General Conditions of Rental
These are the general conditions of rental (the “General Conditions of Rental") of AC&B, a simplified joint stock company with share capital of €132,480.00, having its registered office at 2 rue Gustave Eiffel, 10430 Rosières près Troyes, identified in the Trade and Companies Register of Troyes under number 539 717 629, operating its business under intra-community VAT number FR9053971762900015 and notably owning the ROMY and ROMY PARIS trade marks, French trade marks relating to premium and innovative cosmetics (“ROMY” or “ROMY Paris”).
1. Purpose and acceptance of the General Conditions of Rental
The General Conditions of Rental are applicable to any on-line order placed on the electronic commerce internet website of ROMY Paris available at the address www.romy.paris (the “Website”) for subscription and rental services proposed by ROMY (the “Subscriptions”) on cosmetic products and an associated formulator (hereinafter referred to as “Figure” and collectively referred to as the “Products”) by a final consumer of full age located in mainland France or in one of the other zones served by ROMY Paris (the “Client"). Use of the Products is governed by the General Conditions of Use, which form an integral part of these General Conditions of Rental.
The purpose of the General Conditions of Rental is to determine the formalities for on-line rental of the Products by ROMY Paris, and the rights and obligations of a Client making an on-line purchase.
ROMY Paris sells and rents the Products appearing on its Website for retail purposes only and to final consumers.
The General Conditions of Rental in force are available at all times on the Website and the Client has the option of saving and/or printing them prior to confirming its order.
The Client shall confirm, by checking the box provided for this purpose, that prior to placing its order it has read and unconditionally accepts the General Conditions of Rental. The Client shall in any event be deemed to have accepted the General Conditions of Rental when it confirms the order.
The General Conditions of Rental applicable to the rental are those in force on the date when the order is placed. Any derogation from the General Conditions of Rental shall only be valid following the prior written agreement of ROMY Paris.
ROMY Paris reserves the right to update the General Conditions of Rental at any time, the new General Conditions of Rental applying to any new delivery made as of the date they are posted on-line.
2. Products offered for rental on the Website
2.1 Description of the Products
In accordance with Article L. 111-1 of the Consumer Code, the Client has the option, prior to its order, of finding out on the Website about the essential features of the Product(s) which he/she wishes to order.
ROMY Paris takes the greatest care in presenting the Products on the Website. Nevertheless, the photographs and graphics illustrating the Products are only illustrative and variations may occur. In the event of a clear difference between the features of the Product and representation of the Product, ROMY Paris shall not be held liable in any circumstances.
The Client is invited to read the description of the Products on the Website and to contact the ROMY Paris Client Department to obtain any additional information, if necessary.
It is expressly stated that the use of Figure requires a connection to the Internet network.
2.2 Availability of the Products
The Products are offered for rental to the extent that stocks are available. ROMY Paris gives no guarantees as to the availability of the Products presented on the Website.
In the event that one or more Products are unavailable after an order has been placed, the Client will be notified by electronic mail sent to the e-mail address given at the time of his/her order and the price representing the missing Product(s) will not be charged or, where applicable, will be refunded to the Client’s bank account or bank card.
Where a Product is purchased by way of pre-order, the Client will be charged on the day when the pre-order is placed.
3. Tariffs for Products shown on the Website
The prices of the Products appearing on the Website are denominated in Euros, inclusive of all taxes.
Packaging and delivery costs may be invoiced separately, depending on the value of the order, and will in any event be confirmed to the Client prior to final confirmation of his/her order.
ROMY Paris reserves the right to change its prices at any time, without any formalities other than making the changes on the Website, the price invoiced to the Client being the price shown when the order is registered.
The terms of an offer may be varied until the Client has confirmed its order in accordance with the provisions set out below. If an order is varied after any change to the prices has taken place, the new prices shall apply automatically.
The price shall be paid in cash at the time of the order and at each term of the rental. No order will be processed unless full payment has been made on that date.
4. Formalities relating to Product orders
In order to place an order on the Website, the Client must be of full age, have legal capacity and have use of a payment method authorised according to the Website.
The rental shall be deemed to accepted once the Client has confirmed payment and received the confirmation email.
The Client acknowledges that, unless there is evidence to the contrary, the data recorded on the Website shall constitute evidence of any transaction between the Client and ROMY Paris.
5. Refusal of an order
ROMY Paris reserves the right to refuse or cancel any order, for a legitimate reason, for example relating to difficulty in supplying a Product, a problem with understanding the order received (illegible document, etc.) or a foreseeable problem concerning the delivery to be made or relating to any anomaly in relation to the order placed on the Website.
In these circumstances, ROMY Paris will send the Client an electronic mail using the e-mail address provided by him/her when the order was placed and will not deduct the sums payable or, where applicable, will reimburse the Client for any sums already received by ROMY Paris in relation to the disputed order.
All orders, irrespective of their origin, shall be paid for on-line, in Euros, using the authorised payment methods offered on the Website.
The Client warrants that he/she has the authorisations required to use the chosen payment method at the time of confirmation of the order. Any payment irregularity shall result in automatic cancellation of the order and/or immediate suspension of delivery of the Product(s).
7. Delivery of the Products
7.1 Place of delivery
The Products shall be delivered to the delivery address given during the ordering process, no later than seven (7) days following confirmation of your order by ROMY Paris for delivery in mainland France. In this regard, it should be noted that (i) Products purchased by way of pre-order will be delivered on the date shown on the Website and (ii) Products can be delivered in mainland France and to any other zone served by ROMY Paris. To find out whether the proposed delivery location falls within the zones served by ROMY, contact should be made with the ROMY Paris Client Department at the address set out in Article 18. No deliveries can be made outside this area.
For any delivery outside mainland France, the delivery period will be referred to in the confirmation email. The Client will have the option of monitoring progress of his/her order using a tracking number. ROMY Paris makes no deliveries to the following countries (this list being indicative and not exhaustive): China, Korea, Taiwan, Singapore, Japan, Hong Kong, Thailand, Cambodia, Vietnam, Malaysia and Mongolia.
ROMY Paris shall not be held liable for any losses resulting from an error made by the Client in the information provided (lost Product, delay in delivery, etc.).
If, on the day of delivery, the Client is not present at the delivery address given when the order was placed, a delivery note will be placed in his/her letterbox, asking him/her to collect his/her package from the carrier’s office within the period shown on the delivery note. After this period, the package will be returned to ROMY Paris.
The Client acknowledges that delivery shall be deemed to be effective when the package is handed over through the letterbox, directly at the Client’s place of residence or at the carrier’s office, as evidenced by the carrier’s proof of delivery.
7.2 Delivery period and cost
The delivery period and cost depend on the method of delivery chosen by the Client when placing his/her order.
In the event of a delay in despatch of the Product(s) ordered within the period indicated on the Website, ROMY Paris shall notify the Client, by electronic mail sent to the email address given by the Client at the time of his/her order, of the potential impact on the delivery date initially given to the Client.
ROMY Paris shall not be held liable for any delay in delivery attributable to the delivery services.
If delivery is not made within the maximum delivery period shown in the order confirmation email, the Client is entitled to cancel his/her order within a maximum period of sixty (60) days from the first day exceeding the delivery period and will be reimbursed for the value of the order cancelled.
For purchases made by way of pre-order, late delivery starts to run as of the first delivery date given at the time of the pre-order.
8. Acceptance of the Products
The Client is responsible for checking the condition of the packaging of the Product(s) and the conformity of the Products upon delivery.
In the event of any damage to the package or any visible anomaly (damaged or open package, etc.) the Client shall explain his/her reservations to the carrier or carrier’s office within a period of forty-eight (48) hours following the delivery date and report the matter to the ROMY Paris Client Department, the contact details of which are set out in Article 18. After examining the Product(s) (which must be returned to ROMY Paris within a period of fourteen (14) days following the delivery date) ROMY Paris may replace or refund them, depending on the circumstances.
9. Subscription to the Services of ROMY Paris
In addition to the outright purchase of its Products (for which the following General Condition of Sales applies: https://romy.paris/en/gcs), ROMY Paris also offers Subscriptions for use of its Products.
ROMY Paris reserves the right to terminate the subscription in the event of fraud.
Under the Rental Subscription, Figure shall remain the exclusive property of ROMY Paris, and cannot be assigned or seized. Figure shall not in any circumstances be assigned, rented or loaned to a third party in any form whatsoever. The Client shall have the status of custodian of Figure as of delivery of Figure and until it is returned to ROMY in accordance with Article 1242 of the Civil Code. The Client undertakes to retain Figure throughout the term of the Subscription and to treat it with due care.
A security deposit of €200 shall be paid to ROMY Paris by the Client when the first payment is made. If the product has not been damaged, this deposit shall be repaid to the Client within a period of fifteen (15) days from the return of Figure.
Throughout the term of the Rental Subscription, the Client undertakes to use Figure in accordance with its purpose and for its normal expected use and to read the instruction documents provided by ROMY Paris.
In the event of breakdown of Figure, the Client shall notify ROMY Paris immediately and return Figure by parcel in the post, in its original packaging to ensure appropriate protection, to the address and in accordance with the procedures notified to him/her. In the event of a breakdown which does not result from an inherent defect of Figure or from circumstances of force majeure, the repair costs of Figure, once the estimate has been accepted by the Client, shall be invoiced to the Client; refusal of the estimate shall result in immediate termination of the Rental Subscription at the Client’s initiative. Maintenance of Figure shall be carried out exclusively by ROMY Paris or any service provider of its choice.
In the event that Figure is lost or stolen, the Client undertakes to inform ROMY Paris. The Client agrees to make a declaration to the competent authorities in the event of theft and to send a copy to ROMY Paris. Once ROMY Paris has been notified of loss or theft the Subscription shall be terminated immediately at the Client’s initiative.
The Rental Subscription shall take effect as of its acceptance by ROMY Paris and shall be contracted for a fixed initial period of twelve (12) months. The Rental Subscription shall be renewed by tacit agreement for successive periods of twelve (12) months.
The Rental of Figure shall be contracted at the monthly tariff appearing on the Website at the time of the subscription.
If the Client wishes to purchase the Figure which he/she is renting, ROMY Paris shall deduct the security deposit and the first three (3) rental payments from the purchase price.
The rental amount and the amount of the initial payment shall be as set out on the Website at the time of the subscription and at the renewal of the rental. These amounts shall be expressed in Euros, inclusive of all taxes, and excluding delivery expenses.
The rental payments due by the Client in respect of Subscriptions shall be invoiced monthly, in advance. When a Subscription is taken out, the Client expressly authorises ROMY Paris to issue an invoice to him/her each month in electronic format.
The Client may pay invoices by direct debit or by bank card. Any delay in payment shall cause late payment interest to accrue which will be invoiced to the Client.
Subscriptions may be terminated by the Client or ROMY Paris upon expiry of the initial term by means of written notice served no later than the fifteenth (15th) day of the month for termination at the end of the month.
In the event of termination by the Client during the initial term, the Client may be exempt from payment of the outstanding rent if he/she can give evidence of a legitimate reason or in the event of force majeure as defined by the legal precedent of the Court of Cassation.
Termination of the Subscription shall take effect at the end of the month under way when ROMY Paris receives the request for termination together with the documentary evidence of the legitimate reason invoked. In the absence of a legitimate reason, early termination shall cause all rental payments for the remainder of the initial term to become payable immediately.
During the Renewal Period, the Client or ROMY Paris may terminate the Subscription at any time. The termination shall take effect at the end of the Renewal Period under way when the written notice is received.
Either of the parties may terminate the Agreement following despatch of a formal notice which is not complied with within eight (8) days in the event of breach of the obligations of either of the parties or in the case of non-payment of an invoice by the Client.
Termination of the Subscription, for any reason, shall give rise to an obligation on the part of the Client to return Figure in working order and in a good state of repair within thirty (30) days following the effective date.
If the Client fails to return Figure or returns it in malfunctioning condition, ROMY Paris will invoice the Client for the sale price of Figure in force on the date of termination.
FIGURE shall be sent back in its original packaging. If the Client no longer has this packaging or if it is damaged, he/she may ask ROMY Paris to provide him/her with packaging materials at the cost of €20.
10. Right of withdrawal
In accordance with the provisions of Articles L. 121-21 et seq. of the Consumer Code, the Client has the legal right to withdraw within a period of fourteen (14) calendar days from the date of receipt of the Product ordered from the Website, without being required to give reasons, by sending the ROMY Paris Client Department an unambiguous declaration clearly expressing his/her wish to withdraw, or by sending the form of withdrawal in the Annex to these General Conditions of Rental to the ROMY Paris Client Department, the contact details of which are set out in Article 18.
As of notification of his/her intention to withdraw in the above circumstances, the Client shall have an additional period of fourteen (14) days to return the Product(s) by post to the address shown above at its expense, paid in advance, and under its liability.
For a refund to be payable, the Product(s) must be returned in their original packaging and condition, together with a copy of the invoice corresponding to the Product(s).
The Client is hereby informed that, for reasons of health and safety, Products which have been unsealed, opened and/or used by the Client after delivery may not be returned, in accordance with the provisions of Article L.121-21-8 of the Consumer Code.
If the conditions set out above are met, ROMY Paris will reimburse the Client for all sums incurred in relation to the order of the Products returned, including the delivery costs calculated on the basis of a standard delivery method, by payment to the Client’s bank account or card used when the order was placed, within fourteen (14) days from receipt of the returned Products by ROMY Paris.
ROMY Paris shall be liable for any lack of conformity of the Products sold in accordance with Articles L.211-4 et seq. of the Consumer Code and for latent defects in the Products sold in accordance with Article 1641 et seq. of the Civil Code.
Any claim made by the Client in relation to the statutory warranty as to conformity or the warranty against latent defects shall be sent to it.
Where the consumer wishes to claim under the statutory warranty as to conformity, he/she shall have a period of two (2) years from delivery of the Product to make the claim.
The consumer may choose between repair and replacement of the Product, subject to the conditions in relation to costs set out in Article L.211-9 of the Consumer Code.
The consumer shall be exempt from proving existence of the Product’s lack of conformity for twenty-four (24) months following delivery of the Product.
Where applicable, the statutory warranty as to conformity shall apply independently of any commercial warranty granted.
The consumer may decide to rely on the warranty against latent defects under Article 1641 of the Civil Code. In these circumstances, the consumer may choose between ending the rental or a reduction in the rental price in accordance with Article 1644 of the Civil Code.
12. Amicable settlement of disputes
In relation to any dispute between the parties and following a Client’s unsuccessful written complaint to the Client Department (the contact details of which are set out in Article 18) or if this department fails to reply within a reasonable period of one (1) month, the Client, within a period of one (1) year from his/her complaint, may have recourse to any alternative dispute resolution method and in particular to a mediation procedure by contacting the following mediator(s):
La médiation du commerce et de la distribution, FCD
12 rue Euler, 75008, Paris, France
Christian Delesalle , email : firstname.lastname@example.org
and/or by accessing the European on-line dispute resolution platform at the following address: http://ec.europa.eu/odr .
This procedure is free of charge and the Client may, at his/her expense, engage a lawyer to assist him/her. The Client is at liberty to accept or refuse the use of mediation and, where applicable, the solution proposed by the mediator.
13. Reservation of title – Transfer of risk – Custody of the Figure
ROMY Paris reserves full title to the Products sold until ROMY Paris has received payment for them in full, including expenses and taxes. Transfer of the risks relating to the Product to the Client shall take place upon receipt of the Products by the Client, ROMY Paris remaining liable in the event of loss, theft, damage or destruction during carriage. Concerning the Products rented, the Client is considered has a custodian in accordance with Article 1242 of the Civil Code
14. Limitation of liability
The Products offered for rental on the Website are aimed at consumers.
ROMY Paris shall not be held liable for any indirect loss or damage sustained by the Client or by third parties as a result of the Products or of use thereof.
ROMY Paris warrants that its Products conform to the French legislation in force but shall not in any circumstances be held liable in the event of non-conformity with the legislation in the country of delivery of the Products.
ROMY Paris shall not be held liable in the event of failure to perform the order as a result of circumstances of force majeure, such as disturbance, total or partial strike notably of the transport and/or communication services, fire, flood, etc.
ROMY Paris shall not be held liable for any direct or indirect loss, irrespective of the causes or consequences, including any loss of profits, clients or data arising as a result of use of the Products.
15. Intellectual property
The intellectual property rights attaching to the Products sold on the Website are and shall remain the exclusive property of ROMY Paris, who does not grant any licence or right other than the right to access the Website and use the Products.
16. Information technologies and liberties
The Client’s personal data is required for management of the order and for commercial relations. Such data may be forwarded to companies involved in commercial relations such as those responsible for the management, fulfilment, processing and payment of orders. This information and data is also retained for security purposes, in order to comply with the legal and regulatory obligations and to improve commercial relations with the Client, which includes sending the Client marketing information.
In accordance with the Information Technology and Liberties Act of 6 January 1978, the Client has a right to access, correct and object to the use of his/her personal data for legitimate reasons. The Client should simply write by email or post to the address appearing in Article 18, providing his/her surname, forename, email address and postal address.
17. Applicable law – Courts with jurisdiction
The General Conditions of Rental and the contractual relationship between ROMY and the CLIENT with regard to the order of Products from the Website shall be governed by French law. In the event of any dispute, the French courts shall have exclusive jurisdiction, to the exclusion of all other courts.
18. ROMY Client Department
For any questions relating to the purchase and use of Products, requests for advice or complaints, the Client may contact the ROMY Client Department:
– By email to the address email@example.com
– By telephone on +33954878990 from Monday to Friday between 10 a.m. and 4 p.m. Paris time
– By mail to AC&B-ROMY-Paris, 48 rue de Provence, 75009 Paris, France
General Conditions of Rental updated on 18/12/2017.