These general terms and conditions of Subscription (the "General Terms and Conditions") are those of AC&B, a simplified joint stock company with a capital of 132,480.00 euros, 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, carrying on business under intra-Community VAT number FR9053971762900015 and owner in particular of the ROMY and ROMY PARIS brands, French brands of premium and innovative cosmetics (hereinafter referred to as "ROMY" or "ROMY Paris").
1. Purpose and acceptance of the general terms and conditions of sale
The General Terms and Conditions are applicable to any online order on ROMY's e-commerce website accessible at https://romy.paris (the "Site") and to the Subscription services offered by ROMY (the "Subscriptions") to cosmetic products (HYLAB device or active capsules hereinafter referred to as the "Products") by a major end consumer located in metropolitan France or in one of the other areas served by ROMY (the "Customer"). The use of the Products is governed by the General Terms and Conditions of Use, which form an integral part of these General Terms and Conditions.
The purpose of the General Terms and Conditions is to define the terms and conditions for ROMY's online subscription of the Products, as well as the rights and obligations of the Customer making an online purchase.
ROMY sells the Products on its Site only to retailers and end consumers.
The General Conditions in force are accessible at any time on the Site and the Customer has the possibility to save and/or print them before validating his order.
The Customer declares that he has read and unconditionally accepted the General Terms and Conditions before placing his order by ticking the box provided for this purpose, any order validation involving in any event the acceptance by the Customer of the General Terms and Conditions.
The General Terms and Conditions applicable to subscriptions are those in force on the date of placing the order. Any deviation from the General Terms and Conditions shall only be valid with the prior written consent of ROMY.
ROMY reserves the right to update the General Terms and Conditions at any time, the new General Terms and Conditions applying to any new delivery made as from their date of publication online.
2. Products offered for Subscription on the Site
2.1 Description of the Products
In accordance with Article L. 111-1 of the Consumer Code, the Customer has the possibility, prior to his order, to consult on the Site the essential characteristics of the Product(s) he wishes to order.
ROMY takes the greatest care in presenting the Products on the Site. Nevertheless, the photographs and graphics illustrating the Products are only illustrative and variations may occur. In the event of a clear difference between the characteristics of the Product and its representation, ROMY cannot be held liable under any circumstances.
The Customer is invited to consult the Product description on the Site and to contact ROMY Customer Service to obtain additional information if necessary.
2.2 Product Availability
The Products are offered within the limits of available stocks. ROMY does not guarantee the availability of the Products presented on the Site.
In the event of unavailability of one or more Products after placing the order, the Customer will be notified by e-mail to the e-mail address indicated at the time of ordering and the price corresponding to the missing Product(s) will not be debited or, where applicable, refunded to the Customer's bank account or credit card.
In the event of a purchase of a Product in the form of a pre-order, the Customer will be debited on the day the pre-order is placed.
3. Prices of Products communicated on the Site
The prices of the Products appearing on the Site are indicated in euros, all taxes included.
Packaging and delivery costs may be subject to additional invoicing, depending on the amount of the order, and will be specified to the Customer in any case before the final validation of his order.
ROMY reserves the right to modify its prices at any time, without any other formality than to make the modifications on the Site, it being understood that the price invoiced to the Customer is the price indicated at the time the order is placed.
The conditions of an offer may be modified as long as the Customer has not validated his order under the conditions defined below. Any change in the order made after any price change will automatically apply the new prices.
Payment of the price is made in cash when the order is placed and on each due date. No order can be taken into account unless full payment is received by this date.
4. How to order Products
To place an order on the Site, the Customer must be of legal age, have legal capacity and have a means of payment authorised by the Site.
The Subscription is considered as definitively formed after validation of the payment by the Customer and receipt by the Customer of the confirmation email.
The Client acknowledges that, unless otherwise proven, the data recorded on the Site constitutes proof of the entire transaction between the Client and ROMY.
5. Refusal of order
ROMY Paris reserves the right to refuse or cancel any order, for a legitimate reason, for example due to a difficulty in supplying a Product, a problem concerning the understanding of the order received (illegible document…), a foreseeable problem concerning the delivery to be made or due to the abnormality of the order placed on the Site.
In such a case, ROMY Paris sends the Customer an e-mail using the e-mail address provided by the Customer when placing the order and does not collect the sums to be paid or, where applicable, reimburses the Customer for the sums already received by ROMY Paris under the disputed order.
6. Payment of payment
All orders, regardless of their origin, must be paid online, in euros and according to the authorized payment methods offered on the Site.
The Customer guarantees that he/she has the necessary authorizations to use the payment method chosen at the time of validation of the order. Any payment incident will result in the automatic cancellation of the order and/or the immediate suspension of the delivery of the Product(s).
7. Delivery of the Products
7.1 Place of delivery
The Products are delivered to the delivery address indicated during the ordering process, no later than 7 days from the validation of your order by ROMY for delivery in metropolitan France. In this respect, it is recalled that (i) Products purchased in the form of pre-orders will be delivered on the date indicated on the Site that (ii) the Products may be delivered in metropolitan France and in any other area served by ROMY. To find out if the desired place of delivery is part of the areas served by ROMY, please contact ROMY Customer Service at the address given in Article 22. No deliveries will be made outside this territory.
For any delivery outside the territory of metropolitan France, the delivery time will be indicated in the confirmation email. The Customer will be able to track the delivery of his order via a tracking number. As an indication and without this being exhaustive, ROMY does not ensure any delivery in the following countries: China, Korea, Taiwan, Singapore, Japan, Hong Kong, Thailand, Cambodia, Vietnam, Malaysia, Mongolia.
ROMY Paris cannot be held liable for damage resulting from a mistake made by the Customer in the information provided (loss of the Product, late delivery, etc.).
If the Customer is not present at the delivery address he indicated when placing his order on the day of delivery, a delivery notice is left in his mailbox, instructing him to collect his package at the carrier's office within the time limit indicated in the delivery notice. After this period, the package is returned to ROMY Paris.
The Customer acknowledges that delivery is considered to have been made when the package is delivered to the letterbox, directly to the Customer's home or to the carrier's office, the carrier's proof of delivery being proof.
7.2 Delivery times and costs
The delivery time and cost depend on the delivery method chosen by the Customer at the time of ordering.
In the event of a delay in the shipment of the Product(s) ordered within the time limit indicated on the Site, ROMY Paris will inform the Customer, by e-mail sent to the e-mail address indicated by the Customer at the time of his order, of any consequences on the delivery date initially indicated to the Customer.
ROMY Paris cannot be held responsible for any delay in delivery due to delivery services.
If delivery is not made within the maximum delivery time indicated in the order confirmation email, the Customer is entitled to cancel his order within a maximum of sixty (60) days from the first day of exceeding said period and will be refunded the amount of the cancelled order.
In the case of purchases made in the form of pre-orders, failure to deliver shall begin to run from the first day of the delivery date provided for in the pre-order.
8. Receipt of Products
It is the Customer's responsibility to check the condition of the packaging of the Product(s) and their conformity upon delivery.
In the event of deterioration of the package or an apparent anomaly (damaged, opened package, etc.) the Customer must imperatively formulate his reservations with the carrier or the carrier's office within forty-eight hours of the delivery date and report it to the ROMY Customer Service whose details are given in Article 22. Depending on the case, ROMY may, after examination of the Product(s) (which must be returned to ROMY within fourteen (14) days of the delivery date), exchange or refund them.
9.1 Product Subscription Conditions
In addition to the complete acquisition of its Products, ROMY also offers Subscriptions for the use of its Products.
Product Subscription is monthly. The monthly subscription subscription subscribes the subscriber to the service of sending a specified number of active capsules each month until a party decides to terminate this contract. By accepting this offer, the Subscriber accepts a monthly payment of an amount defined at the time of the initial order. Thus, as long as the subscription lasts, the Subscriber will be charged monthly at the beginning of each month and will receive his product before the end of the month of the charge. The Subscriber may terminate his subscription at any time in accordance with the terms and conditions set out in the article relating to the unsubscription of these general conditions. By subscribing, the Subscriber declares that he/she has read these general conditions, understood them and accepted them without reservation in full knowledge of the facts.
In accordance with Article L215-1 of the French Consumer Code:
For service contracts concluded for a fixed period with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by registered letter or dedicated electronic mail, not earlier than three months and not later than one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, shall mention, in an apparent box, the deadline for non-renewal. Where this information has not been sent to him in accordance with the first subparagraph, the consumer may terminate the contract free of charge at any time from the date of renewal. Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in that case be repaid within 30 days of the date of termination, after deduction of the sums corresponding, until that date, to the performance of the contract. The provisions of this Article shall be without prejudice to those which make certain contracts legally subject to special rules concerning consumer information.
And in article L215-3 of the same code:
The provisions of this Chapter shall also apply to contracts concluded between professionals and non-professionals.
And finally, in article L241-3 of the same code:
Where the trader has not reimbursed under the conditions provided for in Article L. 215-1, the sums due shall bear interest at the legal rate.
9.2 Termination of the Subscription
The Subscriber may terminate his subscription at any time on his "customer account" area. If the cancellation occurs after the automatic withdrawal made during the month, the order is deemed to have been concluded for the month concerned, the Subscriber may not demand the cancellation of this order on the grounds of his request for cancellation. Unsubscription is taken into account for the following month. Unsubscription may also result from the decision of the AC&B company in accordance with the terms and conditions set out in the article relating to the deactivation of customer accounts. In the event of unsubscription, a customer benefiting from a subscription at a lower price due to his age will lose this privilege and will have to pay the current rate if he wishes to subscribe again.
9.3 Deactivation of customer account
In the event of non-compliance with the obligations arising from the acceptance of these general terms and conditions, incidents of payment of the price of an order, delivery of incorrect information when creating the account or acts likely to harm AC&B's interests, the Company reserves the right to terminate the subscription and suspend the Subscriber's account. The company also reserves the right to refuse to contract with a Client who has been excluded or sanctioned for such acts.
10. Right of withdrawal
In accordance with the provisions of Articles L. 121-21 et seq. of the Consumer Code, the Customer has the legal right to withdraw within fourteen (14) calendar days from the date of receipt of the Product ordered on the Site, without having to justify any reasons, by sending to ROMY Customer Service any unambiguous statement clearly expressing his intention to withdraw, or by sending the withdrawal form in the Annex to these General Terms and Conditions of Subscription to ROMY Customer Service whose details appear in Article 22.
As from the notification of his intention to withdraw under the conditions provided for above, the Customer has an additional period of fourteen (14) days to return, at his expense and under his responsibility, the Product(s) by post to the address indicated above.
To be refunded, the Product(s) must be returned in their original packaging and condition, accompanied by a copy of the invoice corresponding to the Product(s).
The Customer is informed that, for reasons of hygiene and health protection, Products unsealed, opened and/or used by the Customer after delivery cannot be returned, in accordance with the provisions of Article L. 121-21-8 of the Consumer Code.
If the above conditions are met, ROMY will refund the Customer all sums incurred when ordering the returned Products, including delivery charges calculated according to a standard delivery method, to the Customer's account or credit card used when ordering within fourteen (14) days of ROMY's receipt of the returned Products.
ROMY is liable for defects in the conformity of Products sold under the conditions provided for in Articles L. 211-4 et seq. of the Consumer Code as well as hidden defects in Products sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.
Any request made by the Customer under the legal guarantee of conformity or the guarantee against hidden defects must be addressed to him.
When the consumer acts as a legal guarantee of conformity, he has a period of two (2) years from the delivery of the Product to act.
The consumer may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code.
The consumer is exempted from providing proof of the existence of the lack of conformity of the Product for twenty-four (24) months following the delivery of the Product.
Where applicable, the legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer may decide to implement the guarantee against hidden defects within the meaning of Article 1641 of the Civil Code. In this case, the consumer may choose between cancelling the Subscription or reducing the Subscription price in accordance with Article 1644 of the French Civil Code.
12. Amicable settlement of disputes
In the event of a dispute between the parties and following a failure of a written complaint by the Customer to the Customer Service (the contact details of which appear in Article 22) or in the absence of a response from this service within a reasonable period of one (1) month, the Customer, within one (1) year of his complaint, may resort to any alternative dispute resolution method and in particular to a mediation procedure by contacting the following mediator (s):
Mediation of trade and distribution, FCD
12 rue Euler, 75008, Paris
Christian Delesalle, E-mail: email@example.com
and/or by accessing the European online dispute resolution platform at the following address: https://ec.europa.eu/odr.
This procedure is free of charge and the Client may, at his own expense, be assisted by counsel. The client is free to accept or refuse the use of mediation and, if applicable, the solution proposed by the mediator.
13. Retention of title - Transfer of risk - Custody of the rental object
ROMY reserves full ownership of the Products sold until ROMY receives their full payment, including fees and taxes. The transfer of risks relating to the Products to the Customer occurs upon receipt of the Products by the Customer, ROMY remaining liable in the event of loss, theft, damage or destruction during transport. With regard to the rented products, the Client is considered as the custodian of the rented item within the meaning of Article 1242 of the Civil Code.
14. Limitation of liability
The Products offered on the Site are intended for consumers.
ROMY shall not be liable for any indirect loss or damage suffered by the Customer or third parties as a result of the Products or their use.
ROMY guarantees the conformity of its Products with the French legislation in force but cannot under any circumstances be held responsible in the event of non-compliance with the legislation of the country where the Products are delivered.
ROMY cannot be held liable in the event of non-performance of the order due to a case of force majeure, such as disruption, total or partial strike in particular of the means of transport and/or communication, fire, flood, etc.
ROMY shall not be liable for any direct or indirect damage, regardless of its cause or consequences, including loss of profits, customers or data that may occur as a result of the use of the Products.
15. Intellectual Property
The intellectual property rights attached to the Products sold on the Site are and remain the exclusive property of ROMY, which does not grant any license or any right other than that of consulting the Site and using the Products.
16. Data processing and liberties
The Customer's personal data are necessary for the management of the order and commercial relations. They may be forwarded to companies that contribute to these relationships, such as those responsible for the execution of orders for their management, execution, processing and payment. This information and data are also stored for security purposes, in order to comply with legal and regulatory obligations and to improve the commercial relationship with the Customer, including the sending of commercial prospecting.
In accordance with the amended Data Protection Act of 6 January 1978 and Regulation 2016/679, the Client has the right to access, rectify and oppose, for legitimate reasons, personal data concerning him/her. It is sufficient for the Client to write by email or post to the address given in Article 22, indicating his full name, e-mail address and postal address.
Information that allows the Customer to identify himself, such as the username and password, is personal and confidential. This information may only be modified at the Client's or ROMY's initiative, particularly in the event of a forgotten password.
The Customer is solely responsible for the use of his identification elements, he is required to keep them secret. Any disclosure on its part can under no circumstances be blamed on ROMY.
Any order placed using the Customer's identifier and password is deemed to have been placed by the Customer. ROMY shall in no event be held liable for any damage caused by the disclosure of such personal and confidential data by the Subscriber and therefore by the use of such data by a third party.
18. Safeguard clause
If one or more provisions of these General Terms and Conditions are declared invalid pursuant to a law or regulation or a final court decision, the other provisions shall remain in force and applicable.
19. Transfer of rights and obligations
In the event of a total or partial transfer of the AC&B Company's business, the contracts between the Client and the AC&B Company and/or successors and assigns shall remain binding between the parties. Contracts entered into by the AC&B Company may not be assigned by the Subscriber and/or the Client without the prior written consent of the AC&B Company.
The contracts, rights and obligations of the AC&B Company may in any event be assigned or transferred without the prior consent of the Client.
20. Advertising on the site
The AC&B Company may freely insert advertising on its Site, and has complete freedom of choice as to the layout of these advertisements, the advertisers and the viewing of these advertisements.
21. Applicable law - Competent courts
The General Terms and Conditions and the contractual relations between ROMY and the Customer relating to the ordering of Products on the Site are subject to French law. In the event of a dispute, the French courts shall have sole jurisdiction, to the exclusion of any other.
22. ROMY Customer Service
For any question relating to the purchase of Products and their use, request for advice or complaint, the Customer may contact ROMY Customer Service:
- By email at firstname.lastname@example.org
- By phone on +33 767 881 341 Monday to Friday, 10am to 4pm (Paris time)
- By mail to the address AC&B - Romy, chez Morning Coworking 2 rue Dieu, 750010 Paris, France