a Customer consider that he/she has received a Product that is defective or non-conform, he/she must contact the Company at the earliest opportunity on reception of the Order, by email at the following address: firstname.lastname@example.org, or by registered mail to: 18 Rue d’Allonne, 60000 Allonne, France, specifying the nature of the defect or non-conformity.
It will be up to the Customer to provide justification as to the nature of the visible defects and/or anomalies observed. The Customer must allow the Company full access to observe such defects or non-conformities and to remedy such defects, if possible. He/she will refrain from taking any measures him/herself or from calling upon third parties to this end.
Should the defects and/or anomalies be confirmed by the Company, the latter will indicate how the Customer should proceed, after having knowledge of the claim formulated and, if applicable, will replace the Product whose lack of conformity or defect was observed by the Company.
Should it be impossible to exchange the Product, the Company is bound to refund the Customer within fourteen days of reception of the Product. The Company will offer the Customer to carry out the refund by bank transfer to the Customer’s bank account, the Customer can, however, request another method of refund.
- OBLIGATIONS OF THE CUSTOMER
- The Customer undertakes to respect the terms of the present GTC.
- The Customer undertakes to use the Site in compliance with the Company’s instructions.
- The Customer undertakes to use the Site solely for his/her personal use, in compliance with the present GTC. To this end, the Customer undertakes to refrain from:
- Using the Site illegally, to any illegal end and in any manner that is incompatible with these GTC.
- Selling, copying, reproducing, renting, loaning, distributing, transferring or conceding under sub-license all or part of the content of the Site or compiling, disassembling, modifying or displaying in a legible form by the Customer, or attempting to discover all source codes or using any software that activates or includes all or part of the Site.
- Attempting to gain unauthorized access to the Site’s IT system or carrying out any activity that may upset, reduce the quality or interfere with the performances or deteriorate the operations of the Site.
- Misusing the Site by voluntarily introducing a virus or any other malicious program or attempting to gain unauthorized access to the Site.
- Infringing the intellectual property rights of the Company and/or reselling or attempting to resell Products to third parties.
- Denigrating the Site and/or the Products and the Company on social media or any other means of communication.
- If, for whatever motive, the Company considers that the Customer has not respected the present GTC, the Company can at all times, and at its sole discretion, block the Customer’s access to the Site and take all measures including civil and penal legal actions against the Customer.
- RIGHT OF WITHDRAWAL
- In compliance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has fourteen days dating from reception of the last Product ordered on the Site to exert his/her right of withdrawal with regards to the Company, without having to justify his/her decision or be liable for any penalties.
- All Products/Services are covered by the right of withdrawal, with the exception of those excluded by Article L. 221-28 of the French Consumer Code, indicated hereafter:
The right of withdrawal cannot be implemented for contracts concerning:
1° The provision of services carried out in full before the end of the withdrawal period and whose performance began subsequent to the consumer’s prior explicit agreement and explicit renouncement of his/her right of withdrawal;
2° The provision of goods or services whose price depends on financial market fluctuations out of the control of the professional and likely to occur during the period of withdrawal;
3° The provision of goods manufactured according to the consumer’s specifications or clearly personalized;
4° The provision of goods likely to deteriorate or perish rapidly;
5° The provision of goods that have been unsealed by the consumer on delivery and which cannot be returned for reasons of hygiene or health and safety;
6° The provision of goods which, after having been supplied and by their nature, are mixed and become indissociable from other items;
7° The provision of alcoholic beverages whose delivery is planned to take place beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
8° Maintenance operations or repairs carried out urgently in the consumer’s place of residence and explicitly requested by the latter, within the limit of the spare parts and work strictly required to answer the emergency;
9° The provision of audio or video recordings or computer software which have been unsealed by the consumer after delivery;
10° The provision of a newspaper, a periodical or a magazine, with the exception of subscriptions to such publications;
11° Public auctions;
12° The provision of accommodation services, other than residential accommodation, the transport of goods, car rentals, catering or leisure activities that must be supplied at a certain date or for a set period;
13° The provision of digital content not supplied on a tangible medium whose usage started after the consumer’s prior explicit agreement and explicit renouncement of his/her right of withdrawal.
- To exert his/her right of withdrawal of the Order, the Customer must notify his/her decision to withdraw his/her Order using the withdrawal form enclosed in annex to the present terms or by another means, devoid of any ambiguity, without the need to justify any motive. The Customer can communicate his/her decision to withdraw his/her Order to the Company by any means, in particular by postal mail to18 Rue d’Allonne, 60000 Allonne, France or by email to email@example.com.
- In the case of notification to the Company by the Customer to withdraw his/her Order, whatever the means used, the Company will send the Customer an immediate acknowledgement of receipt of the withdrawal, notably by email.
- The Customer must return the goods in the same condition in which he/she received them, with all the packaging, accessories and notices (even if the goods have been unpacked), at the earliest opportunity and at the latest within 14 days of notification of his/her decision to withdraw from the present contract, to the following address:18 Rue d’Allonne, 60000 Allonne, France. In compliance with the law, the Customer is liable for the cost of returning the goods.
- In the case of withdrawal by the Customer, the refund of the Product(s) concerned by the withdrawal will be carried out by the Company using the same means of payment used for the initial transaction, unless the Customer explicitly requests another means of payment. Whatever the case, this refund cannot incur expenses for the Customer. The refund will take place at the earliest opportunity and at the latest within 14 days from the date the Company is informed by the Customer of his/her decision to withdraw his/her Order.
- In compliance with Article L.221-23 of the French Consumer Code, the Customer is informed that he/she is only liable with respect to the Company for the depreciation of the Product(s) returned in the framework of his/her right to withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the goods.
- The company implements every measure to ensure that the Customer receives quality products in optimal conditions. It cannot however, under any circumstances, be deemed liable for the failure to perform or the improper performance of all or part of the services covered by the contract that can be attributed either to the Customer, or to an unforeseeable and unsurmountable act on the part of a third party to the contract or in the event of force majeure. More generally, if the Company’s is deemed liable, it shall not, under any circumstances, compensate the Customer for indirect damages or damages whose existence and/or amount are not established by proof.
- The Company cannot be liable for damages incurred by misuse of one of its Products or by the failure to respect the precautions related to the hygiene, storage and safety during the use of its Product(s)/Service(s).
- The Site may contain links to other sites that are not edited or controlled by the Company and it cannot be liable for the operation, content or any element present on or obtained by the intermediary of such sites.
- The implementation of links or references to any information, articles or services provided by a third party cannot and must not be interpreted as an explicit or tacit endorsement, by the Company, of these sites, elements or contents.
- The Company is not responsible for the availability of these sites and cannot control the content or endorse the advertising, the product(s) or other information indicated on such sites.
- It is explicitly stated that the Company may in no way whatsoever be held responsible should the Customer’s hardware or electronic mail, due to anti-spam software for example, reject electronic mails addressed by the Company, and in particular but not exclusively, copy of payment, the summary of the Order or the delivery tracking email.
- The Customer is fully aware of the provisions of the present article and in particular of the ensuing guarantees and limitations of responsibility, which are essential conditions without which the Company would not have concluded an agreement.
The Customer undertakes not to seek to harm the Site’s security. To this end, he/she undertakes not to gain or maintain fraudulent access to the Company’s information systems. The Customer may not seek to harm or hinder the Company’s information systems. Failing this, the Company make implement all measures, including in particular incur the Customer’s criminal liability as per Articles 323-1 et seq. of the French Criminal Code.
- INTELLECTUAL PROPERTY AND PERSONAL DATA
- All the elements of the Site and the Site itself are protected by copyright, trademark and industrial design law and/or all intellectual property rights. These elements are the exclusive property of the Company. All these rights apply to the entire world.
- The name, brand and trademark, logos, designs, stylized lettering, figurative trademarks, and all the signs depicted on this Site are and will remain the Company’s exclusive property.
- No title or right of any sort to any element or software can be obtained by downloading or copying any element of the Site. The Customer is strictly forbidden from reproducing (apart from for his/her personal and non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting or adding to the Site and to the elements and software it contains, nor may he/she modify or carry out any work using them as a basis, to sell or take part in any sale in relation to the Site, the elements of the Site or any related software.
- The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and cannot, under any circumstances, be ceded to any third party. The license is granted for the duration of the use of the Site.
- Any use by the Customer of company names, trademarks or distinctive signs belonging to the Company is strictly forbidden, without the Company’s explicit, prior agreement.
- The Company recognizes that the protection of data and privacy are an issue for all visitors to the Site. The Company undertakes, in compliance with the French Data Protection Regulations (RGPD), to respect your privacy and to protect your personal data, i.e., data that can identify you directly or indirectly as a person.
- In the framework of the Order, the Company will collect the Customer’s personal data. The Company undertakes to protect Customer’s personal data.
- The files containing personal data necessary to the fulfilment of the Order are stored on the servers of the Site’s hosting company. This company guarantees that it complies with the provisions of the French Data Protection Regulations (RGPD). The Company does not communicate or sell its Customer’s personal data.
- At the time of placing an Order on the Site, the Customer explicitly agrees to the collection and processing of his/her personal data necessary to the fulfilment of Orders.
- The personal data collected by the Company is required to fulfil the Order. This personal data is not kept any longer than is necessary for the ends to which it was collected, including in terms of legal or tax obligations.
- In compliance with the provisions of the law N°78-17 of 6 January 1978, annotated by Law N°2004-801 of 6 August 200, known as the “Data Protection Act’’, and Data Protection Regulations (RGPD), subject to proof of your identity, any Customer, whatever his/her nationality, may gain access, modify and delete his/her personal data. Each Customer also has the right to request a restriction of the processing of his/her data and also has the right to data portability and to a right to refuse the processing of his/her personal data.
- In order to apply the present clause, and in particular, to ensure the confidential processing of its Customers’ data, the Company has appointed, in compliance with the provisions of the French Data Protection Regulations (RGPD), a data protection officer, who can be contacted at the following address: firstname.lastname@example.org
- In any event, all Customers have the right to address a claim to the CNIL (French Data Protection Authority).
- By checking the appropriate box or by explicitly giving his/her agreement to this end, the Customer agrees to receive a newsletter from the Company at a frequency and in a format determined by the Company that may contain information related to its activity.
- When the Customer checks the appropriate box during the registration procedure on the Site to place an Order, he/she agrees to receive sales offers from the Company for Products similar to those ordered.
- Customers may unsubscribe from the newsletter by clicking on the appropriate link in each of the newsletters.
- REFUSING COLD CALLS
The Customer can register free of charge on a list to indicate his/her opposition to cold calls (BLOCTEL www.bloctel.gouv.fr) from professionals with whom he/she does not have an ongoing contractual relationship, in compliance with Law N°2014-344 of 17 March 2014 related to consumer protection.
All consumers can register free of charge on this list on the Site https://conso.bloctel.fr/index.php/inscription.php.
- APPLICABLE LAW AND JURISDICTION
- The present GTC are governed and interpreted in compliance with French law, without regard to any principles of conflicts of laws.
- In the event of litigation that may arise concerning the interpretation and/or performance of the present contract or in relation to the present GTC, the Customer may elect to submit the litigation with the Company to a conventional mediation procedure or any alternative method of dispute settlement.
- In compliance with the provisions of the French Consumer Code related to the amicable settlement of disputes, the Company is a member of a Mediation Service, Medycis e-commerce, which can be contacted at the following address: 73 boulevard de Clichy 75009 Paris, France – https://medicys.fr/
You can contact the mediation service for consumer disputes related to orders placed on the internet: https://medicys-consommation.fr/
- It is hereby reminded that mediation is not compulsory but only proposed in order to resolve litigation by avoiding judicial recourse.
- The Customer can also go to the European platform of consumer litigation settlement set up by the European Commission at the following address, which lists all the litigation settlement bodies approved in France:
- Should the mediation procedure fail or if the Customer wishes to resort to legal proceedings, the provisions of the Code of Civil Procedure shall apply.
Curio Cosmetique Paris 18 Rue d’Allonne, 60000 Allonne, France
00 33 9 83 42 20 58
I hereby inform you of my decision to withdraw from the contract relative to the sale of product(s)/service(s) indicated hereafter:
Ordered on (date):
Received on (date):