GENERAL TERMS AND CONDITIONS
1 - Object and Acceptance of the General Terms and Conditions
Qiriness welcomes you to its website, accessible at the following URL: www.qiriness.com
The Site Qiriness France (hereinafter referred to as the "Site") published by Qiriness (Simplified Stock Company with a capital of € 139,990, 22, quai Galliéni, 92150 Suresnes, RCS 448995274, Director of Publication Ms. Beilvert, Tel. 0811.701.748 call without surcharge for order follow-up), hereinafter referred to as the "Seller", offers cosmetic products for sale to consumers in metropolitan France. For the purposes hereof, it is agreed that the consumer who has validated an order will then be referred to as "Purchaser".
The contract language used by Qiriness is the French language.
It is possible to save or print these General Conditions of Sale, provided you do not modify them.
The present General Terms and Conditions are valid from Septembre 15th, 2020.
The Seller reserves the right to modify the present General Terms and Conditions and specific sales conditions at any time, without notice, with the understanding that such modifications are not applicable to orders previously accepted and confirmed by Purchaser.
2 - Products Sold on Site
Purchaser may, prior to his order, learn more about the main characteristics of the products on the Qiriness France Site.
The sales offers are valid as long as they are proposed on the Site.
3 – Prices
The prices shown on this Site are indicated in Euro all taxes included, excluding postage, for deliveries in metropolitan France.
They are subject to variations during the year, it being understood that the products ordered are invoiced at the prices in force at the time of the order.
The section My Cart and the order summary outlines the costs of packaging and shipping to the Customer in addition to the price of the products.
Prices include tax (VAT) applicable on the day of the order and any change in the applicable rate will be automatically adjusted in the price of products sold by Seller on the Site.
4 – Orders
In the case of natural persons, the Customer declares that they are at least 18 years of age and has the legal capacity or parental authorisation to place an order on the Site. The Customer guarantees the veracity and accuracy of the information that they communicate during their purchase.
To purchase Qiriness Products, you must click on the product on the Site catalogue, open a customer account under "My Account” and fill in the form accessible in the section "My cart" (the mandatory sections are indicated by an asterisk). We invite you to read carefully the summary that appears on the screen, before confirming your order and proceeding to payment online. The sale of the Qiriness Products is definitively concluded at the time of the payment of the order; up to this point, you can cancel the current order or rectify errors.
The order can be printed. The Seller recommends that the Purchaser retain the information contained in the order confirmation sent by the Seller on a paper or computerised document.
Upon registration of the order, a detailed acknowledgement of the order will be sent to the Purchaser, at the email address that they will have indicated.
This acknowledgement of receipt recalls the exact amount invoiced and the terms of delivery of the order. We invite you to keep it to facilitate the tracking of your order.
5 - Payments
All orders are payable in euros.
To pay for the order, the Purchaser disposes of the following payment methods: Visa or Master Card credit cards, or PayPal account.
Purchaser guarantees to Seller that he is in possession of the authorizations necessary to use the method of payment selected during the placement of the order.
The management of the payment is ensured by a platform outside Qiriness, managed and secured according to the choice of the Buyer either by PayPal (PayPal (Europe) S.A.R.L.). et Cie, Société en Commandite par Actions, RCS Luxembourg B 118 349, 22-24 Boulevard Royal, L-2449 Luxembourg) or by 3D SECURE / BNP PARIBAS (Société Anonyme au capital de 2492414944 euros, RCS Paris n° 662 042 449, Orias N°07 022 735, Identifiant C.E. FR76662042449, 16 bd des Italiens - 75009 Paris).
6 – Delivery
Orders are processed and sent during work days (from Monday to Friday, excluding public holidays). Delivery takes an average of 10 days from receipt of the purchase order, and a maximum of 30 days from receipt of the order form.
In Metropolitan France, Monaco and Corsica, delivery is made by Colissimo Expert to the delivery address specified by the Purchaser at the time of the order. With Colissimo Expert delivery, orders are usually delivered within eight working days of shipment.
Abroad, delivery is made by DHL and only in the following countries: United Kingdom, Belgium, Netherlands, Luxembourg, Italy, Spain, Portugal, Germany, Switzerland, Austria, United States and Canada. With DHL delivery, orders are usually delivered within eight working days of shipment.
It is recalled that the French Overseas Departments and Territories constitute customs territories distinct from metropolitan France, where delivery is not provided by Qiriness. The same applies to countries outside the European Union. The Buyer who nevertheless organizes a delivery on these territories takes the risk of being liable for important customs duties and taxes, the amount of which cannot be calculated in advance.
Delivery times depend on delivery areas and can take an additional 2 days, excluding customs controls.
Delivery charges apply per package. One order can only have one delivery address. To send the same package to multiple addresses, one order for each address must be placed.
The responsibility for erroneous or missing information in the delivery address and the identity of the Buyer is incumbent on him, as this information cannot materially be verified by Qiriness.
We recommend that you check the number, references and condition of the Qiriness Products at reception and in the presence of the carrier or postman or postwoman, and then express your reservations on the delivery or reception slip. If it is not possible to check the Qiriness Products in the presence of the carrier or the postman or post woman, we recommend that you indicate "subject to reservations" on the delivery or reception slips that may be presented for your signature at delivery of your order and then, upon delivery, unpack and carefully check the condition and conformity of the Qiriness Products. We advise you to inform us as soon as you receive the packages and in writing of any defect or non-conformity. If it appears likely that a defect has been caused by the postal services, we advise you to file a complaint with your Post Office and send us a copy.
The contact details of all requests concerning after-sales and claims can be found in Section 9.2.
7 – Information of the consumer on the guarantees at his disposal - Order of 18.12.2014
The seller is bound:
1. any lack of conformity of the goods to the contract under the conditions of article L. 217-4 et seq. of the French Consumer Code, and
2. hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the Civil Code
When acting as a legal guarantee of conformity, the consumer :
has a period of two years from delivery of the goods to act;
can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code ;
3. is exempt from having to provide proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity shall apply independently of any commercial guarantee that may have been granted.
If the consumer decides to implement the legal guarantee against hidden defects of the thing sold, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Article L. 217-9 of the French Consumer Code: « In the event of a lack of conformity, the buyer chooses between repairing or replacing the goods. The seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible, according to the method not chosen by the buyer. »
Article L. 217-10 of the Consumer Code: « If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded. »
The same faculty is open to him:
1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, taking into account the nature of the goods and the use he is seeking.
However, the sale may not be rescinded if the lack of conformity is minor".
In case of non-conformity of the product, in particular because of an anomaly or an error on the references delivered:
- the Vendor sends the exchange product at his expense, on condition that the Buyer first returns the product to the Vendor in the state in which the Buyer received it.
- The Buyer may choose to return the product to the Seller and obtain a refund, which will be made within a maximum period of 30 days following the Buyer's request.
The cost of returning the non-conforming product will be reimbursed by the Seller.
Claims under the legal guarantee of conformity or the guarantee of defects of the item sold should be addressed to :
Mail: Qiriness - Service Après-Vente - 22 quai Galliéni - 92 150 Suresnes – France
8- Information concerning the exercise of the right of withdrawal - Appendix to Article R221-3 of the Consumer Code
You have the right to withdraw from this contract without giving reasons within fourteen days.
The withdrawal period shall expire fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
In order to exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to the following address:
Qiriness - Service Après-Vente - 22 quai Galliéni - 92160 Suresnes - France, tel 0 811 701 748 30, fax 01 47 28 80 57, firstname.lastname@example.org. You can use the model withdrawal form but it is not compulsory.
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this Agreement, we will refund all payments received from you, including delivery charges (except for any additional charges arising from you choosing, where applicable, a method of delivery other than the cheaper standard method of delivery offered by us) without undue delay and in any event no later than fourteen days from the day we are informed of your decision to withdraw from this Agreement. We will make the refund using the same means of payment that you used for the original transaction, unless you expressly agree to a different means; in any event, this refund will not incur any cost to you. We may defer the refund until we have received the goods or until you have provided proof of shipment of the goods, whichever comes first. You must return or return the goods to us or to E-Shop / Qiriness - EURODISLOG (Quai OUEST - Bâtiment SOA 2 - Z.A.C des Bethunes - Avenue du Fond de Vaux - 95310 Saint Ouen l'Aumône France) without undue delay and, in any event, no later than fourteen days after you have notified us of your decision to withdraw from this contract. This time limit is deemed to have been respected if you return the goods before the fourteen-day period expires. You shall bear the direct costs of returning the goods. Your responsibility is only engaged with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the good.
MODEL WITHDRAWAL FORM
Appendix to Article R221-1 of the Consumer Code
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of Qiriness
22 quai Galliéni
92150 Suresnes, France
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of goods (*)/provision of services (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of the consumer(s) :
Signature of the consumer(s) (only in case of notification of this form on paper):
(*) Strike out what does not apply.
INFORMATION ON THE CASES WHERE THE CONSUMER CANNOT BENEFIT FROM THE RIGHT OF RETRACTION IN APPLICATION OF ARTICLES L221-28 OF THE CONSUMER CODE
In accordance with Article L221-28 of the Consumer Code: «The right of withdrawal may not be exercised for contracts: ...
3° For the supply of goods made according to the consumer's specifications or clearly personalised;
4° For the supply of goods likely to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles.»
9 - Instructions for Returns
Whatever the reason for returning products to Seller, Purchaser is advised to follow these instructions to facilitate the return process:
1. Use the original packaging to return the product and in a perfect condition for resale. For hygiene purposes, cosmetic products must be returned in their complete, original packaging, undamaged and in perfect condition for resale. Any product that has been opened or damaged, or any original packaging that has been damaged will not be reimbursed, accepted for return or exchanged.
2 Fill out and enclose a copy of the order delivery receipt, accompanied by a letter containing the following information – name, address, telephone number, order number and e-mail address.
3. Send the package to the following address:
Attention: E-Shop / Qiriness
Bâtiment SOA 2
Z.A.C des Bethunes
Avenue du Fond de Vaux
95310 Saint Ouen l’Aumône France
Any and all risks linked to the return of the product remain the Purchaser’s responsibility.
The return shipping expenses are to be paid by Purchaser. In the event of a damaged or faulty product, or if the product received is not the product originally ordered, the return shipping expenses will be refunded.
10 - Liability
The Seller shall not be held responsible for non-fulfillment of the contract in case of stock rupture or in the event of unavailability of the product due to force majeure.
11- Disputes and Applicable Law
The present General Terms and Conditions as well as the sale of Qiriness products are subject to French law.
All claims relating to the interpretation, performance or breach of contract concluded between Seller and Purchaser are the exclusive jurisdiction of the French courts.