Terms and conditions of use
Art.1 SCOPE OF AGREEMENT
The website www.souvenirparis.com is an information and e-commerce site accessible via the Internet to all Internet users (hereinafter, "Web Surfers"). The site has been developed and managed by PARICI, a French gift shop (Société individuelle), located at 52 rue Mouffetard - 75005 PARIS, FRANCE, and registered with the Trade and Companies Registry of Paris under the number 398 805 457.
For the purposes hereof, the User(s) and PARICI are referred to collectively as the "Parties" and individually the "Party", and any User who confirms an order is referred to as the "Buyer". The rights and obligations of the User(s) necessarily apply to the Buyer(s).
The purpose of these Terms and Conditions of Sale is to set out the rights and obligations of both Parties, exclusively because of the relationships they initiate on the Internet, with respect to any and all online sales of Products offered on the Site.
They apply to all the steps necessary to place the order and ensure the follow-up of such order as contracted between the Parties.
This document is the sole document applicable to the relationship between the Parties ; it cancels and supercedes any other document.
Any Product ordered via the Site presupposes having read and expressly agreed these terms and conditions of sale by clicking in the box next to the phrase "". In accordance with articles 1316 to 1316-4 of the French Civil Code, as completed by Order No. 2001-272 dated 30 March 2001 for implementation of Article 1316-4 of the Civil Code where electronic signatures are concerned, please note that the fact of clicking in the box next to the phrase " " after reading them, in the same manner as confirming the order form as described in clause Art.4 below, constitutes an electronic signature which is binding between the Parties to the same extent as a manual signature and stands as proof that the entire order is legally valid, rendering all amounts in connection therewith due upon performance of said order.
Prices are posted in euros. They include any reductions and French VAT, applicable on the order date. All orders placed through the Site for delivery outside France may be subject to taxes and customs duties at the destination point. Such customs duties and taxes due on delivery of an article are borne by the Buyer, who assumes the payment obligation. PARICI is not obligated to verify and inform the Buyer of any applicable customs duties or taxes.
The prices posted on the Site are guaranteed on the date of order and for articles available in stock, reserve made for significant changes and, in particular, VAT, manifest printing error or omission.
Prices do not include delivery expenses which are billed in addition, the User being informed thereof upon final confirmation of the order.
PARICI reserves the right, and the User accepts, to change the price at any time. However, the Products will be billed based on prices in force when the order is placed, provided that said Products are available in stock.
The Products offered for sale by PARICI are those featured on the Site, on the date when the User consults the Site and insofar as the Products are available in stock.
Should any Product be out of stock, the Buyer will be informed as quickly as possible.
The photographs and texts illustrating the Products are non-contractual. PARICI cannot be held responsible for erroneous photographs or texts.
The most used order process is the website : www.souvenirparis.com.
The User can view the various Products offered for sale by PARICI on the Site.
The User may navigate freely on the pages of the Site with no commitment to purchase via an order. If the User wishes to place, he or she chooses the desired Products and signals his or her interest by clicking on "Add to cart".
The User may at all times:
- obtain the list of Products selected by clicking on the shopping cart,
- continue or change the selection of Products by clicking on the green button into cart called "Order",
- the shopping for Products and order those selected by clicking on "Order".
To order the selected Products, after clicking on "Order", the User must identify him or herself by entering his or her email address and password chosen when opening the personal account; or, if this is a first order, by clicking on "If this is your first order, please click here". In the latter case, the User must fill out accurately the form provided, with all information necessary to identification, mainly his or her name, first name and mailing address. In addition, the User must provide his or her email address and a chosen password which will be treated as personal and confidential, which will be needed in the future for identification to access the Site.
The User is hereby informed of and consequently accepts the fact that entering these two identification marks is valid as proof of his or her identity and consent.
Once the User is identified, the delivery address must be confirmed (as laid down in clause 4 below), then an order form will appear onscreen, restating: the nature, quantity and prices of the User's chosen Products, as well as the total amount of the order, postages charges, the User's personal information and the address for delivering the Products.
If the User wishes to benefit from the commercial offer he has received, he will need to enter and confirm his « preferencial code » in the appropriate field located on the Website’s Cart page.
After reviewing the order, and once all requested information is provided by the User, a summary of such information and the order will appear. At this point the User proceeds to the secure payment site by clicking on the type of card used for payment in order to confirm the order definitively. The User must then enter the number of his or her bank debit or credit card, according to type, the date of expiration and the three-digit security code on the back of the credit card.
By paying immediately via credit or bank debit card, as provided in clause 6 below, the User is automatically transferred to the electronic payment server of the secure electronic payment platform (hereinafter, the "bank"). The bank's server is made secure via an S.S.L. (Secure Socket Layer) code in order to protect all payment data as thoroughly as possible. At no time are the User's banking data transmitted to the PARICI information systems. As a consequence, PARICI is free from any and all liability in that respect.
As soon as payment is validated, the order is placed and becomes irrevocable. The User thus becomes a Buyer. The order form will be registered in the PARICI information archives and kept in a reliable and sustained support system, serving as evidence of the contractual relationship between the two Parties.
In accordance with clause 5 below, the Buyer is entitled to retract his or her order and to be reimbursed for a period of seven (7) business days starting from the day of reception of the Products by the Buyer.
The Buyer will then have access to his or her order by clicking on "Your account" and by filling out his or her mailing address and password.
The Buyer may purchase gifts for friends through the Site. The ordering procedure is the same as the one followed for personal purchases. The PARICI Site enables the Buyer to send a personalized message to the recipient of the gift. The recipient of the gift will also have the benefit of all the guarantees contained in clause 5 below.
Art.5 ORDER CONFIRMATION
Any Product ordered via the Site presupposes having read and expressly agreed these terms and conditions of sale by clicking in the box next to the phrase "Please check this box to confirm you have read the Terms and Conditions". In accordance with articles 1316 to 1316-4 of the French Civil Code, as completed by Order No. 2001-272 dated 30 March 2001 for implementation of Article 1316-4 of the Civil Code where electronic signatures are concerned, please note that the fact of clicking in the box next to the phrase " Please check this box to confirm you have read the Terms and Conditions " after reading them, in the same manner as confirming the order form as described in the above clause, constitutes an electronic signature which is binding between the Parties to the same extent as a manual signature and stands as proof that the entire order is legally valid, rendering all amounts in connection therewith due upon performance of said order.
Payment is made immediately via the Internet, unless the server is unavailable, by means of a credit or bank card issued in France or outside France by Visa or Eurocard/Mastercard.
However, PARICI reserves the right to refuse any and all orders or deliveries in the event of (a) surpassing the order thresholds indicated herein, (b) ongoing dispute with the Buyer, (c) Buyer's total or partial non-payment of a previous order, (d) credit or bank card company's refusal to authorize payment, (e) non-payment or partial payment. In all these cases, PARICI cannot be held liable in any manner.
The bank or credit card payment transaction between the Buyer's computer and the secured payment system (SIPS) managed by ATOS Origin, PARICI's partner for online payment transactions, is entirely encoded and protected using the S.S.L. (Secure Socket Layer) procedures.
The Buyer can also pay via bank withdraw. He or she will receive PARICI's bank details via e-mail. PARICI will then wait for the reception of the withdraw on it account to dispatch the goods with the next 48 hours after receipt (except weekend and legal holidays).
Payment is due for payment 100% in advance. The Buyer's order will be delivered once payment received within 48 hours (except weekend and legal holidays).
Packages are generally dispatched within 2 days after receipt of payment and are shipped via Colissimo with tracking and drop-off without signature or via tracked french postage (depending on your order weight).
If you prefer an express delivery, PARICI provides Chronopost international services.
Whichever shipment, the Buyer will receive a link to track his/her package online and the average delivery time to his/her country.
Shipping fees include handling and packing fees as well as postage costs. Transport fees vary according to total weight of the shipment. PARICI advises the Buyer to group your items in one order. PARICI cannot group two distinct orders placed separately, and shipping fees will apply to each of them. The Buyer's package will be dispatched with special care especially for fragile objects.
Boxes are amply sized and your items are well-protected.
Art.8 RETURNS AND DEFECTIVE PRODUCTS
In accordance with article L 121-16 of the French Consumer Code, the Buyer has a period of seven (7) business days to return, at his or her expense, the Product(s) ordered if, for one reason or another, the Buyer is not satisfied with them. This 7-day period runs from the Product reception date. PARICI will accept only those Products which have not been worn or washed and which are returned with their label and materials tag intact. The Products must be returned in their packaging and packing of origin to the following address: PARICI, 52 rue Mouffetard 75005 PARIS - FRANCE.
Upon fulfillment of the above conditions, PARICI will reimburse the amounts paid by the Buyer within thirty (30) days starting from the date of reception of the package by PARICI (date of posting by the Buyer is valid as notice to PARICI that the Buyer has exercised the right to withdraw his or her order), except return expenses which are borne by the Buyer.
If, despite the care taken by PARICI in preparing orders, a Product has a defect, the Buyer has seven (7) days from date of delivery to return the defective product at his or her expense for exchange or reimbursement. In order to process this claim as quickly as possible, any defect must be clearly notified by email. The stamped package shall be sent to PARICI, 52 rue Mouffetard 75005 PARIS - FRANCE.
Upon fulfillment of the above conditions, PARICI will exchange the defective Product(s) or reimburse the Buyer for defective Product(s), within thirty (30) days from the date of reception of the package by PARICI.
Art.9 INDIVIDUAL FREEDOM
The personal information concerning Users gathered for online sales is necessary for processing orders and delivery, as well as invoicing. Such information is strictly confidential and is not disclosed to third parties except to PARICI subsidiaries. Any missing information will entail the automatic refusal of the order.
Pursuant to the Act 78-17 dated 6 January 1978 on data processing, files and individual liberties, any personal information gathered on the Site is registered with the French CNIL (Commission Nationale de l'Informatique et des Libertés, or National Committee on Computerization and Individual Freedoms). The User has a right to access, modify, correct and delete information concerning him or her. To exercise this right, the User must send an email to: firstname.lastname@example.org
Should one or several provisions contained in these Terms and Conditions of Use be deemed or declared invalid pursuant to any law or regulation or by virtue of a final judgment issued by a competent court, all other provisions shall remain in full force and effect.
These Terms and Conditions of Use and the order summary sent to the Buyer together constitute the entire agreement between the parties hereto as regards the subject matter hereof. In the event of any contradiction between those documents, the Terms and Conditions of Sale shall prevail.
These Terms and Conditions of Use and the contractual relationship between PARICI and the Buyer are governed by the laws of France. In the event of dispute, the Parties shall attempt to settle on an amicable basis prior to bringing any legal action.