Terms and conditions
The e-boutique Christophe Robin is an e-commerce website that is accessible through the internet network at the following address www.e-boutique.christophe-robin.com (hereinafter the "Website"). It is accessible to all users of this network (hereafter referred to as "Website Users"). The Website is published by the company COLORIST Christophe Robin SARL with capital of €100,000 having its registered office at 22, Rue Saint Augustin, 75002 Paris, listed in the Paris Trade and Companies Register at No. B 402 234 504.
- Product - prices
- Registering and confirming an order
- Right of cancellation
- Data processing and individual liberties
- Proof, conservation and archiving of transactions
- Force majeure
- Partial invalidity
- Completeness of the agreement
- Applicable law - jurisdiction clause
COLORIST Christophe Robin offers cosmetics for sale on the Website (hereinafter the “Products”) to website users (hereinafter the “Customers”). For the purpose of this agreement, the Customer and COLORIST Christophe Robin shall be referred to collectively as the “Parties” and individually as a “Party".
Customer means a natural person of majority age or at least having the legal capacity to enter into an agreement and who, for non-professional purposes, places an order on the Website.
In this regard, the Customer’s attention is notably drawn to the fact that the amount of an order shall not exceed five hundred Euro (€500). Should an order be made for a total exceeding the above-mentioned amount it will be considered null and void.
All orders for a Product available on the Website imply the specific consultation and acceptance of these terms and conditions of sale in force at the time of the formation of the agreement.
These terms and conditions of sale define the rights and obligations of the Parties resulting from the on-line sale of Products proposed on the Website throughout the world, exclusively resulting from relations established through the internet network and only on the Website. These conditions apply to the exclusion of all other documents.
They organise all stages necessary for placing orders and assuring follow-up of said orders between the Parties to the agreement.
PRODUCTS - PRICES
The Products offered for sale by COLORIST Christophe Robin are those displayed on the Website, on the day that the Customer consults the Website within the limit of available stocks and subject to the conditions stated in the preceding Introduction. The photographs that illustrate the Products are non-contractual. COLORIST Christophe Robin shall not incur any liability should the photographs prove erroneous in nature.
The Customer is, in addition, obliged to consult the descriptive sheet for each Product to learn of its characteristics.
The prices of the Products are given in Euro inclusive of all taxes. They include the V.A.T. that is applicable in French territory on the day of the order. The prices indicated do not include packaging and postage which will be charged as an extra and notified to the Customer on confirmation of the order.
Product prices can be impacted by any change in the applicable rate. The prices charged are those shown on the Website at the time of order. After that date, they may be amended at any time.
COLORIST Christophe Robin shall not be bound by the display of an erroneous price, obviously too low, irrespective of the reason (computer bug, manual or technical error). In this case, COLORIST Christophe Robin shall inform the Customer as promptly as possible and the order will be cancelled.
The sales offers on the Website, governed by these terms and conditions of sale, are valid for any Product as long as the latter remains on line.
These terms and conditions of sale are deemed accepted by the Customer from the time the Customer ticks the acceptance box on the order confirmation page and apply for the time necessary for supply of the Products.
REGISTERING AND CONFIRMING AN ORDER
Use of the website
Customers may view the different Products on sale by COLORIST Christophe Robin through the Website. Customers may freely browse the different pages of the Website without any commitment to place an order.
Registering an order
If Customers wish to place an order, they can choose the Products they are interested in and manifest that interest by clicking on the "Add to cart" button.
At any time, Customers may:
- see a summary of the Products that they have selected or modify their order by clicking on "My cart" in the upper right corner of each page,
- continue their selection of Products by clicking on "continue shopping",
- finish selecting Products and pass their order by clicking on "Next".
To order the Products chosen in this way Customers can click on the "Check Out" tab. A summary of the order will then be displayed on screen with the statement “order with obligation of payment”. If the displayed list corresponds with their choice of Products, Customers may confirm this summary by clicking on "Confirm my order".
Identification of the customer
The order cannot be confirmed on the Website unless the Customer holds a personal account.
For their first purchase on the website, Customers must provide the necessary personal details by correctly filling out the form that will appear, on which they must provide the necessary information for their identification, notably first name, last name, postal address and telephone number. For any future purchases they will only need to provide their email address and password.
Customers understand and accept that in providing this identification information they provide proof of their identity and manifest their consent. Once the Customer is identified, an order form will be displayed on screen, summarising: the nature, quantity and price of Products selected by the Customer, as well as the total order amount, the Customer’s contact details and the delivery address(es) for the Products.
Customers are responsible for the choice and safekeeping of their ID and must ensure it remains confidential. COLORIST Christophe Robin can under no circumstances be held liable for any identity theft and connections to Customer accounts by third parties. The provision of personal data for the purpose of distance selling is obligatory as this information is essential for the treatment and delivery of orders as well as for invoicing. This information remains strictly confidential.
Definitive order confirmation
Once Customers have viewed the status of the order and provided the information required, they can click on the "order confirmation" box to make their payment.
At this stage, the Customer will access a page specifying the invoicing and delivery address which may be amended if necessary. Customers will have the option of adding a message of their choice to the delivery.
On the next page, Customers may select the delivery methods by clicking on “Confirm” and Customers will then access a page which allows selecting payment method, provided that Customers must have the means of payment as defined hereafter in point 5 – Payments. Customers will then click on the button corresponding to the payment method selected.
Once payment has been confirmed, the order form is registered in the computer records of COLORIST Christophe Robin, which are themselves stored on reliable, durable support and will be considered as proof of the contractual relations between the Parties.
The payment due by the Customer is the amount indicated on the summary order form which the Customer read prior to final confirmation of order. The price is then recalled following payment in the summary document sent by email to the Customer’s email address by COLORIST Christophe Robin.
It is important to note that all payments are to be made immediately via Internet. Provided that the server is available, during the order confirmation process as described above, Customers may choose from among the following payment methods:
- On line at the time of order by Bank Card (Bleue, Visa, Mastercard, Eurocard; American Express card is not accepted);
- By sending a Bank Cheque. Only cheques issued via banking or financial institutions that are located in France are accepted. The cheque, and a copy of the order, must be received within 8 days. Orders will be processed within 8 days of clearance of the cheque, provided the funds are made available. The order may be cancelled before sending the cheque by sending an email to firstname.lastname@example.org (or by telephoning +33 (0)1 40 20 92 12);
- On line at the time of order by PayPal: if the Customer has a PayPal account this may be used to pay for orders on the Website.
Regarding payment by bankcard, the payment methods are as follows:
Notwithstanding application of Article R.642-3 of the French Criminal Code, Customers will pay for the order by bankcard (card with the CB symbol, cards with the trademark VISA or EUROCARD or MASTERCARD) pursuant to the provisions of this article.
To pay for orders by bankcard, Customers will automatically be switched to the payment server of the Bank CIC. Customers must enter their bankcard number on the Website, the expiry date and the security number (3 digit number on the back of the bankcard). This data will be coded on servers hosting the Website using the Secure Socket Layer (SSL) security standard in order to provide for the most efficient protection of all payment data, and at no time will Customers’ banking details be transferred on the computer system of COLORIST Christophe Robin.
The card will be debited at the time of order. In any event, the amount debited corresponds to the Products actually delivered.
In all cases, the supply on-line of the number of the bank card or any other payment method and final confirmation of the order is proof of completion of said order, pursuant to the provisions of Law No. 2000-230 of 13 March 2000 amending the law on proof for information technology and reproduced electronic signatures in Articles 1316 et seq of the French Civil Code. Moreover, the sums committed by entering the items on the order form shall therefore become payable.
This confirmation is deemed as a signature and express acceptance of all transactions performed on the Website.
COLORIST Christophe Robin reserves the right to reject any order or any delivery if the ceilings indicated in the introduction are exceeded, in the case of an existing dispute with the Customer, payment default or partial payment of a previous order by the Customer, refusal of payment authorisation by bankcard by the banking organisations, payment default or partial payment.
On completion of payment, Customers are directed to a page confirming the on-line purchase and issuing a transaction number.
An order summary document is sent to the Customer by email to the email address indicated by the latter, at the latest prior to delivery. This document is deemed as an acknowledgement of receipt incorporating all elements constituting the agreement between the Parties.
To follow the progress of their orders, Customers may connect to their personal accounts by clicking on the heading “my account” / “history and detail of my orders”.
The order will be sent within thirty (30) days of the date of confirmation of the order by the Customer. This period covers the time for preparing the order and for its shipping. COLORIST Christophe Robin will do its very best to insure that the order is sent within an average of 3 to 4 business days, at the latest 6 working days after the date of order payment.
Non-availability of the product
The Products are offered for sale within the limit of available stocks. If Products are not available, COLORIST Christophe Robin will reimburse the value of these items by cheque. In all of the above mentioned cases, Customers will retain the option to cancel their order by requesting a reimbursement of the sum paid or the exchange of non-available Products within fourteen (14) days maximum of the payment date by sending an email to email@example.com.
Customers may opt to have the Product delivered at their home or a designated place, or to collect it from a La Poste collection point or from a shop included in the La Poste group PICKUP network.
a) Home delivery
The Products ordered by the Customer will be delivered to the address stated on the order form or deposited at the Post Office nearest to the delivery address given by the Customer if the latter is not present at that address at the time of delivery. In this case, the postman will leave a notice of attempted delivery in the receiver's letterbox allowing them to recover their package within fifteen (15) days, during Post Office business hours. Products purchased by bankcard will be sent:
- for France, by normal postal services and notably, the "Colissimo suivi" service, under which the Post Office undertakes to deliver within 48 hours. Delivery is free for any order exceeding €50 inclusive of Tax. For any order below this amount, delivery will be invoiced according to the weight of the order and may range for Products between 1 and 10 kg between €3.88 and €7.53.
For the European Union, the normal postal services for “International Registered” post, under the terms of which the Post Offices undertakes to deliver within 8 days. Outside of France and Europe, by FEDEX courier services. Product orders paid for by cheque will be delivered after reception and clearing of the cheque within the same delivery period as above. For deliveries abroad via Colissimo, for packages of 1 to 10 kg, the price varies from €11.17 to €112.20 according to the weight of the package and the destination. Via Fedex, the price varies from €22.43 to €160.03 according to the weight and destination.
b) Delivery to a collection point
Customers may also opt for delivery to one of the collection points below, of which a list is available on the Website. On delivery of the order to the Collection Point, Customers will immediately be informed by email that they have 15 business days to collect the Product. The order will be handed over on presentation of an ID and the email confirming the order. If the Product is not collected by this deadline, COLORIST Christophe Robin will cancel the order and refund the amount paid.
Collection of the order from a Collection Point is free for all orders exceeding €50. For any order below this amount, collection is invoiced as follows:
- Deliveries to a La Poste Collection Point are invoiced at €6.16 inclusive of Tax,
- Deliveries to a "cityssimo" automated Collection Point are invoiced at €6.61 inclusive of Tax,
- Deliveries to shops in the PICKUP network of the La Poste group are invoiced €5.05 inclusive of Tax.
COLORIST Christophe Robin shall not incur any liability for late deliver when using the Postal services or FEDEX, or if the ordered Products are lost or in case of strike within the Postal services or at FEDEX. All transport risks are borne by Customers. In case of late delivery, Customers must promptly notify the delay by email firstname.lastname@example.org or by telephoning +33 (0)1 40 20 92 12, Monday to Friday from 9.00 am to 5.30pm (at current telecom rates). COLORIST Christophe Robin will then contact the relevant Postal services to request that an investigation be conducted.
Postal investigations may take a certain amount of time. It is also important to note that the ownership of ordered Products will not be transferred to Customers before full payment is received for the order, including shipping costs.
Receipt of orders
On receiving the ordered Products, Customers must check conformity of the Products. Any anomaly concerning delivery (Missing or damaged Products, damaged package, etc). must be notified by Customers on the delivery note that will be presented to them by the Post Office or FEDEX at the time of delivery and also immediately notified to the customer service department of COLORIST Christophe Robin on the day of receipt or at the latest the next business day by email to email@example.com or by telephoning +33 (0)1 40 20 92 12 between 9.00am and 5.30pm, Monday to Friday (at current telecom rates). Any claims made after this period will be rejected and COLORIST Christophe Robin will incur no liability.
Any non-conform Product, for exchange or reimbursement, must be returned to COLORIST Christophe Robin in its original inner and outer packaging with the associated invoice to the following address: COLORIST Christophe Robin - 22, Rue Saint Augustin - 75002 PARIS, France. It is important to note that shipping costs will be covered by COLORIST Christophe Robin. COLORIST Christophe Robin will then exchange or reimburse the missing or faulty Products.
RIGHT OF CANCELLATION
Customers may exercise their right of cancellation for a period of fourteen (14) business days if the ordered Product(s) do not give complete satisfaction. This period starts on the date of delivery of the order.
Customers must return Product(s) ordered at their own expense within fourteen (14) business days from exercise of the right of cancellation. The Product(s) must be returned in their original inner and outer packaging with the associated invoice and the cancellation form duly completed to the following address: COLORIST Christophe Robin - 22, Rue Saint Augustin - 75002 PARIS, France. Customers may also complete the on-line cancellation form accessible from their account. COLORIST Christophe Robin will issue an acknowledgement of receipt of the cancellation to the email address stated when creating the Customer account.
If the above-mentioned conditions are complied with, COLORIST Christophe Robin will reimburse Customers within fourteen (14) days for the total sum corresponding to the Products purchased and the standard shipping and delivery costs.
COLORIST Christophe Robin will not reimburse additional costs if the Customer has expressly selected a more expensive method of delivery than the standard delivery indicated by COLORIST Christophe Robin.
Pursuant to the provisions of Article L.121-21-8 of the French Consumer Code, opening of cosmetics renders these Products unfit for any further sale, henceforth Customers have no right of cancellation, and any cosmetic which has been opened, spoiled, or of which the original packaging has been unsealed, will not be refunded, recovered or exchanged for reasons of hygiene and protection of health.
In consequence, Customers are informed that no legal right of cancellation is valid for said Products.
COLORIST Christophe Robin retains full and total ownership of Products until full receipt of the entire price, including principal, costs, taxes and mandatory contributions.
All Products sold on the Website are subject to the legal guarantee of conformity (as defined in Articles L.211-4 et seq of the French Consumer Code) and the guarantee against hidden defects (as defined in Articles 1641 et seq of the French Civil Code), entitling Customers to return, without cost, Products which are delivered in a defective or non-conform state.
a) Legal guarantee of conformity
Article L.211-4 of the French Consumer Code:
“The vendor shall deliver a product conform to the agreement and shall be liable for any defects in conformity existing at the time of delivery.
The vendor is also responsible for any conformity defects caused by the packaging, assembly instructions or installation if these are incumbent on it pursuant to the agreement or were performed under its responsibility.”
Article L.211-5 of the French Consumer Code:
“To be conform to the contract, the goods must:
1) Be fit for the normal expected use for similar goods and, if applicable:
- satisfy the description given by the vendor and possess the qualities the latter described to the Purchaser in the form of a sample or model;
- present the qualities that a purchaser may rightfully anticipate given the public declarations made by the vendor, the producer or their representative, notably in advertising or on the labelling;
2) Or present the characteristics defined by common agreement of the parties or be fit for any special use required by the Customer and notified to the vendor which has been accepted by the latter.”
Article L.211-12 of the French Consumer Code:
“Legal actions deriving from a defect in conformity are statute barred two years from delivery of the goods.”
b) Guarantee against hidden defects
Article 1641 of the French Civil Code:
“The vendor shall guarantee against hidden defects of the goods sold which render them unfit for their intended use or which so reduce said use that the Customer would not have purchased them or would have purchased them at a lesser price had said defects been known”.
Consequence of enforcement of guarantees
Under the legal conformity guarantee, COLORIST Christophe Robin undertakes, at Customers’ discretion:
- Either to replace the Product by an identical Product depending on the available stocks;
- Or to refund the price of the Product if replacement of the Product is impossible;
Under the legal guarantee against hidden defects, COLORIST Christophe Robin, at the Customer’s discretion and after assessing the defect, undertakes:
- Either to refund the full price of the returned Product;
- Or to refund a part of the Product price if the Customer decides to retain the Product.
DATA PROCESSING AND INDIVIDUAL LIBERTIES
For the purpose of distance selling, COLORIST Christophe Robin has to process information concerning the Customer. This processing is carried out in accordance with the terms and conditions set out in the Personal Data Protection Policy, which each new Customer is requested to read and accept when creating their account. In addition, specific information appears on each collection form in order to provide the Customer with complete information before any processing of their data. The Customer is also requested to read the section concerning cookies on the Website”.
Personal data: The provision of personal data during distance sales is obligatory as this information is essential for the processing and delivery of orders as well as for the creation of invoices. This information remains strictly confidential. The absence of any of this information will lead to the automatic rejection of the order. Pursuant to Law No. 78-17 dated 6 January 1978 on Data Processing, Data Files and Individual Liberties, the processing of any personal data gathered via the Website is subject to a declaration to the CNIL (Commission Nationale de l'Informatique et des Libertés). Customers retain a right of access, modification, rectification and removal of any personal data. To exercise this right, Customers must send a letter by post to COLORIST Christophe Robin - 22 Rue Saint Augustin - 75002 PARIS, France.
PROOF, CONSERVATION AND ARCHIVING OF TRANSACTIONS
COLORIST Christophe Robin recommends that Customers should keep a hard or durable soft copy of all data relating to their order.
The computer records retained in the computer systems of COLORIST Christophe Robin under reasonable security conditions, shall be deemed as proof of communications, orders and payments between the Parties.
Archiving of invoices is performed on reliable, durable support medium to represent a faithful and durable copy.
In addition, and in accordance with article L.213-1 of the French Consumer Code, Christophe Robin undertakes to keep and archive on all media, for 10 years, contracts concluded between the Customer and Christophe Robin with a value greater than or equal to 120€ and to guarantee access by the Customer at any time.
This right of access may be exercised by contacting the following address:
Colorist Christophe Robin – 73 rue Sainte-Anne, Paris 75002
COLORIST Christophe Robin shall not be liable for total or partial non-fulfilment of its obligations under this agreement, if said non-performance results either from an act of the Customer or from an unforeseeable and unavoidable act of a third party to the agreement or a case of force majeure as defined by the case law of French Courts, including notably, total or partial strikes, particularly of the postal services and means of transport and/or communication.
COLORIST Christophe Robin shall notify Customers of the occurrence of an event constituting force majeure within 5 business days of its occurrence.
The Parties undertake to reach an agreement as soon as possible in order to determine how the order will be handled during the "Force Majeure".
After a period of 30 days of interruption for force majeure, the Parties shall be released from their reciprocal obligations. If applicable, COLORIST Christophe Robin shall refund payments to the Customer as promptly as possible.
If one or a number of the provisions of these terms and conditions of sale are held to be invalid or declared as such by the application of a law, a regulation or as the result of a final judgement by a competent authority, the other provisions shall, however, remain valid and enforceable.
COMPLETENESS OF THE AGREEMENT
These terms and conditions of sale and the summary of the order as sent to the Customer form a contractual whole and constitute the full and complete contractual relations between the Parties. If there is any discrepancy between the documents, these terms and conditions of sale take precedence.
APPLICABLE LAW - JURISDICTION CLAUSE
These terms and conditions of sale and any contractual relations between COLORIST Christophe Robin and Customers are subject to French Law.
Mediation of consumer disputes: If the Customer has submitted a complaint to Customer Service and this has not given satisfaction, the Customer may, in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, refer the matter to
- Medicys, whose contact details are as follows: Medicys-Centre de Médiation et Règlement Amiable des Huissiers de Justice-73 boulevard de Clichy-75009 PARIS – FRANCE. firstname.lastname@example.org
Following a prior written application by consumers to COLORIST Christophe Robin, the Ombudsman's Department (Service du Médiateur) may be referred to in respect of any consumer dispute that has not been settled successfully.
Online Dispute Resolution Platform: The European Commission has set up an Online Dispute Resolution Platform to facilitate the out-of-court settlement of online disputes between consumers and professionals in the European Union.
This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/Les These general terms and conditions of sale and the contractual relations between COLORIST Christophe Robin and the Customer are governed by French law.
In the event of litigation, jurisdiction is attributed to the courts of Paris, the place of permanent establishment of COLORIST Christophe Robin, unless there is a more protective provision for the Customer in his/her capacity as a consumer.