The site accessible at www.patyka.com (the "Site") is published by the company PATYKA COSMETICS, a simplified joint stock company with a capital of 7,495 euros, whose registered office is at 320 rue Saint-Honoré - 75001 Paris, registered with the Paris Trade and Companies Register under number 791 258 874, represented by its Chairman, Mr Alexandre BENAMRAN.
The Site allows PATYKA to offer cosmetic and perfume products for sale (the "Products") to users of the Site (the "Users").
These General Terms and Conditions of Sale (the "T&Cs") define the rights and obligations of PATYKA and Users (together, the "Parties") in connection with the use of the Site and the placing of an order for the purchase of Products (the "Order") by a User (the "Buyer") with PATYKA. The rights and obligations of the User necessarily apply to the Buyer.
The GTC determine all the steps necessary to complete an Order and ensure the follow-up of this order between the Parties.
The GTCs are available to all Users at any time from the Site. By accessing the Site, Users acknowledge that they have read and understood the GTCs and agree to be bound by them.
Any Order implies the acceptance of the GTCs by the User.
Any Order implies the consultation and acceptance of the GTC.
PATYKA reserves the right to modify the GTC at any time. The applicable GTC are those accepted by the Buyer when placing the Order. The GTC apply to the exclusion of any other document.
PRODUCT INFORMATION AND AVAILABILITY OF PRODUCTS OFFERED ON THE SITE
The Products offered for sale are those which appear on the Site and which can be the subject of an Order, except in the case of exceptional unavailability or the right of withdrawal exercised by PATYKA.
Sales offers, including promotional offers, are valid as long as they are announced on the Site. Any promotional offer not originating from the Site cannot be validly opposed to PATYKA.
PATYKA is not responsible for the content of the Site.
PATYKA makes its best efforts to respect the requirements of article L. 111-1 of the French Consumer Code by putting the essential characteristics of the Products online. The photographs of the Products are communicated for illustrative purposes only and are not contractual.
The User is responsible for the content of the Products.
The User is invited to consult the description of each Product to know its essential characteristics as well as its composition.
In case of exceptional unavailability of the Product(s) ordered, PATYKA will inform the Buyer as soon as possible and the Buyer may modify his/her choice or cancel the Order. In all cases, PATYKA may offer to provide the Purchaser with a Product of equivalent quality and price or alert the Purchaser by e-mail in the event of future availability of the chosen Product. The Buyer may contact PATYKA by e-mail at the following address: firstname.lastname@example.org.
It is specified that the Products are intended for personal use by the User, who undertakes not to use them in the context of his professional activities. In this respect, the amount of the Order shall not exceed the sum of one thousand (1,000) euros including tax. The User who wishes to purchase on the Site declares that he/she has full legal capacity.
PRODUCT PRICES AND DELIVERY COSTS
The prices of the Products are indicated in euros and include all taxes. 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.
The Products will be invoiced on the basis of the price list in force at the time of confirmation of the Order.
PATYKA reserves the right, which the User accepts, to modify its prices at any time, without prior notice, and except for orders in progress.
Creating an account to place an Order
PLACING AN ORDER ON THE SITE
To place an Order, the User may create an account, by choosing a password, or use the Site as a guest, without having an account.
The User's account password is strictly personal and confidential. PATYKA recommends that Users change their passwords.
The User's account password is strictly personal and confidential. PATYKA recommends that Users change their passwords regularly and choose complex passwords that include letters, numbers, and specific characters. Users should not share their passwords with others. Users are responsible for the loss or theft of their password if it is proven that they have committed a fault attributable to them. In such event, Users must notify PATYKA immediately.
After creating an account, Users will receive an email from PATYKA confirming their registration. If the User already has an account, he/she will only need to log in with his/her email address and password.
The User may select the Products of his choice, provided they are available for sale online and in the desired quantity.
Payment to complete the Order
To add a Product to the shopping cart, the User must select the Product and the desired number, click on the "add to cart" button.
Each new addition to the basket will be indicated on the Site by the appearance of the basket and the number of items in the basket.
At any time, the User may consult the summary of the Product(s) selected and which are in his/her basket, continue the selection by continuing his/her purchases from the Site or complete the Order by proceeding with the payment.
Before finalising the Order and paying, the User will be directed to a page on the Site allowing him/her to consult the details of the Product(s) selected, which he/she may modify.
Order confirmation by PATYKA
The User will have to validate his/her basket and then fill in his/her contact details and delivery information, and choose his/her delivery method.
Before payment, the User must validate the GTC.
Payment for the Order may be made via Paypal or by credit card. In this case, the User shall enter his/her card number, the expiry date of the card, the name of the cardholder and the visual cryptogram. Payment by card is secured by 3D Secure technology.
The Order will be processed by PATYKA only after the payment has been made by the Buyer.
After placing the Order, the Purchaser will be able to access from his/her account, if he/she has created one, a summary of the Order on the Site, mentioning the Order number. This summary will also be sent to the Buyer in a confirmation e-mail, containing all the elements of the sales contract between the Parties.
This information shall constitute proof of the nature, content and date of the Order placed by the Buyer and shall be deemed authentic, which the Buyer expressly accepts.
- SHIPPING AND DELIVERY OF THE ORDER
The Site allows Products to be ordered for delivery to Metropolitan France, including Corsica, the French Overseas Departments and Regions, the Principality of Monaco and all countries in the world except the following: the Svalbard archipelago, Bonaire, China, Denmark, Finland, Bouvet Island, Jan Mayen Island, Indonesia, the Netherlands, Norway, Russia, Sweden, Ukraine and the United States of America.
Orders paid by credit card are prepared on the same day (if the Orders are placed on working days) if they are registered before 2pm CET, otherwise on the next working day.
The Orders are then sent by the usual postal services, and in particular by means of the "Colissimo suivi" service under which the Post Office undertakes to deliver within 48 hours.
In any event, the Order shall be executed at the latest within thirty (30) days from the day following the validation of the Order by the User.
The Products ordered by the Buyer shall be delivered to the address given by the Buyer when placing the Order, to the Pick-Up location of his/her choice, or to the post office where the delivery address given by the Buyer is located, if the recipient of the Products is absent. In the latter case, the postman will leave a notice in the letterbox of the said recipient allowing him to collect his parcel during the working hours of the post office, within a period of fifteen (15) days.
In the event of a delay in delivery, the Purchaser must report this delay as soon as possible to PATYKA's customer service department, by e-mail to email@example.com, or by mail to PATYKA, 58 rue Chateaudun - 75009 Paris. PATYKA will then contact the postal services so that an investigation can be carried out. Furthermore, it is specified that ownership of the Products will only be transferred to the Purchaser upon full payment of the invoiced price, including delivery costs.
Upon receipt of the ordered Products, the Buyer shall check the conformity of the delivered Products. Any anomaly concerning the delivery (missing or broken Product, damaged parcel, etc.) must be indicated by the Buyer on the receipt presented by the Post Office when the parcel is handed over and must imperatively be notified to PATYKA's customer service by e-mail sent to firstname.lastname@example.org or by mail to PATYKA, 58 rue Chateaudun 75009 Paris.
PATYKA will not be responsible for loss, wrong address or delay in delivery of a Product, if it can prove that this delay or loss is due to the Buyer, to the unforeseeable and insurmountable act of a third party or in case of force majeure, as provided for by article L. 221-15 of the French Consumer Code.
In the event that the Buyer chooses a carrier not proposed by PATYKA, the risk of loss or damage to the goods will be transferred to the Buyer upon delivery of the Products to the carrier chosen by the Buyer, in accordance with article L. 216-5 of the Consumer Code.
The Buyer has a period of fourteen (14) working days to return, at his/her own expense, the Product(s) he/she has ordered if he/she is not satisfied with them. This period starts from the day of delivery of the Order.
To exercise the right of withdrawal, the Buyer may contact PATYKA by email at email@example.com, by telephone or WhatsApp on 08.01.90.25.50, or by using the contact form available on the Site. The Buyer may use the withdrawal form reproduced below.
The Product(s) shall be returned in its (their) original packaging, condition and packing, and accompanied by the stub at the bottom of the invoice or delivery note, to the following address PATYKA - 58 rue Chateaudun 75009 Paris.
The Products must not have been unsealed. The Buyer is informed that the right of withdrawal is excluded for opened products that cannot be returned for reasons of hygiene or health protection (article L.221-28 of the Consumer Code).
If the above conditions are met, PATYKA will reimburse the Purchaser, within fourteen (14) days of the Purchaser's withdrawal or receipt of the Products, the sums corresponding to the Products purchased by the Purchaser.
PATYKA does not accept packages with postage due, the Buyer shall bear the cost of returning the Products.
However, it is specified that PATYKA is responsible for the shipping costs if the decision to return is the result of an error by PATYKA (non-conforming product(s)).
Model withdrawal form:
For the attention of PATYKA - Service Client - 58 rue de Châteaudun - 75009 PARIS
I ____________ hereby notify you of my withdrawal from the contract for the sale of the product ____________ below:
Ordered on : _______________ / received on ______________
Name of the consumer : __________________________
Consumer's address : _______________________
Consumer's signature :
Neither Party shall be liable for the total or partial non-performance of its obligations under the GTC, if such non-performance is caused by an event constituting force majeure, as defined by Article 1218 of the Civil Code. 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 for the duration of the force majeure event.
After a period of one (1) month of interruption due to force majeure, PATYKA may not honour the order, and will reimburse the Buyer if necessary.
PATYKA has set up a system for collecting and publishing on the Site opinions and ratings of Products by the Buyer. PATYKA may ask the Buyer to give feedback once the Order has been received.
The Buyer agrees to provide feedback in a fair manner.
The review shall consist of a rating between one (1) and five (5) stars and shall be accompanied by a description in which the Buyer gives his/her opinion on the Product. The Product will then have an overall rating corresponding to the average of all the ratings given by all the Buyer reviews on this Product.
PATYKA publishes all reviews, with the exception of reviews that are (i) insulting, abusive, defamatory or infringing on the rights of third parties, and/or contrary to applicable laws and regulations and (ii) related to a personal situation of the Buyer, such as an allergy or a question about the status of the Order. In the latter case, PATYKA will contact the Buyer by email.
PATYKA also reserves the right to contact a Buyer in the event of a negative review as part of its customer relationship management.
Reviews will be published within forty-eight (48) hours of submission, except in the case of a complex situation.
Reviews are published in chronological order until the Product is delisted from the Site.
At any time, the User may report a Buyer's notice that contravenes the laws and regulations in force or the GTC, or infringes his or her rights, by sending an email to the address firstname.lastname@example.org. PATYKA may temporarily or permanently remove the notice, if necessary, in order to verify its content.
The Products sold by PATYKA benefit from the legal guarantee of conformity provided for in articles L. 217-4 to L.217-14 of the Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
The Buyer shall have a period of two (2) years from the delivery of the Products to take action in respect of the legal guarantee of conformity or hidden defects. In this case, the Products must be returned in accordance with the return procedure mentioned in article 6 of the GTC, and by writing to the following address email@example.com. If the return is accepted, the Customer may request a replacement of the Product or a refund.
PATYKA shall not be liable for any difficulties related to the Internet network and hosting and, more generally, for any technical disruption that may occur on the Site.
Access to the Site may be interrupted for technical reasons and PATYKA cannot be held responsible for this.
The Buyer is solely responsible for his/her account on the Site, his/her password, and his/her Orders. The Buyer is also responsible for any payment incident and warrants that he/she has the full rights to pay for any Order.
For any request, PATYKA can be contacted firstname.lastname@example.org or by telephone on +33.8.01.90.25.50.
PATYKA informs the User that he/she may, at any time, register on a list of opposition to telephone canvassing, BLOCTEL, accessible through this lien.
The Site is an intellectual work protected by intellectual property law. The Site is the exclusive property of PATYKA.
Any reproduction or representation, in whole or in part, of the Site, or any of its elements, in any medium whatsoever, for any other purpose, including but not limited to commercial purposes, is expressly prohibited.
PATYKA does not control the content, advertising, products or services available on or from sites linked to its Site.
If one or more of the provisions of the GTC are held to be invalid or declared as such by a law, a regulation or a final decision of a competent court, the other provisions shall remain in full force and effect.
Completeness of the contract
The GTC and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties. In case of contradiction between these documents, the GTC shall prevail.
The fact that one of the Parties does not avail itself of one of the provisions of the GTC shall not be considered or interpreted as a waiver of its benefit.
- APPLICABLE LAW - COMPETENT JURISDICTION - DISPUTE
The GTC are subject to French law.
In the event of a dispute, the Buyer is informed that he/she has the possibility of recourse to:
- to mediation, in accordance with article L. 612-1 of the Consumer Code. The Buyer is informed that PATYKA has appointed as mediator SAS Médiation Solution, located 222 chemin de la bergerie 0180 Saint Jean de Niost, and which can be contacted:
- Any other form of alternative dispute resolution, including the European Dispute Resolution Platform, available at this address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
All disputes to which the GTC may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences shall be submitted to the competent French courts under the conditions of common law.