General terms for online sales of products by the company costes products via the internet site www.hotelcostes.com
The vendor is the COSTES PRODUCTS company, a private limited company listed with the PARIS Trade and Companies Register under the number 453 578 742, the head office of which is located at 336-340 rue Saint-Honoré – 75001 PARIS.
The COSTES PRODUCTS company is the licensed distributor of the SAINT HONORE company, a public limited company with capital of €5 million, the head office of which is at 239-241 rue Saint Honoré – 75001 PARIS, listed with the PARIS TCR under the number B 384.545.513.
The COSTES PRODUCTS company provides customers with the possibility of buying products on the Internet site of the SAINT HONORE company, at the following address: www.hotelcostes.com
The COSTES PRODUCTS company can be reached at the following telephone number: +33 (0)1 76 60 02 00, but also by e-mail, sent to the following address: firstname.lastname@example.org
The intra-community VAT number of the COSTES PRODUCTS company is: FR62 453 578 742
The host of the Costes Hotel Internet site is: Spill, 129 rue de Turenne – 75003 PARIS
E-mail address: email@example.com
The Publication director is Spill.net.
The Editorial Manager is Joan Costes.
The site is hosted by the company: Spill.net
The Internet site of the SAINT HONORE company can be used to purchase products sold by the COSTES PRODUCTS company, namely:
- Perfumes and derivative products, including scented candles
- Beauty products
Every online reservation presupposes the customer's unconditional acceptance of the present general terms of sale. The customer confirms having reviewed and accepted the general terms of sale by ticking the box "By ticking this box, I confirm having reviewed the General Terms of Sale, and that I accept them".
The general terms of sale of the COSTES PRODUCTS company for the COSTES HOTEL are available to customers on the vendor's site, where they can be openly reviewed.
The order's validation through his/her confirmation means that the buyer accepts the present general terms of sale of the COSTES PRODUCTS company, the retention and reproduction of which are assured by the COSTES PRODUCTS company in compliance with article 1369-4 of the Civil Code.
No purchase is possible without this agreement.
The customer acknowledges having obtained, from the COSTES PRODUCTS company, all necessary information on the site http://www.hotelcostes.com/.
The customer can save or print a copy of the present general terms by using the standard functionalities of his/her browser or computer.
The general terms of sale are only available in French and in English.
By using this site, the customer confirms that s/he is an adult with legal capacity, and guarantees the truthfulness and accuracy of the provided information. Any fraudulent or inappropriate usage by the customer in his/her name or on behalf of a third party can result in refusal of the customer's access to the services of the SAINT HONORE company and/or COSTES PRODUCTS, as well as possible financial liability.
The COSTES PRODUCTS company reserves the right to modify its general terms of sale at any time.
In case of modification of the general terms of sale, the applicable general terms of sale are the ones that were in effect on the order date, a copy of which with the current date can be provided to the consumer when requested.
The purpose of the present general terms is to define the rights and obligations of the parties within the framework of the online sale of goods and services proposed to the buyer by the vendor.
The present terms only relate to purchases made by buyers located in France, and exclusively delivered within France.
For any delivery outside of France, a message must be sent to firstname.lastname@example.org.
The SAINT HONORE and COSTES PRODUCTS companies cannot be held liable for damages of any kind that could result from changes and/or temporary downtime or even the definitive closing of all or part of the site or of its associated services, such as the online reservation area.
The customer places orders on the website web www.hotelcostes.com.
Prior to any order, the customer undertakes to provide the information requested at the time of the creation of his/her customer record and customer account.
The order notably includes the following steps:
1. Step 1: The customer clicks on the "shop" link, then makes his/her choice by browsing within the online shop, using the hypertext links that are associated with the various product ranges available for sale.
2. Step 2: The customer places the selected product in his/her basket by clicking on it.
3. Step 3: A summary listing all of his/her choices and the total order price appears in the basket, while simply clicking on the "basket" link will call up this information; at this point, the delivery costs are not yet shown since they depend on the delivery address.
4. Step 4: The customer must ensure that all displayed information complies with his/her data and selected products; it will not be possible to modify this information after the order is validated in step 10; prior to step 10, the customer can at any time modify his/her reservation by returning to the previous pages.
5. Step 5: Creation of a customer account or connection to the customer account if the customer already has a customer account.
6. Step 6: choice of the delivery address and delivery provisions. At this point, the customer is informed of how long it will take for the order's delivery.
7. Step 7: Indication of the customer's contact details, if relevant.
8. Step 8: Review and acceptance of the general terms of sale.
9. Step 9: Indication of the bank details for the payment.
10. Step 10: Order validation by the customer. The contract is now validly in effect.
11. Step 11: As soon as possible, by e-mail, the COSTES PRODUCTS company provides the customer with an acknowledgment of receipt as confirmation of his/her order, that lists the main elements such as the identification of the ordered products, the price and the quantity.
All indications contained in this order confirmation e-mail will be considered as comprising the agreement between the customer and the COSTES PRODUCTS company.
The online indication of the buyer's bank details and the order's final validation serve as proof of the buyer's approval, and will confirm:
- the payability of the sums owed pursuant to the purchase order.
- the signing and formal acceptance of all completed operations.
In case of fraudulent usage of the buyer's bank details, the latter is asked, as soon as this fraudulent usage has come to light, to contact +33 (0)1 76 60 02 00.
The contractual information will be confirmed by e-mail at the latest at the time of the delivery or, failing that, sent to the address indicated by the buyer when placing the order.
The computerized logs retained in the vendor's information systems, under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and lasting medium that can be produced for evidentiary purposes.
Delivery is made only after confirmation of the payment by the vendor's banking organisation.
The ordered products are delivered by Colissimo.
Deliveries are not made to campsites, hotels, postes restantes or P.O. Box addresses. Products are delivered to the address given by the purchaser on the order form; purchasers must ensure that it is accurate. All packages returned to the vendor due to an erroneous or incomplete delivery address shall be redelivered at the purchaser's expense. Purchasers may, on request, have an invoice sent to the billing address, not to the delivery address, by choosing the option to this effect on the order form.
If the purchaser is absent on the delivery day, the delivery agent shall leave an attempted delivery notice in the letterbox, which will enable the package to be picked up in the location indicated, for the period indicated.
If, when the package is delivered, the original packaging is damaged, torn or has been opened, the purchaser must then check the condition of the items. If they have been damaged the purchaser must in all cases reject the package, and write a reservation on the delivery slip (package refused due to being opened or damaged).
The purchaser must state on the delivery slip, in the form of handwritten reservations, accompanied by their signature, any irregularities affecting the delivery (damage, product listed in the delivery slip but missing, damaged package, broken products, etc.).
This check is considered to have been made if the purchaser, or a person authorised by them, has signed the delivery slip.
The purchaser must then confirm these reservations by registered letter to the carrier at the latest within two working days following receipt of the item or items, and send a copy of this letter by fax or standard letter to the vendor at the address given in the site's legal notice.
If the products must be returned to the vendor, they must be the subject of a return request to the vendor within 14 days following delivery. No complaint made after this period can be accepted. Product returns can be accepted only for products in their original condition (packaging, accessories, operating instructions, etc.).
On the delivery date or at the latest on the first business day after delivery, the buyer must provide the vendor with any complaints regarding delivery errors and/or non-compliance of the products in terms of their nature or quality relative to the indications provided in the order form. Any complaint submitted after this time will be rejected.
At the buyer's choice, complaints can be submitted: by telephone: +33 (0)1 76 60 02 00, or by e-mail: email@example.com
Any complaint not submitted according to the above rules and within the allotted timeframes will be disregarded and will release the vendor from all liability relative to the buyer.
Upon receiving the complaint, the vendor will assign an exchange number for the product(s) in question, and will indicate it to the buyer by e-mail. No product can be exchanged without first having been assigned an exchange number.
In case of delivery error or exchange, any product intended to be exchanged or reimbursed must be returned to the vendor in its entirety and in its original packaging, using the Registered Colissimo service, sent to the following address: Costes Products For the attention of Lahlal Rouabah.
Return costs are at the vendor's expense.
In accordance with the laws in force, the seller shall hold the buyer harmless from all the consequences of any hidden defects in the products sold.
The seller shall be liable for the non-conformity of the products and for defects which are crippling on the conditions of Articles L. 217-4 and the following of the Consumer Code, and Articles 1641 and the following of the Civil Code.
Indeed, Article L. 217-4 of the Consumer Code states that :
« The seller is required to deliver a product which complies with the contract and is liable for any non-conformity established at the time of delivery. It is also responsible for non-conformity resulting from the packaging, the assembly instructions, the installation when it is incumbent upon the seller under the contract or has been carried out under its responsibility. ».
Article. L. 217-5 of the Consumer Code states that:
"In order to be compliant with the contract, the good must:
1° if it is fit for the use commonly expected of a similar product and, as the case may be:
- if it corresponds to the description given by the seller and displays the qualities which the seller presented to the buyer in sample form or as a model;
- if it displays the qualities which a buyer can legitimately expect in light of the public statements made by the seller, by the manufacturer or by its representative in particular in the advertising or labelling;
2° or if it displays the characteristics defined by joint agreement of the parties or is fit for any special use sought by the buyer, notified to the seller and if the seller has accepted. »
Article L 217-12 of the Consumer Code states that:
"Legal action resulting from a lack of conformity is time-barred after two years as from delivery of the good."
Finally, Articles 1641 and 1648 paragraph 2 of the Civil Code state that:
➢ Article 1641 of the Civil Code:
"The vendor is bound by the guarantee against hidden flaws of the sold good which make it unfit for the use for which it is intended, or which reduce this use to such a degree that the purchaser would not have purchased it, or would have given only a lower price for it, had they been aware of the flaws.
➢ Article 1648 of the Civil Code:
"Legal action resulting from prohibitive defects must be brought by the purchaser within a period of two years as from the discovery of the defect.
In the case set out by Article 1642-1, the legal action must be brought, under penalty of estoppel, within one year following the date on which the vendor can be discharged from liability for visible flaws or for a lack of conformity."
The purchaser is expressly informed that the vendor is not the producer of all the products presented within the meaning of law no. 98-389 of 19 May 1998 on liability due to defective products.
The products governed by the present general terms are the ones shown on the vendor's Internet site, and that are indicated as sold and shipped by the seller. They are proposed within the limits of the available stocks.
The products are described and presented as accurately as possible. However, the vendor cannot be held liable in the event of any errors or omissions in this presentation.
The photographs of the products are not contractually binding.
The vendor reserves the right to modify its prices at any time, but undertakes to apply the applicable prices indicated at the time of the order, subject to availability on that date.
The prices are indicated in euros. They do not include delivery costs that are added to the prices and indicated before the order's validation. The prices include the VAT applicable on the order date and any change in the applicable VAT rate will automatically be applied to the price of the products in the online shop. The entire price must be paid when placing the order. At no time can the amounts paid be considered as a deposit or payment on account.
In the event of the creation or modification of one or more taxes or levies, notably pertaining to the environment, this upward or downward change will be reflected in the sale price of the product.
When paying for the order, the buyer has access to all of the payment methods made available by the vendor, as listed on the vendor's site. The buyer guarantees to the vendor that s/he has whatever authorisation may be necessary in order to use the payment method selected at the time of the order form's validation. The vendor reserves the right to suspend all order management and delivery in the event that authorisation for payment by bank card is refused by officially accredited institutions, or in case of non-payment. The vendor notably reserves the right to refuse to carry out a delivery or to honour an order coming from a buyer that had not totally or partially paid for a previous order, or with whom a payment dispute is in progress. The vendor has set up an order verification procedure intended to ensure that no one can use the banking details of any other person without the knowledge of the latter.
As part of this verification, the buyer can be asked to submit, by fax, a copy of his/her identification document as well as a proof of residence. The order will then only be validated after these submitted documents have been received and verified by the vendor.
Article L 221-18 of the Consumer Code stipulates that:
« The consumer is entitled to fourteen days to exercise his right of withdrawal from a contract concluded remotely, following phone marketing or a sale made off-premises, without having to indicate the reason for his decision or to bear any costs other than those stipulated in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph begins on the date:
1) of the conclusion of the contract, for service contracts and those mentioned in Article L. 221-4;
2) of the receipt of the product by the consumer or a third party, other than the transporter, appointed by it, for contracts for the sale of products. For contracts concluded off-premises, the consumer may exercise his right to withdrawal beginning on the date of the conclusion of the contract.
In the case of an order covering several items delivered separately, or in the case of an order for an item consisting of multiple batches or parts, delivery of which is staggered over a determined period, the period runs from receipt of the final item or batch, or of the final part.
For contracts stipulating the regular delivery of products during a specific period, the period begins on the date of the receipt of the first product. »
However, Article L 121-21-8 of the Consumer Code states that:
"The right of withdrawal cannot be exercised in the case of contracts:
1) For the supply of services which are performed in full before the end of the cooling-off period, performance of which began after an express, prior agreement of the consumer, and an express waiver of their right of withdrawal;
2) For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional which may occur during the cooling-off period;
3) For the supply of goods manufactured according to the consumer's specifications or which are clearly customised;
4) For the supply of goods which may rapidly deteriorate or perish;
5) For the supply of goods which have had their seals removed by the consumer after delivery, and which cannot be returned for health or hygiene reasons;
6) For the supply of goods which, after having been delivered, and due to their nature, are combined with other items in an indissociable manner;
7) For the supply of alcoholic drinks whose delivery is postponed for more than thirty days, and whose value agreed upon sealing the contract depends on fluctuations in the market beyond the control of the professional;
8) For maintenance or repair work to be undertaken urgently at the consumer's home, and expressly requested by them, confined solely to spare parts and work strictly required to deal with the emergency;
9) For the supply of audio or video recordings or IT applications, if their seals have been removed by the consumer after delivery;
10) For the supply of a newspaper, a periodical or a magazine, except in the case of contracts of subscription to these publications;
11) Sealed at a public auction;
12) For accommodation services, other than residential accommodation, for goods transport services, for car rental services, for catering, meals and/or refreshments or leisure activities which must be provided on a given date or during a given period;
13) For the supply of digital content not supplied on a physical medium, performance of which began after prior, express agreement of the consumer, and after an express waiver of their right of withdrawal."
Thus, in accordance with the provisions of the Consumer Code, the purchaser has a period of 14 days from the date of delivery of their order to return any item which they do not consider suitable, and to request an exchange or reimbursement without penalty, except for the return costs, which remain payable by the purchaser.
Only products returned in their entirety, in their complete, intact original packaging, in perfect resale condition, shall be taken back. Any product which has been damaged, or whose original packaging has been damaged, shall be neither refunded nor exchanged.
The purchaser has a 14-day period as from receipt of the order to notify the vendor by email [firstname.lastname@example.org] or postal letter [Costes Products, Delphine Jacquemart, 336 340 rue Saint Honoré, 75001 Paris) of their desire to return the product.
The product must be returned to the vendor, complete, not disassembled, and in its original packaging, by Colissimo, to the following address: Costes Products, Delphine Jacquemart, 336 340 rue Saint Honoré, 75001 Paris, along with by the invoice and the return slip which can be downloaded from the website.
This right of withdrawal is exercised without any penalty, with the understanding that the return costs are payable by the purchaser. In the case of an exchange, the redelivery costs shall be payable by the purchaser.
After the package is checked, and if the returned product is in perfect condition, the COSTES PRODUCTS Company undertakes to reimburse the client within 14 days following the date on which the client notified the COSTES PRODUCTS Company of their right of withdrawal [sic]. However, if the product returned by the Client has not been received by the COSTES PRODUCTS Company within this 14-day period, the client shall then be reimbursed upon receipt of the returned item by [COSTES PRODUCTS Company], or on the date on which the client provides the COSTES PRODUCTS Company with proof that the product in question was dispatched, whichever date is the earliest.
The purchaser shall then be reimbursed by means of a credit into their bank account (secure transaction) in cases of payment by bank card, or by cheque in other cases.
All circumstances outside of the control of the parties that would prevent the normal fulfilment of their obligations are accepted as exemptions from the obligations of the parties, and result in the suspension of these obligations.
The party claiming the above circumstances must immediately so inform the other party of their occurrence, as well as of their disappearance.
Force majeure events are understood to be any facts or circumstances that are irresistible, external to the parties, unforeseeable, inevitable, independent of the will of the parties and that cannot be prevented by the latter, despite all reasonably possible efforts. The events normally accepted by the case law of the French courts and tribunals are expressly considered to be cases of force majeure, in addition to the following: blockage of means of transportation or procurements, earthquakes, fires, storms, flooding, lightning, interruption of telecommunication networks or difficulties specific to the telecommunication networks not operated by the customers.
The parties will meet in order to examine the incidence of the event and to agree to conditions under which the contract's execution can continue. If the force majeure situation continues for more than three months, the present general terms can be terminated by the injured party.
Any complaints related to the purchase of our products can be submitted either by e-mail sent to the address email@example.com or by calling +33 (0)1 76 60 02 00 (price of a local call for calls made within France).
The information provided by the customer on the Internet site is used by the COSTES PRODUCTS company in order to process orders placed on the Internet site and, if relevant, to manage the operation of the Customer Area.
The customer has the right to access, modify, rectify or delete any data relating to him/her. To do so, s/he has only to contact firstname.lastname@example.org.
Pursuant to the amended Data Protection Act of 6 January 1978, the information needed in order to process and carry out the reservation is indicated with an asterisk. Other optional information is requested in order to learn more about the customer and to improve the services offered to the latter.
The processing of the personal data, retained by the vendor solely for the purposes of the correct administration of orders and commercial relations, has been declared to the French Data Protection Authorities (CNIL).
The COSTES PRODUCTS company and the SAINT HONORE company own all of the intellectual property rights relative to the Internet site.
Access to the Internet site grants no right to any of the intellectual property rights relating to the Internet site, which remains the exclusive property of the SAINT HONORE and COSTES PRODUCTS companies.
Elements accessible on the Internet site, notably in the form of text, photographs, images, icons, maps, sounds, videos, software programs and databases are also protected by intellectual and industrial property rights as well as other private rights held by the SAINT HONORE and/or COSTES PRODUCTS companies.
It is expressly forbidden to reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever and by any means whatsoever, or to use in any way, all or part of the Internet site without the prior written authorisation of the SAINT HONORE and/or COSTES PRODUCTS companies.
Usage of all or part of the Internet site without the prior authorisation of the SAINT HONORE and/or COSTES PRODUCTS companies, for any purposes whatsoever, can result in legal proceedings, including an infringement action.
The insertion of hypertext links to any part of the site is prohibited without the prior written authorisation of the SAINT HONORE and/or COSTES PRODUCTS companies.
While every effort is made to ensure that the photographs, graphic presentations and texts reproduced in order to illustrate the presented products provide an overview of the products available for sale that is as accurate as possible, noticeable variations can occur. No customer complaints will be admissible in this regard, provided that these variations do not alter the essential characteristics of the purchased product.
The COSTES PRODUCTS company accepts no liability for any non-performance or poor performance of the sale in case of force majeure, due to the actions of third parties, of the customer or his/her partners, or in case of unavailability of the Internet network, inability to access the website, external intrusion or computer viruses.
The COSTES PRODUCTS company accepts no liability for any indirect damages as a result of these presents, notably operating losses, as a result of actions by third parties, the customer or his/her partners.
The SAINT HONORE and COSTES PRODUCTS companies do not guarantee that the site will be free from defects, errors or bugs, nor that they will be corrected, nor that the site will operate without interruption or breakdown, nor that it is compatible with any particular hardware or configuration.
The SAINT HONORE and COSTES PRODUCTS companies accept no liability for malfunctions attributable to third party software programs.
Under no circumstances can the SAINT HONORE and COSTES PRODUCTS companies be held liable for any type of foreseeable or unforeseeable damage, whether material or immaterial (including lost profits or opportunity…) resulting from the usage of the site or from the total or partial inability to use the site.
The input of the required bank information, as well as the acceptance of the present general terms and the sale confirmation, constitute an electronic signature that, between the parties, has the same value as a handwritten signature.
The computerized logs retained in the information systems of the COSTES PRODUCTS company, under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The customer is informed that his/her IP address is recorded when making a purchase.
The present general terms of sale are governed by French law.
This applies both to the rules regarding its form and its content.
The present general terms of sale express all of the obligations of the parties. No general or specific condition indicated by the customer can be included in the present general terms.
The fact that the SAINT HONORE or COSTES PRODUCTS companies do not claim, at any given moment, any one of the provisions of the present General Terms cannot be interpreted as any waiver of these provisions in the future by the SAINT HONORE or COSTES PRODUCTS companies.
Should any one of the provisions of the General Terms be declared null and void or invalid, it will be considered as not having been written, without this affecting the validity of the other provisions, except if the provision declared null and void or invalid was essential and decisive.
General terms valid as of 1st July 2016