General terms and conditions of sale for items on the city of Paris' online shop : www.boutique-paris.fr

 

Introduction

Through this online shop, the City of Paris wishes to popularize and extend its areas of expertise such as support for creation, innovation, culture or education, for example. It also intends to provide a better service to the public via this shop, as well as provide support in terms of visibility and recognition of innovative approaches, and help enhance Paris' reputation both in France and overseas. Through its proprietary trademarks, the Mairie de Paris would like to support artists, publishers and manufacturers and contribute to their economic activity through products made in collaboration with these professionals.


As such, the City of Paris sells products derived from brands which it owns and commercialises its goods via the website www.boutique.paris.fr. (hereinafter referred to as the "Website") through orders made by the Customer under the conditions laid down by the present terms and conditions (hereinafter referred to as the "Order").


The City of Paris reserves the right to modify the present terms and conditions of sale by means of publishing a new version of these terms and conditions on the Website, at any time. The general terms and conditions of sale that apply are those in effect on the date the order was confirmed as defined in the present terms and conditions.

 

Article 1: PURPOSE

The general terms and conditions of sale apply exclusively to the online sale of City of Paris products on the "www.boutique.paris.fr" website (hereinafter referred to as the "Products") to buyers who have the status of consumer, and, along with the purchase order, they constitute the contractual documents binding the parties, prevailing over any other document, prospectus, catalogue or photograph which only have indicative value.


The present terms and conditions of sale are established between:
The City of Paris, Hôtel de ville de Paris, Paris 4th, duly represented by the current Mayor (hereinafter referred to as the "Seller") on the one hand,

And
on the other hand, any consumer, as defined under the Law and French case law, acting solely on his own account for purposes that do not fall within the scope of his business, industrial, craft or professional activity, (hereinafter the "Customer") who wishes to make a remote purchase of one or more items (hereinafter the "Order") on the website of the online store of the City of Paris, available at www.boutique.paris.fr (hereinafter the "Site").

The Seller and the Customer are hereinafter referred to individually as the "Party", and collectively as "The Parties".


The Parties agree that their relationship shall be exclusively governed by the present General Terms and Conditions of Sale (hereinafter referred to as the "Terms and Conditions"). The Terms and Conditions are enforceable against the Customer who has acknowledged that he/she has read and agreed to these Terms and Conditions before processing the order by ticking the appropriate box.


The Order confirmation implies that the Customer has fully agreed to the Terms and Conditions in effect on the day of the Order, the conservation and reproduction of which are performed by the Seller.


The Terms and Conditions are made available to Customers on the Website where they can be consulted and printed out, and may also be sent to the Customer upon request in the "Contact us" section on the www.boutique.paris.fr website, or by regular post to the following address: Régie des Boutiques de la Ville, 29 rue de Rivoli, 75 004 Paris.


The Seller reserves the right to adapt, modify or update the General Terms and Conditions of Sale at any time. If they are adapted, modified or updated, the General Terms and Conditions of Sale in effect of the day the Order is made will be applied to each order.


The invalidity of a contractual clause does not invalidate the Terms and Conditions.


The temporary or permanent failure by the Seller to enforce one or more clauses in the Terms and Conditions does not imply a waiver of the other clauses of the Terms and Conditions, which shall continue to have effect.

 

Article 2: PRODUCT CHARACTERISTICS

The Products for sale on the Website will each have a description, with details of their principal characteristics in accordance with the provisions of article L.111-1 of the French Consumer Code in effect on the day of the Order.


The photographs and illustrations which accompany the products presented on the Website have no contractual value.


The Product terms of use, provided that they are needed for its proper use by the Customer, are brought to the Customer's attention on the Delivery day, using any medium deemed appropriate.


Article 3: PRODUCT PRICES

The prices of all Products are expressed in Euros, all taxes included, excluding shipping and/or transport costs mentioned before order confirmation and invoiced as an extra charge. 
The total Order amount owed by the Customer, including delivery and/or transport costs, is indicated on the order confirmation page before the final payment for the Order is made.


The Customer must settle the full amount in one single payment on the website.


The Seller reserves the right to modify the price of all its products at any time, whilst guaranteeing the price in effect on the day of the order confirmation to the buyer on the website.
In the event of a commercial promotion, the Seller undertakes to apply the promotional price on the Article(s) concerned, within the limits of stock available on the day the order is made.


Article 4: RANGE OF PRODUCTS

The range of products on sale on the Website are available, unless aforementioned products are only on sale for a particular stated amount of time, as long as the Products are present on the Website and within the limits of available stock on the day the order is made. 


The Customer accepts the offer presented on the Website by "double-clicking" the confirmation button at the end of the ordering process, defined in article 5 of the present Terms and Conditions.


Article 5: ORDER

The Customer may make an order on the Website. 


In order to make the Order, the Customer is required to follow these steps in the following order:
1. Choose the Product(s) and the quantity of Products needed;
2. Confirm the Products in the shopping basket;
3. Click the "order" button provided on the Website;
4. Provide all the information needed by the Seller to process the order and especially the information relating to the choice of delivery method (delivery charged as an extra, in accordance with article 3 of the present Terms and Conditions) and relating to the payment of the Order;
5. Carefully check the details of the Order and if need be, correct the Order details as necessary by returning to the previous pages of the Website;
6. Click on the "confirm the order" button provided on the Website for final confirmation of the aforementioned order.

 

Any Order which is confirmed under the conditions described above implies the Customer's full acceptance:
-- of the Product characteristics and associated prices;
-- of the terms of delivery by the carrier;
-- of the present Terms and Conditions in effect on the day the aforementioned order was placed.


Communications, purchase Orders and invoices are stored using a reliable and durable backup medium, so as to constitute an exact copy which can be issued as proof of contract.
The Seller reserves the right to cancel or refuse any Order by a Customer for lawful reasons and, in particular, if there is a dispute concerning prior payment or if the quantity of Products ordered is abnormally high for an unknown Customer, under the terms of this agreement.


The Products proposed on the Website are valid, unless a particular duration is otherwise specified, as long as the Products in question feature on the site.


Products are always proposed to the Customer whilst stocks last, as indicated by the terms of article 4 of the present Terms and Conditions.


If one or more Products ordered by the Customer are unavailable, the Seller undertakes to let the Customer know as soon as possible, and at the latest within 72 hours of the Order being placed by the Customer. A product of a similar nature and price may be proposed to the Customer. If the customer does not accept, the seller will refund the Customer at the latest within 30 days of the Order being paid and will cancel the Customer's Order.


Article 6: PAYMENT – RESERVATION OF TITLE –

The Customer makes the full payment for the Order immediately after the Order has been confirmed, in accordance with the conditions laid down in article 5 of the present Terms and Conditions. 


Once the Order payment has been confirmed, the Customer will receive a confirmation email with the order and payment details.


The Seller only accepts payments by Bank Card on the Website, irrespective of the nature of the bank card (French or international).


Only debit cards, Visa and Master Cards are accepted, however. The service provider PayBox Services secures online payments and confirms the bank's authorisation through payment centres. Once the payment has been made, the following summary will appear on the screen:
- Order No.;
- Order details;
- Payment by Bank Card;
- Bank authorisation no.;
- Bank Card no. used, shortened;
- Date and time of the transaction.
The Customer receives the above details by email.


If, for any reason, the payment of the Products cannot be immediately made by the Customer under the conditions laid down above, it is expressly agreed that the Products sold to the Customer on the Website will remain the Seller's property until full payment for the aforementioned Products has been made.

 

Article 7: FIGHT AGAINST CREDIT CARD FRAUD

The information relating to the customer's order shall be subject to automated data processing, which PAYBOX SERVICES is responsible for. The purpose of this automated data processing is to define a level of analysis for a transaction and to fight against credit/debit card fraud. PAYBOX SERVICES and boutique-paris.fr are the recipients of the data relating to the customer order. Without the data transmission relating to the customer order, the transaction cannot be processed or analysed.


In the event of non-payment due to fraudulent use of a bank card, the data related to the unpaid customer order will be recorded in a 'default in payment' file established by PAYBOX SERVICES. An incorrect declaration or anomaly may also be processed.


The Seller reserves the right to check personal data provided by the Customer and to adopt all measures deemed necessary to check that the person whose bank account in debited is the same person who made the order, so as to avoid any fraudulent payments. This verification may involve requesting proof of identity and/or proof of address and/or bank documents (bank account details or void cheque).


The absence of a response to such a request from the Customer within 2 days following the request made by the Seller shall automatically lead to cancellation of the order concerned, without entitlement to any subsequent claim.


The Seller also reserves the right to directly cancel an order which presents one or more risk factors in terms of fraudulent use of a credit/debit card.


Article 8: DELIVERY COSTS, PROCEDURES AND DEADLINES

If the Customer agrees to pay the delivery cost charged in addition to the price of Products in accordance with article 3 of the present Terms and Conditions, the Seller undertakes to deliver the Products within a period of 15 days after receiving the order made by the Customer on the Website in accordance with article 5 of the present Terms and Conditions.


The Seller and Customer expressly agree that the delivery service shall be carried out exclusively by the following carriers and in accordance with the contractual conditions laid down by the aforementioned carriers, according to the country in which the Customer resides and as indicated in the order by the Customer, in accordance with these Terms and Conditions.


Depending on the Client's choice when the order is placed:
- deliveries in mainland France are by Colissimo Access France and Expert France, except for furniture which is delivered only in European Union and without gift wrap;
- deliveries in a European Union member State are by Colissimo Expert International or Chronopost International;
- deliveries to French overseas departments are by Colissimo Expert OM or Chronopost International;
- international deliveries are by Colissimo Expert International or Chronopost International.


The Customer's Order is sent to the delivery address provided by the Customer at the time of order. The Customer may track the order delivery on the carriers' website:
- www.coliposte.fr for shipping with Colissimo
- www.chronopost.fr for shipping with Chronopost


Delivery costs are calculated by weight and size of the order, in accordance with the carrier services' general and special terms and conditions. The Seller shall not be held responsible if the carriers fail to perform any of their obligations.


Each Order is deemed to have been delivered once the Seller has handed over the package to the carrier and it is visible on the carriers' tracking system, for example on La Poste's website for Colissimo and Chronopost.


The delivery of Products by the Seller, under the conditions referred to above, automatically transfers to the Customer the risks related to the safekeeping of Products.


The package sent to the Customer by the carrier includes a detailed invoice of each Product ordered, as well as the delivery charges paid for by the Customer.


Once the package has been delivered, the Customer is responsible for checking the general condition of the package, as well as its contents and its compliance with the order. Any anomaly concerning the Products (Product missing in relation to the purchase order, non-compliant with order made, broken or defective) must be expressed on delivery by means of reserves written on the delivery note and indicated within three days of delivery using the form available in the "Contact us" section of the Website.


The Seller undertakes to contact the customer in order to deal with the claim.

8.1. Withdrawal of the order in a shop
The Customer may choose to withdraw his order without charges, in accordance with Article 5 of the present general conditions of sale on the internet site www.boutique.paris.fr, or in the City Hall shop located at 29, Rue de Rivoli, 75004 Paris. The Vendor agrees to make the products ordered available to the Customer within a maximum of 8 working days from receipt of the order. In case of delay, the Vendor will send the Customer a new date of provision, by e-mail. In the event of failure by the Vendor in its obligation to deliver the products ordered by the new reasonable due date accepted by the Customer, the Customer may cancel his order by sending an explanatory e-mail or letter to the Vendor. This formality will allow him to obtain a refund for his purchase.

Failure to withdraw the order from the shop within 30 calendar days following reservation and/or order of the product(s), will result in its automatic cancellation. In this case, the Vendor shall immediately refund the customer.

8.2. Delivery of the order
The Vendor is bound by the legal guarantee of conformity referred to in Articles L. 211-4 to L. 211-13 of the Consumer Code, as well as the guarantee relating to defects in the item sold, in accordance with the conditions provided by Articles 1641 to 1648 and 2232 of the Civil Code.  

 


Article 9: Cooling-off period and non-compliance

9.1. Cooling-off

In accordance with the provisions of article L.121-20 of the French Consumer Code, the customer has 14 clear days from the Product receipt date to exercise the right to withdraw from the purchase and apply for a refund for the order, without needing to provide a reason.
Should the Customer exercise his/her right to withdraw referred to above, the return of the Product(s) and the refund to the Customer shall take place under the conditions defined in the present Terms and Conditions.


9.2. Non-compliance

In the event of non-compliance of the delivered items, the customer may request an exchange of the item initially ordered or a refund, within 14 clear days from the package receipt date. 
Item returns shall take place under the conditions described in the RETURNS article. Item refunds shall take place under the conditions described in the REIMBURSEMENT article.


Article 10: PRODUCT EXCHANGES AND RETURNS

Any exchange or return must be requested via the "contact us" section of the Website. The Customer, in the event of withdrawal or non-compliance, must send back the Product(s) within 7 days of receiving the package, along with a document confirming the customer's bank details. 


The returned Product(s) must be new, complete, unused, in perfect condition, in their original packaging and accompanied by the original corresponding invoice, as well as the return form duly filled out and signed (available in the "Contact us" section). Otherwise, the return will not be accepted by the Seller.


The Products returned by the Customer to the Seller must imperatively be addressed to the Seller at the following address:

NEOLYS
Pour le Compte de la Boutique de la Mairie de Paris
Parc d'Activités de Parisud
Boulevard  d'Italie
77127 Lieusaint
FRANCE

to be completed according to the choice of service provider.


Should the Customer exercise his/her right to withdraw, in accordance with the applicable legal conditions the return costs shall be borne by the Customer.


In the event of non-compliance of the Product(s), the shipping costs shall be borne by the Seller.


Article 11: REIMBURSEMENT

Once the customer returns the product(s) delivered by exercising his/her right to withdraw or in the event of non-compliance, under the conditions described in the present Terms and Conditions the Seller undertakes to reimburse the returned product(s) within 30 working days of the Seller receiving the products. 
The refund is made by crediting the customer's bank account.


Article 12: LEGAL GUARANTEES

In accordance with the regulations in force, the Seller undertakes to respect the legal obligations concerning the guarantees linked to the Products sold on the website and which appear in articles L.211-4, L.211-5, L.211-12 and L.211-13 of the French Consumer Code and in articles 1641 and 1648 of the French Civil Code. 
Customers have 3 days following the delivery date to make any complaint or claim about any obvious defects in the delivered Products, using the "contact us" form. After this deadline, the items are deemed to be compliant and free of any obvious defects, and no claim can realistically be accepted by the Seller.

12.1. Legal guarantee of conformity

Article L.211-4 of the Consumer Code: "The seller must deliver a product in conformity with the contract and is liable for any non-conformity present upon its delivery. It is also liable for non-conformities resulting from the packaging, the instructions for assembly or installation when this was put under its responsibility by the contract or carried out under its responsibility".

Article L.211-5 of the Consumer Code: "To comply with the contract, the item must:
1. Be suitable for the purpose usually expected of a similar item and if applicable:
- correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect given the public statements made by the seller, the producer or its representative, particularly in advertising or labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any particular purpose sought by the buyer and made known to the seller who agreed to this".

Article L.211-12 of the Consumer Code: "The action resulting from lack of conformity is two years from delivery of the item".


12.2. Legal guarantee for defects in the item sold

Article 1641 of the Civil Code: "The seller must guarantee against hidden defects in the item sold which renders it unfit for the use for which it was intended or which so impairs its use that the buyer would not have acquired it, or would have paid a lower price if he had known".

Article 1648 paragraph 1 of the Civil Code: "The action resulting from hidden defects must be brought by the purchaser within two years after discovery of the defect".

 


Article 13: INDUSTRIAL AND INTELLECTUAL PROPERTY

Elements displayed on the Website, such as photographs, visuals, texts, drawings and images, which are the exclusive property of the City of Paris, are protected by copyright, trademark law and patent law. Any reproduction and/or dissemination of these elements without prior written consent from the City of Paris will cause offenders to be liable to prosecution. 


Article 14: DATA PROTECTION

The collection of personal data, its usage for order processing and the compilation of customer files and their dissemination to third parties responsible for orders and payments require consent from the person in question. 


The Seller is responsible for processing personal data, which are kept solely to make sure orders are properly administered and for commercial relations and shall be declared to the CNIL.


The Seller undertakes to respect the provisions of the law n° 78-10 of January 6th 1978, "The French Data Protection Act", amended in August 2004.


The Customer has a right to access, amend, rectify, and delete his/her details at any time, in accordance with the aforementioned law n° 78-17 of January 6th 1978.


To exercise this right, the customer simply needs to send a request using the "contact us" form on the Website.


Article 15: APPLICABLE LAW - LITIGATION

The contract and the General Terms and Conditions of Sale are governed by French law. 
In the event of a dispute, the Parties will attempt to reach an out-of-court solution before any legal action following a claim made to the City of Paris 'Régie des Boutiques de la Ville', via registered mail with acknowledgement of receipt, within ten (10) days of the dispute arising, to the following address: Régie des Boutiques de la Ville, 29 rue de Rivoli, 75 004 Paris.
If an out-of-court settlement is not reached, any dispute arising from the contract and the General Terms and Conditions of Sale will be submitted to the competent French courts.

The Mairie de Paris boutique is a production of the Marketing and Communication of Brands Department of the Information and Communication Directorate – 4 rue Lobau – 75004 Paris.


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