GENERAL TERMS & conditions OF SALE OF THE Ritz Paris ONLINE BOUTIQUE


The Ritz Hotel Limited, a company constituted under English law with a registered capital of £2,000,000, registered at the Paris Register of Trades and Companies under number 572 219 913, with its registered office at 14 South Street, London (United Kingdom) and its principal place of business at 15 place Vendôme – Paris (75001); telephone number 00 33 (0)1 43 16 30 30; EU VAT number: FR 20572219913 (“Ritz Paris”) owns the website accessible using the following address: ritzparisboutique.com.

Ritz Paris offers Internet users who sign in to the Ritz Paris Boutique website (“the Site”) the opportunity to purchase Ritz Paris products that are for sale.

 

SCOPE

These general terms and conditions of sale (“General Terms & Conditions”) – which define the terms of ordering, payment, delivery and any returns – are applicable to all sales of products made via the Site for delivery in metropolitan France (including Corsica), Belgium, Luxembourg, Netherlands, Italy, Denmark, Spain, Portugal, Austria, Monaco, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Finland, Sweden, Greece, Estonia, Latvia, Lithuania, Bulgaria, Romania, Andorra, Liechtenstein, San Marino, Switzerland, Japan and the United States of America.

In consequence, the customer certifies having knowledge of the General Terms & Conditions before placing an order. For each order placed on the Site, the customer shall confirm acceptance of the General Terms & Conditions by ticking the box marked “ I have read and accept the general terms and conditions of sale of the Ritz Paris online boutique”. Ticking this box at the time of ordering constitutes an unrestricted and unreserved acceptance of the said General Terms & Conditions, which the customer is free to save as a data file and/or to print.

The General Terms & Conditions shall apply for as long as they appear on the Site. Ritz Paris may amend and update these General Terms & Conditions at any time, it being stipulated that the General Terms & Conditions applicable will be those in force on the date of the order placed and formally accepted by the customer.

CUSTOMER IDENTIFICATION

The online sale of products on the Site is solely reserved for end users, namely for consumer customers as defined in law and in jurisprudence, acting solely on their own behalf and domiciled in metropolitan France (including Corsica), Belgium, Luxembourg, Netherlands, Italy, Denmark, Spain, Portugal, Austria, Monaco, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Finland, Sweden, Greece, Estonia, Latvia, Lithuania, Bulgaria, Romania, Andorra, Liechtenstein, San Marino, Switzerland, Japan and the United States of America. To protect against orders for products placed for other purposes and, in particular, to prevent any risk of parallel sales of its products, Ritz Paris has limited orders for any product to a maximum of six (6) identical items and a maximum of twelve (12) items for porcelain plates.

In the process of the online sales of its products, Ritz Paris shall be required to collect personal data necessary for the recording, processing and follow-up of orders, such as: title, last name, first name, age, address for delivery, billing address, e-mail address, password, telephone numbers (office, home, mobile), etc., for each customer.

When placing a first order on the Site, the customer is required to open an account and complete an order form containing certain mandatory fields in order for the product selection to be accepted by Ritz Paris. For any subsequent orders, the customer may sign in using their e-mail address (as ID) and password – which the customer is responsible for keeping confidential – after clicking on the “Identification” icon on the Site.

The information provided by the customer when opening its account or on any subsequent order must be complete, accurate and up-to-date. If this is not the case, Ritz Paris shall not be able to fulfill the customer’s orders. If the customer does not wish to provide such information, Ritz Paris will be unable to respond favorably to the order.

The gathering and processing of the customer’s personal data is the subject to a declaration to the French data protection agency, Commission Nationale de l’Informatique et des Libertés (CNIL), in accordance with the provisions of the French data protection act, Law no.78-17 of 6 January 1978 on information technology, files and civil liberties. Customers are informed that their personal data may be communicated, wholly or in part, only to Ritz Paris service providers involved in the fulfillment of orders (in particular for payments and deliveries) and bound by data confidentiality and security undertakings.

Customers have a right to access, modify and delete their personal data gathered and processed by Ritz Paris. This right may be exercised at any moment by writing to Ritz Paris, Service E-Commerce - 15, Place Vendôme, 75001 Paris, or by e-mail to: contact@ritzparis.com

TERMS OF ONLINE ORDERING

For each product selected and added to the customer shopping cart (“Cart”) shown on the Site, an Internet page containing an order summary will be displayed showing a photograph of the product, its description and reference, the quantity ordered, the unit price (excluding and including VAT), shipping terms and costs and the total amount of the order.

Ritz Paris takes the greatest care to ensure maximum accuracy in the presentation and description of the products offered for sale on the Site (including photographs and drawings) within the limits of the techniques available and of the IT equipment used, and in accordance with the highest market standards. Notwithstanding, certain non-material errors may appear on the Site, which the customer recognizes and accepts. The customer may contact the Ritz Paris Customer Relations Department by calling the number featured on the Site for any further information or questions they may wish to ask before ordering products. In all circumstances, should a product delivered not conform to its description on the Site, Ritz Paris shall correct this error: the customer may either exercise their right of retraction or implement the Ritz Paris conformity warranty under the conditions set out below.

The customer will be able to check the details of the order and the total price quoted in the Cart, and may correct any errors before finally confirming the order and formally accepting by clicking on the “Order & Pay” icon. Once confirmed by the customer, the order is transmitted to Ritz Paris for processing. The order can no longer be modified and/or cancelled except under the conditions expressly provided for in the General Terms & Conditions.

An order summary will be immediately sent to the customer by e-mail to the address provided by the customer. The customer formally accepts the use of e-mail by Ritz Paris to communicate the summary of the order content. Ritz Paris recommends saving and/or printing a copy of this e-mail to retain as proof of the order. Customers are also advised to notify Ritz Paris immediately of any error and/or omission in the order summary.

The order confirmation contains all the information provided by the customer and the total price of the order, delivery times and costs with an indication, as necessary, of any difficulties or reservations arising from the order.

The data recorded on the Site as summarized in the e-mail confirmation constitute proof of all transactions between Ritz Paris and the customer.

Ritz Paris reserves the right to refuse and/or cancel any customer order which does not comply with the General Terms & Conditions.

Ritz Paris will also provide the customer by e-mail, either directly or via its transport provider, with an order tracking number to enable the customer to check the order progress and delivery.

PRICES

Some of the prices quoted on the Site in Euros are VAT exclusive and others are VAT inclusive, as stipulated on the Site and, in all circumstances, the prices exclude delivery costs.

The price of each product which the customer wishes to purchase and the amount of the delivery costs – which vary depending on the shipping method and delivery address chosen by the customer – will be stated on the Site in the Cart prior to confirmation of the order and in the summary e-mail sent to the customer by Ritz Paris. At the time of delivery and for each product delivered, the customer will also receive written confirmation of the price paid, with a separation of the price of the products and the delivery costs.

AVAILABILTY

Product and price offerings are valid as long as they are visible on the Site and are subject to availability; Product availability is confirmed to the customer at the time of placing the order.

If, exceptionally and despite the care taken by Ritz Paris, products ordered are unavailable (particularly in the case of simultaneous orders for the same product by a number of customers), Ritz Paris will inform the customer by e-mail without delay, providing the customer with the option to either order another product on the Site as a replacement or of cancel the order. If the customer opts to cancel the order, a refund will be made by crediting the customer’s bank account if such amount has already been debited.

Ritz Paris reserves the right to change the products and prices offered on the Site at any moment and without notice, it being stipulated that those products offered for sale and their corresponding prices are those applicable at the time of order and as selected and confirmed by the customer.

PAYMENT TERMS

Any order placed on the Site must be paid for as soon as it is confirmed, by bank card or by using a Ritz Paris gift card, by clicking on the “Order & Pay” tab.

Products ordered remain the property of Ritz Paris until receipt of the full price by Ritz Paris.

 

PAYMENT BY BANK CARD

The customer certifies to Ritz Paris that it is the holder of the said bank card and that the name appearing on the card is indeed its own. By using a secure Internet environment integrated into the Site by the financial partner of Ritz Paris, the customer shall supply the 16-digit card number, the card’s expiration date and the card’s security code featured on its bank card. It is hereby stipulated that Ritz Paris does not gather or retain the details of the customer’s bank card.

The transaction is then completed according to banking security standards. The bank card will be debited upon confirmation of the payment transaction made by the customer in the secure payment environment. The customer therefore gives authorization in advance to its bank to debit its account on sight of recordings or statements transmitted via the said secure payment environment, even in the absence of any bills signed in the cardholder’s name.

Should it prove impossible to debit the sums payable by the customer for any reason whatsoever (blocked card, payment refused by the card issuer, etc.), the purchasing process on the Site will be cancelled, the order will not be recorded by Ritz Paris and/or will be cancelled. In this eventuality, Ritz Paris will inform the customer on the Site and/or by e-mail.

PAYMENT BY RITZ PARIS CARD

If the transaction is made using a Ritz Paris gift card, the card must be valid and be within two years of its activation; use of the card security code is mandatory in order to avoid fraudulent use of the card.

The cardholder may at any time consult the status, available balance and expiration date by clicking on the “Gift Card” tab and entering the card number and security code.

Where the total amount payable on an order is greater than the value of the gift card, a bank card can be used to pay the difference so that the order can be confirmed.

In the event of a full or partial refund on a purchase made with a gift card, since the card is not refundable, a new gift card will be issued and credited with the balance of the old card and the amount to be refunded.

ORDER PREPARATION AND DELIVERY

A 24-hour period of order preparation by logistics should be added to any delivery time quoted (working days).

Products purchased on the Site shall only be delivered to the address indicated by the customer on the Site in metropolitan France (including Corsica), Belgium, Luxembourg, Netherlands, Italy, Denmark, Spain, Portugal, Austria, Monaco, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Finland, Sweden, Greece, Estonia, Latvia, Lithuania, Bulgaria, Romania, Andorra, Liechtenstein, San Marino, Switzerland, Japan and the United States of America. Any delivery address outside of these territories will be refused during the online ordering process.

The customer must ensure that full and accurate details of the delivery address are provided (including in particular: street number, building number, staircase number, access codes, names and/or interphone numbers, etc.). Inaccurate information risks delaying delivery or even requiring re-delivery.

Products will be delivered to the customer’s address once payment of the order amount is recorded, at the delivery address provided by the customer on the date or within the delivery time quoted by Ritz Paris and no later than thirty 30 days of the order date.

If the order is not delivered by the stated delivery deadline, the customer is entitled to request cancellation of the sale and a full refund of all sums paid.

The customer is advised to check the product’s conformity at the time of delivery and, if applicable, to indicate any anomalies by handwriting the reservations on the signed delivery note or, in order to save time, to contact Ritz Paris by e-mail or letter, with an accompanying photograph if possible, or by telephone, to report the noted non-conformity.

Delivery time period

Order Preparation

24h

To which the delivery time is added :

Mainland France (Corsica excluded) – 24/48h working days

Chronopost

Corsica – 24/48 h working days

Chronopost

Belgium, Luxembourg, Holland

2 to 3 working days

UPS Standard

Italy, Denmark, Spain, Portugal, Austria, Monaco – 3 to 4 working days

UPS Standard

Hungary, Poland, Czech Rep., Slovakia, Slovenia, Finland, Sweden – 4 to 6 working days

UPS Standard

Greece, Estonia, Lettonia, Lituania, Bulgaria, Roumania, Andorra, Liechtenstein, San Marino – 6 to 7 working days

UPS Standard

Swizerland – 2 to 3 working days custom clearance excluded

UPS Express

USA – 3 to 4 working days custom clearance excluded

UPS Express

Japan – 4- 5 working days custom clearance excluded

UPS Express

 

RIGHT OF RETRACTION

The customer may exercise its right of retraction, without having to provide any grounds, within fourteen (14) days from the date of receipt of the products ordered from the Site.

The Customer may exercise this right by returning the products in their original condition or at least in a suitable packaging providing equivalent protection for said products for the return transport, in full and in perfect condition to be re-sold by Ritz Paris, accompanied by the return form provided in the package or which can be downloaded from the Site on the “MY ACCOUNT” section, to the following address:

Crosslog - Service des Retours Ritz Paris

104 rue Denis Papin

77550 MOISSY CRAMAYEL

Customers are advised to retain their proof of return, and it is recommended to return the products by registered post or by any other means providing proof of shipping date; in all circumstances, returns are made at the customer’s sole expense and risk.

Products that are returned incomplete, altered, damaged and/or made dirty by the customer shall not be eligible for a full refund.

Subject to the time limit and reservations mentioned above, Ritz Paris will refund in full the price of the returned products, including the delivery costs initially billed by Ritz Paris to the customer, to the customer’s bank account linked to the bank card used for payment of the order, within fourteen (14) days of Ritz Paris receiving the returned products. In the event of full or partial refund of a purchase made using a gift card, a new card will be issued and credited with the balance of the old card and the amount to be refunded.

Should customer not comply with the conditions governing the exercise of the right of retraction described above when returning a product(s) to Ritz Paris, the product(s) may be returned to the customer, at the customer’s sole expense and in the same condition in which they were returned to Ritz Paris.

NON-CONFORMITY

In the event of a non-conformity of the delivered product, the customer may request that Ritz Paris repair or replace the product by contacting the Ritz Paris Customer Service department on 01 43 16 32 22 in order to obtain the prepaid label and the specific procedure to follow.

The products must be returned in full and in their original condition (or, at least, in a suitable packaging providing equivalent protection for said products for the return transport), accompanied by the return form provided in the package or which can be downloaded from the Site on the “MY ACCOUNT” section, to the following address:

Crosslog - Service des Retours Ritz Paris

104 rue Denis Papin

77550 MOISSY CRAMAYEL

The cost of returning non-conforming or defective products will only be covered by Ritz Paris by means of the prepaid label as issued by Ritz Paris by e-mail.

Subject to the above and, if replacement of the returned product is not possible, Ritz Paris shall refund the price of the non-conforming product(s) to the customer’s bank account linked to the bank card used for payment of the order, within fourteen (14) days of Ritz Paris receiving the returned products. In the event of full or partial refund of a purchase made using a gift card, a new card will be issued and credited with the balance of the old card and the amount to be refunded.

LEGAL WARRANTIES

The terms and conditions of any specific warranties given to the customer with the delivered product do not affect the legal warranties relating to product conformity and defects to which the customer is entitled to, as follows:

Article L. 217-4 of the French Consumer Code ( Code de la consommation): “ The seller must supply goods that are in compliance with the contract and must take responsibility for defects existing when the item is supplied. The seller is also responsible for defects resulting from the packaging, assembly or installation instructions where it is made responsible for them by the contract or where it is responsible for having them performed”.

Article L. 217-5 of the French Consumer Code: “ In order to comply with the contract, the goods must:

1. Be suitable for the purpose usually associated with such a product and, where applicable:

– match the description given by the seller and have the qualities that the seller presented to the purchaser in samples or models;

– have the qualities a purchaser is legitimately entitled to expect given the public declarations made by the seller, the manufacturer or its representative, particularly in advertising or labelling;

2. Or feature the characteristics jointly agreed upon by the parties, or be suitable for any special use required by the purchaser and brought to the seller’s attention and accepted by the seller .”

Article L. 217-12 of the French Consumer Code: “Action taken for defects is subject to a statute limitation of two years starting from when the goods are supplied.”

Article L. 217-16 of the French Consumer Code: “When the buyer requests that the seller, within the course of the commercial warranty granted to it during acquisition or repair of personal property, carry out a repair as covered under the warranty, an immobilization period of at least seven days will be added to the duration of the remaining warranty.

This period runs from when the buyer requests the intervention or from the provision for repair of the item in question, if this provision comes after the request for intervention.”

Article 1641 of the French Civil Code (Code civil): “The guarantee is binding on the seller for latent defects in the item purchased which make it unfit for the purpose for which it was intended or which reduce such use to the point where the purchaser would not have bought it or would have paid a lower price had they been aware of them.”

Article 1648 paragraph 1 of the French Civil Code: “Where a defect renders an item unfit for purpose, the purchaser must initiate proceedings within two years of discovering such defect.”

FORCE MAJEURE

The performance by Ritz Paris of all or part of its obligations shall be suspended in the occurrence of a force majeure event outside of its control preventing or delaying its performance, as recognized by French statute and case law.

Ritz Paris will inform the customer of any such force majeure event within seven (7) days of its occurrence. Should the consequential suspension of the performance of Ritz Paris’ obligations continue beyond a period of fifteen (15) days, the customer will be entitled to cancel the order in progress and will receive a refund from Ritz Paris, without delay, in the form of a credit to its bank account.

NON-waiver provision

No failure or delay by Ritz Paris in exercising a right or requiring performance of any one of the stipulations of the General Terms & Conditions may be construed as a waiver of such right to invoke at a later date the aforesaid total or partial failure to perform.

VALIDITY OF THE TERMS & CONDITIONS OF SALE

If at any time any provision of these General Terms & Conditions is found or held invalid or unenforceable by decision of a court of competent jurisdiction, it shall be deemed unwritten and the remaining provisions shall remain in force full and effect so long as their application is not rendered impossible.

JURISDICTION - MEDIATION

THE GENERAL TERMS & CONDITIONS OF SALE ARE GOVERNED BY FRENCH LAW EXCEPT FOR MANDATORY PROVISIONS TO THE CONTRARY SUCH AS MAY ARISE FROM REGULATION EC 593/2008 OF 17 JUNE 2008 ON THE LAW APPLICABLE TO CONTRACTUAL RELATIONS (ROME I).

IN ACCORDANCE WITH THE PROVISIONS OF THE CONSUMER CODE CONCERNING THE AMICABLE SETTLEMENT OF DISPUTES, THE RITZ HOTEL LIMITED IS BOUND BY THE E-COMMERCE MEDIATOR SERVICE OF THE FEVAD (FEDERATION OF E-COMMERCE AND DISTANCE SALES) WHOSE CONTACT DETAILS ARE THE FOLLOWING: 60 RUE LA BOETIE – 75008 PARIS – HTTP://WWW.MEDIATEURFEVAD.FR. ONCE THE CONSUMER HAS PREVIOULSY APPROACHED THE RITZ HOTEL LIMITED IN WRITING, THE MEDIATOR'S SERVICE MAY BE SEIZED FOR ANY CONSUMER DISPUTES WHICH HAVE NOT BEEN SETTLED. TO KNOW THE TERMS OF REFERENCE OF THE MEDIATOR, CLICK HERE.