GENERAL TERMS & CONDITIONS OF SALE PATYKA

GCS (General Conditions of Sale)

The Website

>The website PATYKA La Boutique (hereinafter the "Website") is an e-commerce website that is accessible via the Internet at http://laboutique.patyka.com. The Website is used by PATYKA COSMETICS SAS, with registered offices at 320 rue Saint-Honoré 75001 PARIS (France), registered with the Paris Registry of Companies under number 791 258 874 00027, to market cosmetic products and fragrances of its brand (hereinafter the "Products") to Web users of the Site (hereinafter the "Website Users").

The Website may be used to order a selection of products from PATYKA, directly online via the Internet for delivery to metropolitan FRANCE, CORSICA ISLAND included, French DOM-TOM (Guadeloupe, Guyane, Nouvelle-Calédonie, La Réunion, Martinique, Mayotte, Polynésie Française, Saint-Barthélemy, Saint-Martin, Saint-Pierre-Et-Miquelon, Wallis-Et-Futuna), MONACO, the UK, SWITZERLAND, IRELAND, SPAIN (except Canaries Islands), PORTUGAL, GREECE, HUNGARY, POLAND, BELGIUM, CZECH REPUBLIC, SLOVAKIA and SLOVENIA.

For the purposes of these General Conditions of Sale, it is agreed that the Website User and PATYKA shall be jointly referred to as the “Parties” and individually referred to as a “Party”, and that Website Users who have confirmed an order shall be referred to as “Purchasers”. Website Users’rights and obligations also apply fully to Purchasers.

Products are intended for the personal use of Website Users, in no direct relation to any professional activity. In this respect, Website Users should note that their order must not exceed a total of five hundred (500) euros (all taxes included). Website Users who wish to purchase via the Website declare that they have full legal capacity.

All orders for Products offered on the Website imply the express acknowledgement and acceptance of these General Conditions of Sale, without said acceptance being contingent on the Website User providing a hand-written signature. In accordance with the provisions of the articles 1316 to 1316-4 of French Civil Code, completed by the Decree n°2001-272 dated from March 30th 2001, for the application of the French Civil Code article 1316-4, confirmation of the order form, as specified in Paragraph 3.3 below, constitutes a contract between PATYKA and website Users for the purchase Products.

The purpose of these General Conditions of Sale is to define the Parties' rights and obligations that arising from the online sale of the Products offered on the Website from France, exclusively as regards the relations the Parties establish on the Internet and solely those formed on the Website. They specify the procedure applicable when placing an order and follow-up of said order by the Parties.

PATYKA reserves the right to update these General Conditions of Sale at any time.

These General Conditions of Sale apply to the exclusion of all other documents.

Products

The Products offered for sale are those listed on the Website, on the date the Website User visits the Website. Photographs featured alongside the Products are for illustration purposes only and do not fall within the scope of the contract; PATYKA shall not be held liable for any errors in illustration.

Products offered are subject to availability while stock lasts. If a product is not available, Website Users shall be informed thereof as soon as possible. If a Product’s unavailability is discovered after the order has been confirmed, Purchasers shall have the option of cancelling their order by requesting either a full refund of the amount paid within a maximum of thirty (30) days after said amount was charged to their account, or requesting an alternative to the unavailable Product(s), by sending an e-mail request to e-boutique@patyka.com.

PATYKA shall not be held liable if products are out of stock unavailable.

Prices – Payment

The prices of the Products are given in euros. They include the VAT applicable on the date of the order. Prices stated do not include delivery costs, which will be invoiced in addition and specified to Website Users when the order is confirmed. The Website User accepts PATYKA’ right to modify its prices at any time; however, the Products will be invoiced on the basis of the prices are those stated on the Website, not with standing typographical errors.

All payments must be made immediately over the internet. Unless the server is unavailable, Website Users may pay with a credit or debit Card (Bleue, Visa, Mastercard). The user will input his card number, the expiry date, the name of the card owner and the 3 security digits. Payments with Card are secured with 3D Secure technology.

Order Terms

The Website may be used to order a selection of products from PATYKA, directly online via the Internet for delivery to metropolitan France, Corsica Island included, French DOM-TOM (Guadeloupe, Guyane, Nouvelle-Calédonie, La Réunion, Martinique, Mayotte, Polynésie Française, Saint-Barthélemy, Saint-Martin, Saint-Pierre-Et-Miquelon, Wallis-Et-Futuna), Monaco, the UK, Switzerland, Ireland, Spain (except Canaries Islands), Portugal, Greece, Hungary, Poland, Belgium, Czech Republic, Slovakia and Slovenia.

Website Users can browse the site contents freely with no obligation to purchase.

Orders paid for with a credit/debit card and placed before 2:00 pm are processed on the same day (if placed on a working day). Otherwise, they are processed on the following working day.

Orders are prepared by the logistics centre located in Paris, France. Then they will be handed over to French parcelforce “Colissimo International”. The average time taken for Purchasers to receive an order is 5 to 14 working days from the day the order is received, depending on the shipping destination. In any event, orders are dispatched at the latest thirty (30) days as from the day following order confirmation.

Products ordered shall be delivered to the address stated by the Purchaser on the order form. The Purchaser undertakes to supply a correct address when placing their order.

PATYKA shall have no liability for any delay or loss caused by the postal services. Delivery is made at the Purchaser’s risk. If a delivery is late, the Purchaser must inform PATYKA customer services department without delay, by e-mail to e-boutique@patyka.com or by regular mail to PATYKA, 104 rue Réaumur 75002 France. PATYKA shall the contact parcelforce in order to initiate an enquiry. Enquiries may take some time. Ownership of Products ordered shall only be transferred to the Purchaser upon full payment of the price of said products, including delivery charges.

Upon receipt of Products ordered, the Purchaser must check that products are compliant. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by Purchaser on the form presented to them when the parcel is delivered and must be notified to PATYKA customer services department without delay, by e-mail to e-boutique@patyka.com or by letter to PATYKA, 104 rue Réaumur 75002 Paris, France. All claims filed more than seven (7) working days following the day of receipt of a delivery will be rejected and PATYKA will be released from all liability.

Right of Cancellation

The Purchaser has seven (7) working days (beginning with the day after the day on which the Purchaser receives the goods) to return, at his/her own expense, any Product(s) ordered if not fully satisfied for any reason. Products must be returned undamaged, in their original packaging, accompanied by the slip on bottom of the invoice or delivery note using standard delivery to the following address: PATYKA, 104 rue Réaumur 75002 Paris, France.

Returns sent with postage due will not be accepted. All Product returns are at the Purchaser’s risk. If the aforementioned conditions are met, PATYKA will refund the full price of the Product(s) to the Purchaser within thirty (30) days.

However, it is acknowledged that PATYKA will refund the return shipping costs if the return results from an error made by PATYKA (non-compliant Products).

Personal Information

Providing personal information collected within the scope of distance sales is required, as such information is needed to process and deliver orders and prepare invoices. Such personal information will be kept strictly confidential. Failing to provide such personal information automatically voids your order. In line with the Data Protection Act, PATYKA is registered with the French Information Commissioner’s Office on the Public Register of Data Controllers. Website Users are entitled to access, modify, correct and delete data concerning them. In order to exercise this right, Website Users must send a letter by post to the following address: PATYKA, 104 rue Réaumur 75002 Paris, France, or email to e-boutique@patyka.com.

Cookies

This Website uses cookies. Cookies are small files placed on the web User’s computer’s hard drive to log previous visits by the user to the website. They help us to improve our site and to deliver a better and more personalised service.

Most browsers accept cookies automatically, but can also be configured not to do so or to indicate when a cookie is being sent. We recommend that you do not disable your browser from accepting cookies, as it will prevent you from moving freely from page to page and from taking advantage of all of the features of the Website.

Force majeure

Neither Party shall be liable for the total or partial non-performance or a delay in performance of its obligations pursuant to this contract that is caused by an event outside of its reasonable control (a Force Majeure Event). Force Majeure Events shall be deemed to include, without limitation, war, riots, insurrection, severe disturbance in the security of the Internet, technical failures, unauthorised access and/or intrusions into the Website's servers, strikes of all natures and computer or telephone failure. If a Party invokes an event that constitutes a Force Majeure Event, it must inform the other Party thereof within five (5) working days of the occurrence or threatened occurrence of said event. The Parties agree that they must consult with each other in a timely manner in order to determine together the terms and conditions of completing orders in case of Force Majeure.

After one (1) month of interruption due to a Force Majeure Event, PATYKA may choose to cancel the order(s), in which case it shall refund the Purchaser where applicable.

Severability

If one or more stipulations of these General Conditions of Sale is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope.

Entire Agreement

These General Conditions of Sale and the order summary sent to the Purchaser together form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of a contradiction between these documents, the General Conditions of Sale shall prevail.

Governing and Law Jurisdiction

These General Conditions of Sale and the contractual relations between PATYKA and the Purchaser shall be governed by the laws of France, regardless the Purchaser country of residence and location the orders are being placed.

In the event of a discrepancy between the General Terms and Conditions of Sale in English and the General Terms and Conditions of Sale in French, the latter shall prevail.

In the event of a dispute, the French courts shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court. PATYKA reserves the right to seek and obtain injunctive or other equitable relief to protect its rights hereunder.

LEGAL ISSUES

Legal Notice

PATYKA wishes you a warm welcome to its website, witch can be accessed at http://laboutique.patyka.com.

By accessing this Site, the visitor (hereinafter the "User") agrees to comply with the terms of use hereafter.

License and Intellectual Property Rights

This site was developed for and is operated by PATYKA. It is the entire Intellectual Property of PATYKA. The Website and all its content (such as the brand, the logos, the images, the pictures, the texts, the video clips…) are the exclusive property of PATYKA COSMETICS SAS, with registered offices at 320 rue Saint-Honoré 75001 PARIS (France), registered with the Paris Registry of Companies under number 791 258 874 00027. You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.

Download is permitted by PATYKA provided only that you make only personal, non-commercial use of such download and/or printed copy.

You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.

Personal Information

PATYKA may collect some personal information about the Users (as for example the following non-exhaustive list: newsletter, contact, subscription, online purchases).

In line with the Data Protection Act, PATYKA is registered with the French Information Commissioner’s Office on the Public Register of Data Controllers. Website Users are entitled to access, modify, correct and delete data concerning them. In order to exercise this right, Website Users must send a letter by post to the following address: PATYKA, 104 rue Réaumur 75002 Paris, France, or email to e-boutique@patyka.com.

No Reliance

a. Use of the Site content:

PATYKA makes an effort to update the content of the Site and to offer Users precise information. However, the User knows that the transmission of data and information on the Internet has only relative technical reliability, as this information circulates on very different types of networks. From this point on, PATYKA cannot guarantee the exactitude of the data on the Site.

b. Access to the Site:

PATYKA makes an effort to maintain accessibility to the Site without being obligated to do so. For reasons of maintenance, updates or any other reason, notably technical, access to the Site can be interrupted. PATYKA is in on way liable for these interruptions or for the consequences that may have for the User.

c. Hypertext links set up on the Site:

The hypertext links placed on the Site can lead the User to other websites of different partners. We emphasise that PATYKA has not verified all of the sites that may be linked to it, nor the content or information contained in these sites, and cannot held responsible or liable for the content of these sites and the use that the User makes of them. The use of these sites by the User is the sole responsibility of the User.

Modification of the Site

PATYKA reserves the right to modify this Site user guide at any moment, particularly in order to respect any new regulation or legislation or to improve the User's consultation of the Site. Any modification of the use of the Site will be included in this user guide.