ARTICLE 1 – FIELD OF APPLICATION
The purpose of these General Terms and Conditions of Sale (hereafter the "GTC") is to define the conditions under which RIME ARODAKY SAS (hereafter "the Company or Maison Rime Arodaky") provides Customers (hereafter "the Customer(s) or the bride-to-be") who so request, online via the websites https://www.rime-arodaky.com and https://eu.rime-arodaky. com, or by conventional means (by direct contact, by telephone or by any other means of communication), couture services, alterations, fittings, advice, creation, manufacturing, and sale of Goods (hereafter "the Article(s) or the Piece(s) or the Dress" or, as the case may be, "the Service(s)"), as well as any additional related services.
The Company and the Customer are hereafter jointly referred to as "the Parties".
These GTC regulate all sales transactions concluded by Maison Rime Arodaky, whether for the sale of services or the sale of goods online, by telephone or at the Company's facilities.
In accordance with current regulations, these GTC are communicated to any Customer who requests them, to allow him to place an order with the Company. They are brought to the customer's attention when a reservation is made, and are also available on the Company's websites.
Therefore, the Customer or bride-to-be declares that he/she has read and understood these terms and conditions before validating the online order or signing the order form for a standard order (excluding online sales).
The Parties agree that validation of the online order or signature of the order form (excluding online sales) implies acceptance without restriction or reservation of these GCS and the creation of a contract.
These GTC are effective from the date of validation of the online order or signature of the order form (excluding online sales) and remain so until the expiry of the guarantees and obligations of the Parties.
In addition, the Company may make any changes to the present terms and conditions that it deems useful. Amendments to these terms and conditions will be effective as soon as they are published on the website.
In accordance with the current regulations, the Company reserves the right to derogate from certain clauses of these GTS, depending on the negotiations conducted with the Customer, by specifying derogatory terms on the contractual documents (quotations and invoices).
ARTICLE 2 - ORDERING GOODS AND CONCLUDING THE ONLINE SALE
2.1 ORDERING GOODS AND SERVICES
An order is defined as a commitment to purchase by a Customer online, by telephone or at the Company's facilities. The online validation of the order or the signature of an order form (excluding online sales) between the Company and the Customer shall constitute proof of the order.
Online validation of the order or signature of an order form (excluding online sales) implies firm and definitive acceptance of the present GTC.
The Customer is solely responsible for the choice of services and/or goods/parts for which he/she places an order, and their suitability for his/her needs, so that the Company cannot be held liable in this respect.
The Company may, at its discretion, propose temporary commercial offers which may be subject to special conditions which are brought to the Customer's attention prior to the order. These offers may be withdrawn or modified at any time by the Company, which cannot be held liable for the modification or withdrawal of an offer.
Only the elements (price, goods/parts and/or services ordered, lead times, delivery) indicated on the order form are contractual.
2.2 COMPLETION OF ONLINE SALES
Orders placed on the https://rime-arodaky.com website are subject to compliance with the procedure established by the Company, which is detailed as follows (steps):
1. Enter the website address;
2. Follow the website instructions;
3. Fill in the order form. In the event of prolonged inactivity during the connection, it is possible that the goods/parts selected by the Customer before this inactivity are no longer available. In this case, the customer is invited to start again from the beginning;
4. Check order details and, if necessary, identify and correct errors by clicking on the "Update" box;
5. After checking the total price and the all-inclusive price, confirm the order by clicking on the "order" box ("order validation");
6. Follow the instructions of the online payment server to pay the all-inclusive price.
The Customer will then receive electronically and without delay a confirmation of acceptance of payment for the order, as well as an acknowledgement of receipt summarizing and confirming the order (the "Order Confirmation").
To this end, the Customer formally accepts the use of emails for order confirmations by the Company. The Company cannot be held responsible for any harmful consequences resulting from the Customer's error in providing his/her email address.
A packing slip will be included in the parcel, again summarizing the order.
In accordance with article L. 121-11 of the French Consumer Code, the Company reserves the right to refuse an order for legitimate reasons, particularly if the order is abnormal, placed in bad faith, or if there is a dispute with the Customer concerning payment of a previous order.
2.3 PRESENTATION OF THE ORDER
Contractual information is presented in the French language and is subject to confirmation at the latest when the order is validated by the Customer.
Certain offers may be available for a short period of time, for which a specific announcement is made. In such cases, stocks are limited, and the out-of-stock status will be announced when the order is placed.
Products are offered within the limits of available stocks, as specified when the order is placed. As stocks are limited, the out-of-stock status will be indicated on the item. However, in the event of an error concerning the availability of an item, RIME ARODAKY is committed to reimbursing the Customer. Certain offers may be available for a short period of time, for which a specific announcement will be made. In such cases, stocks are limited, and the depletion of stock will be announced when the order is placed.
The Products offered are those which appear in the catalog published on the website and which have undergone quality control. RIME ARODAKY makes every effort to present all the characteristics of the Products by means of photographs and a description based on data supplied by the manufacturer. RIME ARODAKY undertakes to use its best efforts to describe the Products as accurately as possible, however RIME ARODAKY cannot be held liable for any errors or omissions in this presentation. The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website.
The Customer is responsible for reading them before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The Customer must refer to the description of each Product in order to know its properties and essential particularities.
The Customer acknowledges that the photographs on the website cannot perfectly reflect the appearance of the Product. The actual visual impression may differ slightly from that of the photograph, particularly with regard to colors; the Customer acknowledges that RIME ARODAKY cannot be held liable on this basis.
The sale will only be considered final after RIME ARODAKY has sent the Customer confirmation of acceptance of the order by e-mail - and after RIME ARODAKY has received payment in full.
Under no circumstances may an order be placed by professional sellers, alone or in groups, to meet the needs of their commercial activities, regardless of how their products are marketed. The Customer acknowledges and accepts that RIME ARODAKY reserves the right to refuse an order obviously validated by a professional seller, with regard to the number of products ordered in a single order and with regard to the number of individual orders made for the same product in comparison to the usual quantity of an average consumer.
ARTICLE 3 - PRICE OF GOODS/PARTS AND SERVICES
The goods/parts and services sold are provided at the Company's prices in force on the day of validation of the order accepted by the Customer or on the day of signature of the order form by the Customer.
The price of each good/part and service is indicated inclusive of all taxes.
The euro is the commercial currency for orders in Europe, while the dollar is used for the rest of the orders.
The prices applicable to the sale of goods/parts or services are subject to change at any time by the Company, without prior notice. Only the price indicated on the order form is contractual.
In the event of a particular or additional request from the Customer concerning the conditions of sale or the production, design, fitting or alteration of one or more Articles, duly accepted by the Company, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted by the Customer.
Unless otherwise specified, these prices do not include shipping costs, which will be indicated in addition to the price at the order placing stage and before that the Customer confirms the order.
Before the customer validates the order, the total amount of the order will be indicated (price + shipping costs). The Customer agrees to check that the products ordered can be imported into the territory of the country of delivery.
ARTICLE 4 - TERMS OF PAYMENT
4.1 SHOWROOM ORDER (excluding online sales)
Orders are to be paid for as follows:
First payment of a deposit of 50% of the total order price upon signature of the order form,
Second payment of the balance on the first fitting of the item(s) ordered.
Payment can be made by credit card, cheque, or bank transfer to the order of the Company.
No order will be considered without the payment of a deposit, nor will delivery of the good(s) or part(s) take place until payment of the balance has been received.
The purchase order is valid for 15 days from the date of issue. After this period, Maison Rime Arodaky reserves the right to apply a surcharge on the initial price.
A price increase will be systematically applied to all orders placed less than 3 months before the wedding date.
4.2 ONLINE ORDERS
The good(s), item(s)/part(s) ordered online are payable in its totality upon validation of the order.
Payment of the all-inclusive price by the Customer is made exclusively by credit card. In this respect, the bank cards accepted are those of the Carte Bleue, Visa, MasterCard, American Express, Maestro, Google Pay and Apple Pay networks.
To this end, the Customer confirms that he/she is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his/her own.
The Customer provides the sixteen digits and expiry date of his/her bank card, as well as, where applicable, the visual cryptogram numbers.
The Customer expressly acknowledges that the provision of his/her credit card details authorizes the Company to debit his/her credit card for the amount corresponding to the all-inclusive price of the good(s) or item(s) for which the Order has been validated.
In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by credit card is irrevocable.
The transaction is immediately debited from the customer's credit card after verification of the customer's credit card details, and upon receipt of debit authorization from the credit card issuer. Should it not be possible to debit the full price, the online sale will be immediately refused and the order cancelled.
The Company makes every effort to ensure the confidentiality and security of data transmitted on its sites.
Payment for purchases is made via the secure platform of its partner: SOCIETE GENERALE/OGONE.
The data recorded and kept by the Company constitutes proof of the order and of all transactions. Bank details recorded by SOCIETE GENERALE/OGONE constitute proof of financial transactions.
Consequently, the data recorded is intended to remain confidential, except in cases where it may be used as proof of transactions carried out.
For further information on data confidentiality and security, Maison Rime Arodaky invites its customers to consult the "Confidentiality Policy" available on the https://www.rime-arodaky.com website.
ARTICLE 5 - DELIVERY TIMES
5.1 SHOWROOM ORDER (excluding online sales)
The Company undertakes to manufacture, develop and deliver the items ordered by the Customer up to one week before the wedding date. When placing an order, the Customer undertakes to provide the maximum delivery date for the pieces (if different from the wedding date), which is indicated on the order form.
Except in special cases, the Products ordered will be delivered all at once.
Any anticipation of the said date shown on the order form after signature will give rise to a surcharge.
4.2 ONLINE ORDERS
Once the order has been validated, the address indicated by the Customer cannot be modified. Neither the carrier nor RIME ARODAKY can be held responsible for the impossibility of delivery due to inaccuracy in the delivery address (it being specified that the designation of post office boxes is forbidden).
From the date of purchase, your order will be dispatched within a maximum of 72 hours (4 days for international orders, excluding weekends and public holidays), subject to stock availability. As soon as your order has left our warehouse, you will receive an email with your tracking number. Delivery times depend on the destination country.
Customers can track the progress of their order by using the tracking number sent to them by email.
The amount of delivery charges is indicated after validation of the basket and is subject to the Customer's approval before validation of each order.
Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.
ARTICLE 6 - FITTINGS AND ALTERATIONS
6.1 SHOWROOM ORDER (excluding online sales)
Unless otherwise agreed by the parties, Maison Rime Arodaky offers two (2) fittings included in the price of the classic order (excluding online sales) as indicated on the order form.
A third fitting may be offered to the customer at Maison Rime Arodaky's discretion, if and only if the Company deems it necessary, in particular according to the dress's initial fit and pattern.
Maison Rime Arodaky reserves the right to impose its own fitting dates in accordance with the requirements of its couture workshop, in order to facilitate the work of its alteration staff. Brides-to-be commit to being available and to respect the fitting dates imposed by Maison Rime Arodaky. Should the customer be absent or reschedule too late without prior confirmation from our Atelier, RIME ARODAKY reserves the right not to carry out the requested alterations and/or modifications.
The customer also undertakes to wear her definitive shoes at the first fitting; if she forgets to do so, the fitting will not take place and will be rescheduled within a reasonable time.
The Parties agree that the second fitting (and possibly the third) is intended for minor alterations and finishing of the piece before delivery. Consequently, no further alterations will be accepted after the second or third fitting without an additional surcharge, provided that Maison Rime Arodaky is satisfied that the dress fits perfectly and respects the original pattern.
Fittings may give rise to alterations carried out by Maison Rime Arodaky, which are not included in the initial price of the dress. Only the hem will be taken care by the Maison Rime Arodaky without any increase in the price of the Order.
The price list applicable to each alteration required or requested by the bride-to-be is attached to these GTC.
An estimate of the price of alterations may be given at the time the order is placed. However, this estimate will not be final and will be validated at the first fitting of the final dress. Maison Rime Arodaky also specifies that any change in morphology of one size smaller or larger (+ or - 2/3 cm at the body) during fittings will result in a price increase (1 size=10%, 2 sizes=20% and 3 sizes=30%), due to excessive alterations.
The bride-to-be may also choose not to have her alterations carried out at Maison Rime Arodaky. In this case, the customer will have a one-off fitting to check that the dress complies with the initial order and the prototype tried on.
The item will then be purchased by the customer and delivered at the end of this single fitting.
Alterations to ceremonial collections ordered from the showroom and eshop are not included in the sale price. The Parisian Atelier does not carry out alterations on ready-to-wear collections.
All requests for appointments at the Rime Arodaky showroom in Paris must be made via the online agenda (www.rime-arodaky.com/rendez-vous-paris). Appointments at the Paris showroom are subject to a fee of €40. This amount cannot be reimbursed, but will be deducted from your order on site. Appointments can be changed online up to 48 hours before they are due to take place.
Appointments are only available for ceremonial fittings.
ARTICLE 7 - PRODUCTION STEPS
7.1 SHOWROOM ORDERS (excluding online sales)
Regarding the standard orders (excluding online sales), Maison Rime Arodaky specifies that showroom items are made in standard or split/size. Measurements will be taken when the order is placed.
The dress will then be made in the standard or split/size closest to the bride's measurements.
The chosen size must be validated by the customer and signed with the measurements at the same time for validation.
Any style modification will be subject to a surcharge (in accordance with the attached price list) and must be indicated on the order form, signed by both parties. Any style modification not mentioned in our price list will be subject to a specific quotation. Any additions made during the production process will be subject to a new additional quote.
Maison Rime Arodaky may refuse any modification of style requested by the Customer before or after signature of the order form and these GTC.
ARTICLE 8 - PREGNANCY
8.1 SHOWROOM ORDER (excluding online sales)
In the event of pregnancy, Maison Rime Arodaky will present the customer with the models best suited to her pregnancy. Additional charges will automatically be invoiced to the Customer for pattern adaptation to the Customer's new morphology on the day of the wedding date and according to the advancement of the term of pregnancy under the following conditions:
It is also specified that in the event of pregnancy being announced after the signature (within a maximum period of 5 months before the wedding), the customer will have the option of cancelling the order definitively, in which case the deposit will not be reimbursed. If the pregnancy is announced less than 5 months before the wedding, the full amount of the dress must be paid in accordance with the order form.
ARTICLE 9 - DELIVERY OF ORDERS
9.1 - SHOWROOM ORDER DELIVERY (excluding online sales)
After the order has been made, the dress must be collected from the Rime Arodaky showroom located at 10 Rue Eugene Labiche, 75016 Paris.
Once all fittings have been completed and the order is ready for delivery, the customer undertakes to collect her order within a maximum of two weeks. Under no circumstances will Maison Rime Arodaky be able to store the pieces in its Atelier beyond this period.
If the customer wishes her order to be shipped by a third-party transport service provider, the shipping costs will be entirely at his/her expense.
Maison Rime Arodaky cannot be held responsible for any loss/theft/damage to the pieces once the parcel has been handed over to the carrier, and no exchange/refund can be made.
Likewise, once the order has been delivered, Maison Rime Arodaky will not make any alterations or modifications to the goods/parts ordered.
9.2 ONLINE ORDER DELIVERY
9.2.1 - DELIVERY METHOD AND ADDRESS
When placing an order, the Customer chooses one of the delivery methods proposed on the site. Deliveries are made by DHL or UPS, Monday to Friday, depending on the option chosen by the Customer when validating the order.
Delivery is made to the delivery address indicated by the Customer when placing the order.
The Customer may choose to indicate the address of his/her residence, of any other natural person of his/her choice, or of a legal entity that he/she designates. If no one is available to receive the parcel at the time of delivery, a delivery notice will be left for the Customer, informing him/her of the conditions under which the parcel will be held and made available, under the sole and exclusive responsibility of the carrier.
The delivery address cannot be a hotel address or a post office box.
It is the Customer's responsibility to ensure the accuracy and completeness of the delivery data entered (street number, building number, staircase number, access codes, names and/or intercom numbers and any other information required for delivery).
In the event of an error or omission in the delivery information, the Customer shall be solely responsible for any default or delay in delivery.
If the order is returned to the Company, the Customer must provide valid delivery information.
9.2.2 - DELIVERY CHARGES AND DELIVERY TIMES
The amount of delivery charges depends on the delivery method chosen by the Customer and the country of delivery.
Except in the case of force majeure or an unforeseeable and insurmountable act by a third party to the contract, delivery times will be those indicated below and will run from the date of order confirmation.
It is the Customer's responsibility to choose the country of delivery and the mode of transport before confirming the order and payment.
Delivery costs are indicated to the customer before the order is confirmed and are included in the all-inclusive price. Standard DHL delivery is offered for orders over €1,000.
Please note that delivery times are given in working days. Orders placed on the site after 12 noon on Fridays will be processed the following Monday. Orders placed on the website on a public holiday will be processed on the next working day.
Customers may also pick up their orders free of charge at our Paris showroom (3-6 working days) at 10 Rue Eugene Labiche, 75016 ParisParis, Monday to Friday, 9.30am to 5.30pm, by making an appointment with our eshop service ([email protected]).
Orders may be collected free of charge directly from the Maison Rime Arodaky showroom in Paris within a maximum of two weeks once the order is ready for delivery.
Under no circumstances will Maison Rime Arodaky be able to store goods/pieces in its showroom/workshop beyond this period.
9.2.3 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from RIME ARODAKY to the Customer shall occur at the time of delivery, which constitutes the transfer of physical possession or control of the Product to the Customer.
The transfer of the risks of loss and deterioration relating to the Products will take place at the same time, i.e., when the Customer takes physical possession of the Products. The Products therefore travel at RIME ARODAKY's risk.
9.3. LATE DELIVERY
In the event of late delivery, the order is not automatically cancelled.
The Company will inform the Customer by email that delivery will be delayed.
The Customer may then decide to cancel the order and must send the Company a notice of cancellation of the order in accordance with the notification procedures specified in article 15 hereof.
If the Order has not yet been dispatched when the Company receives the Customer's cancellation notice, delivery will be blocked and the Customer will be reimbursed for any sums debited no later than 14 (fourteen) days following receipt of the cancellation notice, in application of Article L.216-3 of the French Consumer Code.
If the Order has already been dispatched when the Company receives the Customer's cancellation notice, the Customer may still cancel the order by refusing the parcel. The Company will then refund the sums debited and the return costs paid by the Customer within 15 (fifteen) days of receipt of the cancellation notice.
The Company cannot be held responsible for the consequences of a delay in delivery for which it is not responsible.
9.4. DELIVERY TRACKING
The Customer will receive an e-mail with an order number confirming that the order has been successfully accepted by the carrier.
Upon dispatch, the Customer will receive by e-mail a tracking number so that he can follow the progress of the parcel on the carrier's website.
9.5 CHECKING THE ORDER
The Customer is obliged to check the condition of the packaging and the goods/parts upon delivery. Thereafter, the Customer fully and exclusively assumes the risks relating to the goods/parts.
It is the Customer's responsibility to make any reservations or complaints he/she deems necessary, or even to refuse delivery if the package is obviously damaged.
Such concerns and claims must be addressed to the carrier by registered letter with acknowledgement of receipt within 3 (three) working days, not including public holidays, following the date of delivery of the goods/parts.
The Customer must also send a copy of this letter to the Company under the conditions indicated in article 15 hereof.
The Customer must ensure that the goods/parts delivered correspond to the order.
To this end, the parcel contains a summary delivery note. In the event of non-conformity of the goods/parts with the specifications mentioned on the delivery note, the Customer must inform the Company and return the goods/parts to the Company.
ARTICLE 10 - CANCELLATION - POSTPONEMENT/MODIFICATION OF ORDER/RIGHT OF WITHDRAWAL
10.1 - SHOWROOM ORDER CANCELLATION (excluding online sales)
In the event of cancellation of an order after signature of the order form by the Parties, no refund will be granted by Maison Rime Arodaky. The deposit will be retained by Maison Rime Arodaky.
In the event of cancellation more than two months after the signature of the order form, the payment of the totality of the order will be claimed from the Customer.
No request for total or partial refund or exchange will be accepted after signature of the order form.
In addition, and as an exception to article 4.1 of these GTC relating to the terms of payment of orders, it is hereby stated that in the event of a postponement of the wedding date initially set and consequently of the date of the last fitting, the second payment of the balance of the order cannot be postponed to this new date.
The second payment of the balance of the order will be claimed by Maison Rime Arodaky between August 1st and August 15th of the year of the initially fixed wedding date.
It is further specified that in the event of postponement of the wedding date initially set, Maison Rime Arodaky will not be able to store the order until the new date envisaged.
Consequently, and by exemption from article 9.1 of these GTC, the Customer undertakes to collect his order during the postponed date.
In the context of online sales, in accordance with article L.121-21 of the French Consumer Code, the Customer has a right of withdrawal of 14 days from receipt of the order.
The customer must send the retraction form to the Company by e-mail [email protected] or by post to the address below, together with the order number:
To the attention of RIME ARODAKY
10 Rue Eugene Labiche, 75016 Paris France
E-mail : [email protected]
"I hereby notify you of my withdrawal from the contract for the sale of the following goods:
Ordered on [...............]
Order number [......]
Received on [...............]
Customer name :
Order delivery address :
Customer's signature (only in case of notification of this form on paper) :
Maison Rime Arodaky will not issue any refunds outside the legal withdrawal period as specified above.
10.2 - RETRACTION OF ONLINE ORDER
In accordance with the provisions of Articles L221-18 et seq. of the French Consumer Code, the Customer has a period of (14) fourteen days to retract from his/her purchase, without having to justify his/her decision.
RIME ARODAKY authorizes the Customer to return purchased products within a period of 14 days.
The fourteen (14) day period runs from the day on which the Customer or a third party designated by the Customer who is not the carrier has received the item ordered, or, in the case of an order for several items delivered separately from the day on which the Customer or a third party designated by the Customer who is not the carrier has received the last item.
The customer must generate a return via [email protected], indicating the item to be returned and the reason for the return. It is the customer's responsibility to print the return label and place it on the package to be returned.
The Customer is responsible for return shipping costs. In this case, the return costs will be deducted from the amount of the refund for the Products.
In the event of any difficulty concerning the return of the parcel, please contact RIME ARODAKY Customer Service in order to obtain the necessary information.
Products that are incomplete, damaged, dirty or returned outside the return period will not be accepted. RIME ARODAKY reserves the right to refuse a refund for an item that does not meet the return criteria. In this case, you will receive an e-mail from our customer service department informing you that your return has not been accepted, and we will return the item concerned to you.
10.2.1 - REFUND OF ONLINE ORDER
If the right of withdrawal is exercised in accordance with the above conditions, RIME ARODAKY will refund the price of the Product(s) purchased, less return shipping costs.
The return request generates an invoice indicating the amount of the product(s) excluding taxes. RIME ARODAKY will reimburse the amount of the Product(s) paid at the time of the initial order.
For returned items, it may take up to 21 business days for the funds to be credited to your original payment method, due to the various steps involved:
1- Product delivery time to our warehouse;
2- Product processing and inspection for refund approval;
3- Finance department authorization to issue a refund;
4- It may take up to 7 working days for the funds to be credited to your payment method once the financial department has processed the refund.
If your refund is not made within 21 working days, please contact us at this address: [email protected] and give us the tracking number of the returned parcel so that we can obtain more information.
No reimbursement will be made to customers who have not exercised their right of withdrawal in accordance with this article.
Made-to-order items (ceremonial dresses, veils and designs) and gift cards are non-refundable and non-exchangeable. For reasons of hygiene, jewelry returns are non-refundable and non-exchangeable.
ARTICLE 11 - WARRANTIES AND LIABILITIES
The Company is subject to the legal warranties of conformity and latent defects set out in articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code and articles 1641 and 1648 of the French Civil Code:
Customers are advised that the above legal warranties do not apply in the case of apparent defects, as defined by case law, or in the case of products damaged in transit or as a result of misuse of the goods.
The same applies to products modified, repaired, integrated or added by the Customer.
Customers are also informed that under the legal warranty of conformity, the consumer :
- Has a period of two years from delivery of the goods to take action against the seller;
- May choose between repair or replacement of the good, subject to the cost conditions stipulated in article L. 217-9 of the French Consumer Code.
The legal warranty of conformity applies independently of any commercial warranty that may cover your good. Consumers are reminded that they may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code, and that in this case they may choose between rescission of the sale or a reduction in the purchase price, in accordance with article 1644 of the French Civil Code.
The provisions of this article do not prevent the customer from benefiting from the right of withdrawal provided for in article 10.
Under the legal warranty of conformity, the Company undertakes, at the Customer's option:
Either replace the product with an identical one, subject to stock availability or to refund the price of the product if replacement is impossible.
ARTICLE 12 - RETENTION OF OWNERSHIP
The Company retains full and complete ownership of the products sold until full payment has been received, including principal, costs, taxes and compulsory contributions.
ARTICLE 13 - FORCE MAJEURE
Maison Rime Arodaky shall not be held liable if the non-performance or delay in performance of any of the services is due to force majeure, as defined in article 1218 of the French Civil Code.
The Parties agree that, in accordance with the provisions of the French Civil Code and case law, force majeure results from an event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was concluded, and the effects of which cannot be avoided by appropriate measures, preventing the debtor from fulfilling its obligation.
In particular, the Parties agree that an epidemic or pandemic, as well as legislative or regulatory changes resulting from changes in the health situation, constitute force majeure when such an event has the aforementioned characteristics.
The Company shall inform the Customer, without delay and by registered letter with acknowledgement of receipt, of the occurrence of such an event when it considers that it is likely to compromise the performance of the services.
In the event of such a case of force majeure, performance of the services will be suspended until the case of force majeure disappears, is extinguished or ceases.
The suspension of services shall under no circumstances give rise to liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
Performance of services is suspended for the duration of the force majeure event if it is temporary. Suspension of services due to temporary force majeure shall not give rise to reimbursement of sums received by Maison Rime Arodaky in respect of the Customer's order. As soon as the case of force majeure disappears, Maison Rime Arodaky will make its best efforts to resume normal performance of the services as soon as possible.
However, if the case of force majeure persists beyond̀ thirty (30) days, the parties must meet to discuss a possible modification of the contract.
In the absence of an agreement between the parties within a period of thirty (30) days and if the case of force majeure persists, each of the Parties shall have the right to terminate the present contract by operation of law, without any compensatioń being due by either party.
However, if, upon the occurrence of a case of force majeure, it appears that the delay justifies the termination of the present contract, the latter shall be terminated as of right, and the parties shall be released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the French Civil Code.
Termination by operation of law for reasons of force majeure may only take place following receipt of a registered letter with acknowledgement of receipt in accordance with article 15 of these GTC, or any other extra-judicial act. This notification must mention the intention to apply the present clause.
ARTICLE 14 - HEALTH REGULATIONS AND PROTOCOL
Maison Rime Arodaky undertakes, within the framework of its services, to comply with applicable legislation, regulations and official health recommendations.
Maison Rime Arodaky undertakes to make every effort to preserve and ensure the sanitary safety of Customers.
Consequently, Maison Rime Arodaky may only be held liable in the event of proven fault or negligence and may not be held liable for direct or indirect damage, should a Customer act on his own initiative or at the instigation of a third party, in violation of the sanitary protocol implemented by the Company and, more generally, in violation of all the measures implemented by the latter.
Maison Rime Arodaky processes the information collected about the Customer by computer and this information is essential for the processing of the Customer's order. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the provisions of Law No. 78-17 of January 6, 1978 on data processing, data files and individual liberties and the European Data Protection Regulation of April 27, 2016 (RGPD), Maison Rime Arodaky may be required to collect personal data concerning the Customer.
The latter is informed that he has a right of access, rectification and deletion of personal data concerning him.
The Customer may exercise this right by contacting Maison Rime Arodaky at the following e-mail address [email protected] or at the following address: 10 Rue Eugene Labiche, 75016 Paris PARIS.
ARTICLE 16 - INTELLECTUAL PROPERTY
The Sites and their content are the exclusive property of the Company or are used by the Company with the authorization of their owner/owner. They are protected by intellectual property rights, and in particular by trademark law and literary and artistic property law.
The content of the Sites includes all the elements of which it is composed, and in particular, without this list being limitative, all photographs, images, illustrations, texts, graphics, multimedia (audio and video), trademarks, logos and software used for the design and operation of the websites.
The use and reproduction of all elements published on the sites are authorized solely for information purposes for personal and private use, to the exclusion of any commercial use, any reproduction and any use of copies made for other purposes being expressly forbidden.
Thus, the content of the sites may not, in whole or in part, be sold, reproduced, distributed, modified, presented to the public, displayed or integrated into a derivative work, for public or commercial purposes, or presented on another Internet site and, in general, on any medium whatsoever.
Any violation of these GTC and/or of the intellectual property rights of Maison Rime Arodaky constitutes an act of counterfeiting for which the counterfeiter may be held civilly and criminally liable, and may give rise to legal action by the Company.
ARTICLE 17 - NOTIFICATIONS
Within the framework of these GTC, all notifications to the Company or claims relating to the non-performance or poor performance of the services must imperatively be notified and transmitted by the Customer, under penalty of foreclosure, by registered letter with acknowledgement of receipt, within fifteen (15) days of receipt/withdrawal of the order, to the following address:
Rime Arodaky SAS,
10 Rue Eugene Labiche,
ARTICLE 18 - SEVERABILITY OF CLAUSES
Should one or more of the provisions of these GTC be invalidated, such invalidity shall not invalidate the other provisions, which shall remain in force between the parties.
ARTICLE 19 - MODIFICATION OF THE CONTRACT
Any modification of the present GTC may only be made by an amendment duly signed and accepted by both parties.
ARTICLE 20 - APPLICABLE LAW MEDIATION - JURISDICTION
The present General Terms and Conditions of Sale are governed by French law.
Failing amicable settlement of the dispute, the Customer may have recourse free of charge to a consumer mediator in accordance with articles L152-1 et seq. of the French Consumer Code.
A list of approved mediators is available on the consumer mediation website at http://www.economie.gouv.fr/mediation-conso.
The Customer may also file a complaint via the online dispute resolution platform (the "RLL" platform) accessible via the link below: https://webgate.ec.europa.eu/odr/ main /? event = main.home.show & lng = FR .
Notwithstanding the foregoing, any difficulty relating to the interpretation, performance, or validity of these GTC shall be submitted to the exclusive jurisdiction of the competent courts of Paris.