General terms and conditions of sale
Introduction to the GTC
The purpose of these general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale") is to define the rights and obligations of the parties in the context of the online sale of "Polaar" brand cosmetic products (hereinafter the "Products") on the website (https://www.polaar.com/ hereinafter the "Site") by the company of the same name: Polaar (a simplified joint stock company with a capital of 57,931 euros, whose registered office is located at 53 rue du Rocher in Paris (75008), France, registered with the Paris Chamber of Commerce and Industry under the number RCS 477 493 753, hereinafter "Polaar"). The purchase of Products on the Site is reserved exclusively for consumers acting for personal purposes and domiciled on the territory of the European Union (hereinafter the "Customer"). Placing an order for Products on the Site implies the Customer's acceptance, without restriction or reservation, of all the provisions of the General Terms and Conditions of Sale appearing on the Site at the time of the order. No general or specific condition appearing in the documents sent by the Customer may be incorporated into the present Terms and Conditions without the express written agreement of the Seller.
The prices of the Products are indicated in euros, including all taxes. They do not include delivery costs, which are invoiced to the Customer in addition and indicated before the order is validated. The Seller reserves the right to modify its prices at any time and without notice. However, the Products shall be invoiced to the Customer on the basis of the prices in force on the Site at the time the order is placed.
3.1 - Prior identification of the Customer In order to place an order, the Customer must identify himself by means of his login and password (hereinafter the "Secure Access Codes"). For any first order, the Customer must follow an account creation procedure and complete the information requested on the Site. The Secure Access Codes will also be requested from the Customer to access certain areas of the Site, such as the "My Account" section. It is the Customer's responsibility at all times to maintain the security of their Secure Access Codes. If the Customer loses or forgets their Secure Access Codes, they may request them again by going to their "customer account" and clicking on "I have forgotten my password". They will then receive their Secure Access Codes by e-mail at the address previously indicated when they registered on the Site. 3.2 - Registration and validation of the order To place an order on the Site, the Customer must add all the Products he/she wishes to purchase to his/her basket by clicking on the "Add to basket" button. They may select as many Products as they wish by clicking on "Continue shopping". Once their selection is complete, the Customer will be invited to check their basket by clicking on "My basket". On this occasion, they may correct any input errors, particularly concerning the quantities selected. After having read the details of their order, the Customer must validate it definitively and pay for it by clicking on "pay the order". Any order validated by the Customer under the conditions and according to the procedure stipulated above is considered a firm and definitive commitment. For all orders that have been duly validated and paid for, the Seller shall send a confirmation e-mail to the Customer mentioning the order number and the details of the Products ordered. A summary of the order will also be displayed in the customer account. If a Product is unavailable or in the event of an error on the Site, in particular concerning the description, characteristics or price of a Product, the Seller reserves the right to cancel any order for the said Product. The Customer will then be informed by e-mail. The Seller may then offer the Customer another Product of equivalent quality and price. If the Customer does not accept, the Seller shall, if necessary, refund the sums deducted, the remainder of the order remaining firm and definitive.
The total amount due by the Customer is indicated before the final validation of the order on the Site as well as in the confirmation e-mail sent by the Seller. Payment of the order is made solely on the Site by means of a bank card, Visa or Mastercard. In order to proceed with the payment, the Customer must provide certain information relating to the bank card, including the name of the cardholder, the bank card number, its expiry date and its cryptogram number. Payment of the order is made using the SIPS Atos Origin secure payment solution for BNP Paribas. The payment will be considered validated after confirmation of the payment agreement by the issuing organisation. In the event of refusal by the bank, the order will be automatically cancelled and the Seller will be relieved of all obligations and responsibility towards the Customer. The Seller also reserves the right to refuse any order from a Customer who has not paid in full or in part for a previous order or with whom a dispute is pending.
5.1 - Delivery conditions and times The Products ordered will be delivered, at the Customer's choice, by Colissimo Suivi Access, Colissimo Suivi Expert or UPS, to the address indicated by the Customer on the order form or to a relay point of the Customer's choice among the relay points proposed. No delivery can be made to a post office box. All prices and delivery times are available by clicking on the following link: "delivery conditions". The maximum delivery time cannot exceed 30 days from the date of purchase. Upon shipment of the order, regardless of the delivery method chosen by the Customer, the Customer will receive an e-mail with the tracking number of his package. The Customer will be able to follow the delivery of his order by clicking on the link provided for this purpose. In case of absence or delay of delivery, the Customer shall send an e-mail to the Seller at firstname.lastname@example.org who will contact, if necessary, the carrier so that an investigation can be conducted. In the event that the delivery time is not respected, the Customer shall also have the possibility to ask the Seller to cancel the order and to reimburse the sums paid under the conditions of common law. Delivery by Colissimo Suivi or UPS The Seller shall not be held responsible in case of late delivery and/or loss of an order due to an error in the Customer's address. If the Customer is absent at the time of delivery, the carrier shall leave a reviews informing the Customer of the terms and conditions and time limits for collecting the package, the delivery being deemed to have been made by the Vendor and the latter shall consequently be released from any obligation and liability towards the Customer. 5.2 - Delivery and verification of Products It is the Customer's responsibility to verify the number and condition of the Products upon receipt. In case of apparent anomaly of the parcel (damaged parcel, opened parcel, repackaged parcel, trace of liquid...), the Customer will have to issue the clear and precise reserves necessary with the carrier and/or refuse the parcel. Any anomaly concerning the delivery of the Products must be notified to the Seller at email@example.com within a maximum of 5 (five) working days from the date of receipt of the package. After opening the package, in case of delivery error and/or non-conformity of the Products in kind or in quality compared to the indications on the order form, the Customer shall file a claim with the Seller at firstname.lastname@example.org within a maximum of 5 (five) working days from the date of receipt of the package. In case of justified refusal of a parcel or error of delivery or non-conformity of a Product under the conditions mentioned above, the Seller will proceed, at its discretion, either to the refunding of the Product(s) concerned within 2 (two) weeks, or to the reshipment of the missing Product(s). The Seller reserves the right, at its own expense, to ask the Customer to return the Product(s) delivered by mistake and/or damaged in their original packaging. The refund of the Products will be made, if necessary, within a maximum of 2 (two) weeks. Any claim not made within the rules and deadlines stipulated above shall not be taken into account by the Seller and shall release the latter from any obligation and/or liability towards the Customer.
In accordance with the provisions of article L121-20 of the Consumer Code, the Customer has a period of 28 clear days to exercise his/her right of withdrawal from the date of receipt of the Products and to return said Products to the Seller (date of dispatch being taken as proof). Prior to exercising his right, the Customer must notify the Seller by e-mail at email@example.com, indicating his contact details, the order number and the reference of the article(s) concerned. The Products must be returned, intact, in their original packaging and wrapping, to the address Polaar, 53 rue du Rocher, 75008 Paris, France, with the costs and risks of shipping remaining the responsibility of the Customer. Upon receipt of the Product(s) at the above-mentioned address, if the above-mentioned conditions are met, the Seller may offer the Customer another Product of equivalent quality and price. If the Customer does not accept this offer, the Seller shall refund the Product(s) concerned within a maximum of 14 days, the remainder of the order remaining firm and definitive.
The characteristics, descriptions, colours, photographs and representations of the Products are presented on the Site in the most precise and exact manner possible. However, this information cannot be considered as contractual and the Seller cannot be held responsible in case of errors or differences of appreciation which could result from it. The Products presented on the Site are available for sale within the limits of available stocks. In the event of a Product being out of stock, the Seller shall inform the Customers on the Site or immediately when placing an order. The Seller may offer the Customer another Product of equivalent quality and price.
The Seller acts as Polaar's agent in the sales contract with the Customer. Polaar guarantees that the Products comply with the applicable standards and regulations in force in terms of quality, traceability, safety and consumer protection, as well as composition, labelling and marking. Polaar guarantees that the Products do not have any defect or fault that would make them unsuitable for use under normal conditions of use. However, despite the care taken with the Products, in the event of a design and/or manufacturing defect noted by the Customer, the Customer must alert the Seller, without delay, by e-mail to firstname.lastname@example.org and then return the Product concerned to Polaar, 53 rue du Rocher, 75008 Paris, France. Upon receipt of the Product in question, the Seller will carry out the necessary tests and analyses in order to verify the conformity and/or imputability of the said Product, and will then contact the Customer in order to agree on the modalities of replacement or reimbursement or return of the said Product in the event that the latter does not present any defect or malfunction whatsoever.
The Seller shall not be liable in any way whatsoever if, in the event of force majeure, events beyond its control or justified necessity, it is forced to close the Site, cancel one or more orders, or modify the General Conditions of Sale. The Seller is not responsible in case of : - malicious intervention, - problems with telephone, internet or mail delivery, - hardware or software problems, - access problems to the Site's server, - destruction of the information provided by the Customers for a reason not attributable to the Seller, - software or hardware malfunctions, - human or electrical errors, - disturbances that could affect the proper functioning of the Site or the progress of a purchase on the Site. In any case, if the proper administrative and/or technical progress of a purchase on the Site is disrupted by a virus, computer bug, unauthorised human intervention or any other cause beyond the Seller's control, the Seller reserves the right to interrupt the transaction in progress. Similarly, making a purchase on the Site implies knowledge and acceptance of the characteristics and limits of the Internet, the lack of protection of certain data against possible misappropriation or piracy and the risks of contamination by possible viruses circulating on the network. The Seller may close the Site, cancel or suspend one or more orders, or modify the terms and conditions if it appears that fraud has occurred in any form whatsoever, in particular by computer. In this case, the Seller reserves the right not to award prizes to fraudsters and/or to prosecute the perpetrators of such fraud before the competent courts.
Polaar is the owner of its brands, its corporate name, its logos, drawings, models, advertising materials, representations of its Products and, more generally, of all the intellectual property rights relating to the Site, its Products, creations and distinctive signs (hereinafter the "Polaar Protected Elements"). The Client acknowledges that it is forbidden, without the prior written consent of Polaar, in any country, to use and/or exploit the Protected Elements of Polaar, in any way whatsoever (in particular for their reproduction, communication and/or adaptation) and for any reason whatsoever (including as a commercial reference or for its own advertising). In the event of non-compliance with these stipulations, the Seller and/or Polaar shall be entitled to terminate any order by operation of law, to the exclusive detriment of the Customer and without prior notice, without prejudice to all other rights, actions and remedies that Polaar and/or the Seller may have for the purpose of compensating for the damage that it may have suffered as a result of such non-compliance.
Personal information about the Customer is collected by the Seller for the purpose of processing and sending the Customer's order for Products and transmitted to Polaar for commercial purposes. This personal data is processed in accordance with the French law n°78-17 of 6 January 1978 relating to information technology, files and freedoms, known as the "Loi Informatique et Libertés". In accordance with articles 38 and following of the Data Protection Act, the Customer has the right to access, rectify, delete or object to the processing of his or her personal data by writing to the following address: Polaar 53, rue du Rocher, Paris 75008, France. In addition, the Seller shall keep the data relating to transactions on the Site within the limits of the provisions of law n°78-17 of 6 January 1978.
The Seller shall not be liable for the total or partial non-performance of its obligations under a sales contract and these General Terms and Conditions of Sale, if such non-performance is caused by an event constituting force majeure under the conditions defined by the case law of the French Supreme Court and including, without this list being exhaustive, natural disasters, acts of public authority, embargos, carrier strikes, exceptional climatic conditions preventing production, insurrections, riots, and/or energy shortages. In this case, the Seller affected by the force majeure event shall inform the Customer by e-mail within ten (10) days of the occurrence of the said force majeure event, indicating the duration and foreseeable consequences, and shall do everything in its power to limit the scope thereof. The performance of the obligations shall resume its normal course as soon as the event constituting force majeure has ceased and the Seller has duly informed the Customer. After a period of one (1) month of interruption due to force majeure, the Customer may ask the Seller by e-mail to email@example.com for a refund of the sums deducted.
These General Terms and Conditions of Sale and the order confirmation e-mail sent by the Seller form a contractual whole and constitute the entire contractual relationship between the parties.
In the event that one or more provisions of the General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions of the General Terms and Conditions of Sale shall continue to apply under the same terms and conditions.
The Seller informs Customers that these General Terms and Conditions of Sale may be modified at any time. These modifications are published by putting them online and are deemed to be accepted without reservation by any Customer accessing the Site after they have been put online.
The present General Terms and Conditions of Sale are subject to French law. Any difficulty relating to their application, their interpretation or their consequences will be submitted to the courts of Paris.