GENERAL CONDITIONS OF SALE / USE
TERRAKÉ Store (referred to as the "Website ") is an e-commerce site accessible via the Internet at https://terrake.fr. It is open to any user of this network (hereinafter referred to as "Internet user "). It is published by TERRAKÉ FRANCE, Société À Responsabilité Limitée, whose registered office is at 116bis Avenue des Champs-Élysées 75008 Paris, registered in Registre du Commerce et des Sociétés de PARIS under number 807 518 576 00028. The Site enables TERRAKÉ FRANCE to offer cosmetic products for sale (hereinafter referred to as the "Products ") to Internet users browsing the Site (hereinafter referred to as "Users ").
The Site allows the ordering of TERRAKÉ brand products immediately online via the Internet for delivery.
For the purposes hereof, it is agreed that the User and TERRAKÉ will be collectively referred to as the "Parties " and individually referred to as the "Party ", and that the User who has validated an order will be referred to as the "Buyer ". The rights and obligations of the User necessarily apply to the Buyer.
The User who would like to buy on the Site, declares to have full legal capacity. Any order of a Product proposed on the Site supposes the consultation and the express acceptance of the present general conditions of sale, without however that this acceptance is conditioned by a handwritten signature of the User. In accordance with the provisions of articles 1316 to 1316-4 of the Civil Code, completed by the Decree n° 2001-272 of March 30, 2001, taken for the application of the article 1316-4 of the Civil Code and relating to the electronic signature, it is recalled that the validation of the order form such as specified in the article 3.3. hereafter, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.
The purpose of the present general terms of sale is to define, exclusively on account of the relations that they establish on the Internet network and only on the Site, the rights and obligations of the Parties arising from the online sale of Products offered on the Site from France. They determine all the steps necessary for the completion of an order and ensure the monitoring of this order between the parties.
TERRAKÉ may at any time update these general conditions of sale.
The Products offered for sale by TERRAKÉ are those listed on the Site, on the day of consultation of the Site by the User. The photographs illustrating the Products are not part of the contract. If they are incorrect, TERRAKÉ cannot be held responsible.
The Products are offered within the limits of available stocks. In case of unavailability of any of the Products, the Purchaser will be informed as soon as possible. In the event that the unavailability of a product is noted after the validation of the order, please contact us.
TERRAKÉ does not incur any liability in case of stock shortage or unavailability of products.
Price - Payment
The prices of the Products are indicated in Euros. They take into account the V.A.T. applicable on the day of the order. The prices indicated do not take into account packaging and delivery costs which will be invoiced in addition and will be specified to the User at the time of final validation of the order.
TERRAKÉ reserves the right, which the User accepts, to change its prices at any time but the Products will be invoiced on the basis of the prices in force at the time the order is registered, subject to the availability of the Products.
It is specified that all payments will be made immediately on the Internet. Unless the server is unavailable, the User may validate his order by credit card (Blue, Visa, Mastercard). The user will enter his card number, the expiry date, the name of the card holder and the visual cryptogram. The payment by card is secured thanks to Paypal technology.
The Site allows TERRAKÉ Products to be ordered immediately online via the Internet for delivery.
Orders paid by credit card are prepared the same day (working days).
Orders are then sent by the usual postal services.
The Products ordered by the Purchaser will be delivered to the address indicated by the latter on the order form.
TERRAKÉ declines all responsibility in the event of excessive delivery time due to the postal services or carriers, as well as in the event of loss of the Products ordered or postal service strike. It is specified that the risks of transport are supported by the Purchaser. In the event of late delivery, the Buyer must report this delay as soon as possible to TERRAKÉ's customer service, by e-mail to email@example.com, or by mail to TERRAKÉ, 116bis Avenue des Champs-Élysées 75008 Paris. TERRAKÉ will then contact the relevant departments so that an investigation can be carried out. An investigation may take a long time. Furthermore, it is specified that ownership of the Products ordered will only be transferred to the Buyer upon full payment of the invoiced price, including delivery charges.
Upon receipt of the ordered Products, the Buyer shall verify the conformity of these Products. Any anomaly concerning the delivery (missing or broken Product, damaged package, ...) must be reported by the Purchaser on the receipt presented by the Post Office at the time of delivery of the package and must imperatively be notified to TERRAKÉ's customer service by e-mail or by mail. Any claim made after 7 days will be rejected and TERRAKÉ will be released from any responsibility.
TERRAKÉ will not be responsible in case of loss, shipment to a wrong address or delay in delivery of a product, as the risks of the transport that the Buyer chooses rests with him.
Right of withdrawal
The Buyer has a legal period of fourteen (14) days to return, at his own expense, the Product(s) he ordered, provided that the products have not been damaged or used, and that their packaging (packages and cellophane cases) are intact. This period runs from the day of delivery of the order. The Product(s) shall be returned in its (their) original packaging, condition and wrapping, the package not having been opened, and accompanied by the stub appearing at the bottom of the invoice or the delivery slip, to the following address TERRAKÉ - 116bis Avenue des Champs-Élysées 75008 Paris FRANCE.
If the above conditions are met, TERRAKÉ will reimburse the Buyer, within thirty (30) days, the sums corresponding to the products purchased by him/her.
TERRAKÉ does not accept packages with postage due.
Any risk related to the return of the product(s) is the responsibility of the User.
It is however specified that the shipping costs are borne by TERRAKÉ in the case where the decision to return is the result of an error by TERRAKÉ (Product(s) not conform).
The personal information collected in the context of distance selling is mandatory, this information is necessary for the processing and delivery of orders and for the establishment of invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order. In accordance with the French law "Informatique et Libertés, aux fichiers et aux libertés ", the processing of personal information collected on the Site has been declared to the "Commission Nationale de l 'Informatique et des Libertés". The User has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, the User should send a simple letter to the consumer service TERRAKÉ - 116bis Avenue des Champs-Élysées 75008 Paris or by contacting us.
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Neither Party shall be liable for the total or partial non-performance of its obligations under this Agreement, if such non-performance is caused by an event constituting force majeure. Events meeting the criteria set by the case law of the 2nd civil chamber of the French Supreme Court shall be considered as force majeure. The Party invoking an event constituting force majeure shall notify the other Party within five working days of the occurrence or threat of such event. The Parties agree that they shall consult each other as soon as possible in order to determine together the terms and conditions for the execution of the order during the period of the force majeure event.
After a period of one (1) month of interruption due to force majeure, TERRAKÉ may not honor the order, at its expense to reimburse the Buyer if necessary.
If one or more provisions 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 provisions will retain all their force and scope.
Entirety of the contract
The present general conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In case of contradiction between these documents, the general terms and conditions of sale shall prevail.
Applicable law - Jurisdiction
Sales of TERRAKÉ products are subject to French law regardless of the country of residence of the Buyer and the place of placing the Order.
ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR BREACH OF CONTRACT BETWEEN TERRAKE AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL, IN THE ABSENCE OF AMICABLE AGREEMENT, BE THE EXCLUSIVE JURISDICTION OF THE COMPETENT FRENCH COURTS IN ACCORDANCE WITH THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.