General Sales Condition
1. RITZ PARIS E-BOUTIQUE CUSTOMER SERVICE
THE RITZ HOTEL LIMITED, a company governed by English law with share capital of £2,000,000, which is registered in the Paris Corporate Register under number B 572 219 913 00017 and whose registered office is located at 14 South Street, LONDON (United Kingdom) and whose principal establishment is located at 15 Place Vendôme, Paris (75001); Telephone number 00 33 (0)1 43 16 30 30; EC VAT number : FR 20572219913; (hereinafter called “RITZ PARIS”) publishes an internet site accessible at the following address : http://www.ritzparisboutique.com.
RITZ PARIS proposes to site users who connect to the heading “RITZ PARIS E-BOUTIQUE” (hereinafter called the “Site”) to purchase “Ritz Paris” and “Ritz Escoffier Paris” products that are offered for sale thereon.
2. SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter called the “General Terms and Conditions of Sale”), which stipulate, in particular, the modalities for the order, payment, delivery and eventual return of the said products, apply to all the sales of the products concluded through the Site, with a view to delivery in France, Corsica included, Belgium, Luxembourg, Netherlands, Italie, Denmark, Spain, Portugal, Austria, Monaco, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Finland, Sweden, Greece, Estonia, Lettonia, Lithuania, Bulgaria, Romania, Andorra, Liechtenstein, San Marin, and United States of America.
Consequently, the customer declares that he/she has full knowledge of these General Terms and Conditions of Sale before placing his/her order. In this regard, at the time of each order on the Site, the customer must confirm his/her acceptance of the General Terms and Conditions of Sale by ticking the box “I accept the General Terms and Conditions of Sale”. This validation at the time of the order thus amounts to acceptance of these General Terms and Conditions of Sale without restriction or reserve.
In accordance with the provisions of Articles 1369-1 and 1369-4 of the Civil Code, these General Terms and Conditions of Sale can be stored by computer recording and/or reproduced by the customer by printing.
These General Terms and Conditions of Sale shall apply as they shall be shown on the Site. RITZ PARIS can, at any time, modify and update these General Terms and Conditions of Sale, it being specified, however, that the General Terms and Conditions of Sale applicable shall be those in effect on the date of the order by the customer, as formally accepted by the latter.
3. IDENTIFICATION OF THE CUSTOMER
The online sale of products on the Site is exclusively reserved for end users, namely consumer customers within the meaning that the law and jurisprudence give thereof, acting exclusively on their own behalf and domiciled in France, Corse included, Belgium, Luxembourg, Netherlands, Italie, Denmark, Spain, Portugal, Austria, Monaco, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Finland, Sweden, Greece, Estonia, Lettonia, Lithuania, Bulgaria, Romania, Andorra, Liechtenstein, San Marin, and United States of America.
In order to protect itself against orders of products made for other purposes, RITZ PARIS has decided to restrict the order for each product to a maximum of six (6) identical items.
Within the framework of the online sale of its products, RITZ PARIS shall be obliged to obtain the personal data necessary for the registration, processing and monitoring of the orders such as, in particular, civil status, last name, first name, age, delivery address, invoicing address, e-mail address, password and telephone numbers (office, home and mobile) etc. of each customer.
To be able to purchase a product at the time of his/her first order, the customer must open an account and fill in an order form specifying certain compulsory fields so that his/her choice can be taken into account by RITZ PARIS. Subsequently, for a further order, the customer shall identify him/herself with the aid of his/her e-mail address (identifier) and his/her password, the confidentiality of which he/she shall have the responsibility, by clicking on the icon “Identification” shown on the Site.
The information provided by the customer within the framework of the opening of his/her account or at the time of each of his/her orders must be complete, accurate and up to date. Failing this, RITZ PARIS shall not be able to execute the orders. If the customer does not wish to provide such information, RITZ PARIS shall not be able to accept his/her order.
The gathering and processing of the personal data of the customer have been the subject of a declaration to the French National Commission for IT and Rights (“Commission Nationale de l’Informatique et des Libertés”) (“CNIL”) in accordance with the provisions of French Law no 78-17 of 6 January 1978 concerning IT, files and rights. The customer is informed that the data concerning him/her can be provided in all or in part to the sole service providers of RITZ PARIS intervening within the framework of the execution of the orders (notably for their deliveries) and bound by confidentiality and security commitments.
The customer has a right of access, modification, rectification and suppression of the personal data concerning him/her gathered and processed by RITZ PARIS. He/she can exercise this right at any time and free of charge by sending a letter to RITZ PARIS, Service E-Commerce (E-Business Department), 15 Place Vendôme, 75001 Paris, or an e-mail to : [email protected].
4. MODALITIES OF THE ONLINE ORDER
For every product selected and added to the basket of the customer (hereinafter called the “Basket”), a summary page shall be displayed, including the photograph of the product, its description and reference, the quantity chosen, the unit price (excluding taxes and all taxes included), the shipping modalities and the total price of the order.
RITZ PARIS takes the greatest care and provides the greatest accuracy in the presentation and description of the products proposed on the Site (including photographs and graphics) within the technical limits and those of the IT equipment used and in compliance with the best standards of the market. It is, however, possible that non-material errors may be shown on the Site, which the customer acknowledges and accepts. The customer has the possibility of contacting the Customer Department of RITZ PARIS by phoning to the number given on each page of the Site for any additional information or questions that he/she may wish to ask before ordering products. Whatever the case, in the event of non-compliance of the product delivered with its description in the Site, RITZ PARIS undertakes to remedy this error, with the consumer being able either to exercise his/her right of retraction or apply the guarantee of compliance of RITZ PARIS under the conditions stipulated below.
The customer shall have the possibility of verifying the details of his/her order and its total price stated in his/her Basket and, if need be, of correcting eventual errors, before validating definitively his/her order and of formally expressing his/her acceptance by clicking on the icon “Validate your order”. As from this validation, the order is transmitted to RITZ PARIS for processing. It can no longer be modified and/or cancelled except under the conditions expressly stipulated in these General Terms and Conditions of Sale or under the conditions stipulated by the law in effect.
A summary of the order shall be immediately sent to the customer by e-mail, to the address provided by the customer. For this purpose, the customer formally accepts the use of e-mail for the summary by RITZ PARIS of the contents of his/her order. By storing this e-mail and/or printing it, the customer holds proof of the order that RITZ PARIS recommends to him/her to keep. It is also recommended to the customer to immediately notify RITZ PARIS of eventual errors and/or omissions contained in this summary.
This e-mail includes, in particular, all of the information provided by the customer as well as the total price of his/her order and the delivery times with a statement, if need be, of the eventual difficulties or reserves created by the order.
The data recorded by the Site as summarized in the said e-mail constitutes proof of all of the transactions concluded between RITZ PARIS and the customer.
RITZ PARIS reserves the right to refuse and/or to cancel any order from a customer in breach of these General Terms and Conditions of Sale.
RITZ PARIS shall also send by e-mail to the customer, directly or through its shipping service provider, a number for the monitoring of the order, allowing him/her verify the state of progress of his/her order and of the delivery.
5. PRICE
The price of the products presented on the Site in Euros means excluding taxes (HT) and all taxes included (TTC) depending on the explanations shown on the Site and, whatever the case, excluding delivery costs. For customers residing in the United States of America, the prices shown shall, however, be invoiced after deduction of the VAT.
The price of each of the products that the customer may wish to purchase, as well as the amount of the delivery costs, which vary according to the method of shipping and the delivery address chosen by the customer, shall be provided to him/her on the Site in the “Basket” before validation of his/her order as well as the summary e-mail of it, which shall be sent by RITZ PARIS. Furthermore, the customer shall receive at the time of the delivery, for each of the products delivered, written confirmation of the price paid, specifying the price of the products and the delivery costs.
6. AVAILABILITY
The offers of products and prices are valid for as long as they are visible on the Site, within the limit of available stocks.
Within this framework, indications about the availability of the products are provided to the customer at the time of the placing of his/her order. Errors or modifications can occur exceptionally, notably in the event of simultaneous orders for the same product by several customers. In the event of non-availability of the product after the placing of the order, RITZ PARIS shall inform the customer thereof by e-mail as soon as possible, by proposing to him/her either to order another product presented on the Site as a replacement, or to cancel the order. If the customer chooses to cancel his/her order, the price shall be reimbursed at the latest within 30 days from payment if the bank account of the customer has been debited.
RITZ PARIS reserves the right to change the products and the prices of the products proposed on the Site at any time and without notice, it being specified that those proposed for sale and their corresponding prices shall be those in effect at the time of the order as selected by the customer by validating the latter.
7. PAYMENT CONDITIONS
Every order placed on the Site must be immediately paid for by the customer by bank card, after validation of the order, by clicking on the tab “Validate your order”.
The products ordered remain the property of RITZ PARIS until the full collection of the price by RITZ PARIS.
The customer guarantees to RITZ PARIS that he/she is the holder of the bank card and that the name shown on the latter is indeed his/hers. He/she must provide the sixteen-digit number and the expiry date shown on the front of his/her bank card as well as, if need be, the card security code shown on the back of his/her bank card in a secure environment on the internet integrated into the Site by the financial partner of RITZ PARIS. It is specified that RITZ PARIS does not gather or keep the coordinates of the customer’s bank card.
The bank card debit shall take place at the time of the confirmation of the payment transaction made by the customer in the secure payment environment. The customer thus authorizes its bank in advance to debit his/her account in the light of the recordings or statements transmitted via the said secure payment environment, even in the absence of invoices signed by hand by the holder of the bank card.
In the event where, for any reason whatsoever (opposition, refusal of the issuing center, etc), the debiting of the amounts due by the customer should be impossible, the process of purchasing on the Site shall be cancelled. In such an event, RITZ PARIS shall inform the customer thereof on the Site and/or by e-mail.
8. DELIVERY
The products purchased on the Site can only be delivered to the address specified by the customer on the order form in France, Corsica included, Belgium, Luxembourg, Netherlands, Italie, Denmark, Spain, Portugal, Austria, Monaco, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Finland, Sweden, Greece, Estonia, Lettonia, Lithuania, Bulgaria, Romania, Andorra, Liechtenstein, San Marin, and United States of America.. Any delivery address located outside of these territories shall be refused during the online order process.
The customer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as, in particular, the street, building and staircase numbers, access codes, names and/or intercom numbers, etc.). Inaccurate information risks, in fact, entailing additional delivery times, or even re-shipping.
The delivery of the products purchased online to the address of the customer shall take place within the time necessary for the preparation of the order and the delivery delay below, running from the day of receipt of the full payment of the price in principal and related costs made by bank card :
Time for preparation of the order : 24h (working day)
France (Corsica excluded) – 24/48 H (working day) Chronopost
Price
Order < €80€, delivery €13.00
Order from €80 to €150, delivery €17.00
Order from €150€ to €500, delivery €19.00
Order > €500, delivery €21.00
Corsica - 24/48 H (working day) Chronopost
Price
Order < €80, delivery €35.00
Order from €80 to €150, delivery €38.00
Order from €150€ to €500, delivery €40.00
Order > €500, delivery €42.00
Belgium, Luxembourg, Netherlands
2 to 3 working days - UPS Standard
Price
Order < €80, delivery €13.00
Order from €80 to €150, delivery €18.00
Order from €150€ to €500, delivery €20.00
Order > €500, delivery €22.00
Italy, Denmark, Spain, Portugal, Austria, Monaco
3 to 4 working days - UPS Standard
Price
Order < €80, delivery €16.00
Order from €80 to €150, delivery €20.00
Order from €150€ to €500, delivery €25.00
Order > €500, delivery €30.00
Hungary, Poland, Czech Republic, Slovakia, Slovenia, Finland, Sweden
4 to 6 working days - UPS Standard
Price
Order < €80, delivery €28.00
Order from €80 to €150, delivery €36.00
Order from €150€ to €500, delivery €47.00
Order > €500, delivery €58.00
Greece, Estonia, Leetonia, Lithuania, Bulgaria, Romania, Andorra, Liechtenstein, San Marino
6 to 7 working days - UPS Standard
Price
Order < €80, delivery €36.00
Order from €80 to €150, delivery €44.00
Order from €150€ to €500, delivery €52.00
Order > €500, delivery €60.00
United States (New York/ New Jersey)
3 to 4 working days - UPS Express
Price
Order < €80, delivery €36.00
Order from €80 to €150, delivery €43.00
Order from €150€ to €500, delivery €47.00
Order > €500, delivery €52.00
United States (other states)
7 to 8 working days - UPS Express
Price
Order < €80, delivery €40.00
Order from €80 to €150, delivery €49.00
Order from €150€ to €500, delivery €54.00
Order > €500, delivery €60.00
If the order is not delivered by the deadline for delivery indicated, the customer can claim the rescission of the sale and the reimbursement of all of the amounts paid.
It is recommended to the customer to verify the compliance of the products at the time of the delivery and, in particular, either to state on the delivery form the eventual anomalies noted in the form of handwritten reserves accompanied by his/her signature or to contact RITZ PARIS by e-mail or by telephone or to send a letter to RITZ PARIS explaining the defect or the non-compliance noted.
9. RIGHT OF RETRACTATION
The customer benefits from a retraction period of fourteen (14) clear days from the date of receipt of the products ordered on the Site. He/she must return the products at his/her expense, in their original and complete state, eventually accompanied by the return form filled out and a copy of the commercial invoice, to the following address :
Crosslog - Service des Retours RITZ PARIS
104 Rue Denis Papin
Parc d’Activités d’Arvigny
7750 MOISSY CRAMAYEL
It is recommended to the customer to ensure proof of this return, with the expenses and risks of the return being incumbent on him/her.
The products returned incomplete, modified, harmed, damaged and/or soiled because of the customer shall not be reimbursed.
Subject to compliance with the time and reserves stipulated above, RITZ PARIS shall reimburse all of the amounts paid by the customer, including the initial delivery costs invoiced by RITZ PARIS to the customer, to the bank account of the customer corresponding to the bank card that was used on the day of the order, within thirty (30) days following the date on which the right of retraction was exercised. For this purpose, the customer must provide RITZ HOTEL with the sixteen-digit number and the expiry date shown on the front of his/her bank card as well as, if need be, the card security code shown on the back of his/her bank card. It is specified that, once the reimbursement has been made by RITZ PARIS, the coordinates of the bank card of the customer shall not be kept.
In the event where the conditions for the exercising of the right of retraction stipulated above have not been fulfilled, even though the product has been shipped back by the customer to RITZ PARIS, the customer can again receive the products at its expense that it may have returned in the state in which they were returned to RITZ PARIS.
10. COMPLIANCE
In the event of non-compliance of the product delivered to the customer, the customer can claim from RITZ PARIS the repairing or the replacement of the product.
Whatever the case, the products must be returned eventually accompanied by the return form filled out and a copy of their purchase invoice, in the original and complete state, to the following address:
Crosslog - Service des Retours RITZ PARIS
104 Rue Denis Papin
Parc d’Activités d’Arvigny
7750 MOISSY CRAMAYEL
The customer is advised to ensure proof of this return. Products returned incomplete, modified, harmed, damaged and/or soiled because of the customer shall not be reimbursed.
Subject to compliance with the reserves stipulated above, RITZ PARIS shall reimburse the costs of the delivery and of the return, to the bank account of the customer corresponding to the bank card that was used on the day of the order within thirty (30) days following the receipt by RITZ PARIS of the products returned. For this purpose, the customer must provide RITZ HOTEL with the sixteen-digit number and the expiry date shown on the front of his/her bank card as well as, if need be, the card security code shown on the back of his/her bank card. It is specified that, once the reimbursement has been made by RITZ PARIS, the coordinates of the bank card of the customer shall not be kept.
Whatever the case, these provisions do not deprive the customer of the benefit of the statutory warranties reproduced below.
STATUTORY WARRANTIES
The products sold on the Site are subject to the conditions of the statutory warranties stipulated by Articles L.211-4, L.211-5, L.211-12 and L.211-13 of the Consumer Code and by Articles 1641 and 1648, paragraph 1, of the Civil Code.
Article L211-4 of the Consumer Code: The vendor is obliged to deliver a product in compliance with the contract and is responsible for defects of compliance existing at the time of the delivery.
It is also responsible for the defects of compliance resulting from the packaging and assembly or installation instructions when this has been made incumbent on it by the contract or has been carried out under its responsibility.
Article L211-5 of the Consumer Code
To be in compliance with the contract, the product must :
1° Be fit for the use normally expected of a similar product and, if need be, :- correspond to the description given by the vendor and have the qualities that the latter has presented to the purchaser in the form of a sample or a model
- present the qualities that a purchaser can legitimately expect in the light of the public declarations made by the vendor, by the producer or by its representative, notably in the advertising or labeling
2° Or present the characteristics stipulated by joint agreement by the parties or be fit for any specific use sought by the purchaser, brought to the knowledge of the vendor that the latter has accepted.
Article L211-12 of the Consumer Code: The legal action resulting from the defect of compliance is statute-barred two years after the delivery of the products.
Article L211-13 of the Consumer Code: The provisions of this section do not deprive the purchaser of the right to bring a legal action resulting from redhibitory defects as stipulated in Articles 1641 to 1649 of the Civil Code or any other legal action of a contractual or extra-contractual kind that is recognized to him/her by the law.
Article 1641 of the Civil Code : The vendor is bound by the warranty for hidden defects of the object sold which make it unfit for the use for which it is intended or which reduce this use to such an extent that the purchaser would not have purchased it or would only would only have paid a lower price if he/she had known them.
Article 1648, paragraph 1, of the Civil Code : The legal action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect.
11. FORCE MAJEURE
The performance by RITZ PARIS of all or some of its obligations shall be suspended in the event of the occurrence of an event of force majeure that may prevent the performance. External, unforeseeable and irresistible events are deemed to be such events.
RITZ PARIS shall inform the customer of such an event of force majeure within seven (7) days of its occurrence. In the event where this suspension should continue for more than fifteen (15) days, the customer would then have the possibility of cancelling the current order and it would then be reimbursed under the conditions
12. NON RENONCIATION
The fact that RITZ PARIS refrains from requiring at a given time the application of any one whatsoever of the provisions of these General Terms and Conditions of Sale cannot be interpreted as amounting to waiver of the right to subsequently invoke the said total or partial breach.
13. VALIDITE DES CONDITIONS GENERALES DE VENTE
If anyone whatsoever of the provisions of these General Terms and Conditions of Sale is declared null and void or wholly or partially inapplicable, the other provisions and the other rights and obligations stipulated by these General Terms and Conditions of Sale shall remain unchanged and shall remain applicable if their application is not made impossible.
