Terms and conditions of sale
Introduction to General Terms and Conditions
The purpose of these terms and conditions of sale (hereinafter the "Terms and Conditions") is to define the rights and obligations of the parties in connection with the online sale of "Polaar" brand cosmetics (hereinafter the "Products") on the website (https://www.polaar.com/ hereinafter the "Site") by the company of the same name: Polaar (Société par actions simplifiée 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 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 documents sent by the Customer may be incorporated herein without the express written agreement of the Vendor.
Product prices are quoted in euros, inclusive of all taxes. They do not include delivery charges, which are invoiced to the Customer in addition and indicated before the order is validated.
The Vendor reserves the right to modify its prices at any time and without notice. However, Products will 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 - Customer identification
To place an order, the Customer must identify himself by means of his login and password (hereinafter referred to as the "Secure Access Codes"). For all first-time orders, 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 his or her Secure Access Codes. Should the Customer lose or forget his or her Secure Access Codes, he or she may request them again by going to his or her "customer account" and clicking on "I've forgotten my password". He will then receive his Secure Access Codes by e-mail at the address previously indicated when registering on the Site.
3.2 - Order registration and validation
To place an order on the Site, the Customer must add to his/her cart all the Products he/she wishes to purchase by clicking on "Add to cart ". They can then select as many Products as they wish by clicking on "Continue shopping".
Once the selection is complete, the Customer will be invited to check his/her cart by clicking on "My cart ". They will then be able to correct any input errors, particularly concerning the quantities selected. Once the Customer has read the details of his/her order, he/she 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 constitutes a firm and definitive commitment.
For all duly validated and paid orders, the Vendor will send a confirmation e-mail to the Customer, mentioning the order number and details of the Products ordered. A summary of the order will also be displayed in the customer account.
In the event of unavailability of a Product, or in the event of an error on the Site concerning in particular the description, characteristics or price of a Product, the Vendor reserves the right to cancel any order for said Product. The Customer will then be informed by e-mail. The Vendor may then offer the Customer another Product of equivalent quality and price. In the absence of acceptance by the Customer, the Vendor will, where appropriate, 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 Vendor.
Orders can only be paid for on the Site by Visa or Mastercard. In order to proceed with payment, the Customer must provide certain credit card details, including the cardholder's name, credit card number, expiry date and cryptogram number. Payment for 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 bank. In the event of refusal by the bank, the order will be automatically cancelled and the Vendor will be relieved of all obligations and responsibility towards the Customer.
The Vendor 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 in progress.
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. No delivery will be made to a P.O. Box.
All prices and delivery times are available by clicking on the following link: "delivery conditions".
The maximum delivery time may not exceed 30 days from the date of purchase.
Once the order has been dispatched, regardless of the delivery method chosen by the Customer, the latter will receive an e-mail specifying the tracking number for his/her parcel. Customers can track the delivery of their order by clicking on the link provided.
In the event of missing or late delivery, the Customer should send an e-mail to the Vendor at customer.service@polaar.com, who will contact the carrier if necessary, so that an investigation can be carried out. Should the delivery time not be respected, the Customer may also ask the Vendor to cancel the order and reimburse the sums paid under the conditions of common law.
Delivery by Colissimo Suivi or UPS
The Vendor cannot be held responsible for late delivery and/or loss of an order due to an error in the Customer's address.
In the event of the Customer's absence at the time of delivery, the carrier will leave a reviews informing the Customer of the methods and time limits for collecting the parcel, the delivery being deemed to have been made by the Vendor, who is consequently released from all obligations and liability towards the Customer.
5.2 - Delivery and verification of Products
It is the Customer's responsibility to check the number and condition of Products upon receipt.
In the event of any apparent anomaly in the parcel (damaged parcel, open parcel, repackaged parcel, trace of liquid, etc.), the Customer must make the necessary clear and precise reservations with the carrier and/or refuse the parcel.
Any anomaly concerning the delivery of the Products must be notified to the Vendor at customer.service@polaar.com within a maximum of 5 (five) working days from the date of receipt of the package.
After opening the parcel, in the event of a delivery error and/or non-conformity of the Products in kind or in quality in relation to the indications on the order form, the Customer must make a complaint to the Vendor at customer.service@polaar.com within a maximum of 5 (five) working days from the date of receipt of the parcel.
In the event of a justified refusal of a parcel, delivery error or non-conformity of a Product under the above conditions, the Vendor will, at its discretion, either reimburse the Product(s) concerned within 2 (two) weeks, or reship the missing Product(s). The Vendor reserves the right, at his own expense, to ask the Customer to return the Product(s) delivered by mistake and/or damaged in their original packaging. The Products will be reimbursed, where applicable, within a maximum of 2 (two) weeks.
Any claim not made within the rules and deadlines stipulated above cannot be taken into account by the Vendor and will release the Vendor from any obligation and/or liability towards the Customer.
In accordance with the provisions of article L121-20 of the French Consumer Code, the Customer has a period of 28 clear days from the date of receipt of the Products to exercise his/her right of withdrawal and return said Products to the Vendor (date of dispatch serving as proof).
Prior to exercising this right, the Customer must notify the Vendor by e-mail at customer.service@polaar.com, indicating his contact details, the order number and the reference number of the item(s) concerned.
Products must be returned undamaged, in their original packaging, to Polaar, 53 rue du Rocher, 75008 Paris, France, at the Customer's expense and risk.
Upon receipt of the Product(s) at the above address, if the above conditions are met, the Vendor may offer the Customer another Product of equivalent quality and price. In the absence of acceptance by the Customer, the Vendor will refund the Product(s) concerned within a maximum period of 14 days, the remainder of the order remaining firm and definitive.
The characteristics, descriptions, colors, photographs and representations of the Products are presented on the Site as accurately and precisely as possible. However, this information cannot be considered as contractual, and the Seller cannot be held responsible for any errors or differences in assessment that may result.
The Products presented on the Site are available for sale while stocks last. In the event of a Product being out of stock, the Vendor will inform Customers on the Site or immediately when an order is placed. The Vendor may offer the Customer another Product of equivalent quality and price.
Within the framework of the sales contract with the Customer, the Seller acts as Polaar's agent.
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 warrants that the Products are free from any defect or fault which would render them unfit 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 notify the Vendor without delay by e-mail to customer.service@polaar.com and then return the Product concerned to Polaar, 53 rue du Rocher, 75008 Paris, France.
On receipt of the Product in question, the Vendor 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 it does not present any defect or fault whatsoever.
The Vendor shall not be held liable if, in the event of force majeure, events beyond its control or justified necessity, it is obliged to close the Site, cancel one or more orders, or modify the General Terms and Conditions of Sale.
The Vendor is not liable in the event of :
- malicious intervention,
- telephone, internet or mail delivery problems,
- hardware or software problems,
- problems accessing the Site's server,
- destruction of information supplied by customers for reasons not attributable to the Vendor,
- software or hardware malfunctions,
- human or electrical error,
- disturbances that could affect the proper functioning of the Site or the progress of a purchase on the Site.
In all cases, if the proper administrative and/or technical progress of a purchase on the Site is disrupted by a virus, computer bug, unauthorized human intervention or any other cause beyond the control of the Seller, the latter 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 any viruses circulating on the network.
The Vendor may close the Site, cancel or suspend one or more orders, or modify the conditions thereof, if it appears that fraud has taken place in any form whatsoever, in particular by computer. In such a case, the Vendor 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 trademarks, corporate name, logos, designs, models, advertising materials, representations of its Products and, more generally, of all intellectual property rights relating to the Site, its Products, creations and distinctive signs (hereinafter the "Polaar Protected Elements").
The Customer acknowledges that it is forbidden, without the prior written consent of Polaar, in any country, to use and/or exploit Polaar's Protected Elements 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 Vendor and/or Polaar may automatically, to the exclusive detriment of the Customer and without prior notice, terminate any order, without prejudice to all other rights, actions and remedies that Polaar and/or the Vendor may have in order to obtain compensation for any loss it may have suffered as a result of such non-compliance.
Nominative information on the Customer is collected by the Vendor 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 Data Protection Act no. 78-17 of January 6, 1978. Pursuant to articles 38 et seq. of the French Data Protection Act, customers have the right to access, rectify, delete or oppose their personal data by writing to Polaar at 53, rue du Rocher, Paris 75008, France.
In addition, the Vendor will keep data relating to transactions on the Site within the limits of the provisions of law n°78-17 of January 6, 1978.
The Vendor 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, including but not limited to natural disasters, acts of public authority, embargoes, carrier strikes, exceptional weather conditions preventing production, insurrections, riots and/or energy shortages.
In this case, the Seller affected by the event of force majeure will inform the Customer by e-mail within ten (10) days of the occurrence of the said event of force majeure, indicating its duration and foreseeable consequences, and will make every effort to limit its scope.
The performance of the obligations will resume its normal course as soon as the event constituting force majeure has ceased and the Vendor has duly informed the Customer. After a period of one (1) month of interruption due to force majeure, the Customer may ask the Vendor by e-mail to customer.service@polaar.com for a refund of the sums deducted.
The present General Terms and Conditions of Sale and the order confirmation e-mail sent by the Vendor form a contractual whole and constitute the entire contractual relationship between the parties.
In the event that one or more stipulations of the General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations of the General Terms and Conditions of Sale will continue to apply under the same terms and conditions.
The Vendor informs Customers that these General Terms and Conditions of Sale may be modified at any time. These modifications are published online and are deemed to have been accepted without reservation by any Customer accessing the Site after they have been posted online.
These General Terms and Conditions of Sale are governed by French law. Any difficulty relating to their application, interpretation or consequences shall be submitted to the Paris courts.