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GENERAL CONDITION OF SALE

Preamble

 

So-thoms.fr (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet. It is open to any user of this network (hereinafter referred to as "Internet user"). It is published by the company THOMS PARIS with a capital of 30,000 euros, whose registered office is 34 AV DES CHAMPS ELYSEES 75008 PARIS, registered in the Commercial Register under number 842 757 734. The e-mail address allowing you to enter contact with the Company THOMS PARIS is contact@thomsparis.fr. The Site allows THOMS PARIS to offer for sale, cosmetic products (hereinafter referred to as "Products") to Internet users browsing the Site (hereinafter referred to as "Users"). For the application of these terms, it is agreed that the User and THOMS PARIS will be collectively referred to as the “Parties” and individually referred to as the “Party”, and that the User who validated an order will then be referred to as the “Buyer”. The rights and obligations of the User necessarily apply to the Buyer. It is specified that the Products are intended for the personal use of the User, without any direct relation to his professional activity. As such, the attention of the User is particularly drawn to the fact that the amount of his order must not exceed the sum of 500 euros. The User who wishes to buy on the Site, declares to have full legal capacity. These general conditions of sale comply with the provisions of law n ° 2014-344 of March 17, 2014 relating to consumption.

 

 

I. Object

The purpose of these general conditions of sale is to define, worldwide, exclusively because of the relationships they establish on the Internet and only on the Site, the rights and obligations of the Parties arising from the online sale of Products offered on the Site. The Purchaser declares to have read and all orders for one or more of the Buyer's products imply unreserved acceptance and prior, full and complete acceptance of these general conditions of sale and guarantees which prevail over any other document, except specific conditions expressly agreed in writing by THOMS PARIS.


 

II. Products - Price - VAT

1. Products

The Products offered for sale by THOMS PARIS are those which appear on the Site, on the day of consultation of the Site by the User, and within the limits of available stocks. The photographs illustrating the Products do not enter into the contractual field.

 

2. Price

 

The prices of the Products are indicated in euros. They take into account the VAT applicable on the day of the order. THOMS PARIS reserves the right, which the User accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of the registration of the order, subject however to the availability of said products. The possible shipping costs are invoiced in addition.

 

3. VAT

 

In accordance with the legislation in force, the VAT collected on sales is transferred to France.


 

III. Registration and validation of the order

 

1. Navigation within the Site

The User can navigate freely on the different pages of the Site, without being bound by an order.

 

2. Registration of an order

 

If the User wishes to place an order, he will choose the different Products in which he is interested, and will express said interest by clicking on the "ADD TO CART" box. At any time, the User may: - obtain a summary of the Products he has selected or modify his order, by clicking on "MY CART". A summary of his order will then appear on the screen. If the list presented to him corresponds to the Products he has chosen, the User may continue his order by clicking on: "Checkout". The User will then have to identify himself, by accurately filling in the form made available to him, on which he will in particular include the information necessary for his identification and in particular his name, first name, postal address. The User is informed and accepts that entering any identifier is proof of his identity and expresses his consent.

 

3. Final validation of the order - Securing of payments

 

After knowing the status of his order, and once all of the requested information has been completed by the User, he will choose the payment method he wishes to use to pay for his order. The latter will click on "PAYMENT" to pay for the order. The User can pay for his purchases by bank card (visa card, Mastercard). He must fill in the name on the card, the card number, its validity date and the control code located on the back of the card. Payments by bank card on the THOMS PARIS site and by are made through the secure payment system of LCL Bank. As soon as he validates the payment, the User returns to the Site. His order is registered and becomes irrevocable. The User then becomes Buyer. The purchase order is recorded in the computer registers of THOMS PARIS, themselves kept on a reliable and durable support, and will be considered as proof of the contractual relations between the Parties. The Buyer guarantees that he is fully entitled to use the payment card used, that the latter is valid and gives access to sufficient funds to cover all the costs necessary for payment of the order.

 

4. Order confirmation

 

When the Buyer has validated his payment, a summary of the order will be sent to him by e-mail, to the e-mail address indicated by him at the time of his identification. He will be reminded in particular: the terms of payment, delivery and, where applicable, the delivery costs, the characteristics of the product (s) ordered, the conditions and procedures for exercising the right of withdrawal ; - the address where the Buyer can submit complaints, information relating to after-sales service and commercial guarantees.


 

IV. Delivery terms


Upon receipt of the Products ordered, the Buyer must verify the conformity of these Products. Any anomaly concerning the delivery (missing or broken product, damaged package, etc.) must be reported by the Purchaser on the receipt which the carrier will present to him at the time of delivery of the package and must imperatively be notified on the same day of reception or at the latest on the first working day following reception, to the THOMS PARIS consumer service, by e-mail addressed. Any complaint made after this period will be rejected and THOMS PARIS will be released from all responsibility. In the event of an anomaly relating to the package or the Product (s), and after having reported it to THOMS PARIS within the time period mentioned above, the Purchaser must return it (s) in its (their) packaging and its (their) original packaging under the conditions of article 5 "Right of withdrawal" defined below and within the period of fourteen (14) days from receipt of the order. This return must be accompanied by a letter detailing the Buyer references, the invoice number and date, the Product reference (s) and the reason for the request. THOMS PARIS reserves the right to verify the returned Product (s), to study the reason for the request and therefore to proceed or not to the free replacement of the Product (s) without no compensation is due. If the ordered product is unavailable, the Purchaser will be informed of this unavailability. With the buyer's prior agreement, he will be offered a product of equivalent quality and price. In the absence of the Purchaser's agreement, the latter may, if necessary, be reimbursed at the latest within thirty (30) days of payment of the sums he has paid. THOMS PARIS declines all responsibility in the event of a default in delivery or a delay in delivery due to force majeure, a third party action or a fault attributable to the consumer. In the event of a delay in delivery, the Purchaser must report this delay, as soon as possible to the THOMS PARIS consumer service, by e-mail addressed.

V. Right to retract

 

The Buyer has a period of fourteen (14) clear days to notify THOMS PARIS of its desire to withdraw. This period runs from the day of receipt of the order. The Buyer, to exercise this right of withdrawal, must within this period inform THOMS PARIS of its decision to withdraw by mail. The Purchaser must then return, at his expense, the Product (s) in their (their) original packaging, at the latest within fourteen (14) days of the communication of their decision to withdraw, to the following address: THOMS PARIS, 34 AV DES CHAMPS ELYSEES, 75008 PARIS, FRANCE. When the period of fourteen (14) days expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the next working day. If the above conditions are met, THOMS PARIS will reimburse the Purchaser for all of the sums paid by the Purchaser, as soon as possible and at the latest within fourteen (14) days following the date on which THOMS PARIS was informed of the Buyer's decision to withdraw. THOMS PARIS reserves the right to postpone the reimbursement until the product (s) are recovered. The costs of initial delivery are included, with the exception of return costs which remain the responsibility of the Buyer.


VI. Legal warranty

 

The Buyer benefits from the legal guarantee of conformity (Consumer Code art. L.211-4 and following) and from the defects of the thing sold (Civil Code art. 1641 and following).

 

The Buyer is informed that the guarantor of the conformity of the goods is the Company THOMS PARIS, located 34 AV DES CHAMPS ELYSEES, 75008 PARIS. In the event that the Buyer acts as a legal guarantee of conformity, regardless of the possible commercial guarantee, he has 18 months to act from the delivery of the goods. The Purchaser is exempt from reporting proof of the existence of the non-conformity during the period of six months from the delivery of the Product (s). In case of non-compliance, the Buyer can choose between replacing or reimbursing the Product (s), and this subject to the conditions provided for in article L.211-9 of the Consumer Code. In the event that the Buyer acts as a legal guarantee for the defects of the thing sold, he chooses between canceling the sale or reducing the sale price.


 

VII. Computing and Freedom

 

The information of personal information collected within the framework of distance selling is compulsory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order. In accordance with the Data Protection Act, the processing of personal information collected on the Site has been declared to the National Commission for Data Protection. The User has the right to access, modify, rectify and delete data concerning him. To exercise this right, the User must send a simple letter to the THOMS PARIS consumer service, 34 AV DES CHAMPS ELYSEES, 75008 PARIS, or an e-mail to contact@thomsparis.fr.


 

VIII. Force majeure

 

No Party shall be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure. Events fulfilling the criteria set by case law will be considered as force majeure.

 

The Party invoking an event constituting force majeure must notify the other Party within five working days of the occurrence or threat of this event. The Parties agree that they must consult as soon as possible in order to determine together the terms of execution of the order during the duration of the case of force majeure.

 

 

IX. Partial invalidity

 

If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.

 

 

X. Entire contract

These general conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties. In case of contradiction between these documents, the general conditions of sale will prevail.

 

XI. Intellectual property

 

The Site so-thoms.fr is an intellectual work protected by Intellectual Property Law. Each of the elements that compose it (such as, in particular, brands, logos, photographs, images, illustrations, texts, slogans, video.) Are the exclusive property of THOMS PARIS, the only person authorized to use the intellectual property rights and rights of the related personality.

 

Any reproduction and / or full or partial representation, use, adaptation or modification of the Site or any of the elements that compose it on any medium whatsoever, and in any form whatsoever, for other purposes and in particular commercial is expressly prohibited.

 

Any reproduction and / or representation of the Site or any of the elements that compose it must be subject to the express prior authorization of THOMS PARIS. The creation of hypertext links to the Site can only be carried out with the prior written authorization of THOMS PARIS.

 

The brands mentioned on the Site are registered trademarks and therefore protected and are the exclusive property of THOMS PARIS.

 

 

XII. Applicable law - Competent jurisdiction

 

Sales of THOMS PARIS products are subject to French law regardless of the Buyer's country of residence and the place of placing the Order. Any litigation relating to the existence, the interpretation, the execution or the breach of the contract concluded between THOMS PARIS and the purchaser, even in the event of plurality of defendants, will be, in the absence of amicable agreement, exclusive competence competent French courts under the rules laid down by the French Code of Civil Procedure.

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